Bill 30 — A Bill To Incor,Porate the Psychiatric Nurses Association of ~Jberta (Legislature 14, Session 5)

L14 S5 1767

Alberta — Bills

No. 30 5th Session, 14th Legislature, Alberta 11 Eliz'abeth II BILL 30 A Bill to Incor,porate the Psychiatric Nurses Association of ~Jberta HON. DR. Ross Printed by L. S. WALL, Printer to the Queen's Most Excel:lent Ma.jesty, Edmonton, Alberta, 1963

Explanatory Note I. This Bill will incorporate the Phychiatric Nurses Association of Alberta with power to license, regu}ate and discipline its mem bers. 2.

Definitions. 3. Incorporation. 4. Officers of association and procedure at first meeting.

BILL No. 30 of 1963

An Act to Incorporate the Psychiatric Nurses Association of Alberta (Assented to , 1963) HER MAJESTY, by and with the advice and oonsent of the Legislative Asse1mbly of the Province of Alberta, enacts as follows: , 1. This Act may be cited as "The Psychiatric Nurses Association Act". 2.

In this Act, (a) "association" means the Psychiatric Nurses As- socia tion of ALberta incorp.ora ted by this Act; (b) "council" means the council of the association; ( c) "Minister" means the Minister of Health; (d) "psychiatric nursing" means the nursing care of 'persons who are mentally defective, or the nursing care of persons Who are su.bject to or afflicted with mental disease and includes the treatment of such persons under the direction and supervision of a duly qualified medical practitioner; ( e) "registrar" means the registrar of the association apP.ointed under

section 8. In,corpo,ra,ti,on 3.

(1) There is hereby constituted a corporation under the style and title of the Psychiatric Nurses Association of Alberta.

(2) In addition to its other corporate powers the as socia tion may acquire, hold and dispose .of real property. 4.

(1) The of.ficers of the organization known to the Minister as the Alberta Psychiatric Nurses Association who held office at the commencement of this Act, (

a) shall act as the officers of the associati.on until the first council is elected, and (

b) shall, within three months of the commencement of this Act, call and conduct a meeting, which shall be the first meeting of the association, for the pur pose of electing first council and trans'acting any other business for the association.

2 s. Annual! general meeting. 8. Council of association. 7. Procedure upon vacancy of office. 8. Employees of the association. 9. By-laws.

(2) Due notice of the first meeting shall be given to all persons eligible for membership in the association under subsection (1) of

section 11.

(3) Fonns of application for memibershilp shall be dis tributed with the notice of the meeting.

(4) The eligible persons applying for membership and in attendance shall be deemed to be active members for the purpose of holding the first meeting of the association. 5. In every year after the first meeting of the associa tion, a general meeting of the association shall be held which shall be the annual meeting. Council G.

(1) The affairs of the association shall be managed by a council which shall consist of the immediate past p,resident of the association and twelve members in good standing of the association.

(2) The officers of the council shall be a president, one or more vice..,presidents as determined by by-law, a secre tary and a treasurer.

(3) The officers and other members of the council shall be elected 'by the members of the association at a meeting of the association called for that purpose or at the annual meeting or in such manner as the by-laws may provide.

(4) Seven members of the council constitute a quorum. 7. ( 1 ) Unless he sooner dies, resigns or is removed from office, each member of the council holds office for two years from the date of the meeting at which he was elected or until his successor is elected.

(2) A member of the council, if otherwise qualified, is eligible for re-election.

(3) Where a vacancy occurs on the council, the council may appoint a member .of the association to fill the vacancy for the remainder of the term of the person in whose place he is appointed. 8.

(1) The council may engage such full-time or part time employees as may be required to attend to the business of the association.

(2) The council shall appoint a registrar of the assDcia tion who may be, 'but need not be, a member of the council or the association. 9.

(1) Sufb1ect to this Act, the council may, with the approval of the Lieutenant Governor in Council, make by laws (

a) governing the management of the property and affairs of the association, (

b) providing for the maintenance of the association,

3 10. Membership. 11. Membership qualifications.

3 (

c) providing fDr the Drganization of district assDcia tiDns and for the delega tiDn to' them Df such pDwers and functiDns as the cDuncil cDnsiders prDper, (d) 'governing the discipline and conduct Df members, (

e) fixing registratiDn fees, annual membership fees and other fees, (/) gDverning (

i) the investigatiDn of cDmplaints under subsec tiDn (1) of

section 14, (ii) the expulsiDn Dr suspensiDn Df any member, and (iii) the reinstatement of any memher who has been expelled Dr suspended, (

g) setting out the duties Df the Dfficers and the times and places Df the meetings of the council and of the assD'cia tiDn, (

h) governing the cDnduct of meetings Df the cDuncil and of the assDciatiDn, (

i) governing the electiDn and remDval of members Df the council, (

j) providing fDr the suspension Df members in arrears Df dues and fDr the reinstatement of members Dn the payment Df arrears Df dues, and (

k) providing fDr such other matters or things as are necessary to carry Dn the affairs and business Df the assDciatiDn in accDrdance with the intent Df this Act.

(2) Subject to' the apprDval Df the Lieutenant GDvernDr in CDuncil the cDuncil may enter into an agreement with the University Df Alberta Dr Dther aCiceptable bDdies fDr the purpose of setting examinatiDns Dr qualifications for mem bership. 10. The council may by by-law establish Dne Dr mDre classes Df membership and may prescribe the cDnditiDns Df membership and the rights and privileges of each class. Membership 11.

(1) PersDns whO' were, at the cDmmencement Df this Act, members in gDDd standing Df the DrganizatiDn knDwn to' the Minister as the Alberta Psychiatric Nurses AssDcia tiDn shall be admitted to' membership upDn paym'ent Df the registratiDn fee and withDut any further cDnditiDns.

(2) Subject to' subsectiDn (3), every perSDn shall be ad mitted to' membership in the assDciatiDn whO' (

a) produces a certificate Df qualificatiDn issued by a SChDDI fDr the instructiDn Df perSDns in psychiatric nursing apprDved by the council, (

b) prDduces evidence satisfactDry to the cDuncil of his good character and reputatiDn,

4 12. Register of association members. 13. Proof of membership. 14. Expulsion or suspension from association.

4 (

c) has satisfied the registrar of the association that his name has not been removed for cause from the register of any psychiatric association or similar body in Canada or elsewhere, and (

d) pays the prescribed registration fees.

(3) Where the certificate of quaHfication referred to in clause (

a) of subsection (2) was not issued within one year of the date of application for membership, the applicant shall also prove to the satisfaction of the council (

a) that he has practised psychiatric nursing for at least one full year within the five years immediately pre ceding the date of his application for membership, or (

b) that he has in effect acquired suhstantially the same benefit, knowledge and experience as if his as sociation with the active practice of psychiatric nursing had not been so interrupted. 12.

(1) The registrar shall keep a register of the associa tion in which shall be entered the names of all persons who have been admitted to membership in the association and who are in good standing.

(2) The registrar shall send to each member documentary proof that his name is entered in the register and that he is a member of the association.

(3) Subject to this Act and the by ... laws, the first registra tion of a member remains in force until the end of the calendar year in which such registration is made, and a member in good standing is entitled to a renewal of registra tion for each succeeding calendar year upon making a pplica tion and paying the prescribed fee therefor. 13. The register or a copy thereof duly certified by the registrar is admissible in evidence as prima facie proof that the persons named therein are members in good standing and the aJbsence of the name of a person from the register is prima facie proof that such person is not a member of the association. Discipline 14.

(1) Subject to this section, the council in its discre tion may, by order, expel or suspend any member of the association for (

a) dishonesty, or (

b) incompetency, or (

c) a habit or illness rendering the member unfit to practise psychiatric nursing, or (

d) conduct that does not conform to the standards of the profes,sion of nursing or is unbecoming to a psychiatric nurse, or (

e) fraud or misrepresentation in obtaining member ship in the association,

5 IS. Appeal from expulsion or suspension to the Supreme Court. 16. Striking off register. 17. Prohibition against unqualified person to represent himself as a psy.chiatric nurse.

5 upon a complaint thereof, in writing, being filed with the registrar of the association and a copy of the comp'laint being forwarded to the ac,cused member.

(2) No member shall be expelled or suspended by order of the council unless (

a) the member is summoned to appear before the coun cil and given an opportunity to be heard in his 'Own defence, and (

b) the council hears under oath the evidence in sup port of the complaint, and if the accused member wishes to be heard, the evidence on behalf of the accused memiber.

(3) For the purpose of a hearing under this section, the presiding officer of the council, or the person ac,ting for him may administer oaths. ( 4) All evidence offered by the complainant and the ac cused member shall be taken down in shorthand by a competent stenographer. 15.

(1) Any memher who has been expelled or suspended from the associa tion may appeal from the order of the council to a judge of the Supreme Court of Alberta, at any time within fourteen days of the date of the order of ex pulsion or suspension, or within such further time as a judge of the Sup,reme Court may order.

(2) On the request of the appellant, a copy of the evidenc'e taken at the hearing before the council shall be filed with the clerk of the Court for the judidal district in which the appellant resides.

(3) The judge on the appeal may make such order or give such direction as to the expulsion or suspension and as to the costs of the appeal as to him seems just. 16.

(1) When a member is expelled by order of the council and the order has been confirmed on appeal under

section 15 or the time for appeal has expired the registrar shall strike the name of the expelled me,mber from the register.

(2) When a member is suspended by order of the council and the order has been confirmed on an appeal under

section 15 or the time for appeal has expired, the registrar shall enter upon the register the fact and the dates of the sus'pension.

(3) The council shall notify the Minister of the expulsion or suspension of any member of the association. Prohibitions 17.

(1) Only a member of the association has the right to use the designation "Psychiatric Nurs·e" or the abbreviation "Psych. N.".

(2) No person other than a member of the association shall take or use the designation "Psychiatric Nurse" or

6 18. Prohibition against practising as a psychiatric nurse. 19. Restrictions on practising as a psychiatric nurse. 20. Offences and penalties. 21. Commencement of Act.

6 the abbreviation "Psych. N." either alone or in combination with other words, letters or description, to imply that the person is registered under this Act as a member of the association. 18.

(1) No person other than a member of the association shall (

a) practise psychiatric nursing, or (

b) hold himself out to be qualified to practise psychiatric nursing, or (

c) hold himself out to be a psychiatric nurse.

(2) This Act does not affect or apply to. the nursing care of a mentally ill person (

a) by members of the family of the mental'ly ill person, or (

b) iby a perSDn employed primarily in a domestic ca pacity who does not hold himself out to be or accept employment as a person entitled to practise psychi- atric nursing, or . (

c) by a person enrolled in a school or course of train ing for the purpose of becDming a psychiatric nurse, Dr (

d) in a hospital by a person employed as an orderly .or an aide, or (

e) by a registered nurse. 19. A member of the association may practise psychiatric nursing (

a) under the supervision of a duly qualified medical practitioner, or (

b) in an employment approved by the council, and not otherwise. 20.

(1) A 'person who contravenes this Act is guilty of an offence and liable on

summary conviction to a fine of not more than one hundred dollars and in default of payment to imprisonment for a term not exceeding sixty days.

(2) A prosecution for an offence under this Act may be commenced within one year from the date of the commis sion of the offence, but not thereafter. 21. This Act comes into force on the day upon which it is assented to.

No. 30 FIFTH SESSION FOURTEENTH LEGISLATURE 11 ELIZABETH II 1963 BILL

An Act to Incorporate the Psychiatric Nurses Association of Alberta Received and read the First time ................... .. Second time ........... . Third Time HON. DR. Ross Title: 1963 (14th, 5th) Bill 30,

An Act to Incorporate the Psychiatric Nurses Association of Alberta

Document details

Collection	Alberta — Bills
Citation	L14 S5 1767
Type	bill
Volume / chapter	L14 S5 1767
Language	en
Format	json
Source	PROVINCIAL
Identifier	ceb292a4133857d74e98f01849ec5de2d77f1a92

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