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BILL NO. 50





Government Bill




4th Session, 56th General Assembly
Nova Scotia




45 Elizabeth II, 1996

An Act Respecting the

Registered Nurses' Association of Nova Scotia





CHAPTER 30
ACTS OF 1996




The Honourable J. Bernard Boudreau, Q.C.
Minister of Health




AS ASSENTED TO BY THE LIEUTENANT GOVERNOR
DECEMBER 20, 1996




Halifax
Printed by Queen s Printer for Nova Scotia







An Act Respecting the

Registered Nurses' Association of Nova Scotia





Be it enacted by the Governor and Assembly as follows:

1 This Act may be cited as the Registered Nurses Act.

2 In this Act,

(a) "Association" means the Registered Nurses' Association of Nova Scotia;

(b) "Board" means the Board of Directors of the Association;

(c) "by-law" means a by-law of the Association;

(d) "client" means the recipient of nursing services;

(e) "Executive Director" means the Executive Director of the Association appointed pursuant to this Act;

(f) "licence to practise nursing" means a licence issued pursuant to this Act which authorizes a member to practise nursing;

(g) "local region" means any one of the geographical regions or divisions established from time to time pursuant to the by-laws;

(h) "member" means a person whose name is entered in the Register, and, for the purpose of Part III, includes the holder of a temporary permit;

(i) "nursing education program" means a program approved by the Board that is a prerequisite for a person to have completed prior to the taking by that person of examinations as may be prescribed from time to time by the Board to qualify as a registered nurse;

(j) "permit" means a temporary permit issued pursuant to this Act;

(k) "practice of nursing" means the performance of professional services requiring substantial specialized knowledge of nursing theory and the biological, physical, behavioural, psychological and sociological sciences as the basis for

(i) assessment, planning, intervention and evaluation in

(A) the promotion and maintenance of health,

(B) the facilitation of the management of illness, injury or infirmity,

(C) the restoration of optimum function, or

(D) palliative care,

or

(ii) research, education, management or administration incidental to the objectives referred to in subclause (i);

(l) "profession" means the profession of nursing;

(m) "Register" means the Register established pursuant to this Act;

(n) "registered nurse" means a health-care practitioner whose name appears on the Register and on the active-practising roster;

(o) "regulations" means regulations made by the Board pursuant to this Act;

(p) "roster" means any one of the rosters established pursuant to this Act or the regulations.

PART I

ASSOCIATION

3 The Registered Nurses' Association of Nova Scotia, as constituted immediately before the coming into force of this Act, is hereby continued as a body corporate and, subject to this Act, has the capacity, rights, powers and privileges of a natural person.

4 The objects of the Association are to

(a) regulate the practice of nursing through registration, licensing and professional-conduct process in Part III and by establishing and promoting standards of professional practice, competency and a code of ethics;

(b) subject to clause (a), advance and promote the practice of nursing;

(c) encourage members to participate in affairs promoting the practice of nursing in the best interests of the public; and

(d) do such other lawful acts and things as are incidental to the attainment of the objects referred to in clauses (a) to (c).

5 (1) The Association shall be governed by a Board of Directors composed of such number of persons as determined by by-law.

(2) Notwithstanding subsection (1), non-member representation, all of whom shall be appointed by the Governor in Council, on the Board shall be not less than thirty-three and not more than forty-nine per cent of the total number of Board members.

(3) Members of the Board, other than those appointed by the Governor in Council pursuant to subsection (2), shall be elected at an annual meeting of the Association in the manner prescribed by by-law.

(4) A majority of the Board constitutes a quorum.

(5) Notwithstanding subsection (3), persons appointed by the Governor in Council hold office until their successors are appointed or until such time as they are re-appointed, notwithstanding that such appointment or re-appointment does not occur until after their specified term of office has expired.

(6) The persons on the Board of the Association immediately before the coming into force of this Act and the officers of the Association in office immediately before the coming into force of this Act continue in office until their successors are elected or appointed pursuant to this Act.

6 (1) The Board shall appoint an Executive Director of the Association and shall determine the term of office and the duties of the Executive Director.

(2) The Executive Director may delegate any functions assigned to the Executive Director by this Act, the regulations or the by-laws.

7 The Board may make by-laws not inconsistent with this Act to

(a) fix the method of setting the amounts of fees and provide for the collection thereof;

(b) fix and regulate the time, place and conduct of annual and special general meetings of the Association;

(c) provide for the organization of regional or other divisions of the Association;

(d) prescribe fees and expenses payable to persons sitting on the Board and any other committees established for the purpose of attending to the business of the Association;

(e) govern the acquisition, management and disposal of the property and affairs of the Association, including the borrowing of money for the purposes of the Association, give security for any money so borrowed on any of the real, personal or mixed property of the Association by way of mortgage, pledge, charge or otherwise and acquire, hold and dispose of real and personal property or any part thereof;

(f) facilitate and promote the practice of nursing;

(g) establish and maintain a code of ethics for the members;

(h) provide for the appointment and remuneration of employees of the Association;

(i) establish the composition, number, time and manner of the election or appointment of the Board;

(j) prescribe the terms of office of the persons sitting on the Board and the manner in which vacancies on the Board may be filled;

(k) establish committees as are necessary from time to time;

(l) establish and regulate examinations from time to time and other matters that are a prerequisite to qualifying an individual as a registered nurse;

(m) do all other things necessary for the administration of the affairs of the Association.

8 (1) Subject to the approval of the Governor in Council, the Board may make regulations to

(a) regulate the registration, licensing, discipline and re-instatement of members;

(b) prescribe the conditions for which temporary permits may be issued;

(c) create one or more categories of membership and prescribe the rights, privileges, qualifications and obligations of the members of each category and prescribe the conditions for the entry and maintenance of members' names on the rosters of the Association;

(d) develop, establish and maintain standards for nursing education;

(e) develop, establish and maintain standards for the practice of nursing;

(f) prescribe procedures related to the professional-conduct process in Part III, including the powers of the professional conduct committees and the complaints committees and the ability to award costs;

(g) provide for the audit of members and practice environments;

(h) prescribe the powers and obligations of the Board;

(i) govern such other matters as the Board considers necessary or advisable for the effective discharge of its functions or the exercise of its powers.

(2) The exercise by the Board of the authority contained in subsection (1) is regulations within the meaning of the Regulations Act.

PART II

LICENSING

9 (1) The Board shall appoint a Registration Committee, the membership of which may be determined from time to time by the Board.

(2) The Board shall appoint the chair of the Registration Committee.

(3) A majority of the Registration Committee constitutes a quorum.

10 The Board shall cause to be kept a Register and shall, upon payment of the prescribed fee, cause to be entered in the Register the name of every person who qualifies for registration according to this Act and the regulations.

11 The Board shall cause to be kept a separate roster for each category of members as provided by the regulations and, following entry to the Register, shall enter in the appropriate roster the names of the persons recorded in the Register.

12 The Executive Director shall issue a licence to practise nursing to a person who meets the criteria for active-practising membership as set out in the regulations.

13 (1) Where a person fails to meet the requirements or conditions for a licence to practise nursing, or is registered or licensed to practise nursing in another jurisdiction and it is otherwise impractical to issue a licence to practise nursing, the Executive Director, upon payment of the prescribed fee, may approve, with or without limitations, or refuse an application for a temporary permit and shall notify the applicant accordingly.

(2) A temporary permit issued pursuant to subsection (1) shall

(a) be issued for a specified period of time, not to exceed twelve months in total; and

(b) set out any restriction on the practice of nursing in which the permit holder may engage.

(3) The Association shall maintain a Record of Temporary Permits.

14 The Executive Director shall give to an applicant who is refused registration or the entry of the applicant's name in a particular roster written reasons for the refusal and the applicant may, by written notice, appeal that decision to the Registration Committee.

15 The Registration Committee, upon receipt of an appeal pursuant to Section 14, shall

(a) set a date for the hearing of the appeal, which shall be not later than sixty days following receipt of the written notice of appeal;

(b) serve written notice of the date, time and place for the hearing of the appeal upon the applicant and the Executive Director; and

(c) advise the applicant of the right to be represented by counsel at the expense of the applicant.

16 (1) The Registration Committee, in accordance with the information it receives, when hearing an appeal, may make any determination that, in its opinion, ought to have been made by the Executive Director.

(2) The Registration Committee shall give its decision in writing and shall send to the applicant a copy of the written decision by registered mail or personal service.

17 The Association shall, during regular business hours, permit any person to inspect the Register, the rosters and the Record of Temporary Permits.

18 No person shall take or use the designation "Registered Nurse", "R.N.", "RN", or "Reg. N." in the Province, either alone or in combination with other words, letters or description to imply that the person is entitled to practise as a registered nurse, unless the name of the person is entered in the Register and in the roster of active-practising members and that person is the holder of a licence to practise nursing.

19 (1) No person shall engage in the practice of nursing in the Province unless

(a) that person's name is entered in the Register and in the roster of active-practising members and that person is the holder of a current licence;

(b) that person is the holder of a temporary permit;

(c) that person is a student nurse enrolled in a school of nursing that offers a nursing education program approved by the Board and is required to engage in the practice of nursing in a course of the nursing education program; or

(d) that person is permitted to engage in the practice of nursing as provided in this Act or the regulations, or as otherwise provided by law.

(2) Nothing in this Act prohibits the practice of nursing in the Province or the recovery of fees or compensation for professional services rendered as a registered nurse by a person registered in another country, state, territory or province and whose engagement requires that person to accompany and temporarily care for a client during the period of the engagement, if that person does not represent or hold himself or herself out as a person registered pursuant to this Act. 20 Subject to subsection 19(2), no person shall bring an action in any court to collect fees, compensation or other remuneration for services performed as a registered nurse, unless that person is the holder of a licence to practise nursing, is registered in the Register and is on the roster of active-practising members or unless that person was the holder of a temporary permit at the time the services were performed.

21 A statement certified under the hand of the President or the Executive Director of the Association respecting the membership and entry in the appropriate roster of a person's name is admissible in evidence as prima facie proof of that person s category of membership.

22 Where the right of a member to practise as a registered nurse has been limited by the imposition of conditions pursuant to this Act or the regulations, particulars of all conditions imposed on that person shall be noted in the appropriate roster and on the member's licence during any time when such conditions apply.

23 (1) The Executive Director shall cause the removal of the name of a member from the appropriate roster

(a) at the request of that member, upon surrendering any licence held by that member;

(b) where the name has been incorrectly entered;

(c) where notification is received of the member's death;

(d) for non-payment of fees or other assessments levied under this Act or the regulations;

(e) where the member has been suspended, for the term of the suspension; or

(f) where the registration of the member has been revoked.

(2) The Board may cause the name of a person removed from the appropriate roster to be restored upon

(a) payment of the prescribed fee; and

(b) compliance by the person with this Act and the regulations.

24 Every person, other than a client, who employs a person in the practice of nursing and every agency or registry that procures employment for a person in the practice of nursing shall

(a) ensure that the person, at the time of employment and each year employed thereafter, holds a current licence or temporary permit under this Act; and

(b) where the person's employment is terminated because of professional misconduct, conduct unbecoming the profession, incompetence or incapacity, report the matter to the Executive Director forthwith and provide a copy of the report to the person whose employment is terminated.

25 Every person who

(a) knowingly furnishes false information in any application under this Act or in any statement required to be furnished under this Act or the regulations;

(b) engages in the practice of nursing in the Province without complying with Section 19; or

(c) otherwise contravenes this Act or the regulations,

is guilty of an offence and liable on summary conviction to a fine of not more than two thousand dollars or to imprisonment for a term of not more than six months, or to both.

PART III

PROFESSIONAL CONDUCT

26 In this Part,

(a) "complaint" means a notification in writing to the Association from any person, including the Association, indicating potential professional misconduct, conduct unbecoming the profession, incompetence or incapacity by a member;

(b) "incapacity" means the status whereby a respondent is suffering from a physical, mental or emotional condition, disorder or addiction that renders the respondent unable to practise nursing with reasonable skill or judgement or that may endanger the health or safety of clients;

(c) "incompetence" means the display of lack of knowledge, skill or judgement in the respondent's care of a client or delivery of nursing services that, having regard to all the circumstances, renders the respondent unsafe to practise nursing or unsafe to continue in the practice of nursing without remedial assistance;

(d) "investigator" means a person designated by the Executive Director to conduct an investigation into a complaint;

(e) "party" means the Association or the respondent, as the context requires;

(f) "professional-conduct process" means the processes and procedures set out in this Part;

(g) "professional misconduct" includes such conduct or acts relevant to the practice of nursing that, having regard to all the circumstances, would reasonably be regarded as disgraceful, dishonourable or unprofessional which, without limiting the generality of the foregoing, may include

(i) failing to maintain the Registered Nurses' Association of Nova Scotia Standards for Nursing Practice,

(ii) failing to uphold the code of ethics adopted by the Association,

(iii) abusing a person verbally, physically, emotionally or sexually,

(iv) misappropriating personal property, drugs or other property belonging to a client or a member's employer,

(v) inappropriately influencing a client to change a will,

(vi) wrongfully abandoning a client,

(vii) failing to exercise discretion in respect of the disclosure of confidential information,

(viii) falsifying records,

(ix) inappropriately using professional nursing status for personal gain,

(x) promoting for personal gain any drug, device, treatment, procedure, product or service which is unnecessary, ineffective or unsafe,

(xi) publishing, or causing to be published, any advertisement that is false, fraudulent, deceptive or misleading,

(xii) engaging or assisting in fraud, misrepresentation, deception or concealment of a material fact when applying for or securing registration or a licence to practise nursing or taking any examination provided for in this Act, including using fraudulently procured credentials;

(h) "respondent" means the person who is the subject of a complaint;

(i) "settlement proposal" means a proposal for the settlement of a complaint as prescribed in the regulations.

27 The Board shall appoint one or more complaints committees, which shall include non-member representation of not less than thirty-three per cent and not more than forty-nine per cent of the total composition of each complaints committee.

28 (1) Upon receipt of a complaint, the investigator shall conduct an investigation in accordance with the regulations.

(2) Upon concluding the investigation, the investigator shall prepare a written report of the investigation and forward it to a complaints committee. 29 (1) Upon receipt of the results of an investigation from an investigator, a complaints committee shall dispose of the matter in accordance with the regulations.

(2) The complaints committee shall give its decision in writing and shall send a copy of the written decision, by registered mail or personal service, to the respondent, the complainant and such other persons as the complaints committee determines.

(3) In a proceeding before the complaints committee, the member has the right to

(a) be represented by legal counsel, a union representative or another representative;

(b) disclosure of the complaint, any written reports of the investigator provided to the complaints committee and any other document produced or received by the complaints committee; and

(c) a reasonable opportunity to present a response and make submissions.

30 A complaints committee, acting in good faith and in the public interest, may, at its discretion, direct the Executive Director to suspend a member from the practice of nursing pending or following the completion of the investigation until the suspension is lifted, superseded or annulled by the complaints committee or a professional conduct committee, as the case may be.

31 The Board shall establish one or more professional conduct committees, which shall include non-member representation of not less than thirty-three per cent and not more than forty-nine per cent of the total composition of each professional conduct committee.

32 (1) Where a complaints committee refers a matter to a professional conduct committee, the professional conduct committee shall, within thirty days from the date of the referral, fix a date, time and place for holding the hearing, which shall commence not later than ninety days from the date of the referral by the complaints committee, or such later date as the respondent and the professional conduct committee may agree.

(2) A notice of hearing, containing such information as required by the regulations, shall be forwarded to the respondent and the complainant at least thirty days prior to the hearing.

33 Where a complaints committee refers a matter to a professional conduct committee, the complaints committee, prior to the commencement of a hearing by the professional conduct committee, may enter into a settlement proposal with the respondent, which proposal shall be dealt with in accordance with the regulations.

34 Each person on a professional conduct committee has all the rights, powers and privileges of a commissioner appointed pursuant to the Public Inquiries Act.

35 (1) A hearing held by a professional conduct committee shall be conducted in accordance with the regulations.

(2) In a proceeding before the professional conduct committee, the parties have the right to

(a) be represented by legal counsel, a union representative or another representative;

(b) the opportunity to present evidence and make submissions, including the right to cross-examine witnesses; and

(c) receive written reasons for a decision within a reasonable time.

(3) Evidence is not admissible before a professional conduct committee unless the opposing party has been given, at least ten days before the hearing,

(a) in the case of written or documentary evidence, an opportunity to examine the evidence;

(b) in the case of evidence of an expert, a copy of the expert's written report or if there is no written report, a written summary of the evidence; or

(c) in the case of evidence of a witness, the identity of the witness.

(4) Notwithstanding subsection (3), a professional conduct committee may, in its discretion, allow the introduction of evidence that would be otherwise inadmissible under subsection (3) and may make directions it considers necessary to ensure that a party is not prejudiced.

(5) The Association shall make a reasonable effort to disclose the evidence upon which it intends to rely in sufficient time for the respondent to prepare for the hearing and failure to so disclose the evidence entitles the respondent to an adjournment in order to so prepare.

36 Where a professional conduct committee finds professional misconduct, conduct unbecoming the profession, incompetence or incapacity, the professional conduct committee shall dispose of the matter or matters in accordance with the regulations.

37 Any member whose registration has been revoked by a professional conduct committee may apply to the Board, in writing, at any time following two years from the date of the revocation for re-instatement and the burden of proof is on the respondent to prove to the satisfaction of the Board that the objects of the professional-conduct process will be served by terminating the order of revocation.

38 Where the period of suspension of a member has expired, or the conditions imposed on the member have been satisfied, the Executive Director shall restore the licence to practise nursing to the member in the form in which it existed prior to the imposition of a professional conduct committee's restrictions, if the member otherwise meets the criteria for the issuing of a licence, but where the licence has expired, the member shall pay the prescribed fee for renewal of the licence prior to its re-issue.

39 (1) Where the registration of a member is revoked, or a licence to practise nursing is suspended, restricted or reinstated by a professional conduct committee,

(a) the Executive Director shall make the appropriate entries in the rosters and on the licence;

(b) the member's name, address, registration number, provision of this Act or regulations under which the disciplinary finding has been made, the date of the decision and the decision or summary of the decision shall be published in an official publication of the Association or such other publication as may be determined by the professional conduct committee;

(c) the Executive Director shall notify registering bodies in other Canadian nursing jurisdictions, as well as the original jurisdiction and other known jurisdictions where the member has worked, if a suspension, revocation or re-instatement is ordered;

(d) the Executive Director shall notify the current employer of the member if deemed necessary by the professional conduct committee; and

(e) the professional conduct committee, in its discretion, may inform or direct the Executive Director to inform other persons of the respondent's name, registration number and the reasons for the disciplinary finding.

(2) Where a reprimand has been issued and the time for filing of an appeal has expired or the appeal has been disposed of, the professional conduct committee, in its discretion, may inform, or direct the Executive Director to inform, other persons of the respondent's name, registration number and the reasons for the reprimand.

40 For the purpose of the execution of their duties under this Act, the Association and a professional conduct committee may retain such legal or other assistance as the Association or the professional conduct committee may think necessary or proper, and the costs of such legal or other assistance may be included, in whole or in part, in an award of costs by the professional conduct committee.

41 Where a proceeding is commenced before a professional conduct committee and the term of office of any person sitting on the professional conduct committee has expired, such person may remain part of the professional conduct committee until the proceeding is concluded.

42 (1) The Board shall appoint not less than three and not more than five persons sitting on the Board to serve as an appeal committee to hear an appeal pursuant to Section 43, at least one of whom shall be a non-member of the Association.

(2) The Executive Director shall furnish each person on the appeal committee with a copy of the record of proceedings in accordance with Section 45.

(3) The Executive Director shall serve on the parties or their counsel a notice informing the parties

(a) of the time and place at which the appeal will be considered by an appeal committee; and

(b) that the parties may appear before the appeal committee in person or by counsel.

43 A party to a proceeding before a professional conduct committee may appeal the decision of the professional conduct committee to an appeal committee by filing a written notice of appeal at the office of the Association, either in person or by registered mail, not later than thirty days from the date of service of the decision.

44 A notice of appeal shall set forth the grounds of the appeal and state the relief sought.

45 The transcript of evidence and the exhibits presented to a professional conduct committee and the decision of the professional conduct committee shall constitute the record of proceedings before an appeal committee.

46 Where a professional conduct committee revokes a registration or suspends or restricts a member's practice, the decision takes effect immediately unless otherwise determined by the appeal committee, notwithstanding that an appeal is taken from the decision.

47 Any person sitting on the Board who was part of the professional conduct committee or the complaints committee that considered a matter under appeal shall not be part of the appeal committee considering the matter.

48 Any person sitting on the Board who has a conflict of interest that would prevent a proper determination of the matter shall be excused from participating in the appeal.

49 (1) Where a matter is appealed to an appeal committee, the appeal committee may grant a stay of an order made by a professional conduct committee where, in its discretion, it deems it fit.

(2) An appeal committee when hearing an appeal, may (a) give special leave so that further evidence may be introduced;

(b) grant adjournments of the proceedings;

(c) make any determination that, in its opinion, ought to have been made by the professional conduct committee whose decision is the subject of the appeal.

50 An appeal committee shall, by majority vote, within thirty days from the date of the conclusion of all proceedings before it on an appeal,

(a) make any finding that, in its opinion, ought to have been made by the professional conduct committee;

(b) vary the order of the professional conduct committee;

(c) quash or confirm the order of the professional conduct committee; or

(d) refer the matter back to the professional conduct committee for further consideration and decision.

51 An appeal committee may make any award as to the costs of an appeal that it considers appropriate.

52 (1) A party may appeal on any point of law from the findings of an appeal committee to the Nova Scotia Court of Appeal.

(2) The notice of appeal shall be served upon the other party.

(3) The record on appeal from the findings of the appeal committee consists of a copy of the transcript of the proceedings, the decision of the committee and the evidence before the appeal committee certified by the chair of the appeal committee.

(4) The Civil Procedure Rules, governing appeals from the Supreme Court of Nova Scotia to the Nova Scotia Court of Appeal, that are not inconsistent with this Act, apply mutatis mutandis to appeals to the Nova Scotia Court of Appeal pursuant to this Section.

(5) Where a matter is appealed to the Nova Scotia Court of Appeal pursuant to this Section, the Nova Scotia Court of Appeal may, pending a decision by the Nova Scotia Court of Appeal, grant a stay of any order made pursuant to this Act where, in its discretion, it deems it fit.

PART IV

EDUCATION ADVISORY COMMITTEE

53 (1) The Board shall appoint an Education Advisory Committee composed of such number of members as determined by the Board. (2) Notwithstanding subsection (1), non-member representation on the Education Advisory Committee shall be not less than thirty-three per cent and not more than forty-nine per cent of the total number of Committee members.

(3) The term of office of members of the Education Advisory Committee shall be determined by the Board.

54 (1) The Education Advisory Committee shall advise and make such recommendations to the Board as will enable the Board to

(a) establish standards for nursing-education programs;

(b) approve nursing education programs that meet the standards as approved by the Board;

(c) deny or withdraw approval of nursing-education programs that do not meet the standards as approved by the Board;

(d) approve, conditionally approve or deny approval of new nursing education programs or changes in existing nursing-education programs in accordance with the standards as approved by the Board; and

(e) conduct, at least every five years, a survey of the schools of nursing in the Province to determine which schools meet the standards as approved by the Board.

(2) The Board shall appoint one of the members of the Education Advisory Committee as chair of the Committee.

(3) A majority of the members of the Education Advisory Committee constitutes a quorum of the Committee.

55 (1) The Board shall establish a Program Approval Appeal Committee to hear appeals from a decision by the Education Advisory Committee to deny or withdraw program approval.

(2) A written notice of appeal shall be filed at the office of the Association, either in person or by registered mail, not later than thirty days from the date of service of the decision of the Education Advisory Committee.

(3) The Board shall establish the composition of the Program Approval Appeal Committee and the manner in which the appeal shall be heard.

56 Where the Education Advisory Committee denies or withdraws approval, the decision takes effect immediately, notwithstanding that an appeal is taken from the decision.

57 All nursing-education programs approved by the Association immediately before the coming into force of this Act are deemed to be approved by the Board pursuant to this Act until the approval is withdrawn. PART V

MISCELLANEOUS

58 The Association, the Board and all committees of the Board are not liable for any loss or damage suffered by any person as a result of anything done by it or them in good faith in the administration of this Act, the by-laws or the regulations.

59 No member of the Association is personally liable for any of the debts or liabilities of the Association unless such member expressly agrees to be liable.

60 (1) In this Section, "former Act" means Chapter 391 of the Revised Statutes, 1989, the Registered Nurses' Association Act.

(2) A complaint made pursuant to the former Act shall continue to be proceeded with in accordance with this Act as nearly as circumstances permit.

(3) A Discipline Committee appointed pursuant to the former Act is deemed to be a professional conduct committee appointed pursuant to this Act.

(4) Upon the coming into force of this Act, any matter pending before a Discipline Committee appointed pursuant to the former Act, if not set down for a hearing to commence within sixty days of the coming into force of this Act, shall be transferred to a professional conduct committee appointed pursuant to this Act for hearing and determination, but otherwise shall be heard and determined by a Discipline Committee appointed pursuant to the former Act.

(5) Notwithstanding subsection (4), the parties may agree that a matter pending may be transferred to a professional conduct committee appointed pursuant to this Act.

(6) A Discipline Committee appointed pursuant to the former Act shall be continued until all matters pending before it at the coming into force of this Act and not transferred to a professional conduct committee appointed pursuant to this Act have been finally decided.

61 Nothing in this Act applies to or affects

(a) the practice by a person of medicine, dentistry, pharmacy or optometry or any other health discipline recognized by statute;

(b) any person, other than a registered nurse on the active-practising roster, registered under the Licensed Practical Nurses Act;

(c) any person, other than a registered nurse on the active-practising roster, working in a facility, institution or place that is subject to or providing a service pursuant to the Children and Family Services Act, the Day Care Act, the Homemakers' Services Act, the Homes for Special Care Act or the Social Assistance Act;

(d) a person, other than a registered nurse on the active-practising roster, caring for someone in a private residence; or

(e) the right of employees to engage in a lawful strike.

62 Chapter 391 of the Revised Statutes, 1989, the Registered Nurses' Association Act, is repealed.

63 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.