BILL NO. 18
(as introduced)
2nd Session, 58th General Assembly
Nova Scotia
50 Elizabeth II, 2001
Registered Nurses Act
The Honourable Jamie A. Muir
Minister of Health
First Reading: April 4, 2001
Second Reading: May 18, 2001
Third Reading: May 29, 2001 (WITH COMMITTEE AMENDMENTS)
An Act Respecting the
Practice of Registered Nurses
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) "by-law" means a by-law of the College;
(b) "class" means a category of licensing established pursuant to this Act or the regulations;
(c) "client" means the recipient of nursing services and, where the context requires, includes a substitute decision-maker for the recipient of nursing services;
(d) "collaborative-practice agreement" means a written agreement by the members of a collaborative-practice team, which, subject to the decisions of the Diagnostic and Therapeutics Committee and the Diagnostic and Therapeutics Appeal Committee, may include the following acts authorized for the practice of nurse practitioners:
(ii) the drugs and interventions that may be chosen, recommended, prescribed and monitored by nurse practitioners,
(iii) the procedures that are authorized to be performed by nurse practitioners, and
(iv) the consultation process with physicians required for the above;
(e) "collaborative-practice team" means a physician or physicians and a nurse practitioner or nurse practitioners who, through a collaborative-practice agreement, collaborate as providers of health services to individuals, families and communities;
(f) "College" means the College of Registered Nurses of Nova Scotia;
(g) "complaint" means a notice in writing to the College from any person, including the College, indicating possible professional misconduct, conduct unbecoming the profession, incompetence or incapacity of a registrant;
(h) "Complaints Committee" means the Complaints Committee established by this Act;
(i) "Council" means the Council of the College;
(j) "Education Advisory Committee" means the Education Advisory Committee appointed pursuant to this Act;
(k) "electronic means" means the use of telephone, television, video conferencing, cable, internet or any form of electronic or computerized communication;
(l) "Executive Director" means the Executive Director and Registrar of the College appointed pursuant to this Act;
(m) "former Act" means Chapter 30 of the Acts of 1996, the Registered Nurses Act;
(n) "incapacity" means the status whereby a respondent, at the time of the subject-matter of a complaint, suffered from a physical, mental or emotional condition, disorder or addiction that rendered the respondent unable to practise nursing with reasonable skill or judgement or that may have endangered the health or safety of clients;
(o) "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, rendered the respondent unsafe to practise nursing at the time of such care of the client or delivery of nursing services or that renders the respondent unsafe to continue in the practice of nursing without remedial assistance;
(p) "investigator" means a person designated by the Executive Director to conduct an investigation into a complaint;
(q) "judge" means a judge of the Supreme Court of Nova Scotia;
(r) "licence to practise nursing" means a licence issued pursuant to subsection 13(1);
(s) "nursing-education program" means a program approved by the Council that is a prerequisite for a person to have completed before the taking by that person of examinations as may be prescribed from time to time by the Council to qualify as a registered nurse;
(t) "nurse practitioner" means a registered nurse whose name appears in the specialty nurse-practitioner class or the primary health-care nurse-practitioner class pursuant to the regulations;
(u) "nurse practitioner's licence" means a licence endorsed pursuant to subsection 13(2);
(v) "nurse-practitioner program" means a university program approved by the Council that prepares registered nurses to engage in the practice of a specialty nurse practitioner or a primary health-care nurse practitioner and includes specialty nurse practitioner programs and primary health care nurse practitioner programs;
(w) "party" means the College or a respondent, as the context requires;
(x) "physician" means a medical practitioner licensed by the College of Physicians and Surgeons of Nova Scotia pursuant to the Medical Act;
(y) "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
(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),
and includes the practice of a nurse practitioner;
(z) "practice of a nurse practitioner" means the practice in which a nurse practitioner may, subject to a collaborative-practice agreement and in accordance with standards of practice of nurse practitioners,
(ii) communicate the diagnosis to the client,
(iii) order and interpret screening and diagnostic tests approved through the process set out in the regulations,
(iv) select, recommend, prescribe and monitor the effectiveness of drugs and interventions approved through the process set out in the regulations, and
(v) perform such procedures approved through the process set out in the regulations;
(aa) "primary health care" means an individuals or family's initial and continuing contact with the health-care system;
(ab) "primary health-care services" include health promotion and disease prevention, acute episodic care, continuing care of chronic conditions and the education and advocacy relevant to the foregoing;
(ac) "primary health-care nurse practitioner" means a nurse practitioner who is providing primary health-care services as a member of a collaborative-practice team, and who is licensed in the primary health-care nurse-practitioner class pursuant to the regulations;
(ad) "primary health-care nurse-practitioner program" means a university program approved by the Council that prepares registered nurses to engage in the practice of a primary health-care nurse practitioner;
(ae) "profession" means the profession of nursing;
(af) "Professional Conduct Committee" means the Professional Conduct Committee appointed pursuant to this Act;
(ag) "professional misconduct" includes such conduct or acts relevant to the practice of nursing that, having regard to all the circumstances, would reasonable be regarded as disgraceful, dishonourable or unprofessional which, without limiting the generality of the foregoing, may include
(ii) failing to uphold the code of ethics adopted by the College,
(iii) abusing a person verbally, physically, emotionally or sexually,
(iv) misappropriating personal property, drugs or other property belonging to a client or a registrant'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 that 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;
(ah) "professional-conduct process" means the processes described in Part III and in the regulations;
(ai) "Register" means the Register established pursuant to this Act;
(aj) "registered nurse" means a health-care practitioner whose name appears on the Register and who is licensed in the active-practising class;
(ak) "registrant" means a person whose name is entered in the Register and, for the purpose of Part III and the regulations, includes a person who holds a temporary licence or a temporary licence (nurse practitioner) at the time of an incident giving rise to a complaint;
(al) "Registration Appeal Committee" means the Registration Appeal Committee appointed pursuant to this Act;
(am) "Reinstatement Committee" means the Reinstatement Committee appointed pursuant to this Act;
(an) "respondent" means the person who is the subject of a complaint;
(ao) "settlement proposal" means a proposal for the settlement of a complaint as prescribed in the regulations;
(ap) "specialty nurse practitioner" means a nurse practitioner who is providing specialized health care services, as a member of a collaborative-practice team, to a designated client population group requiring focused health and illness care, and who is licensed in the specialty nurse-practitioner class pursuant to the regulations;
(aq) "specialty nurse-practitioner program" means a university program approved by the Council that prepares registered nurses to engage in the practice of a specialty nurse practitioner;
(ar) "temporary licence" means a temporary licence issued pursuant to subsection 14(1);
(as) "temporary licence (nurse practitioner)" means a temporary licence issued pursuant to subsection 14(4).
PART I
COLLEGE
3 (1) The Registered Nurses' Association of Nova Scotia constituted by the former Act is hereby continued as a body corporate to be called the College of Registered Nurses of Nova Scotia and, subject to this Act, has the capacity, rights, powers and privileges of a natural person.
(2) The College has perpetual succession and a common seal, with power to acquire, hold, lease, mortgage and otherwise dispose of real and personal property, and may sue and be sued.
4 In order that the public interest may be served and protected, the objects of the College are to
(a) regulate the practice of nursing through
(ii) the establishment and promotion of a code of ethics and standards of professional practice and competence;
(b) subject to clause (a), advance and promote the practice of nursing;
(c) encourage registrants 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 College shall be governed by a Council composed of such number of persons as determined by the by-laws.
(2) Notwithstanding subsection (1), non-registrant representation on the Council, all of whom shall be appointed by the Governor in Council, shall be not less than thirty-three and not more than forty-nine per cent of the total number of persons on the Council.
(3) Persons on the Council, other than those appointed by the Governor in Council pursuant to subsection (2), shall be elected or appointed or succeed to office in the manner prescribed by the by-laws.
(4) Notwithstanding subsection (2), a majority of the Council 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) Persons on the Board of the Registered Nurses' Association of Nova Scotia who are 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 Council shall appoint a Registrar who shall be known as the Executive Director of the College and the Council 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 Council may make by-laws not inconsistent with this Act
(a) respecting fees payable by applicants and registrants and providing for the collection thereof and, where the College deems advisable, designating different classes of applicants and registrants and prescribing different fees for different classes;
(b) fixing and regulating the time, place and conduct of annual and special general meetings of the College;
(c) providing for the organization of regional or other divisions of the College;
(d) respecting fees and expenses payable to persons sitting on the Council and any other committees established for the purpose of attending to the business of the College;
(e) governing the acquisition, management and disposal of the property and affairs of the College, including but not limited to the borrowing of money for the purposes of the College, giving security for any money so borrowed on any of the real, personal or mixed property of the College by way of mortgage, pledge, charge or otherwise and acquire, holding and disposing of real and personal property or any part thereof;
(f) providing for the appointment and remuneration of employees of the College;
(g) establishing the composition, number, time and manner of the election or appointment of the Council;
(h) respecting the terms of office of the persons sitting on the Council and the manner in which vacancies on the Council may be filled;
(i) respecting the composition, powers and duties of such committees as may be appointed by the Council, and providing for the holding and conduct of meetings of such committees;
(j) establishing and regulating examinations from time to time and other matters that are a prerequisite to qualifying an individual as a registered nurse;
(k) respecting the seal of the College;
(l) providing for the execution of documents by the College;
(m) respecting forms and providing for their use;
(n) providing procedures not inconsistent with this Act for the making, amending and revoking of regulations;
(o) respecting information to be included in the Register;
(p) respecting all other things necessary for the administration of the affairs of the College.
8 (1) Subject to the approval of the Governor in Council, the Council may make regulations
(a) regulating the registration, licensing, discipline and reinstatement of registrants as registered nurses and nurse practitioners;
(b) respecting the conditions for which temporary licences and temporary licences (nurse practitioner) may be issued;
(c) creating one or more classes of licensing and prescribing the rights, privileges, qualifications and obligations of the registrants of each class and prescribing the conditions for the entry and maintenance of registrants' names in each class;
(d) respecting the revocation or suspension of licences issued pursuant to this Act and the reinstatement of such licences and allowing for conditions, limitations or restrictions to be attached to a reinstated licence and allowing for an award of costs on a solicitor-client or other basis;
(e) providing that the licence of a registrant be suspended without notice or investigation upon contravention of any regulation that requires the registrant, to pay a fee to file a document or do any other act by a specified or ascertainable date and providing for the reinstatement of a licence so suspended upon payment of such fee as determined by the Council;
(f) respecting the exemption of a registrant from the requirements of subsection 28(1);
(g) prescribing the period from which a registrant can be absent from the Province pursuant to subsection 28(1);
(h) developing, establishing and maintaining standards for nursing education for registered nurses and nurse practitioners;
(i) developing, establishing and maintaining standards of practice for registered nurses and nurse practitioners;
(j) respecting procedures related to the professional-conduct process in Part III, including the powers of the Professional Conduct Committee and the Complaints Committee and the ability to award costs on a solicitor-client or other basis;
(k) providing for the audits of registrants and practice environments;
(l) respecting the process by which procedures, screening and diagnostic tests, and selected drugs and interventions authorized for the practice of specialty nurse practitioners and primary health-care nurse practitioners are specified;
(m) respecting the functions, duties and powers of the Diagnostic and Therapeutics Committee and the Diagnostic and Therapeutics Appeal Committee;
(n) respecting the procedures related to an appeal held by the Diagnostic and Therapeutics Appeal Committee;
(o) respecting the type of professional liability insurance or other form of malpractice coverage or liability protection a registrant must hold;
(p) defining any word or expression used but not defined in this Act;
(q) further defining any word or expression defined in this Act;
(r) governing such other matters as the Council considers necessary or advisable for the effective discharge of its functions or the exercise of its powers.
(2) The exercise by the Council of the authority contained in subsection (1) are regulations within the meaning of the Regulations Act.
PART II
REGISTRATION AND LICENSING
9 (1) The Council shall appoint a Registration Appeal Committee, the membership of which may be determined from time to time by the Council.
(2) The Council shall appoint the Chair of the Registration Appeal Committee.
(3) A majority of the Registration Appeal Committee constitutes a quorum.
(4) The Registration Appeal Committee shall perform such functions as are set out in this Act, the regulations and the by-laws.
10 (1) The Council shall appoint a Nurse Practitioner Committee, the membership of which may be determined from time to time by the Council.
(2) The Council shall appoint the Chair of the Nurse Practitioner Committee.
(3) A majority of the Nurse Practitioner Committee constitutes a quorum.
(4) The Nurse Practitioner Committee shall perform such functions as are set out in this Act, the regulations and the by-laws.
11 The Council 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.
12 (1) The Council shall cause to be maintained separate classes of licensing as provided by the regulations and, following entry of a registrant's name in the Register, shall maintain data respecting the names of the persons recorded in each class.
(2) The name of every person who, at the coming into force of this Act, is registered pursuant to the former Act, shall be entered into the Register, but shall continue under any stipulations or limitations attached to the persons previous registration.
(3) The Executive Director shall issue a licence to every person who, at the coming into force of this Act, is licensed pursuant to the former Act.
(4) Every licence issued pursuant to subsection (3) is subject to any conditions or limitations attached to the licence pursuant to the former Act.
13 (1) The Executive Director shall issue a licence to practise nursing to a person who meets the criteria for entry in the active-practising class as set out in the regulations.
(2) The Executive Director shall endorse the licence to practise nursing to indicate that the holder of the licence is entitled to practise as a specialty nurse practitioner or a primary health-care nurse practitioner where such person meets the criteria for entry in either class as set out in the regulations.
14 (1) Where a person
(a) fails to meet the requirements or conditions for a licence to practise nursing, as prescribed by the regulations; or
(b) 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 licence and shall notify the applicant accordingly.
(2) A temporary licence issued pursuant to subsection (1) shall
(a) be issued for a specified period of time, not to exceed six months in total; and
(b) set out any restriction on the practice of nursing in which the temporary licence holder may engage.
(3) The College shall maintain a Record of Temporary Licences.
(4) Where
(a) a person is registered or licensed as a nurse practitioner or equivalent in a jurisdiction other than the Province that is recognized by the Council; or
(b) such person otherwise satisfies the Nurse Practitioner Committee that the applicant possesses the necessary competencies to practise as a nurse practitioner,
and it is otherwise impractical to issue a nurse practitioner's licence, the Executive Director, upon payment of the prescribed fee, may approve, with or without limitations, or refuse an application for a temporary licence (nurse practitioner) and shall notify the applicant accordingly.
(5) A temporary licence (nurse practitioner) issued pursuant to subsection (4) shall
(a) be issued for a specified period of time, not to exceed six months in total; and
(b) set out any restriction on the practice of a nurse practitioner in which the temporary licence holder may engage.
(6) The College shall maintain a Record of Temporary Licences (Nurse Practitioners).
15 The Executive Director shall give to an applicant who is refused registration or the entry of the applicant's name in a particular class pursuant to subsections 13(1) or (2) written reasons for the refusal and the applicant may, by written notice, appeal that decision to the Registration Appeal Committee within thirty days of receipt of such written notice.
16 The Registration Appeal Committee, upon receipt of an appeal pursuant to Section 15, shall
(a) set a date for a 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.
17 (1) The Registration Appeal 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 Appeal 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.
18 Notwithstanding anything contained in this Act, where a person has been convicted or found to be guilty, by a court in or out of Canada, of any offence that is inconsistent with the proper professional behaviour of a registered nurse or a nurse practitioner, including a conviction under the Criminal Code (Canada) or the Controlled Drugs and Substances Act (Canada) for which a pardon has not been granted, and such person applies for registration, the Executive Director may refuse to register the person, but the Council may, at any time, permit such person to be registered or to remain registered upon such terms and conditions as the Council may direct.
19 The College shall, during regular business hours, permit any person to inspect the Record of Classes, the Record of Temporary Licences and the Record of Temporary Licences (Nurse Practitioners) and may permit such inspection by such electronic means as may be available.
20 (1) 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 descriptions 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 is in the class of active-practising registrants and that person is the holder of a licence to practise nursing.
(2) No person shall take or use the designation "Nurse Practitioner", "N.P." or "NP" in the Province, either alone or in combination with other words, letters or descriptions to imply that the person is entitled to practise as a nurse practitioner unless
(a) that person holds a temporary licence (nurse practitioner); or
(b) the person is the holder of a nurse practitioner's licence.
(3) No person shall take or use the designation "Specialty Nurse Practitioner" or any derivation or abbreviation thereof, in the Province, either alone or in combination with other words, letters or descriptions to imply that the person is entitled to practise as a specialty nurse practitioner unless
(a) that person holds a temporary licence (nurse practitioner) that authorizes the person to engage in the practice of a specialty nurse practitioner; or
(b) the persons name is entered in the specialty nurse practitioner class pursuant to the regulations.
(4) No person shall take or use the designation "Primary Health-care Nurse Practitioner" or any derivation or abbreviation thereof, in the Province, either alone or in combination with other words, letters or descriptions to imply that the person is entitled to practise as a primary health care nurse practitioner unless
(a) that person holds a temporary licence (nurse practitioner) that authorizes the person to engage in the practice of a primary health care nurse practitioner; or
(b) the person's name is entered in the primary health care nurse practitioner class pursuant to the regulations.
(5) No person shall take or use the designation "Nurse" or "nurse" or any derivation or abbreviation thereof, or shall describe the person's activities as "nursing" to imply that person is entitled to practice pursuant to this Act unless such person is
(a) a registered nurse;
(b) a holder of a temporary licence or a temporary licence (nurse practitioner);
(c) a licensed practical nurse or a graduate practical nurse pursuant to the Licenced Practical Nurses Act;
(d) a student enrolled in a nursing education program or in a nursing program leading to a Masters degree;
(e) a student enrolled in a practical nursing program pursuant to the Licenced Practical Nurses Act; or
(f) a person whose name appears on the Certified Graduate Nurses List, which is the list maintained by the College naming persons who graduated from a nursing education program but who did not meet the requirements to qualify as a registered nurse, and no additions to the 1987 Certified Graduate Nurses List are authorized.
21 (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 class of active-practising registrants and that person is the holder of a current licence to practise nursing;
(b) that person is the holder of a temporary licence;
(c) that person is a student enrolled in a program approved by the Education Advisory Committee and is authorized by the administrators of the program to engage in the practice of nursing as part of the program; or
(d) that person is permitted to engage in the practice of nursing as otherwise provided in this Act or the regulations.
(2) No person shall engage in the practice of a specialty nurse practitioner in the Province unless
(a) that person's name is entered in the Register in the class of specialty nurse practitioners, that person is the holder of a nurse practitioner's licence and that person's name is in the class of active-practising registrants;
(b) that person is the holder of a temporary licence (nurse practitioner);
(c) that person is a student enrolled in a specialty nurse-practitioner program, or a program the Council deems equivalent, and is required to engage in the practice of a specialty nurse practitioner as part of such program; or
(d) that person is permitted to engage in the practice of a specialty nurse practitioner as otherwise provided in this Act or the regulations.
(3) No person shall engage in the practice of a primary health-care nurse practitioner in the Province unless
(a) that person's name is entered in the Register in the class of primary health care nurse practitioners, that person is the holder of a nurse practitioner's licence and that person's name is in the class of active-practising registrants;
(b) that person is the holder of a temporary licence (nurse practitioner);
(c) that person is a student enrolled in a primary health-care nurse-practitioner program, or a program the Council deems equivalent, and is required to engage in the practice of a primary health-care nurse practitioner as part of such program; or
(d) that person is permitted to engage in the practice of a primary health-care nurse practitioner as otherwise provided in this Act or in the regulations.
22 For the purpose of this Act and the regulations,
(a) a registrant in the Province who is engaged in the practice of nursing by electronic means to clients outside of the Province is deemed to be practising nursing in the Province;
(b) a person, other than a registrant, who resides outside of the Province and who engages in the practice of nursing by electronic means to clients within the Province is not deemed to be practising nursing in the Province; and
(c) 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 or a nurse practitioner 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.
23 (1) Subject to subsection 21(3), 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 or unless that person was the holder of a temporary licence at the time the services were performed.
(2) Subject to subsection 21(3), no person shall bring an action in any court to collect fees, compensation or other remuneration for services performed as a nurse practitioner, unless that person is the holder of a nurse practitioner's licence or unless that person was the holder of a temporary licence (nurse practitioner) at the time the services were performed.
24 A statement certified under the hand of the Executive Director respecting the membership and entry in the appropriate class of a person's name is admissible in evidence as prima facie proof of that person's entry in such class.
25 Where the right of a registrant to practise as a registered nurse or nurse practitioner has been limited by the imposition of conditions or restrictions pursuant to this Act or the regulations, particulars of all conditions or restrictions imposed on that person shall be noted in the records of the College and on the registrants licence during any time when such conditions or restrictions apply.
26 (1) The Executive Director shall cause the removal of the name of a registrant from the appropriate class
(a) at the request of the registrant, upon surrendering any licence held by the registrant;
(b) where the registrant's name has been incorrectly entered;
(c) where notification is received of the registrant's death;
(d) for non-payment of fees or other assessments levied under this Act or the regulations;
(e) where the registrant has been suspended, for the term of the suspension; or
(f) where the registration of the registrant has been revoked.
(2) Where a registrant of the College ceases to be registered or licensed for any reason, such person remains subject to the jurisdiction of the College in respect of any disciplinary matter arising out of the persons conduct while registered or licensed.
(3) The Council may cause the name of a person removed from the appropriate class to be restored upon
(a) payment of the prescribed fee; and
(b) compliance by the person with this Act and the regulations.
27 (1) Every registrant who is engaged in the practice of nursing shall hold a current licence to practise nursing or a temporary licence under this Act and, where such registrant is employed in the practice of a nurse practitioner, such person shall hold a current nurse practitioner's licence or a temporary licence (nurse practitioner).
(2) 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 to practise nursing or a temporary licence under this Act and, where the person is employed in the practice of a nurse practitioner, shall ensure that the person, at the time of employment and each year employed thereafter, holds a nurse practitioner's licence or a temporary licence (nurse practitioner); 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.
28 A registrant who leaves the Province for longer than the period prescribed in the regulations shall not engage in the practice of nursing or the practice of nursing as a nurse practitioner on the registrants return to the Province before providing the Executive Director with proof that the registrant was not subject to any disciplinary findings and has no disciplinary matters pending in any jurisdiction in which the registrant practised during such absence.
29 (1) 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 or in the practice of a nurse practitioner in the Province without complying with Section 20;
(c) engages in the practice of nursing or in the practice of a nurse practitioner in violation of any condition or limitation contained in the person's licence; or
(d) 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.
(2) The provisions of the Summary Proceedings Act apply in addition to any penalty otherwise provided for in this Act or regulations.
(3) All fines and penalties payable under this Act or under the Summary Proceedings Act as a result of a prosecution by or on behalf of the College belong to the College.
(4) Any information to be laid pursuant to this Act or pursuant to the Summary Proceedings Act may be laid by the Executive Director or any person authorized by the Executive Director.
(5) In a prosecution of an offence contrary to this Act or the regulations, the onus to prove that a person accused of an offence has the right to practise nursing or to practise as a nurse practitioner, or that a person comes within any of the exemptions provided by this Act, is on the person accused.
(6) Where a violation of this Act or the regulations by a person or employer continues for more than one day, the offender is guilty of a separate offence for each day that the violation continues.
(7) For the purpose of this Act or the regulations, proof of the performance by a non-registrant of one act in the practice of nursing is sufficient to establish that a person has engaged in the practice of nursing.
(8) For the purpose of this Act or the regulations, proof of the performance by a non-registrant of one act in the practice of nursing as a nurse practitioner is sufficient to establish that a person has engaged in the practice of a nurse practitioner.
30 (1) In the event of a threatened or continuing violation of this Act or the regulations, the College may apply to a judge for an injunction to restrain the person from continuing or committing the violation and the judge, where the judge deems it to be just, may grant such an injunction.
(2) A judge may, on application, grant an interim injunction pending the hearing of an application for an injunction pursuant to subsection (1) if the judge is satisfied that there is reason to believe that a person is likely to commit or is continuing to commit a violation of this Act or the regulations.
(3) A judge may make such orders as to costs as the judge considers appropriate in any proceedings pursuant to this Section.
PART III
PROFESSIONAL CONDUCT
31 (1) The objects of the professional-conduct process are the protection of the public and the preservation of the integrity of the nursing profession.
(2) The professional-conduct process shall seek to inhibit professional misconduct, conduct unbecoming a nurse, incompetence and incapacity by investigating, on its own initiative or on the complaints of others, alleged instances of such misconduct, conduct unbecoming a nurse, incompetence or incapacity and, when appropriate, disposing of the matter or matters in accordance with the regulations.
(3) Except when considered prejudicial to the attainment of the above objects, the professional conduct process shall take into account the potential for the rehabilitation of the respondent.
32 (1) The Council shall appoint a Complaints Committee comprised of such number of registrants and non-registrants as determined by the Council.
(2) The Council shall appoint a Chair and a Vice-chair of the Complaints Committee.
(3) The Vice-chair shall act as chair in the absence of the Chair.
(4) Whenever for any reason neither the Chair nor the Vice-chair are available for a meeting, the Council may, for purpose of such meeting, appoint a member of the Complaints Committee as chair of the Complaints Committee.
(5) The Chair of the Complaints Committee shall appoint a panel of three persons from the Complaints Committee, one of whom shall be a non-registrant, to act as the Complaints Committee for purposes of the professional-conduct process.
(6) The Chair of the Complaints Committee may sit on the panel and shall act as the chair of the panel in this event.
(7) Where the Chair of the Complaints Committee is not appointed to the panel, the Chair of the Complaints Committee shall appoint a chair for such panel.
(8) Any two persons from the panel appointed pursuant to subsection (5), regardless of whether such persons are registrants or non-registrants, constitutes a quorum of the Complaints Committee.
(9) Failure of one or more Complaints Committee members to receive any notice of a meeting shall not invalidate the proceedings thereat, and nothing herein shall preclude the members from waiving notice of meetings.
(10) All Complaints Committee decisions require the vote of a majority of the panel of the Complaints Committee appointed pursuant to subsection (5).
(11) Where a proceeding is commenced before the Complaints Committee, and the term of office of any person sitting on the Complaints Committee has expired, such person may remain part of the Complaints Committee until the proceeding is concluded.
33 A complaint may be initiated by
(a) any body corporate or association;
(b) the Executive Director; or
(c) any other person.
34 (1) Upon receipt of a complaint, an investigator shall conduct an investigation in accordance with the regulations.
(2) Upon concluding an investigation, the investigator shall prepare a written report of the investigation and forward it to the Complaints Committee.
35 (1) Upon receipt of the results of an investigation from an investigator, the 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, a respondent 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.
36 (1) The Complaints Committee, acting in good faith and in the public interest, may, at its discretion, without a hearing direct the Executive Director to suspend a licence to practise nursing or a nurse practitioner's licence, or to impose restrictions on a respondent's licence to practise nursing or nurse practitioner's licence, pending or following the completion of an investigation until the suspension or restrictions are lifted, superseded or annulled by the Complaints Committee or the Professional Conduct Committee, as the case may be.
(2) The registrant shall receive, forthwith, notice in writing, with reasons of a decision made pursuant to subsection (1).
(3) Subject to a determination pursuant to subsection (5), a decision pursuant to subsection (1) continues in force until final resolution by the Professional Conduct Committee, which shall occur without undue delay.
(4) A registrant of the College who receives written notice pursuant to subsection (2) may request, in writing, an opportunity to meet with the Complaints Committee.
(5) Where a request is received pursuant to subsection (4), the Complaints Committee shall
(a) provide an opportunity for the registrant of the College to meet with the Committee within ten days of the written request; and
(b) after meeting with the registrant, may confirm, vary or terminate the suspension imposed pursuant to subsection (1).
37 (1) The Council shall appoint a Professional Conduct Committee comprised of such number of registrants and non-registrants as determined by the Council.
(2) The Council shall appoint a Chair and a Vice-chair of the Professional Conduct Committee.
(3) The Vice-chair shall act as chair in the absence of the Chair.
(4) Whenever for any reason neither the Chair nor the Vice-chair are available for a meeting or a hearing, the Council may, for purpose of such meeting or hearing, appoint a member of the Professional Conduct Committee as chair of the Professional Conduct Committee.
(5) The Chair of the Professional Conduct Committee shall appoint a panel of five persons from the Professional Conduct Committee, at least one of whom shall be a non-registrant, to act as the Professional Conduct Committee for purposes of the professional-conduct process.
(6) The Chair of the Professional Conduct Committee may sit on the panel and shall act as the chair of the panel in this event.
(7) Where the Chair of the Professional Conduct Committee is not appointed to the panel, the Chair of the Professional Conduct Committee shall appoint a chair for such panel.
(8) Any three persons from the panel appointed pursuant to subsection (5), regardless of whether such persons are registrants or non-registrants, constitutes a quorum of the Professional Conduct Committee.
(9) No person on the Professional Conduct Committee may concurrently serve on the Complaints Committee.
(10) Failure of one or more Professional Conduct Committee members to receive any notice of a meeting shall not invalidate the proceedings thereat, and nothing herein shall preclude committee members from waiving notice of meetings.
(11) All Professional Conduct Committee decisions require the vote of a majority of the panel of the Professional Conduct Committee appointed pursuant to subsection (5), or the quorum of such panel in the event the full panel is not sitting.
(12) Where a proceeding is commenced before the 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.
38 (1) Where the Complaints Committee refers a matter to the 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 a 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 College may agree or the Professional Conduct Committee may order.
(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.
39 Where the Complaints Committee refers a matter to the Professional Conduct Committee, the Complaints Committee, before 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.
40 Each person on the Professional Conduct Committee has all the rights, powers and privileges of a commissioner appointed pursuant to the Public Inquiries Act.
41 (1) A hearing held by the 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 the Professional Conduct Committee unless the opposing party has been given, at least ten days before a 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), the 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.
42 Where the 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.
43 (1) The Council shall appoint a Reinstatement Committee, comprised of not less than three and not more than five members of Council, at least one of whom shall be a non-registrant.
(2) The Council shall appoint the Chair of the Reinstatement Committee.
(3) The Reinstatement Committee shall perform such duties as set out in the Act and regulations.
(4) A quorum of the Reinstatement Committee shall consist of any three members of such committee, regardless of whether such members are registrants or non-registrants.
(5) Unless otherwise ordered by the Professional Conduct Committee, any registrant whose licence to practise nursing or nurse practitioners licence has been revoked by the Professional Conduct Committee may apply for reinstatement to the Reinstatement Committee, in writing, at any time following two years from the date of the revocation, and the burden of proof is on the respondent to prove to the satisfaction of the Reinstatement Committee that the objects of the professional-conduct process will be served by terminating the order of revocation.
(6) Applications for reinstatement shall proceed in accordance with the regulations.
(7) Where a registrant's licence has been reinstated pursuant to this Section, the Reinstatement Committee, in its discretion, shall determine whether publication of the reinstatement is required in the interest of the public.
44 (1) Where a licence to practise nursing or a nurse practitioner's licence is revoked, suspended or restricted by the Professional Conduct Committee, or where the Professional Conduct Committee imposes conditions on a licence to practise nursing or a nurse practitioner's licence,
(a) the Executive Director shall make the appropriate entries in the records of the College and on the licence;
(b) the registrant'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 College 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 registrant has worked, if restrictions, conditions, a suspension or revocation is ordered;
(d) the Executive Director shall notify the current employer of the registrant 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 respondents name, registration number and the reasons for the reprimand.
45 (1) Where the period of suspension of a registrant has expired, or the conditions imposed on the registrant have been satisfied, or the restrictions imposed on the registrant have been removed, the Executive Director shall restore the licence to practise nursing or the nurse practitioner's licence to the registrant in the form it existed prior to the decision of the Professional Conduct Committee if the registrant otherwise meets the criteria for the issuing of a licence, but where the licence has expired, the registrant shall pay the prescribed fee for renewal of the licence before its re-issue.
(2) Where action has been taken pursuant to subsection (1),
(a) the Executive Director shall make the appropriate entries in the records of the College;
(b) where registering bodies in other Canadian nursing jurisdictions had previously been informed of the suspension, conditions or restrictions, the Executive Director shall notify such registering bodies of the lifting of such suspension, conditions or restrictions;
(c) the Executive Director shall notify the current employer of the registrant if deemed necessary by the Professional Conduct Committee; and
(d) the Professional Conduct Committee, in its discretion, may inform or direct the Executive Director to inform other persons of the lifting of the suspension, conditions or restrictions.
46 For the purpose of the execution of their duties under this Act, the College, the Complaints Committee or the Professional Conduct Committee may retain such legal or other assistance as the College, the Complaints Committee 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, as costs ordered by the Professional Conduct Committee.
47 (1) A party may appeal on any point of law from the findings of the Professional Conduct Committee to the Nova Scotia Court of Appeal.
(2) The notice of appeal shall be served upon the other party filed at the Nova Scotia Court of Appeal and served upon the other party not later than thirty days after service of the decision of the Professional Conduct Committee.
(3) The record on appeal from the findings of the Professional Conduct Committee consists of a copy of the transcript of the proceedings, the decision of the Committee and the evidence before the Professional Conduct Committee certified by the Chair of the Professional Conduct 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 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 decision of the Professional Conduct Committee takes effect immediately unless the Court of Appeal grants a stay of any order made pursuant to this Act where, in its discretion, it deems fit.
PART IV
OTHER COMMITTEES
48 (1) The Council shall appoint an Education Advisory Committee composed of such number of members as determined by the Council, at least two of whom shall be non-registrants.
(2) The Council shall appoint a Chair of the Education Advisory Committee.
(3) The term of office of members of the Education Advisory Committee shall be determined by the Council.
(4) The Education Advisory Committee shall perform such functions as are set out in this Act, the regulations and by-laws.
49 The Education Advisory Committee shall advise and make such recommendations to the Council as will enable the Council to
(a) establish standards for nursing-education programs, specialty nurse-practitioner programs and primary health-care nurse-practitioner programs;
(b) approve nursing-education programs, specialty nurse-practitioner programs and primary health-care nurse-practitioner programs that meet the standards as approved by the Council;
(c) deny or withdraw approval of nursing-education programs, specialty nurse-practitioner programs and primary health-care nurse-practitioner programs that do not meet the standards as approved by the Council;
(d) approve, conditionally approve or deny approval of new nursing-education programs, specialty nurse-practitioner programs and primary health-care nurse-practitioner programs or changes in existing nursing-education programs and nurse-practitioner programs in accordance with the standards as approved by the Council.
50 The Education Advisory Committee shall
(a) conduct, at least every five years, an assessment of nursing education programs in the Province to determine compliance with standards approved by Council;
(b) conduct, at least every three years, an assessment of specialty nurse-practitioner programs and primary health-care nurse-practitioner programs to determine compliance with the standards approved by Council; and
(c) perform such other functions as designated in this Act and the regulations.
51 A majority of the members of the Education Advisory Committee constitutes a quorum of the Committee.
52 All nursing-education programs and nurse-practitioner programs approved by the College immediately before the coming into force of this Act are deemed to be approved by Council pursuant to this Act until the approval is withdrawn.
53 (1) The Council shall appoint a Diagnostics and Therapeutics Committee.
(2) The Diagnostic and Therapeutics Committee shall consist of equal representation from the College, the College of Physicians and Surgeons of Nova Scotia and the Nova Scotia Pharmaceutical Society.
(3) The Diagnostic and Therapeutics Committee shall elect from amongst the persons on the Committee a Chair, who shall call and preside over required meetings of the Committee.
(4) The Diagnostic and Therapeutics Committee shall perform such functions as are set out in this Act, the regulations and the by-laws.
(5) A quorum of the Diagnostic and Therapeutics Committee shall consist of three persons with representation from the College, the College of Physicians and Surgeons of Nova Scotia and the Nova Scotia Pharmaceutical Society.
54 (1) The Council shall appoint a Diagnostics and Therapeutics Appeal Committee.
(2) The Diagnostic and Therapeutics Appeal Committee shall consist of equal representation from the College, the College of Physicians and Surgeons of Nova Scotia and the Nova Scotia Pharmaceutical Society.
(3) The Diagnostic and Therapeutics Appeal Committee shall elect from amongst the persons on the Committee a Chair, who shall call and preside over required meetings of the Committee.
(4) A quorum of the Diagnostic and Therapeutics Appeal Committee shall consist of three persons with representation from the Nova Scotia College of Registered Nurses, the College of Physicians and Surgeons of Nova Scotia and the Nova Scotia Pharmaceutical Society.
(5) Where a collaborative-practice team disagrees with the decision of the Diagnostic and Therapeutics Committee pursuant to Section 53, the collaborative practice team may appeal that decision to the Diagnostic and Therapeutics Appeal Committee.
(6) An appeal brought pursuant to subsection (5) shall be dealt with in the manner as set out in the regulations.
PART V
GENERAL
55 (1) No action for damages lies against the College, the Council, the persons on the Council, committees or subcommittees of the College or Council, or the persons on the committees or subcommittees, or the Executive Director, officers, agents or employees of the College,
(a) for any act or failure to act, or any proceeding initiated or taken, in good faith under this Act, or in carrying out the duties or obligations under this Act; or
(b) for any decision, order or resolution made or enforced in good faith under this Act.
(2) No action lies against any person for the disclosure of any information or any document or anything therein pursuant to this Act unless such disclosure is made with malice.
(3) No registrant of the College, or any officer, agent, or employee thereof is personally liable for any of the debts or liabilities of the College unless such person expressly agrees to be liable.
56 (1) For greater certainty,
(a) a complaint made pursuant to the former Act shall continue to be proceeded with in accordance with this Act as nearly as circumstances permit; and
(b) a Discipline Committee appointed pursuant to Chapter 391 of the Revised Statutes, 1989, the Registered Nurses' Association Act and its regulations, and a professional conduct committee appointed pursuant to the former Act and its regulations, are deemed to be professional conduct committees appointed pursuant to this Act.
(2) Upon the coming into force of this Act, any matter pending before a professional conduct 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 the Professional Conduct Committee appointed pursuant to this Act for hearing and determination, but otherwise shall be heard and determined by a professional conduct committee appointed pursuant to the former Act.
(3) Notwithstanding subsection (2), the parties may agree that a matter pending may be transferred to the Professional Conduct Committee appointed pursuant to this Act.
(4) A professional conduct 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 the Professional Conduct Committee appointed pursuant to this Act have been finally decided and a complaints committee appointed pursuant to the former Act shall be continued until all matters pending before it at the coming into force of this Act have been concluded by such complaints committee.
(5) Notwithstanding subsection (1), an appeal made to the appeal committee pursuant to the former Act that has not been decided at the time of the coming into force of this Act shall be dealt with by the appeal committee under the former Act in accordance with the provisions of the former Act.
57 Whenever for any reason a quorum of members of any committee may not be available for a meeting or hearing, the Council may, for the purpose of such meeting or hearing, appoint to the committee such additional members as are needed for a quorum.
58 Nothing in this Act prohibits
(a) the practice by a person of medicine, dentistry, pharmacy or optometry or, subject to subsections (b) and (c), any other health discipline recognized by statute;
(b) the practice by registered nurses of acts approved for practice pursuant to the provisions of the Medical Act;
(c) the practice of a licensed practical nurse, other than a registered nurse in the active-practising class, by a person registered under the Licenced Practical Nurses Act;
(d) the provision of services for compensation, other than the practice of nursing, at an 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;
(e) a person caring for someone in a private residence without compensation; or
(f) the right of employees to engage in a lawful strike.
59 The former Act is repealed.
60 Clause 2(f) of Chapter 343 of the Revised Statutes, 1989, the Pharmacy Act, as enacted by Chapter 15 of the Acts of 1999 (Second Session), is amended by striking out subclause (iii) and substituting the following subclause:
(B) whose name is in the speciality nurse-practitioner class or the primary health-care nurse-practitioner class of licensing pursuant to that Act, and
(C) who is prescribing those drugs approved in accordance with the regulations.
61 This Act comes into force on such day as the Governor in Council orders and declares by proclamation.
This page and its contents published by the Office of the Legislative Counsel, Nova Scotia House of Assembly, and © 2001 Crown in right of Nova Scotia. Created June 5, 2001. Send comments to legc.office@gov.ns.ca.
