Bill 59 (Legislature 20, Session 1)

L20 S1 3679

Alberta — Bills

1983 BILL 59 Pint Session, 20ih Legislature, 32 Elizabeth II IME LEGISLATIVE ASSEMBLY OF ALBERTA NURSING PROFESSION ACT HON. MR. KING '^'^^^s ^ _,, ^'•"^cfihe Whole.*. : ^ ...........•..•.••••-•^'••••?»?**-n--»

tai9 BILL 59 1983 NURSING PROFESSION ACT (Assented to ,1983) TABLE OF COKTEKTS 1 ttii-uons PARTI PRACTICE OF NURSING 2 -•-•—trf nursing 3 «•- .-.:%C kCOpC 4 •--.en • 5 .« .f n:me 5 :-.ri wf employers 7

PART 2 ALBERTA ASSOCIATION OF REGISTERED NURSES 8 «j»j!ion 9 - :n:i;il JO --««:;»jw lion of the Council n .ntiil report

PART 3 REGISTRATION •^^''-.tsimcnl of Registrar 13 '-tvrr of Rcpsicred Nurses 14 *«tani$ educated in Alberta 15 *«Ka,iis educated outside Alberta i$ **««^iion of Tegis'^cred nurses 17 J*??«:raiion Committee 18 ***=*«>» of Repriiaiion Committee 19 7^ of decision 20 *''P'»*»uon Ro-icw Committee 21 7^*=>iion for leWew 22 r*^ of review 23 r*^ of Repstrstjon Review Committee 24 Tf'-^lcofregistrauon 25 J^oeniScaie 26 J^fromRe^r.er 27 r*°^^on of repsiratioa 28 7^^ of memo.Tindum 29 J^ permit 31 ^''^'Pecial permit

Temporary permit y^ Issue of temporary permit jj Review by Registratioa Review Committee j.- Decision oo review yy List of registrants 3j Correction of errors

PART 4 GRADUATE NURSES 37^ Certified Graduate Nurses Roster 3)' Entry in roster 39 Ineligible persons 40 Notice of decision 41 Graduate Nurses Appeal Boird 42 Appeal to Graduate Nurses Appeal Board 43 Conduct of appeal 44 Decision on appeal 45 Annual permit 46 RenewaJ of annual permit 4T Removal "of name from roster 4S Protection of name and initials 49

PART 5 PPJ^CTICE REVIEW Practice Review Committee 50 Absence of member of the public SI Functions of the Practice Review Committee 52 Conduct referred to Professiotial Conduct Committee .53 -

PART 6 NURSING EDUCATION Rules of the Universities Co-ordinating Council 5* Powers of the Universities Co-ordinating Council 35

PART 7 DISCIPLINE

Definitions 9^ Professional Conduct Committee esublished 37 Unskilled practice and professional misconduct 38 Complaints 39 Mediation A Admission of unsidlled practice or professional misconduct ^^ Investigation C Notice of decision ^ Complainant's appeal ^ Suspension pending investigation or decision ^ Representation by counsel ^ Investigation and hearing ^ Other conduct investigated ^ Evidence ^ Witocsscs w Witnesses from outside Alberta ^ Notice to attend and produce ^ Proceedings for civil contempt ^ Absence of investigated person '* Decision of Professional Conduct Committee '^ Powers of Professional Conduct Committee 'S Fines and costs •'•

Recovery of fine or costs 78 Written decision 79 Record of proceedings 80 EfTect of decision 81 Appeals Committee of Council appointed 82 Appeal to Appeals Committee of Council 83 Notice of hearing . , 84 Participation in appeal 85 Appeals Committee's powers on appeal 86 Written decision 87 Appeal to Court of Appeal 88 Parties to an appeal 89 Procedure for appeal to the Court of Appeal 90 Powers of Court of Appeal 91 False registration 92 Reinstatement following suspension or cancellaaon 93 Memorandum of suspension 94 Cancellation of registration or permit 95 Recognition of order 96 Termination by employer 97 Duty of employee 98 PARTS GENERAL Regulations 99 By-laws 100 Executive Director 101 Commissioners for oaths 102 Disclosure of unsafe conduct or danger to heal^Ji 103 Registrar's certificate 104 Service ofdocument or notice 105 Protection from liability 106 Offences and penalties 107 Burden of proof 108

PART 9 ALBERTA REGISTERED NURSES EDUCATIONAL TRUST

Definitions 109 Alberta Registered Nurses Educational Trust 110 Powers of the Trust 111 Objerts of Trust 1*2 Board >*5 By-laws of Trust 1*4 Annual audits and fiscal year 113 Winding up 1*^

PART 10 TRANSITIONAL AND CONSEQUENTIAL PROVISIONS Definition '*^ Active members * * ^ Council membership continues 119 Application for registralion 120 Discipline proceedings "* Alberta Registered Nurses Educational Trust 122 Rules continued *23 Special regulation *24 0>nsequen:ial *^^"*^r Repeal of Registered Nurses Act 136 Coming into force *^'

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Alberta, enacts as follows: 1 la this Act, (a) "approved school of nursing" means a school of nursing dc$. ignated as an approved school of nursing under

Part 6; (b) "Association" means the Alberta Association of Registertd Nurses; (c) "certified graduate nurse" means a person whose name is b the Roster of Certified Graduate Nurses and who holds an annual permit (d) "conduct'* includes any act or omission; (e) "Council" means the Council of the Association; (0 "exclusive nursing practice" msans the application of profes- sional nursing knowledge for compensation for the purpose of (

i) caring for physically or mentally ill persons, or (ii) caring for and assessing the health of well persons, and includes the administration of any drug or medicine, as oc-. fined in the Pharmaceutical Association Act. that is permitted by law to be prescribed and administered to a person; (g) "Executive Director" means the registered nurse appointed as the Executive Director of the Association by the Council; (h) "Minister" means the member of the Executive Council charged with the administration of this Act; (i) "nurse registration examination" means a nurse registration examination adopted or set under the regulations; (j) "permit" means a special permit, temporary permit or annual permit issued pursuant to this Act; (k) "permit holder" means a person who holds a pemiit; (1) "registered nurse" means a person who is issued a certificate of registration as a registered nurse under this Act and who boldJ an annual certificate; (m) "Registrar" means the registered nurse appointed as Rcs»5' trar of the Association in accordance with the by-laws; ' (n) "roster^ means a roster established under this Act 4

PARTI PRACTICE OF NUP.SING 2 A registered nurse and a certified graduate nurse are entitled to apply professional nursing knowledge for the purpose of (

a) promoting, mamtaining or restorii^ health; (

b) preventing illness, injury ordisabifity; (

c) caring for the injured, disabled or incapacitated; (

d) assisting in childbirth; (

e) leaching nursing theory or practice; < (0 caring for the dying; (

g) co-ordinating health care; (

h) engaging in the administration, education, teaching or re search required to implement Or complement exclissive nursing practice or all or any of the matters referred to in clauses (

a) to (g). 3(1) Subject to the provisions of this or any other Act entitling a person to practise a science, therapy or system of practice, a person is guilty of an offence who, not being a registered nurse or permit holder, engages in exclusive nursing practice.

(2) Nothing in this Act authorizes or allows the holder of a tempo rary or special permit to engage in exclusrvc nursing practice contrary to the limitations, conditions or restrictions applicable to the permit or to the permit holder.

(3) Nothing in this Act prevents (

a) a student enrolled in an approved school of nursing from engaging in exclusive nursing practice in the course of the stu dent's education program, or » (

b) a student enrolled in an appro^-«d school of nursing from engaging in exclusive nursing practice in the course of her em ployment if the student is directly si^pervised by a registered nurse. ^ After the Minister has consulted with the Council of the Associ ation, the Lieutenant Governor in Council may exempt a person or €lsss of persons from the application of

section 3(1) subject to any terms and conditions imposed by the Lieutenant Governor in Coun cil. 5(1; No person, except a registered nurse, shall (

a) use the name "registered nurse" or any other name or any abbreviation of those words alone or in combination v.ith any other word, or .

Dutin of cmployen Injunction' (

b) use the inin'pls "R.N." or any other initials cither alone or combination with any other word, letter, symbol, initial or ^ breviation, that represent expressly or by implication that she is a registsw nurse, or use any tiile, name, description, abbreviation, letter or sya bol representing the name "registered nurse" or the letters "Ri<.»

(2) No person, except a registered nurse or a permit holder, i^jj represent or hold out, expressly or by implication, that she is eaiitfc* to engage in exclusive nursing practice or that she is a register nurse or permit holder, as the case may be. 6 No person shall knov-ingly employ or engage a person who u ta a re^stered nurse Cr permit holder to provide exclusive nursing JB*. tice. 7 The Coiut of Queen's Bench, on application by the Council b* way of originating notice, may grant an injunction enjotoing asj person from doing any act or jthing that contravenes this P^ or

section 49, notwithnanding any penalty that may be provided by lia Act or the regulations in respect of that act or thing. i^ART 2 ALBERTA ASSOCIATION OF REGISTERED NURSES Assocauon 8(1) The Alberta .-Association of Registered Nurses is continued n i corporation.

(2) The Association has the capacity and, Subjec", iD this Act, ibt rights, powers and privileges of a natural person.

(3) A registered nurse is a member of the Association. Council 9(1) There is hereby established a governing body of the Associaii« called the CounciL

(2) The Coimcil shall manage and conduct the business and afiiJ?^ of the Association and exercise tlie powers of the Association in lb* name of and on behalf of the Association. Composition of 10(1) The Counci! shall consist of the Council (

a) at least 10 regisiw-red nurses or a greater number that may^ prescribed by cr determined in accordance with the by-laws, e3C of whom shall be cleaed in accordance with the by-laws, and (

b) when the number of elected registered nurses 0 is 10, oze member of the public, (iO is II or more but not more than 20. 2 members of »5| public, or OiO is more than 20 but not more than 30, 3 members of t> public.

who shall be appointed by the Minister, after consultation with the Council, for a 2 year term of office.

(2) A member of the public who is appolnled to the Council contin ues to hold office after the expir>- of her term of office until she is reappointed or a successor is appolcied.

(3) The Minister may, after consultation with the Council, revoke the appointment of a member of the public appointed to the CbunciL

(4) The Nlinister may pay to a member of the public appointed to the Council travelling and living expenses incurred by that member for her attendance at any meeting of the Council while away from thjt member's usual place of residence, and fees in an amount pre scribed by the Minister.

(5) The powers, duties and operation of the Council under this Act, the regulations and the by-laws are not affected by (

a) the fact that no member of the public is appointed as a mem ber of the Council under subsection (l)(b), (

b) the revocation of the appointment of a member of the public, or (

c) the resignation from the Council of a member of the public.

(6) The failure of a member of the public appointed to the Council to attend a meeting of the Council does not affect or restrict the Council from exercising any powers or performing any duties under this Act, the regulations and the by-laws at that meeting. » -hcpoti 11(1) The Cbuncil shall submit annually to the Minister, in a form satisfactorN' to her, a report on those mattcts of the business and afiairs of the .^isociation that the Minister requires. ,

(2) The Minister shall, on receipt of the annual report of the Asso ciation, lay it before the Legislative Assembly if it is then silting, and if it is not then sitting, within 15 days after the commencement of the next ensuing sitting.

PART 3 REGISTRATION t^'mtntof 12 There shall be a registered nurse appointed as Registrar of the Association in accordance with the by-laws. tf^J 13 Tnerc is hereby established the Register of Registered Nurses, ^ v.hich shall be maintained by the Registrar in accordance N\ilh the by-laws. '^'l, 14 Subjea to

section 15, no person shall be registered in the Reg ister of Registered Nurses unless she (

a) produces documentation satisfactory to the Registrar that shows that she has successftilly completed a basic nursing edu cation program at an approved school of nursing, and

(

b) passes the nurse registration examination. 15 A person who h2s obtained her nursing education outside Alberta- shall not be registered in the Register of Registered Nurses unless (

a) she is or has been a nurse registered by the regulating body of another province, state or country and her right to practise as a registered nurse is not revoked or under suspension as a result of a disciplinary proceeding in any other jurisdiction, (

b) she produces documentation (

i) showing that (

A) the Universities Co-ordinating Council is satisfied that she has successfully completed, in a school of nursing, a basic nursing education program considered by the Uni versities Co-ordinating Council to be substantially equiv alent to the basic nursing education program offered by an approved school of nursing in Alberta at the time the program vi-as taken, or --• >^ (

B) she has successftilly completed a program of studies or practice that, in the opinion of the Universities Co ordinating Council, would result in her having completed a basic nursing program that is substantially equivalent to the basic nursing program in an approved school of nursing, or i (ii) showing that the Universities Co-ordinating Council is satisfied that special circumstances exist, that she met the standards set by the regulating body of the province, state or country in which she is or was registered, and that the nursing education program she completed is satisfactory, and (

c) she (

i) passes the nurse registration examination, or (ii) has passed, in a manner satisfactory to the Registration Committee, an examination that is approved by the Council of the Association and established by the regulating body of another jurisdiction as a requirement for registration as a reg istered nurse in that jurisdiction. 16 The Regliuar shall enter in the Register of Registered Nurses the name of a person who meets the requirements of this Act and the regulations, and (

a) whom the Registrar is authorized by the regulations to regis ter, or (

b) whose registration has been approved by the Registration Committee or the Registration Review Committee, and who has paid the fee prescribed in accordance with the by-law*-

17(1) There is hereby established a Registration Committee com posed of those individuals appointed by the Council in accordance M^ith the by-laws.

(2) In addition to the duties and responsibilities that the Registration Committee has under this Act, the Registratioa Committee may (

a) if authorized to do so by the Universities Co-ordinating CouncU, evaluate the academic qualifications of an applicant for registration as a registered nurse that are obtained outside Alberta; (

b) determine whether the conditions required to be met before an annual certificate is issued have been met.

(3) The Registration C^ommittee may require (

a) an applicant for registration, or (

b) an applicant for an annual certificate to undergo a medical examination by a physician agreed to by the applicant and the Committee or, failing an agreement, designated by Lhe Committee, for the purpose of assisting the Committee to deter- nin'5 wheAer that applicant's engaging in or continuing to engage in nursing as a registered nurse would create a danger to the public or be unsafe because of a disabihty or addiction. '^ti 16(1) Except when

section 16(

a) applies, the Registration Committee shall consider applications for registration as a registered nurse in accordance with this Part and the regulations.

(2) The Registration Committee may, v.ith respect to an application for registration as a reristered nurse, (

a) approve the application, - (

b) reftise the application, or (

c) defer the decision pending compliance with any condition that it considers necessary. ^•^ 1S(1) The Registration Committee shall send a written notice of its decision to the applicant not more than 30 days after it considers the application.

(2) If the decision of the Registration Committee is to refuse Or defer approval of registration of the applicant, written reasons for the de cision shall be sent to the applicant 20 There is hereby established a Registration Review Committee composed of those persons appointed by the Council in accordance with the by-laws. '•^^^ 21(1) An applicant whose apph'cation for registration as a registered liurse has been refused or deferred by the Rc^stration Committee »>nder this Part may •^•-1 ca

(

a) within 30 days of receipt of the Committee's decision, request the Registration Committee to reconsider its decision, or (

b) request the Registration Review Committee to review the application.

(2) An applicant who requests a review by the Registration Review Committee shall apply to the Committee (

a) within 30 days of receipt of the Registration Committee's decision, or (

b) if the Registration Committee reconsiders its decision, within 30 days of receipt of the Registration Committee's reconsidered decision.

(3) An application for reconsideration or review under this

section shall be in writing to the Registrar sp>ecifying the reasons why the applicant's application for registration as a registered nurse should be approved. jduct of 22(1) The Registration Review Ccmrr.itiee shall notify the applicant in writing of the date, time and place i: will review the application.

(2) The applicant is entitled to appear with counsel and to make representations to the Registration Review Committee when it re views the matter.

(3) A member of the Registration Committee, or a. person acting on its behalf, is entiUed to participate in the review before the Registra tion Review Committee. nsion of 23(1) Follovring its review of an application, the Registration Review Committee may lev* pstraiion 'iew r.rrinee (

a) confirm or vary the decision of the Registration Committee, or (

b) rescind the decision of the Registration Committee and sub stitute any decision that the Registration Committee could have made.

(2) The Registration Review Committee shall send a written notice of its decision to the applicant not more than 30 days after the con clusion of its review. :.:s.^te c» 24 On registering the rame of a person as a registered nurse in the iiriuon Register of Registered Nurses, the Registrar shall issue to that person a certificate of registration and an annual certificate. nu3i«rtifica:; 25(1) A person registered in the Register of Registered Nurses shall pay to the Association the annual fee prescribed in accordance with the by-laws.

(2) The Registrar shall, in accordance with the by-laws, issue 20 annual certificate to a person 10

(

a) whose registration in the Register of Registered Nurses is not under suspension, (

b) who meets any requirements or conditions prescribed by the regulations for the issue of an aimual certificate, and (

c) who pays the annual fee.

(3) Subject.to this Act and the regulations, a re^stered nurse is cn- titied to (

a) engage in exclusive nursing practice as a registered nurse, and (

b) represent or hold out that she is a registered nurse, during the year for which the annual certificate is issued.

(4) An annual certificate expires on the dale prescribed in the by laws. •n 25(1) The Registrar shall not remove the registration of a registered nurse from the Register of Registered Nurses on her request unless the request has been approved by the Registration Committee.

(2) V^'nen a request for the removal of a re^stration from the Reg ister of Registered Nurses is approved by the Registration Commit tee, (

a) the registration shall be removed from the Register, and (

b) the registered nurse requesting the removal shall, on being notified of the approval, send to the Re^strar any certificate of registration issued to her. 'Of 27(1) The Registrar, after the expiration of 30 days following the service of a vvritten notice on a registered nurse or a person whose name appears on the Register of Registered Nurses, may cancel the registration of that person if she (

a) is in default of payment of annual fees, or (

b) fails to pay a penalty, costs or any other fees, dues or levies payable under this Act.

(2) The notice under subsection (1) shaU state that the Re^strar may cancel the registration of a person unless (

a) annual fees are paid, or (

b) any other penalties, costs, dues or levies are paid as indicated in the notice.

(3) If the registration of a person is cancelled under this section, that person shall, on request, send her certificate of registration to the Registrar.

(4) If a registration is cancelled under this section, the Registrar may, subject to

section 25(2) and the regulations, reinstate that registration 11

letnool of neaion^r.duin losten Speciil pennit Issue of special permit Temporary pennit in the Register of Registered Nurses and, if necessary, reissue thm certificate of registration. 23 The Registrar shall not remove from the Register of Registered Nurses any memorandum made on it except in accordance with the by-laws. 29 There is hereby established (

a) a roster of special permit holders, and (

b) a roster of temporary permit holders, that shall be maintained by the Registrar in accordance with the by- laws. 30(1) A person who does not intend to apply for registration as a registered nurse in Alberta, but who (

a) wishes to engage in exclusive cursing practice in Alberta for special purposes and for limited^periods of time, and (

b) is cntitied to engage in exclusive nursing practice outside Alberta, may apply to the Registrar for a special permit in accordance wih the regulations.

(2) In considering an application for a special permit the Registrar may refer the application to the Registration Committee for direc tions or guidance.

(3) The Registrar in accordance with the regulations may approve, with or without limitations, conditions or restrictions, or refose an application for a special permit and shall notify the applicant accord ingly. 31(1) If the Re^strar approves an application for a special permit, the Registrar shall, in accordance with the regulations, and on pay ment of the fee prescribed in accordance with the by-laws, enter the name of the applicant on the roster of special permit holders and issue a special permit to her.

(2) A special permit (

a) shall be issued for a specified period of time, not exceeding 1 year, but may be renewed in accordance with the regulations; (

b) shall set out any limitations on the exclusive nursing practice in which the permit holder may engage.and any conditions and restrictions on the practice of the person to whom the special permit is issued; (

c) may impose such other conditions or restrictions as the Re gistrar considers appropriate. 32(1) A person who mtends to apply for or vA\o is in the P""^^^ applying for registration or renewal of registration as a register^ 12

nurse may apply to the Registrar for a temporary permit in accord ance with the regulations.

(2) In considering an application for a temporary permit the Regis trar may refer the application to the Registration Committee for directions or guidance.

(3) The Registrar may approve, with or without limitations, condi tions or restrictions, or refuse an application for a temporary i>ermil in accordance with the regulations and shall notify the applicant ac cordingly. ^^ 33(1) If the Registrar approves an application for a temporary per- r^nr)vcmn ynit thc Rcgistmr shall, in accordance with the regulations, and on pajmcat of the fee prescribed in accordance with the by-laws, enter the name of the applicant on the roster of temporary permit holders and issue a temporary permit to her.

(2) A temporary permit (

a) shall be issued for a specified period of time, not exceeding 6 months, but may be renewed in accordance with the regulations; (

b) shall set out any limitations on the exclusive nursing practice in which the permit holder may engage and any conditions and restrictions on the practice of the person to whom the temporary permit is issued; (

c) may impose such other conditions or restrictions as the Re gistrar considers appropriate. • •i;ion '>^ 34(1) An applicant for a special permit or a temporary pennit may apply for a review of a decision of the Registrar to refuse the permit or the imposition of any limitation, condition or "restriction on the permit

(2) An application under subsection (1) shall be made in writing to the Re^stration Review Committee within 30 days of receipt of the Registrar's decision, specifying the reasorr why the special or tem porary permit should be granted or why a limitation, condition or restriction should be revised or struck out.

(3) The Registration Review Committee shall notify the applicant in writing of the date, time and place it will review the applicatioru

(4) The applicant and the Registrar are entitled to appear with coun sel and to make representations to the Registration Review Commit tee when it reviews the matter. 35(1) Following i? > review of an application, the Registration Review Committee may (

a) confirm or vary the decision of the Registrar, or (

b) rescind the decision of the Registrar and substitute any deci sion that the Registrar could have made. 13

(2) The Registration Review Committee shall send to the applican, a written notice of its decision within 30 days of the conclusion of its review. Lisiofresiwranu 35 The Registrar shall maintain and, during regular office hom permit any person to inspect a list of all the registered nurses aS pemut holders. Correction 37 The Registration Committee may direct the Registrar to correct oferrors ^^ cauccl any registration or entry made in error in the Register of Registered Nurses or in a roster.

PART 4 ^ GRADUATE NURSES Certified ^ 38 Thcrc is hereby established thc Certified Graduate Nurscs Ro$- R^ilf"'^""'* ter, which shall be maintained by the Registrar in accordance with the by-laws. Entry in roster 39(1) The Registrar shall enter in the Certified Graduate Nurses Ros ter the name of an applicant who (

a) is a graduate of a general'nursing program, and (

b) is or has been employed as a graduate nurse in exclusive nursing practice in Alberta at any time in the 3 years preceding the coming into force of this Act, or whose apph'cation has been approved by the Registration Cora- minee or the Graduate Nurses Appeal Board.

(2) An application under subsection (1) that is not approved by the Registrar shall be referred to the Registration Committee and the Committee may (

a) approve the application, (

b) refuse the application, or (

c) defer the decision pending the receipt of fiirther information.

(3) No person may apply to have her name entered in the Certi6e<l Graduate Nurses Roster more than 3 years after the coming in*® force of this Act Ineligible perv»» 40 No pcrsou shall bc cutcred in the Certified Graduate Nurses Roster who is registered or eligible for registration as a registcr«i nurse under this Act or a predecessor to this Act. Notice of 41(1) The Registration Committee shall send to every applicant under decision ^^ p^j^ ^ written notice of its decision.

(2) If the decision of the Registration Committee is to refuse o^^icft^ the application, written reasons for the decision shall be sent to tne applicant 14

, ,^ 42(1) There is hereby established a Graduate Nurses Appeal Board ft^'-i composed of (a) 1 person appointed by the AlberUi Hospital Association; (b) 1 person appointed by the Minister; (c) 1 person appointed by the Minister of Hospitals and Medical Oire; (d) 1 person other than a registered nurse appointed by the Min ister from a list of no fewer than 3 members of the public nom inated by the Ouncil; (e) 3 persons appointed by the Council, 1 of whom shall be chair man.

(2) The Graduate Nurses Appeal Board shall establish its own rules of conduct and procedure. 43(1) An applicant whose application ujider this

Part is refused by :. ."'•' the Registration Committee may, within 30 days of receipt of the notice of refusal, appeal to the Graduate Nurses Appeal Board.

(2) An appeal under subsection (1) shall be in writing to the Registrar specify-ing the reasons why the application should be approved. ' •' 4<

(1) The Graduate Nurses Appeal Board shall notify the appellant of the date, time and place it v^ill consider the appeal

(2) The appellant is entitled to appear with counsel and to^ make representations to the Graduate Nurses Appeal Board when it con siders the matter. *

(3) A member of the Registration Committee, or a person acting on its behalf, is entitied to participate in the appeal before the Graduate Nurses Appeal Board. ^- 45(1) Follov-ing its hearing of an appeal, the Graduate Nurses Ap peal Board may (

a) confirm or vary the decision of the Registration Committee, or (

b) rescind the decision of the Registration Committee and sub stitute any decision that the Registration Committee could have made.

(2) The Graduate Nurses Appeal Board shaU send a written notice of its decision to the appellant *6(1) On entering the name of a person in the Ort^ed Graduate ^'urscs Roster and on payment of the fee prescribed m accordance ^'th the regulations, the Registrar shall issue an annual permit to ^at person.

(2) Subject to this Act, a certified graduate nurse is entitled to 15 '•^.

(

a) engage in exclusive nursing practice as a certified graduate nurse, and (

b) represent or hold out that she is a certified graduate nurse during the year for which the aimual permit is issued.

(3) An annual pennit expires on the date prescribed in the by-laws. ie*3«or 47(1) A certified graduate nurse shall pay to the Association the '"' P5""'' annual fee prescribed in accordance with the regulations.

(2) The Registrar shall, in accordance with the by-laws, issue an annual permit to a certified graduate nurse (

a) who is not under suspension, (

b) who meets any requirements or conditions prescribed by the regulations for the issue of an annual permit, and (

c) who pays the annual fee.

(3) The Registration Committee may require an applicant for an pnmial permit to undergo a medical examination by a physician agreed to by the applicant and the Registration Committee or, failing an agreement, designated by the Registration Committee, for the pur pose of assisting the Committee to determine whether the applicant's continuing to engage in nursing as a certified graduate nurse would create a danger to the public or be unsafe because of a disability or addiction. rr.ovai of 43(1) The Registrar, after the expiration of 30 days following the T.e rrom roster j^^vice ou a Certified graduate nurse or a person whose name appears in the Certified Graduate Nurses Roster of a written notice, may remove the name of that person from the Rosier if she (

a) is in default of payment of annual fees, or (

b) fails to pay a penalty, costs or any other fees, dues or levies payable imder this Act.

(2) The notice imder subsection (1) shall state that the Registrar may remove the name of that person from the Certified Graduate Nurses Roster unless (

a) annual fees are paid, or (

b) any other penalties, costs, dues or levies are p^d as indicated in the notice.

(3) If the name of a certified graduate nurse is removed under this section, that person shaU forthwith surrender her annual permit to the Registrar andflie Registrar shall remove her name from the Cer tified Graduate Nurses Roster.

(4) If the name of a certified graduate nurse is removed from the Roster under this section, the Registrar may, subject to the rcgula* 16

tions, reinstate that name in the Certified Graduate Nurses Roster and, subject to

section 47(2), issue an annual permit ^ .^,ionof 49 No person, except a certified graduate nurse, shall ,.-f aid initials (

a) use the name "certified graduate nurse" or any other name or any abbreviation of those v.ords alone or in combination with any other word, or (

b) use the initials "CGN" or any other initials either alone or in combination with any other word, letter, symbol, initial or ab breviation, that represent expressly or by implication that the person is a certi fied graduate nurse, or use any title, name, description, abbreviation, letter or symbol representing the name "Certified Graduate Nurse'* or the letters "CGN". PARTS PRACTICE REVIEW . ..-i:e Review 50(1) There is hereby established a committee called the Practice '""'•'•'** Review Committee composed of (

a) no fewer than 4 registered nurses appointed by the Council in accordance with the by-laws, (b) 1 person appointed by the Miiuster from a list of no fewer than 3 members of the public nominated by the Council, and (

c) such other persons as may be specified under the by-laws.

(2) If the Council fails, within a reasonable periodif time after being requested to do so by the Minister, to make the nominations for the purposes of subsection (l)(b), the Minister may appoint a member of the public to the Practice Review Committee without the Council's nomination.

(3) The Minister may pay to the member of the public appointed to the Practice Review Committee travelling and liying expenses in curred by that member for attendance at a meeting of the Committee away from her usual place of residence, and fees in an amount pre scribed by the Minister.

(4) The Minister may, after consultation with the Council, rcvolce the appointment of the member of the public appointed to the Prac tice Review Ojmmittee. *J>*na or 51(1) The powers, duties and fimclions of the Practice Review Com- pj^jberofihe J^•^{l^QQ undcr this Act, the regulations and by-laws are not affected by (

a) the fact that no member of the public is appointed as a mem ber of the Committee, (

b) the revocation of the appointment of a member of the public^ or 17

(

c) the resignation as a member of the Committee of a membb of the public.

(2) The failure of a member of the public appointed to the Practice Review Committee to attend a meeting of the Committee shall not be construed to affea or restrict the Committee from exercising aa powers or perfonning any duties under this Act, the regulations^ the by-laws at that meeting. Functions of the 52 In addition to the jurisdiction it has imder this Act, the Practice S^iS"^ Review Committee may, in accordance with the regulations, (

a) inquire into or investigate and report on nursing and the d^ sirable standards of competence and continuing competence of registered nurses and permit holders generally, and (

b) conduct a review of the practice of a re^stered nurse cr per mit holder. Conduct referred 53 .The Practicc Review Committee may refer the conduct of i coSf'""' registered nurse or permit holder to the Professional Conduct Com- Commit» mittee and the referral shall be treated as a complaint imder

Part 7. -PART 6 NURSING EDUCATION Ra:e5 of Ae 54(1) The Universities Q>-ordinating Counril may make rules L'niveriitas Co-or(:irjting , , , Council (

a) prescnbmg the minimum standards required to acquire ana retain the designation "approved school of nursing"; Co) providing for the evaluation of the academic qualifications obtained outside Alberta of applicants for registration as regis tered nurses; (

c) respecting any matters that are required to secure an effective program of study in nursing.

(2) A rule made under subsection (1) does not come into force unless it is approved by the Lieutenant Governor in Council, and may be amended by the Lieutenant Governor in Council at the time it »* approved.

(3) The Regulations Act does not apply to the rules made under this section. Powers ofifce Univertities Co-ordinaiir| Council 55 The Universities Co-ordinating Council may (

a) grant to and withdraw from a school of nursing the desJ&J* tion "approved school of nursing"; (

b) verify compliance with any rules made under this sectiotl; (

c) maintain a continuing assessment of existing educational on practice standards; 18

Drfnitioni (

d) at the request of the Council of the Association, set or ad minister the nurse registration examination; (

e) authorize the Registration Committee to evaluate the aca demic qualifications that are obtained outside Alberta of appli cants for registration as registered nurses; (

f) provide for the publication of any rules made under

section 54.

PART 7 DISCIPLINE 56 In this Part, (a) "chairman" means the chairman of the Professional Conduct Committee and includes a vice-chairman; (b) "complaint" means a complaint made in writing about the conduct or alleged conduct of a re^stered nurse or permit holder, signed by the person making it; •<c) "investigated person" means a registered nurse or a i>eimit holder with respect to whose conduct an investigation or hearing is held under this Part; (d) "investigator" means the person appointed by the chairman to conduct a preliminary investigation under this Part or the regulations, or the chairman when she conducts the preliminary investigation herself.

J^'wor^ 57(1) There is hereby established a committee called the Profes- cS^^.m« sional Conduct Committee composed of no fewer than (a) 5 registered nurses appointed by the Council in accordance with the by-laws, and (b) 2 persons appointed b>' the Minister from a list of no fewer than 5 members of the public nominated by the CoimdL

(2) If the Council fails, within a reasonable period of time after being requested to do so by the Minister, to make the nominations for the purposes of subsection (l)(b), the Minister may appoint 2 members of the public to the Professional Conduct Committee without the Coimcil's nominatioiL

(3) The Minister may pay to a member of the pubUc appointed to the Professional Conduct Committee travelling and living expenses incurred by that member for attendance at a meeting of the Com mittee av^-ay from her usual place of residence, and fees in an amount prescribed by the Minister.

(4) The Minister may, after consultation with the Council, revoke the appointment of a member of the public appointed to the Profes sional Conduct Committee. 19

(5) The powers, duties and fimctions of the Professional Conduct Committee under this Act, the regulations and by-laws are not af fected by (

a) the fact that no member of the public is appointed as a mem ber of the Committee, (

b) the revocation of the appointment of a member of the public, or (

c) the resignation as a member of the Committee of a member of the public.

(6) The failure of a member of the public appointed to the Profes sional Conduct Committee to attend a meeting of the Committee shall not be construed to affect or restrict the Committee from exer cising any powers or performing any duties under this Act, the reg ulations or the by-laws at that meeting. iskiiied 58 Any conduct of a registered nurse or permit holder that, in the 'fv«'o*"a1 opinion of the Professional Conduct Committee, sconduct (

a) is detrimental to the best interests of the public, (

b) contravenes this Act or the"Vegulations, (

c) harms the standing of the nursing profession generally, or (

d) displays a lack of knowledge of or lack of skill or judgment in the carrying out of any duty or obligation undertaken as a registered nurse or permit holder, T. whether or not that conduct is disgraceful or dishonourable, consti tutes either unskilled practice or professional misconduct or both, whatever the Professional Conduct Committee finds. mpbinis 59(1) A person may make a complaint to the Executive Director and the complaint shaU be dealt with in accordance with this Part and the regulations.

(2) If, after the registration of a registered nurse is removed, sus pended or cancelled under this Act or any predecessor Act, or the permit of a permit holder is suspended or cancelled, (

a) a complaint is made about the former registered nurse or permit holder, and (

b) the complaint relates to conduct occunirg before the re moval, suspension or c^cellation occurred, the complaint may, notwithstanding the removal, suspension or can cellation, be dealt with within 2 years following the date of removal, suspension or cancellation as if the removal, suspension or cancella tion had not occuned. iiaiion 60(1) A person designated by the Council as a mediator may assist in settling a complaint made to the Executive Director if the com- 20

plainant and the registered nurse or permit holder about whose con duct the complaint is made so agree.

(2) If within 45 days of the dite of receipt of a comnlaint, or a longer period agreed to by the persons concerned, a settlement of the com plaint does not occur or in the mediator's opinion is not likely to occur, the complaint shaU be referred by the mediator to the chair man forthwith.

(3) If mediation is not agreed to by the persons concerned, the Ex ecutive Director shall forward the complaint to the chairman forth- wth. .^01. of 61(1) If a registered nurse or a permit holder admits to conduct that " tS" ^^ °^ ^- alleged to be unskilled practice or professional misconduct, ^iu« v.ith'iheconsentof the registered nurse or permit holder, (

a) a mediator, or (

b) the Executive Director may refer the matter to the Professional Conduct Committee without a preliminary investigation.

(2) On receipt of a reference imder subsection (1), the Professional Conduct Committee may hold a hearing hmiiing itself to deciding (

a) whether the conduct admitted by the investigated person con stitutes unskilled practice or professional misconduct or both, and (

b) the order, if any, to be made imder

section 76 or 77 or both. - {jtion 62(1) The chairman shall, within 30 days after the date on which a complidnt is received by her, commence a preliminary investigation of the complaint or appoint an investigator to conduct the investi gation.

(2) An investigator may (

a) request any person to answer any question and to produce to her any records, notes, photographs, x-raj-s, films, books, papers or other documents or things in the person's possession or under her control that are or may be relevant to the complaint or con duct being investigated, and (

b) with the consent of the person procuring them, copy and keep copies of any of the documents or things that are produced to her under clause (a).

(3) An investigator shall conduct the investigation in a manner con sidered by her to be most suitable in all the circumstances. •

(4) An investigator may investigate any other matter regarding the complaint or conduct of the investigated person that arises in the course of the investigation. 21

Notioe of decision Complainani'j appeal <npcn$ion ending iveiiigaiioiK ecision

(5) If a person other than the chainnan is the invesii.,, TaiS." ""^'"'^^""' ^""'"'-^ --S^"^;^* 63(1) The chainnan, on concluding an investigation or .r " mg the report of an investigator, shall foxthwith^fderVaf'"' ^)^ no ftirther action be taken, if the chairman is of the o, (

i) the complaint is frivolous or vexatious, or (ii) there is ipsufficient evidence of unskilled nm • professional misconduct, or »°«iiied practi (

b) the complaint or a description of the condurr v- - - the Professional Conduct Coinmittee. ^'"'"

(2) On making an order under subsection (

I) the chaJm^n cause to be served cnauman (

b) on the complainant a copy of her order under subsectio, g:n°,Si,?e"effie^:th^°; <'^' *' '^'^"""-^ ^on (

a) the complaint is fnvolous or vexatious. ht^rby"thelS.r«?"''f?." !? ^"^' "^ investigadon neanng by the Professional Conduct Committee undefihii f and Shan notify the complainant in writing of its decision. ^t fafn^Wo"^ Conduct Committee determines that a o &te o^e n^«~'""°^'- '• "^y °"^" «"= complainant to S^ra dete^iJS • "^."""•'Sation and the appeal under secuon, detenmned in accordance with the regulations. ^nd tS'SSon^^f'J'^'^^'"'^^ Act, the chainnan may = k^M., Lr? ° °'* registered nurse or the c lit of a per ^ndicf^t^^t^"^"''^''- " » "ecisio'S'oTS'VleSc S.d'rrt/:&Sl1e^.^'s^^-- r *' '^iV°^= "^^ i:.ating notice »i,h the C^utS^^S^ei!^ tcTIirseS " 22

on the Executive Director, apply for an order staging the dedsion of the chairman pending the investigation or the decision of the Profes sional Conduct Comnuttee. 6C(1) The investigated person may appear and be represented by counsel at any hearing before the Professional Cozduct Committee.

(2) The Professional Conduct Committee may be represented by counsel at any hearing before the Committee.

(3) Proceedings before the Professional Condua Committee shall be held in camera. ^» C7(

l) Subject to

section 61(2), the Professional Conduct O^mmittee *"•* shall, on referral to it of a complaint or conduct in accordance with this Act or the regulations, investigate the matter and hold a hearing.

(2) The hearing referred to in subsection (1) shall be commenced within 45 days of the date on which the matter is referred to the Professional Conduct Committee or within such other period as may be agreed to by the chairman and the investigated person.

(3) The Executive Director shall serve on the investigated person a notice of hearing stating the date, time and place that the Professional Conduct Committee v,ill hold a hearing and gi\ing reasonable par ticulars of the complaint or conduct in respect of which the hearing Villi be held. ;; "•-• 68 If any other matter concerning the conduct of the investigated person arises in the course of an investigation or hearing, the Profes sional Conduct Committee may investigate and hear the matter, but in that event the Professional Conduct Committee shall declare its intention to hear the fiirther matter and shall permit that person suiScient opportunity to prepare her answer to the fiirther matter. 69 E\idence may be given before the Professional Conduct Com mittee in any manner that the Committee considers appropriate, and the Commhtee is not bound by the rules of law respecting evidence £pplicable to judicial proceedings. 70(1) The investigated person and any other person who, in the opinion of the Professional Conduct Committee, has knowledge of ^c complaint or the conduct being investigated is a compellable witness in any proceeding imder this Part..

(2) A witness may be examined imder oath on aU matters relevant to the investigation or hearing before the Professional Conduct Com- niittee and shall not be excused from answering any question on the ground that the answer might tend to (

a) incriminate her, (

b) subject her to punishment under this Act, or (

c) eslabhsh her liability 23

(0 to a civil proceeding at the instance of the Crown or QI any other person, or (ii) to prosecutioii under any Act, but if the answer so given tends to incriminate her, subject her ip punishment or establish her liability, it shall not be used or received against her in any civil proceedings or in any proceedings under ia^ other Act Witnesses from outside Alberta 71 For the purpose of obtaining the testimony of a witness who ii out of Alberta, a judge of the Court of Queen's Bench, on an ex paiti application by the Association, may direct the issuing of a comraisl sion for the obtaining of the evidence of the witness, and the cornl Hussion shall be issued and the evidence taken pursuant to the Albert^ Rules of CburL Notice to attend arid prtxluce Proceeding for civil contempt 72(1) The attendance of witnesses before the Professional Condud Committee and the production of records, notes, photographs x-rays, films, books, papers or other documents or things may b« enforced by a notice issued by the Executive Director requiring the wimess to attend and stating the date, time and place at which tht witness is to attend and the records, notes, photographs, x-rays, films books, papers or other documents or things, if any, that person ii required to produce.

(2) On the written request of the investigated person or of her coun sel or agent, the Executive Director shall, without charge, issue ini deliver to that person or her counsel or agent any notices that tha' person requires for the attendance of witnesses or the production o; documents or things.

(3) A witness, other than the investigated person, who has been serve< with a notice to attend or a notice for the production ofdocument! or things under subsection (1) or (2) is entitled to be paid the sam« fees as are payable to a witness in an action in the Court of Queen'i Bench. 73(1) Proceedings for civil contempt of court may be brought agains: a witness (

a) who fails 0) to attend before the Professional Conduct Committee i compliance with a notice to attend, y Qi) to produce any records, notes, photographs, x-rays, fih"' books, papers or other documents or things in compliao^' with a notice to produce them, or (iii) in any way to comply with cither notice. or (

b) who refiises to be sworn or to answer any question that sD! is directed to answer by the Professional Conduct Committee- 24

I'ciir.it'.ee

(2) If the witness referred to in subsection (1) is a registered nurse or permit holder, her failure or refusal may be held to be professional misconduct ^^,.cJ 74 The Professional Conduct Committee, on proof of service in !^^"<' accordance v.ith the regulations on the investigated person of the '^"^ notice of hearing, may (

a) proceed with the hearing in the absence of the investigated person, and (

b) act and decide on the matter being heard in the same way as if the investigated person were in attendance. 3rpiior.of 75(1) The Professional Conduct Committee may find that the con- ftS"*' duct of an investigated person constitutes neither unskilled practice commmee nor professioual misconduct

(2) The Professional Conduct Committee may find that the conduct of an investigated person constitutes unskilled practice or profes sional misconduct or both and shall deal with the investigated person in accordance with this Part Pf^ncf 75 ""If the Professional Conduct Committee finds that the conduct of an investigated person constitutes unskilled practice or profes sional misconduct or both, the Committee may make any one or more of the following orders: (

a) reprimand the investigated person; (

b) suspend the registratioa or permit of the investigated person cither generally or from any aspect of exclusive nursing practice for a stated period; (

c) suspend the repstration or permit of the investigated person cither generally or from any field of practice until (

i) that person has completed a specified course of studies or obtained super\ised practical experience, or (ii) the Professional C^onduct Committee or any other com mittee established under this Act is satisfied as to the com petence of the investigated person generally or in a specified field of practice; (

d) accept in place of a suspension the investigated person's un dertaking to limit her practice; (

e) impose conditions on the investigated person's entitlement to engage in practice as a registered nurse or permit holder geneniUy or in any field of practice, including the conditions that that per son (

i) practise under supervision, (ii) not engage in sole practice, 25

(iii) penmt periodic inspections by a person authorized bv the R-ofessional Conduct Committee or any other commitw established under this Act, or (iv) report to the Professional Conduct Committee or Pr^c tice Review Committee on specific matters; (0 direct the investigated person to pass a particular course of study or satisfy the Professional Conduct (Committee or any other committee established imder this Act as to her competence gea- erally or in a field of practice; (

g) direct the investigated person to satisfy the Professional Con- duct Comnuttee or any other committee established under this Act that a disability or addiction can be or has been overcome, and suspend the person until the Professional Conduct Commit- tee or other committee is so satisfied; (

h) require the investigated person to take counselling that, in the opiiuon of the Professional Conduct Committee or any other -committee established under this Act, is appropriate; (

i) direct the investigated person to waive, reduce or repay a fee for services rendered by the investigated person that, in the cpm- ion of the Professional Conduct Committee, were not rendered or were improperly rendered; 0) cancel the reff[stration or the pennit of the investigated per son; (

k) make any fiuther or other order that it considers appropriate in the circumstances. ^Fine* and costs 77(1) The Profcssioual Conduct Committee may, in addition to dealing with the conduct of an investigated person in accordance with

section 76, order that the investigated person pay (

a) all or part of the costs of the investigation, hearing or appeal determined in accordance with the regulations, (

b) a fine not exceeding $5000 for each finding of unskilled prac tice or professional misconduct or (

c) both the costs and the fine, to the Association within the time set by the order.

(2) If the person ordered lo pay the fine, costs or both under subsec tion (1) fails to do so within the time ordered, the Professional Coo- duct Comnuttee may suspend the registration or permit of that per son untU the payment is made. ecovery of fine 78 A fiuc or costs Ordered to be paid to the Association linder this '"*"*

Part is a debt due to the Association and may be recovered by the Association by ci>il action for debt riiten decision 79 Thc Profcssioual Conduct Committee shall, within a reasonable tirne after the conclusion of a hearing before it make a written de cision on the matter, in which it shall 26

a (

a) describe each finding made by it, (

b) stale the reasons for each finding made by it and (

c) slate any order made by it 60(1) The Professional Conduct Committee shall forward to the Ex- '^'(''p ccutivc Director the decision and the record of the hearing, consisting of all the evidence received by it

(2) The Executive Director shall, on receiving the decision of the Professional Conduct Committee and the record of the hearing re ferred to in subsection (1), (

a) serve a copy of the decision on the investigated person, (

b) serve a notice of the nature of the decision on the complain ant if any, and (

c) fonfc'ard a copy of the decision to the Practice Review Com mittee.

(3) The investigated person and the Practice Review Committee may examine- the record or any part of the record of the proceedings before the Professional Conduct Committee and hear any recording or examine any mechanical or handwritten form of record of evi dence given before the Committee. ^•>|>:<M^ 61(1) The Professional Conduct Committee may order that its de cision remain in effect untU the Appeals Committee or a court of competent jurisdiction makes its decision on an appeal.

(2) An investigated person may, by filing an originating^otice with the CouTl of Queen's Bench and serving a copy on the Executive Director, apply for an order staying the decision of the Professional Conduct Committee pending the determination of the appeal. "^'^trf ^^ There is hereby established a committee of the Council known as the Appeals Committee composed of no fewer than 3 members of the Council designated by the Council, 1 or more of whom was appointed to the Council by the Minister under

section 10. ^^" 83(1) An investigated person or the Practice Review Committee may ^">tor appeal to the Appeals Committee a finding under

section 75 or an order under

section 76 or 77 of the Professional Conduct Committee.

(2) An appeal under subsection (1) shall be commenced by a written notice of appeal, which shall (

a) describe the finding or order appealed, and (

b) state the reasons for the appeal.

(3) A notice of appeal under this

section shall be served on the Ex ecutive Director within 30 days after the dale on which the decision of the Professional Conduct Ommittee is 27

(

a) served on the investigated person, if she is appealing the de- cision, or (

b) forwarded to the Practice Review Comniittee, if it is appeal ing the decision.

(4) The Executive Director, on receiving a notice of appeal under subsection (3), shall give to each member of the Appeals Committee a copy of tiie notice of appeal and make the record of the hearing available to each member of the Appeals Committee. lice ofhearini 84(1) The Exccutivc Dircctor shall serve the investigated person with a notice of hearing of the appeal stating the date, time and place when the Appeals Committee will hear the appeal.

(2) The Appeals Cotnmittee shall commence to hear an appeal within a reasonable period after the date of service on the Executive Direc tor of the notice of appeal. licipation 85(1) The Association and the investigated person may appear and ^'f**' be represented by counsel at the hearing of an appeal before the Appeals Committee. **

(2) A member of the Professional Conduct Committee may partici pate in an appeal before the Appeals Comnuttee.

(3) Proceedings before the Appeals Committee shall be held in cam era. t«is ^ 86(1) The appeal to the Appeals Committee shall be founded on the ii'e^o^appeai rccord of the proceedings before the Professional Conduct Commit tee and the decision of the Professional Conduct Committee.

(2) The Appeals Cjommittee on an appeal may . (

a) grant adjournments of the proceedings or reserve the deter mination of the matters before it for a future meeting of the Appeals Cbmmlnee; (

b) on granting special leave for that purpose, receive further evidence; (

c) draw inferences of fact and make a decision or finding that in its opinion, ought to have been made by the Professional Con duct Committee:

(3) Sections 69 to 74 apply to proceedings before the Appeals Com mittee.

(4) The Appeals Committee shall, wi hin a reasonable time from the date of the conclusion of all proceedings before it do all or any of the following: (

a) make any finding or order that in its opinion ought to have been made by the Professional Conduct Committee, (

b) quash, \-ary or confirm the finding or order of the Profes sional Conduct Committee or substitute or make a finding or order of its own, or ' 28

(

c) refer the matter back to the Professional Conduct Committee for further consideration in accordance with any direction that the Appeals Committee may make.

(5) The Appeals Committee may make an award as to the costs of an appeal determined in accordance with the regulations.

(6) The Appeals Committee may order that its decision remain in effect until the Court of Appeal makes its decision on an appeal

(7) An appellant may, by filing a notice with the Court of Appeal, and serving a copy on the Executive Director, apply for an order staying the decision of the Appeals Comnuttee pending the deter mination of her appeal to the Court of Appeal under

section 88. writiefl decision 87(1) The Appeals Committee shall, within a reasonable time after lhe conclusion of the proceedings before it make a written decision on the matter.

(2) The Executive Director shall (

a) serve a copy of the decision of the Appeals Committee on the investigated person, and (

b) forwr-ard a copy of the decision of the Appeals Committee to the Practice Review Committee forthwith after the decision is made. *3?ea? to coun 66(1) An investigated person or the Practice Review Committee may * '^'^' appeal to the Court of Appeal any decision made by the Appeals Committee.

(2) An appeal under this

section shall be cofhmenced (

a) by filing a notice of appeal >vith the Registrar of the Court of Edmonton or Calgary, and (

b) by serving a copy of the notice of appeal on the Executive Director, both within 30 days from the dale on which the decision of the Appeals Committee is served on the investigated persoiL 'Vipeal 89 The Association and the investigated person are the parties to an appeal under

section SS. ^ure for SO The appeal to the Court of Appeal shall be founded on I^atoihe '••^^ Of Appeal (

a) the record of the proceedings before the Appeals Committee, and (

b) a copy of the decision of the Appeals Committee. !r]J^Coun S1(

l) The Court of Appeal on hearing the appeal may (

a) make any finding or order that in its opinion ought to have been made, 29

(

b) quash, vary of confirm the decision of the Appeals Commit, teeor any partofit, (

c) refer the matter back to the Appeals Comm.Ittee for ftinher consideration in accordance with any direction of the Court or (

d) direct that a new trial of any mixed questions of law and fact relating to the decision of the Appeals Committee be held before the Court of Queen's Bench.

(2) The Court of Appeal may make any award as to the costs of an appeal to it that the Court considers appropriate. False rciistration 92(1) If the Appeals .Committee is satisfied, after a hearing on the matter, that a person (

a) whose registration is entered in the Register of Re^stered Nurses, or (

b) whose name is entered in a roster established under this Act, obtained registration or a permit by rr.ear.s of any false or fraudulent representation or declaration, ei±tr oral or written, the Appeals Committee shall order that the registration or permit te cancelled.

(2) The provisions of this Part respecting the powers and procedures of the Professional Conduct Committee apply with all necessary modifications to a hearing held by the Appeals Ck)mmitiee under subsection (1). Reirsvatement „ bllow:.-.s ^HL'sp^r.snnor ' :3nc:: ition 93(1) If the registration of a registered nurse or the permit of a per mit holder is cancelled or suspended, the certificate of registration and annual certificate or permit is deemed to be cancelled or sus pended, and that person shall surrender to tiie Registrar, when re quested to do so, tiie certificate of registration and annual certificate or permit as the case may be.

(2) If the registration of a registered nurse has been cancelled, the registration and annual certificate shall not be reinstated except by order of the Council or by a court of competent jurisdiction. .lemonndumof 94 The Registrar shall enter a memorandum or indication of the usp';r.iion suspcusion of a registered nurse in the Register of Registered Nurses or of a permit holder on the appropriate roster (

a) specifying the duration of the suspension, and (

b) sun marizing the reason for the suspension. /an;-:!a-.ion of 95 On cancellation of registration or a permit the name shall be c^;.?'"'"*" removed from the Register of Registered Nurses or the appropriate roster, as the case may be. Ci'-LTltion of 95 No employer or other person shall knowingly require a regis tered nurse or permit holder to perform a service or undertake ^^^ work that would result in the registered nurse or permit holder con- 30

>!\tf travening an order or direction of the Professional Conduct Com mittee, the Appeals Committee or a court of competent jurisdiction. ,.^iionb) 97(1) If the employment of a registered nurse or permit holder is terminated because of conduct that is, in the opinion of the former employer, or is alleged by the former employer to be unskilled prac tice or professional misconduct the former employer shall report the matter to the Executive Director and provide a copy of the report to the registered nurse or permit holder concerned.

(2) On receipt of a report under subsection (1), the Executive Direc tor may (

a) treat the report as a complaint under this Part, (

b) refer the report to the Practice Review Comnuttee, or (

c) take no action on the matter, and shall notify the former employer and the person in respect of whom the report is made accordin^y. r.f' 93 If the registration of a registered nurse crthe permit of a permit. '^•^' holder is suspended or cancelled or the Professional Conduct Com mittee, the Appeals Committee or a court of competent jurisdiction orders that her practice be limited, the person who is the subject of the cancellation, suspension or limitation shall notify her employer forthwith. PARTS GENERAL '^•^.'Ofls 99(1) The Council may make regulations • (

a) establishing and providing for the publication of a code of ethics respecting the maintenance of the dignity and honour of the profession and the protection of the public interest (

b) governing the eligibility of.and the examination of applicants for registration as registered nurses and permit holders; (

c) providing for the evaluation of the practice and experience required of applicants for registration as registered nurses; (

d) respecting a nurse registration examination; (

c) prescribing standards and rules of practice for registered nurses and pennit holders; (0 prescribing conditions to bc met before an annual certificate or annual permit may be granted; (

g) respecting the establishment of a continuing education pro gram for registered nurses and permit holders; (

h) governing the purposes for which special permits or tempo rary permits may be issued in addition to those prescribed in this Act; 31

(

i) respecting the limitations, conditions or restrictions on a spe cial permit or temporary permit; (

i) respecting the renewal of a special permit or temporary per mit (

k) establishing specialty registers and governing the registration and removal of persons from those registers; (

I) establishing specialties of nursing practice and prohibiting a registered nurse or permit holder from holding out that she is entitied to engage in a specialty of nursing practice as established in the regulations unless the re^stered nurse or permit holder is registered in the si>^alty register; (

m) prescribing terms and conditions of registration and main taining registration in a specialty regjstei; (

n) designating specialty names, initials or abbreviations that may beoised by a registered nurse registered in a specialty register; (

o) respecting the costs payable on the conclusion of an investi gation or hearing by the Professional Conduct Committee or the Appeals Committee; ^ (

p) requiring registered nurses or permit holders or a category of registered nurses or permit holders to carry professional liability insurance and governing the minimum coverage required to be carried; (

q) prescribing the number of members of the Council that con stitutes a quorum of the Council; (

r) respecting preliminary investigations and proceedings of the Professional Conduct Committee; (

s) respecting the powers, duties and responsibilities of the Prac tice Review Committee in addition to those determined by this Act (

t) governing the reinstatement of any person whose registration or pemut is removed, suspended or cancelled under this Act (

u) respecting the publication of information with respect to the removal from the register or a roster or the suspension, cancel lation or limitation of the practic e of a registered nurse or permit bolder, (

v) respecting registration or the entry of a name in a roster, the review of the practice of registered nurses and permit holders generally and disciplinary rr. alters; (

w) governing the method of approval of regulations made under this

section and of by42ws made under

section 100 end the per sons by whom they are lo be approved; (

x) respecting the service on any person of a document or notice required to be served under this Act; 32

(

y) delegating any power or duty of the Council under this Act to a person, board or committee designated by the Council.

(2) A regulation under subsection (1) does not come into force unless (

a) it is approved (

i) in accordance with a method and by the persons pre- scnbed by the regulations, or (ii) by a majority of those members voting in a mail vote conducted in accordance with the by-laws, and (

b) it is approved by the lieutenant Governor in CounciL j>4«»» 100(1) The Council may make by-laws (

a) for the government of the Association and the management and conduct of its affairs including the esuhlishment of geo graphic areas of the Province for the purposes described in the by-laws; (a.1) determining the location of the head office of the Associa tion and the form and use of the seal of the Association; (

b) respecting the calling and conduct of meetings of the Asso ciation and the Council and the quorum required for a meeting of the Association; (

c) respecting the nomination, election, number and term of of fice of C>3uncil members, officers of the Council, officers of the Association and any other elected positions viithin the Associa tion and who may vote at an election or in a referendum; (cl) providing for the election or appointment"of persons to fill vacancies on the Council or in any other elected position within the Association or any other office; (

d) governing the appointment of individuals as members, acting members or ex officio members of the Council, the Association and any board or committee established by or under this Act in addition to any appointments required to be made by this Act and prescribing their term of office, duties and functions; (

e) governing the composition, intcroal management and opera tion and the conduct of proceedings of any committee established by this Act or delegating to the comminee the authority to gov ern its internal management and operation, with or v^ithout con ditions; (c.

l) establishing categories of membership in the Assoriation in addition to registered nurses and prescribing the privileges and obligations of the categories of membership so established; (0 providing for the hiring of employees of the Assoriation, their duties and terms and conditions of emplojuicnl and the bonding of those employees; 33

(

g) authorizing the Executive Director or the Re^strar to dele gate any power or duty to another person, with or without con ditions; (li) authorizing the Registration Committee to delegate stny of its powers, duties or functions to the PvCgistrar, with or without con ditions; (h.

l) governing the establishment of boards and committees by the (Council or the Association, the appointment and revocation of members of the boards and committees, the appointment of acting members and procedures for fiUing vacancies on boards and committees, and governing their internal management and operation or delegating that authority to the board or committee, with or without conditions; (

i) delegating any power or duty of the Council under

section 9(2) or the by-laws to a j>erson, board or committee designated by the Council; (j)_goverrmig the review by the Practice Review Committee of the practice of a registered nurse or permit holder, whether a complaint is made or not; (

k) prescribing fees and expenses payable to members of the Council and of any boards or committees established by or under this Act for attending to the business of the Association; (1) respecting the establishment and payment of sums of money for seminars, courses or conferences or any educational incentive or benefit program that the Coimcil considers appropriate; (

m) governing the use and management of the funds and prop erty of the Association and the fiscal year of the Association; (

n) prescribing the date or dates on which annual certificates and annual permits expire; (

o) respecting the fees, dues and levies payable to the Association by registered nurses, permit holders and other members of the Association or by applicants under this Act or for any service administered or provided, but in no case shall the fees, dues and levies payable by a certified graduate nurse be greater than those payable by a registered nurse; (

p) respecting the form, content and.maintenance of rosters of permit holders and of records of other categories of membership to be kept by the Registrar, (

q) governing the form, content and operation of the Register of Registered Nurses and the establishment, form, content and op eration of a historical record of members and former members of the Association and prescribing who is entitled to inspect the record so established and other matters relating to the confiden- tiahty of that record; (

r) respecting the removal from the registers, rosters and records of a memorandum or entrv made in them under this Act; 34

(

s) authorizing the Council to prescribe the form of a certificate of registration, an annual certificate or permit and any other doc ument that may be required; (

i) respecting the holding of votes by mail on any matter relating to the Association or its members; (tl) governing the conduct of referendums on any matter relat ing to nursing, the Association or its members; (

u) providing grants in aid of or undertaking research in nursing; (

v) promoting nursing and making the members of the nursing • profession more knowledgeable with respect to new nursing skills, techniques and practice; (

w) respecting the establishment of libraries, information centres and similar facilities; (

x) respecting research and education in nursing; (

y) respecting the publication, distribution or production of books, nev.slelters, reports, pamphlets, films and other means of com munication; (

z) doing such other things as are necessary to promote the ad vancement and application of nursing knowledge.

(2) A by-law under subsection (

I) does not come into force unless it is approved (

a) in accordance with a method and by the persons prescribed by the regulations, or (

b) by a majority of those members voting fh a mail vote con ducted in accordance wth the by-laws.

(3) The Regulations Act does not apply to the by-laws of the Asso ciation. fe^ 101 The Council shall appoint a registered nurse as Executive Di rector of the Assoriation. jv,„„e^.^ 102 For the purpose of any investigation, hearing or review under this Act or the regulations (

a) a member of the Council or of any committee established by this Act, the regulations or the by-laws, and (

b) the Executive Director and the Registrar, arc conferred uith the power of a commissioner for oaths under die Commissioners for Oatlis Act. *^.? 103(1) Where not otherwise prohibited by

an Act if a registered ***••« h-Iui," nurse cr permit holder is of the opinion that another registered nurse or pennit holder has, in the course of her practice as a registered nurse or permit holder, performed or failed or neglected to perform 35

Registrar's certificate Ser.ice of docun ecii or ro;ice Protfrction from l-.abi'.ity any act or duty in such a way as to create a danger to health or to the safety of a person, she shall disclose to the Executive Director (

a) the name of the registered nurse or perm.it holder concemri and (

b) the conduct.

(2) On receipt of information under subsection (1), the Executi\t Director shall report the matter to the Practice Review Committee. 104 A certificate purporting to be signed by the Registrar and stal ing that a named individual was or was not, on a specified day or during a specified period (

a) a registered nurse or a permit holder, or (

b) an officer of the Association, a member of the Council or a member of a committee or board established by this Act, the regulations or the by-laws, ' shall be admitted in evidence as prima facie proof of the facts stated in it without proof of the Registrar's appointment or signature. 105 If this Act, the regulations or the by-laws require that a docu ment or notice be served on any person, the document or notice is deemed to have been suffirientiy served on that person if it is served personally on that person or in accordance with the regulations. 105(1) No action lies against (

a) any person conducting a preliminary investigation, a member of the Council or of a committee established by this Act, the Executive Director, the Registrar, the Association or any person acting on the instructions of any of them, or (b)any member, officer or employee of the Association, for anything done by that person in good faith and in purporting to act pursuant to this Act or the regulations.

(2) No action for defamation may be founded on a communication that consists of or pertains to a complaint notification or disclosure regarding the conduct of a registered nurse or permit holder if^^ communication is published to or by (

a) the Association, (

b) a member of the Council or of a committee established by this Act, (

c) a person conducting a preliminary investigation, (

d) the Executive Director, the Registrar or an officer or em ployee of the Association, or (

e) a person acting on the instructions of any of the persons re ferred to in clauses (

a) to (d). 36

in good faith under this Act in the course of conducting an invest!- ' gallon, heanng or review or in the course of any proceeding under this Act and 107(1) Ever>' person and every officer, employee or agent of a cor poration who contravenes a provision of this Act is guilty of an ofience and liable (

a) for a first offence, to a fine of not more than $2000, (

b) for a second offence, to a fine of not more than $4000, and (

c) for a third and every subsequent offence, to a fine of not more than S6000 or to imprisonment for a term of not more than 6 months or to both a fine and imprisonment

(2) A prosecution under this

section may be commenced within 2 years after the commission of the alleged offence, but not afterwards. iritn of proof 108 lu 3 prosecutlou undcr this Act the burden of proving that a person is a registered nurse or pennit holder is on the accused.

PART 9 ALBERTA REGISTERED NURSES EDUCATIONAL TRUST Oriinmoni 10D lu thls Part (a) "Board" means the Board of Directors of the Trust (b) "Trust" means the Alberta Registered Nurses Educational Trust established by this Part ^vrj 110(1) There is hereby established a corporation^lled the "Alberta \^i^'^^ Registered Nurses Educational Trust" composed of those persons E^'.aiionii Trust ^ho arc the members of the Trust fron time to time.

(2) A member of the Board is a member of the Trust J^ofihe 111 In addition to the powers it has under

section 16 of the Inter- pretalion Act, the Trust may (

a) solirit, receive and hold any gift or devise on such trusts or conditions as seem appropriate to the Board, and administer the gift or devise in accordance with those trusts or conditions; (

b) invest its funds in such investments as are considered appro priate by the Board; (

c) borrow money for the purposes of the Trust and mortgage or charge real or personal property of the Trust, or its sources of funds, as securit)^ (

d) guarantee the repayment of loans in accordance \\ilh the by laws of the Trust Ttttl Of Trv.« 112 The objects of the Trust are as follows: 37

(

a) to provide grants, bursaries, scholarships and fellowships ar to make loans to persons enrolled in educational institutions fi the purpose of obtaining a baccalaureate, master's or doctor degree in a subject matter in or related to nursing; (

b) to provide grants, bursaries and make loans to persons ei rolled in educational, administrative or clinical educational pn grams in or related to nursing; (

c) to do those things that the Board considers necessary to pn mote the advancement and application of the knowledge of nur ing. ludits 113(1) There is hereby established a governing body of the Tni *"' called the "Board of Directors'" composed of the number of persor prescribed by the by-laws of the Trust

(2) The Board shall manage and conduct the business and affairs« the Trust and exercise the powers of the Trust in the name of and o"'* behalf of the Trust •lorirjst 114(1) The Board may make by-laws (

a) establishing the head office of the Trust and governing lb internal operation and management of the Trust; (

b) prescribing a seal for the use of the Trust (

c) governing the number of persons on the Board and the caU gories of person that must be represented; „ (

d) providing for the appointment and terms and conditions ( employment of employees of the Trust or entering into an agret^.^j„ ment with the Council for the use of employees of the Assod<' tion; (

e) respecting the calling, quorum and conduct of meetings of tii Board and the members of the Trust; ihip s (0 governing the use and management of funds and of the ra and personal property of the Trust; (

g) governing the purposes for which loans, grants,'bursarie; scholarships, fellowships or guarantees of loans may be granted • "ion fo' (

h) prescnbmg apphcaticns for and conditions that may be alTon tached to loans, grants, bursaries, scholarships, fellowships o guarantees of loans; (

i) providing for the appointment of committees of the BoanCifj, and delegating any power or duty of the Board to a person o committee, subject to such terms and conditions as may be pre scribed; 0) respecting the honoraria and travelling and living expenses c directors or members of committees and employees of the Trust 33

(

k) govcmmg the appointment of patrons of the Trust and estab lishing categones of membership in tiie Trust and the fees, duties and pnMleges attached to each category and the manner in which membership may be terminated; (1) establishing and operating one or more Funds for the purpose of carrying out the objects of the Trust

(2) A by-law under subsection (1) does not come into force until it is approved by the CounciL (j; 1 ne regulations Act does not apply to the by-laws of the Trust „.jwdiK 115(1) The accounts of the Trust shall be audited annually by a •^ "='' >*" chartered accountant appointed for that puri>ose by the Board.

(2) The fiscal year of the Tmst is the calendar year unless the Board, by by-law, establishes another i)eriod as the fiscal year. »V jup 116(1) The Trust shall not be voluntarily wound up unless a special resolution to do so is passed by the members of the Trust

(2) In the event that the Trust is wound up, the liquidator shall transfer the remaining property of the Trust to the Association to be used for the same or similar objects for which the Trust would have used the property if it had not been wound up.

PART 10 TRANSmONAL AND CONSEQUENTIAL PROVISIONS •^Nt. 117 In this Part, "former Act" means the Registered Nurses Act, being

chapter R-12 of the Revised Statutes of Alberta 1980. »• ^^•"remben 118 An actlvc member of the Alberta Assodaiion of Registered Nurses under the former Act is deemed to be a registered nurse under this Act "^i^hip "^"^5(0 The members of the council elected under the former Act are '^-n deemed to be members of the Council under this Act elected for the same period and holding the same offices.

(2) If, at the time this Act comes into force, there are more members of the Council than the number prescribed under this Act or the by laws, those members remain in oSce until the expiry of their term. "*«>rtto *** "^20 An application for registration as a registered nurse made but not concluded before the coming into force of this Act shall be con tinued and concluded under this Act \^ *^'nj, ^21(1) Any complaint made or discipline proceedini;s that were commenced but not concluded before the coming into force of this Act shall be concluded under the former Act as though this Act had not come into force.

(2) Any complaint made after the coming into force of this Act when the complaint relates lo conduct occurring before or partly before 39

and partly after the coming into force of this Act shall be dealt ta'A* under this Act. All>erta Rejiiiered Nurses EUucational Truil 122(1) The first Board of Directors of the Alberta Registered Niixjj, Educational Trust shall be the Council, who shall hold office as ihc^ Board for not longer than 1 year following the coming into forced this Act or until a replacement Board is established in accordance with the by-laws of the Trust

(2) The Council by resolution may, on the coming into force of this Act, direct which real or personal property of the Association shaD become the property of the Trust Rules continued 123 Thc rcgulatious published by the Uruverslties Coordinaiiflg Council as Regulations Governing Nursing Education Programs Leading to Nursing Registration, as amended, are deemed to be nilej under

section 54 unless and until they are replaced by rules under that section. ^.j specia! rez-j'jtion 124 Notwithstanding

section 99(2)(a), a regulation made by the Council under

section 99(l)(

w) before December 31,1984 comes into force without the approval required under

section 99(2)(a). Amends RSA l9S0cA-:4 Amends RSA l9S0cE-9 Amends RSA 1980 cH-6 Amends RSA JSSOcH-ll 125 The Alberta Health Care Ir^urance Act is amended in

section 13(8) by striking out "or" at the end of clause (f). adding*"of' at the end of clause (

g) and adding the following after clause (g): (

h) the Appeals Comnuttee or the Professional Conduct Com mittee under the Nursing Profession Act. • 126 The Emergency Medical Aid Act is amended in

section 1(

c) hf striking out "Registered Nurses Act" and substituting "Nursing Profession Act" 127 The Health Unit Act b amended in

section 1(

e) by striking out "means a nurse" and substituting "means a registered nurse" 128 The Hospitals Act is amended in

section 40(6) by repedir4 clause (

d) arui substituting the following: (

d) the board of an approved hospital may divulge any rccorfJ of diagnostic and treatment services provided in respect of a P** tient to the Council of the College of Physicians and Surgeons oj an investigating committee under the Me'^ical Profession Act^ the Professional Conduct Committee or the Appeals ComituH* under the Nursing Profession Act. if (

i) an officer of the College or the Alberta Association of K«| istered Nurses, as the case may be, makes a written requ for it and the disclosure is consented to by the patient ©r legal representative, or (ii) the disclosure is made by a member of the board in co^ pliancc with a notice under

section 49 of the ^^/t'^'^'^' .vLd sion Act or

section 71 of the Nursing Profession Act to a" • as a witness or produce documents; 40

•15 ^;A 129 The Licensing of Trades and Businesses Act is amended in sec tion 2(

b) by striking out "Registered Nurses Act" and substituting "Nursing Profession Act" ISO The Lloydminstcr Hospital Act is amended in

section 10(3) by striking out "Registered Nurses Act" and substituting "Nursi/2g Profession Aa". .J, RSA 131 The Mental Health Act is amended in

section 37(6) by repealing Ml} clause (

m) and substituting the following: (

m) to the Council of the College of Physicians and Surgeons or an investigating committee under the Medical Profession Act or the Professional Conduct Committee or the Appeals Committee under the Nursing Profession Act. if (

i) an officer of the College or the Alberta Association of Reg istered Nurses, as the case may be, makes a \^Titien request for the diagnosis, record or information and the disclosure is consented to by the person to whom the diagnosis, record or information relates or his legal representative, or (ii) the disclosure is made in compliance Wirh a notice under

section 49 of the Medical Profession Act or seaion 71 of the " Nursing Profession Act to attend as a wimess or produce doc uments. r.'iRSA 132 The Nursing Service Act is amended in

section 1(

f) by striking '^•" out "means a nurse" and substituting "means a registered nurse" r^iRSA 133 The Provincial General Hospitals Act is amended in

section »iP-2i 7(l}(

e) by striking out "nurses" and substituting "registered nurses and permit holders under the Nursing Profession Act" ts RSA 134 The Public Health Act is amended in

section 23(2)(

a) by striking out "and nurses" end substituting ", registered nurses and perrnit holders under the Nursing Profession Act" ;(?•;; ;^^RSA 135 The Students Finance Act is amended in

section 9(I)(

d) bystrik- '^ ing out "scrtion 12 of the Registered Nurses Act" and substituting "the Nursing Profession Act" ^^ 135 The Registered Nurses Act is repealed. •^Aa ^i«o 137 This Act comes into force on Proclamation. 41 Title: 1983 (20th, 1st) Bill 59, Nursing Profession Act

Document details

Collection	Alberta — Bills
Citation	L20 S1 3679
Type	bill
Volume / chapter	L20 S1 3679
Language	en
Format	json
Source	PROVINCIAL
Identifier	61b06569626f17b363489b110512b064b5122656

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