This is an official version.

Copyright 2022: Queen’s Printer,

St. John's, Newfoundland and Labrador, Canada

Important Information

(Includes details about the availability of printed and electronic versions of the Statutes.)

Table of Regulations

Main Site

How current is this regulation?

NEWFOUNDLAND AND

LABRADOR

REGULATION 17/16

Midwives Regulations

under the

Health Professions Act

Amended by:

64/22

NEWFOUNDLAND AND

LABRADOR

REGULATION 17/16

Midwives Regulations

under the

Health Professions Act

(Filed April 28, 2016)

Under the authority of

section 53 of the Health Professions Act,

the Newfoundland

and Labrador Council of Health Professionals, with the approval of the Minister of Health and Community Services, makes the following regulations.

Dated at St. Johns

, April 27, 2016.

Colin Power

Chairperson of the Council

Dr. John Haggie

Minister of Health and Community Services

REGULATIONS

Analysis

Short title

Definitions

Member register

Requirements for registration

General status

General temporary status

6.1

Non-practicing status

Conditions or restrictions

Continuing education

Registration renewal

Renewal requirements

Failure to renew registration

Registration after expiry

Designated titles

Notification of changes

Practice of midwifery

Commencement

Short title

These regulations may be cited as the Midwives Regulations

17/16 s1

Back to Top

Definitions

In these regulations

(a)

"Act" means the Health Professions Act

(b)

"applicant" means a person who applies to the registration committee for registration as a midwife;

(c)

"college" means the College

of Midwives

of Newfoundland

and Labrador

established under the Act;

(d)

"continuing education" means a continuing education program developed by the college under paragraph 29(3)(

b) of the Act;

(e)

"general status" means the status of a member who is registered under

section 5;

(f)

"general temporary status" means the status of a member who is registered under

section 6;

(g)

"hours of midwifery practice" means hours involving direct care, education, research and administration as approved by the college;

(h)

"member" means a member of the college;

(i)

"midwife" means a person who practices midwifery;

(j)

"midwifery" means the application of knowledge, skills and judgment to assess, monitor and provide care to

(

i) healthy individuals in respect of health promotion, pregnancy, labour, delivery and the postpartum period, and

(ii)

healthy infants;

(k)

"midwifery registration exam" means an exam approved by the college to determine eligibility for registration;

(k.1)

"non-practicing status" means the status of a member who is registered under

section 6.1;

(l)

"primary midwife" means a midwife who assumes primary responsibility for providing midwifery care during the intrapartum period; and

(m)

"registration committee" means the committee established under subsection 19(1) of the Act.

17/16 s2 ; 64/22 s1

Back to Top

Member register

(1)The register of health professionals maintained by the registrar shall have the following categories for the purpose of registration of members:

(

a) general status;

(

b) general temporary status; and

(

c) non-practicing status.

(2) When a member's name has been added to the register, the registration committee shall issue a certificate of registration which shall be valid for the period of time set out in the certificate and which shall expire at the end of that period, unless renewed in accordance with these regulations.

(3) Upon each renewal of registration, the registration committee

shall issue a certificate of registration to the member.

17/16 s3 ; 64/22 s2

Back to Top

Requirements for registration

(1)An applicant shall comply with the following registration requirements:

(

a) submission of a completed application for registration in the form set by the registration committee;

(

b) payment of any required fees; and

(

c) provision of the following information as requested by the registration committee:

(

i) proof of identity by means of a valid photo identification card issued by the province or another government or other proof of identity acceptable to the registration committee,

(ii)

a current Certificate of Conduct acceptable to the registration committee from the Royal Newfoundland Constabulary, Royal Canadian Mounted Police or other appropriate policing agency,

(iii)

a current Vulnerable Sector Check acceptable to the registration committee from the Royal Newfoundland Constabulary, Royal Canadian Mounted Police or other appropriate policing agency,

(iv)

a current cardiopulmonary resuscitation certificate approved by the college and acceptable to the registration committee,

(

v) a current neonatal resuscitation certificate approved by the college and acceptable to the registration committee,

(vi)

a current midwifery or obstetrical emergency skills certificate approved by the college and acceptable to the registration committee,

(vii)

a written consent for release of information,

(viii)

a declaration stating that the applicant

(

A) has never been convicted of an offence under the Criminal Code

(Canada), the Controlled Drugs and Substances Act

(Canada) or a similar penal statute of another country, or

(

B) has been convicted of an offence under the Criminal Code

(Canada), the Controlled Drugs and Substances Act

(Canada) or a similar penal statute of another country and the details of the conviction,

(ix)

(

x) proof of professional liability insurance of a type and in an amount acceptable to the council, and

(xi)

other documentation the registration committee considers necessary.

(2) In addition to the requirements of subsection (1), where an applicant is currently or was previously licensed or registered to practice midwifery in another jurisdiction, the applicant shall provide a letter of good standing from the licensing or registration body of that jurisdiction which includes confirmation of whether or not the applicant is or has been the subject of investigative or disciplinary proceedings in the jurisdiction and the particulars of those investigative or disciplinary proceedings.

(3) Notwithstanding subsection (1), an applicant who is applying for registration as a member with a non-practicing status is not required to provide the documentation referred to in subparagraphs (1)(c)(iv) to (vi) and (x).

17/16 s4 ; 64/22 s3

Back to Top

General status

(1)An applicant is entitled to be registered with a general status where the applicant has

(

a) complied with the requirements of

section 4

(

b) provided proof of the successful completion of a midwifery program of study approved by the college; and

(

c) provided proof of successful completion of a midwifery registration exam.

(2) Notwithstanding that the applicant satisfies the requirements in subsection (1), where

(

a) the applicant has not completed any hours of midwifery practice; and

(b)

2 to 4 years have elapsed between the submission of the application for registration and either

(

i) the completion of a program of study referred to in paragraph (1)(b), or

(ii)

the completion of a midwifery registration exam,

the registration committee shall assess the applicant and may require completion of a refresher course or a re-entry program before registering the applicant under subsection (1).

(3) Notwithstanding that the applicant satisfies the requirements in subsection (1), where more than 4 years have elapsed between the submission of the application for registration and either the successful completion of a program of study referred to in paragraph (1)(

b) or the successful completion of a midwifery registration exam, or both, the applicant is entitled to be registered with a general status where the applicant has

(

a) within the 4 years immediately preceding the application, completed at least 1000 hours of midwifery practice including attendance at a minimum of 20 births as a primary midwife; or

(

b) within the 2 years immediately preceding the application, completed a midwifery refresher course or re-entry program that is approved by the college.

17/16 s5 ; 64/22 s4

Back to Top

General temporary status

(1)An applicant who has not successfully completed a midwifery registration exam is entitled to be registered with a general temporary status where the applicant has

(

a) complied with the requirements of

section 4

; and

(

b) in the 2 years immediately preceding the application, successfully completed a program of study referred to in paragraph 5

(1)(b).

(2) The registration of a member with a general temporary status is valid for the period of time set by the registration committee and is not subject to renewal or reapplication.

(3) A member registered with a general temporary status shall notify the registration committee of the date on which the member is scheduled to write a midwifery registration exam.

(4) When a member registered with a general temporary status successfully completes a midwifery registration exam and continues to comply with the requirements of

section 4

, the member shall be registered with

(

a) a general status; or

(

b) a non-practicing status, where the registration committee is satisfied that the member does not intend to maintain an active practice of midwifery in the province.

(5) When a member registered with a general temporary status does not successfully complete a midwifery registration exam within the period of time set by the registration committee under subsection (2), the members registration shall expire and may not be further extended.

(6) A member registered with a general temporary status shall not practice midwifery unless the member is supervised, in a manner acceptable to the council, by

(

a) a member registered with a general status whose registration is not subject to conditions or restrictions

; or

(

b) a medical practitioner registered under the Medical Act, 2011

, whose registration is not subject to conditions or restrictions.

17/16 s6 ; 64/22 s5

Back to Top

Non-practicing status

6.1

(1)An applicant is entitled to be registered as a member with a non-practicing status where

(

a) the applicant complies with the requirements of

section 5

; and

(

b) the registration committee is satisfied that the applicant does not intend to maintain an active practice of midwifery in the province.

(2) A member who is registered with a non-practicing status shall not engage in the practice of midwifery.

(3) A non-practicing registration shall expire on the date specified in the certificate of registration.

(4) A member who is registered with a non-practicing status may, while that registration is in effect, make application to the registration committee to have the status changed to that of a member with a general status and the member is entitled to be registered as a member with a general status where the following conditions are met:

(

a) the member pays any required fee;

(

b) the member continues to satisfy the requirements of

section 4;

(

c) the member provides the following:

(

i) a current cardiopulmonary resuscitation certificate approved by the college and acceptable to the registration committee,

(ii)

a current neonatal resuscitation certificate approved by the college and acceptable to the registration committee,

(iii)

a current midwifery or obstetrical emergency skills certificate approved by the college and acceptable to the registration committee, and

(iv)

proof of professional liability insurance of a type and in an amount acceptable to the council;

(

d) the member satisfies the requirements of subsection 5

(2) or (3), where applicable; and

(

e) the member satisfies the continuing education requirements of subsections 8

(1) and (3).

64/22 s6

Back to Top

Conditions or restrictions

(1)The registration committee may attach those conditions or restrictions to a registration that the registration committee considers appropriate, including

(

a) placing limits on the activities the member may perform; and

(

b) setting requirements for supervision of the member which may specify the form or duration of the supervision.

(2) A member shall comply with all conditions and restrictions that are attached to the members registration by the registration committee.

17/16 s7 ; 64/22 s7

Back to Top

Continuing education

(1)A member shall participate in continuing education as directed by the council.

(2) Where a member who is registered with a general status does not comply with subsection (1), the registration committee may require the member to

(

a) complete a program of continuing education within a specified period of time; or

(

b) undergo a period of supervised practice.

(3) Where a member who is registered with a non-practicing status does not comply with subsection (1), the registration committee may require the member to complete a program of continuing education within a specified period of time.

17/16 s8 ; 64/22 s8

Back to Top

Registration renewal

(1)The registration committee shall advise each member who is registered with a general status or a non-practicing status of the expiry date of the member's

registration and the renewal date applicable to that registration at the time of the initial registration and upon each renewal of that registration.

(2) An application to renew a member's registration shall be made before the expiry date of the member's registration and as directed by the registration committee.

17/16 s9 ; 64/22 s9

Back to Top

Renewal requirements

(1)A member who is registered with a general status is entitled, on application to the registration committee, to have the registration renewed under

section 9 where the member

(

a) provides a written consent for release of information as requested by the registration committee;

(

b) pays the required fees;

(

c) provides proof of completion of at least 1000 hours of midwifery practice within the preceding 4 year period, including attendance at a minimum of 20 births as a primary midwife;

(

d) provides proof of professional liability insurance of a type and in an amount acceptable to the council;

(

e) provides proof of a current cardiopulmonary resuscitation certificate approved by the college and acceptable to the registration committee;

(

f) provides proof of a current neonatal resuscitation certificate approved by the college and acceptable to the registration committee;

(

g) provides proof of a current midwifery or obstetrical emergency skills certificate approved by the college and acceptable to the registration committee;

(

h) provides proof of participation in or completion of continuing education programs and professional development requirements as directed by the council;

(

i) provides proof of participation in peer case review and other quality assurance activities approved by the college and directed by the council;

(

j) provides proof of satisfying continuity of care requirements approved by the college and acceptable to the registration committee;

(

k) provides a declaration stating that, within the past year, the member

(

i) has not been convicted of an offence under the Criminal Code

(Canada), the Controlled Drugs and Substances Act

(Canada) or a similar penal statute of another country, or

(ii)

has been convicted of an offence under the Criminal Code

(Canada), the Controlled Drugs and Substances Act

(Canada) or a similar penal statute of another country and the details of the conviction; and

(

l) provides other documentation the registration committee considers necessary.

(2) A member who is registered with a non-practicing status is entitled, on application to the registration committee, to have the registration renewed under

section 9 where the member satisfies the renewal requirements in paragraphs (1)(a), (b), (h), (

k) and (l).

(3) Paragraph (1)(

c) only applies to a renewal under subsection (1) where more than 4 years have elapsed since the member successfully completed

(

a) a program of study referred to in paragraph 5(1)(b);

(

b) a midwifery registration exam; or

(

c) a refresher course or re-entry program approved by the college,

whichever is later.

(4) (5) In addition to the requirements in subsections (1) and (2), where the member was, within the 12 months immediately preceding the application for renewal of registration,

licensed or registered to practice midwifery in another jurisdiction, the member shall provide a letter of good standing from the licensing or registration body of that jurisdiction which includes confirmation of whether or not the member is or has been the subject of investigative or disciplinary proceedings in the jurisdiction and the particulars of those investigative or disciplinary proceedings.

(6) In addition to the requirements in subsection (2), where a member who is registered with a non-practicing status applies, at the time of renewal, to change the status to a general status, the member shall satisfy the requirements of subsection 6.1(4).

17/16 s10 ; 64/22 s10

Back to Top

Failure to renew registration

Where a member registered with a general status or a non-practicing status fails to renew the registration on or before the expiry date, the member's registration shall expire and the member's name shall be removed from the register.

17/16 s11 ; 64/22 s11

Back to Top

Registration after expiry

A member whose registration has expired and whose name has been removed from the register under

section 11

shall, for the purpose of a subsequent registration, meet the requirements imposed on a new applicant and comply with the applicable requirements of these regulations and with any conditions or restrictions attached to the registration by the registration committee under

section 7.

17/16 s12 ; 64/22 s12

Back to Top

Designated titles

(1)Only a member who is registered with a general status shall be entitled to

use the title "Registered Midwife", "Midwife" or an associated derivation or abbreviatio n.

(2) Only a member who is a registered with a general temporary status shall be entitled to

use the title "Registered Midwife-Temporary", "Midwife-Temporary" or an associated derivation or abbreviation.

(3) Notwithstanding subsection (1), a member who is registered with a non-practicing status shall be entitled to use the title "Registered Midwife", "Midwife" or an associated derivation or abbreviation and shall indicate in the title that the member is non-practicing.

17/16 s13 ; 64/22 s13

Back to Top

Notification of changes

A member shall notify the council immediately of a change in

(

a) mailing address; or

(

b) employer.

17/16 s14 ; 64/22 s14

Back to Top

Practice of midwifery

A midwife may, in accordance with the midwifery scope of practice, guidelines and policies approved by the college,

(

a) prescribe and administer medications;

(

b) prescribe and administer narcotics and sedatives that are controlled drugs within the meaning of the Controlled Drugs and Substances Act

( Canada

) as determined by the federal Department of Health;

(

c) order, administer and interpret screening and diagnostic tests;

(

d) perform minor surgical and invasive procedures, including procedures that may be required in an emergency situation; and

(

e) consult with or make a referral to a medical practitioner or other health professionals.

17/16 s15

Back to Top

Commencement

These regulations come into force on the day the Health Professions Act

comes into force with respect to the designated health profession of midwives. (In force - Sept. 30/16)

17/16 s16

Queen's Printer