First

Session, 50th General Assembly

Elizabeth II, 2021

BILL 26

AN ACT TO AMEND THE

LICENSED PRACTICAL NURSES ACT, 2005

Received

and Read the First Time ................................................................

Second

Reading ............................................................................................

Committee ..................................................................................

Amendment

Nov. 3, 2021

Third

Reading ...............................................................................................

Royal

Assent .................................................................................................

HONOURABLE JOHN

HAGGIE

Minister of Health

and Community Services

Ordered to be printed by

the Honourable House of Assembly

EXPLANATORY NOTES

This Bill would amend the Licensed Practical Nurses Act, 2005 to

delete the definition of

"practical nurse";

authorize the board of the

College of Licensed Practical Nurses of Newfoundland and Labrador to make

by-laws, instead of the college;

add the authority to make

by-laws respecting standards of practice, voting at meetings and general

matters of administration of the Act and regulations;

require that conduct deserving

of sanction be reported to the registrar;

add quality assurance

provisions to enhance public protection and accountability;

allow the complaints

authorization committee to refer an allegation to the quality assurance committee;

add regulation making authority

respecting quality assurance; and

clarify the provisions regarding protection from liability.

A BILL

AN ACT TO AMEND THE LICENSED PRACTICAL

NURSES ACT, 2005

Analysis

S.2 R&S

Definitions

S.6 Amdt .

Annual meeting and report

S.8 Amdt .

Functions of college

S.10 Amdt .

Registrar

S.11 R&S

By-laws

S.12 Amdt .

Licensing

S.13 Amdt .

Definitions

S.14.1 Added

Duty to report

S.17 Amdt .

Complaints authorization committee

10. S.29.1 to 29.5 Added

29.1 Quality assurance committee

29.2 Licensed practical nurse

shall comply

29.3 Conduct of review

29.4 Costs

29.5 Termination of review

S.30 Amdt .

Regulations

S.32 R&S

Protection from liability

13. S.33 R&S

Prohibition

Be it enacted by the Lieutenant-Governor and

House of Assembly in Legislative Session convened, as follows:

SNL2005 cL-12.1

as amended

Section 2 of the Licensed Practical Nurses Act, 2005 is repealed and the following

substituted:

Definitions

2. In this Act

(a) " board "

means the board referred to in

section 3;

(b) " college "

means the college continued under

section 3;

(c) " licensed

practical nurse" means a person licensed as a

licensed practical nurse under this Act;

(d) " minister "

means the minister appointed under the Executive Council Act to

administer this Act;

(e) " register "

means the register of licensed practical nurses kept by the registrar;

(f) "registered nurse" means a person

who is licensed under the Registered Nurses Act, 2008 to practise

the profession of nursing and is a registered member in good standing of the

College of Registered Nurses of Newfoundland and Labrador, and includes a nurse

practitioner; and

(g) " registrar "

means the Registrar of Licensed Practical Nurses.

2. Subsection 6(2) of the Act is repealed and the

following substituted:

(2) The board may in its

by-laws provide for voting at a meeting of the college or in an election of

members by mail or electronic means.

Section 8 of the Act is amended by adding immediately

after paragraph (

d) the following:

(d.1) to administer a quality assurance program;

(1) Paragraph 10(2 )(

a) of the Act is repealed and the following substituted:

(

a) issue licenses

to persons who meet the qualifications for a licence established by this Act

and other qualifications that may be prescribed by regulation;

(2) Paragraph 10(2 )(

b) of

the Act is repealed and the following substituted:

(

b) keep and maintain a register containing the names of licensed

practical nurses and other information that may be required by the college;

(3) Subsection 10(2) of the Act is amended by

deleting the word "and" at the end of paragraph (

f) and by adding

immediately after paragraph (

f) the following:

(f.1) perform the duties in respect of quality assurance

under sections 29.1 to 29.5; and

Section 11 of the Act is repealed and the

following substituted:

By-laws

(1) The board may make by-laws not inconsistent with this Act

(

a) respecting the holding and procedure of its meetings and the colleges

meetings;

(

b) respecting the appointment of committees of the college and the board

and the duties and responsibilities of those committees;

(

c) respecting the election of members of the board under paragraph 3 (3)(

a) and setting the

terms of office;

(

d) respecting the payment of travel and other expenses of elected members

of the board;

(

e) respecting the employment and remuneration of staff and consultants;

(

f) establishing a code of ethics including a definition of

"professional misconduct", "conduct unbecoming" and

"incapacity or unfitness to practise" for the purposes of sections 13

to 27;

(

g) establishing standards governing the practice of practical nursing,

including standards of professional competence and of capacity and fitness to

practise;

(

h) limiting the participation of members at a meeting of the board by

telephone or other telecommunications device under

section 5 ;

(

i) providing

for voting at meetings of the board;

(

j) providing for voting by licensed practical nurses by mail or electronic

means; and

(

k) generally , to assist in the administration of this Act and the

regulations.

(2) A by-law may be made, amended or repealed at a

meeting of the board provided that 30 days notice, in writing, of the making,

amendment or repeal of the by-law and of the meeting are given to members of

the board.

(3) The board shall have

its by-laws available for inspection by the public on reasonable notice and at

reasonable hours.

6. (1) Subsection 12(1) of the Act is repealed and

the following substituted:

Licensing

(1) A

person may apply to the registrar in the form set by the college to be a

licensed practical nurse where he or she

(

a) has completed a program of education for practical nurses, or

an equivalent program, approved by the college; and

(

b) meets the other requirements prescribed by regulation.

(2) Subsection 12(2) of the Act is repealed and

the following substituted:

(2) The registrar shall issue a licence to a

person who applies under subsection (1) and may renew a licence where the

applicant

(

a) pays the licensing fee set by the board;

(

b) proves that he or she has obtained professional liability

insurance coverage in a form and amount satisfactory to the college;

(

c) establishes that he or she is not suspended or restricted from working

as a practical nurse by a college or equivalent body governing practical

nursing in a jurisdiction outside the province;

(

d) pays outstanding fines, penalties or fees, which are owed to

the college; and

(

e) meets other requirements that may be set by the college in the

regulations.

7. Subparagraphs 13(c )( iii)

and (iv) of the Act are repealed and the following substituted:

(iii) conduct unbecoming a licensed practical nurse,

(iv) incapacity or unfitness to practise as a licensed practical nurse,

and

8. The Act is amended by adding immediately after

section 14 the following:

Duty to report

14.1

(1) A

licensed practical nurse who has knowledge, from direct observation or

objective evidence, of conduct deserving of sanction of another licensed

practical nurse shall report the known facts to the registrar.

(2) A

person or a corporation, partnership or association that terminates or imposes

restrictions on the employment of a licensed practical nurse based on direct

knowledge of the licensed practical nurse's conduct deserving of sanction shall

report the known facts to the registrar.

(3) An

action shall not be brought against a licensed practical nurse, person,

corporation, partnership or association or its directors or officers for the

sole reason that he or she or the corporation, partnership or association

complied with this section.

9. Subsection 17(1) of the Act is amended by

adding immediately after paragraph (

a) the following:

(a.1) refer the

allegation to the quality assurance committee;

10. The Act is amended by adding immediately after

section 29 the following:

Quality assurance

committee

29.1

(1) The board shall establish a quality assurance committee that

shall have responsibility for, and shall establish and operate, a program of

quality assurance for licensed practical nurses.

(2) The committee may

appoint the following persons to act as assessors or to assist the committee to

perform its duties and exercise its powers under this Act:

(

a) a person registered as a licensed practical nurse under this or

another Act, including

an Act of another province or

a territory of Canada; or

(

b) a person licensed as

a registered nurse or as a nurse practitioner under the Registered Nurses Act, 2008 or another

Act, including

an Act of another province or

a territory of Canada.

(3) The committee and a

person appointed under subsection (2) shall have the powers, privileges and

immunities that are conferred on a commissioner under the Public

Inquiries Act, 2006 .

(4) A person appointed

under subsection (2) has the powers of the committee under paragraphs 29.3(3 )( a), (

b) and (c).

Licensed

practical nurse shall comply

29.2 A licensed practical nurse shall comply with a request or a

directive of the committee, or a person appointed under subsection 29.1(2), in

connection with the conduct of a quality assurance review with respect to the

licensed practical nurse or his or her practice by the committee.

Conduct of review

29.3

(1) The quality assurance committee may itself initiate a

quality assurance review of a licensed practical nurse or his or her practice

or at the request of the registrar or the complaints authorization committee.

(2) Before initiating a

quality assurance review under subsection (1), the registrar may attempt to

resolve the matter.

(3) In connection with a quality assurance review,

the quality assurance committee may

(

a) require a licensed

practical nurse, or another person who has information pertaining to or

possession of records that relate to the licensed practical nurse's practice,

to provide information, including patient records, for inspection or review and

to permit them to be copied by the committee or a person appointed under

subsection 29.1(2) for the purpose;

(

b) order a licensed

practical nurse to undergo an examination, evaluation, assessment or review of

his or her professional practices or capacity or fitness to practise, to the

extent and under the circumstances required by the committee;

(

c) engage in periodic or random reviews or audits of a licensed

practical nurse's performance including the consequential review of patient

records; and

(

d) order a licensed practical nurse to

(

i) obtain counselling,

including substance abuse counselling, until the licensed practical nurse can

demonstrate to the committee, or another body or a person designated by the

committee, that a condition related to the counselling has been overcome,

(ii) obtain medical treatment and authorize a person participating in

the provision of that treatment to report on it to the committee,

(iii) complete a course of studies or an educational or training program,

(iv) restrict his or her licensed practical nursing practice,

(

v) obtain supervised clinical experience as directed by the

committee and to the satisfaction of the committee,

(vi) continue his or her licensed practical nursing practice under

conditions the committee may specify, or

(vii) report his or her compliance with an order of the committee and

authorize a person to report to the committee on whether he or she is complying

with an order.

(4) The quality assurance committee may accept the

terms of an agreement entered into by the registrar and a licensed practical

nurse as constituting compliance by the licensed practical nurse with a requirement

or order imposed by the committee on the licensed practical nurse under

subsection (3).

(5) Where a licensed

practical nurse fails to comply with

(

a) a requirement or an order under subsection (3); or

(

b) an agreement referred to in subsection (4) within the time period

required by the committee for compliance,

the committee shall refer the failure to comply to the registrar who

shall refer it to the complaints authorization committee as an allegation

within the meaning of paragraph 13(a).

(6) An action for damages does not lie against a

licensed practical nurse, or another person to whom a request is made, solely

because he or she provides information requested of him or her under paragraph

(3)(a).

(7) Where the quality

assurance committee or a person appointed under subsection 29.1(2) requires

that a licensed practical nurse or another person provide information under

paragraph (3)(a), that information shall be provided within 7 days of receipt

of the request or a different period as specified in the request.

(8) An assessor may

access patient records without the consent of that patient.

(9) All records and

specific information relating to the quality assurance program or a review or

order under it are confidential.

(10) Paragraph (3 )(

a) and subsections (6) and (7) apply to the Crown.

Costs

29.4 The

costs incurred by a licensed practical nurse in implementing an order under

subsection 29.3(3) shall be paid by that licensed practical nurse and shall not

be a cost of the quality assurance committee, the board or the college.

Termination of

review

29.5

(1) Where

the quality assurance committee believes, in the course of or as a result of a

review, that a licensed practical nurse may be guilty of conduct deserving of

sanction within the meaning of paragraph 13(c), the review, if still in

progress, shall be terminated, the licensed practical nurse shall be advised,

and the matter shall be referred to the registrar who shall refer it to the

complaints authorization committee to be dealt with as an allegation.

(2) Where the quality assurance committee refers a

matter under subsection (1), t he quality assurance

committee shall provide all information and documents in its possession

relating to the review to the complaints authorization committee.

(3) An order of the

quality assurance committee issued before it refers a matter to the complaints

authorization committee under subsection (1) remains in effect notwithstanding

the referral of the matter to the complaints authorization committee.

11. Subsection 30(1) of the Act is amended by

deleting the word "and" at the end of subparagraph (e )( vii) and by adding immediately after paragraph (

e) the

following:

(e.1) respecting the

quality assurance program referred to in

section 29.1; and

Section 32 of the Act is repealed and the

following substituted:

Protection from

liability

(1) An

action for damages for

an act, purported act or failure to act or a proceeding

initiated or carried out in good faith under this Act, or for carrying out

duties or obligations under this Act or any regulations or by-laws made under

it, does not lie against

(

a) the registrar;

(

b) a member of the

board;

(

c) an officer, employee

or agent of the college or the board;

(

d) a person or committee

designated by the college or the board;

(

e) the college as a

corporation;

(

f) the board as a

governing body of the college;

(

g) the complaints

authorization committee or a person appointed by the complaints authorization

committee;

(

h) the disciplinary

panel or an adjudication tribunal;

(

i) the

quality assurance committee or a person appointed under subsection 29.1(2); or

(

j) the individual

members of a body listed in this subsection.

(2) An action for

defamation shall not be founded in the publication of a communication that

consists of or pertains to an allegation or complaint where that communication

is published in the course of investigating the allegation or complaint or in

the course of a proceeding under sections 13 to 29 of this Act.

Section 33 of the Act is repealed and the

following substituted:

Prohibition

33. A

person, except a licensed practical nurse shall not

(

a) practise or hold himself or herself out as being entitled to

practise as a licensed practical nurse;

(

b) use the titles "practical nurse" or "licensed

practical nurse"; or

(

c) use a name, title or designation or act in a manner that

expressly or otherwise might lead to the belief that the person is a licensed

practical nurse.

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