BILL 40
An Act to Amend the Licensed Practical Nurses Act
WHEREAS the Association of New Brunswick Licensed Practical Nurses, prays that it be enacted as hereinafter set forth;
THEREFORE Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:
1 The Licensed Practical Nurses Act, chapter 60 of the Acts of New Brunswick, 1977, is amended in section 1
(a) by repealing the definition “approved school of practical nurses” and substituting the following:
“approved school of practical nurses” means a school to which a certificate of approval has been issued by the Board of Directors pursuant to by-law;
(b) by repealing the definition “practical nurse” and substituting the following:
“licensed practical nurse” means a graduate of an approved school of practical nurses who is not a registered nurse in New Brunswick, undertakes the care of patients under the direction and in collaboration with a registered nurse or duly qualified medical practitioner, or pharmacist for custodial convalescent, sub-acutely ill, chronically ill patients, and who assists registered nurses in the care of acutely ill patients, rendering the services for which he or she has been trained;
(c) by adding the following definition in alphabetical order:
“graduate licensed practical nurse” means those students registered under subsection 9(6) of the Act and the role and function of these members shall be established by the Board of Directors as set out in the by-laws;
2 Section 4 of the Act is amended
(a) in paragraph (1)(h) by striking out “student assistants” and substituting “graduate practical nurses”;
(b) by repealing subsection (2) and substituting the following:
4(2) There shall be an Executive Committee elected for a two year term at every other annual meeting and said Executive Committee shall consist of a President, First Vice President, Secretary and Treasurer and each member of the Executive Committee may only be re-elected for one additional term in that position.
(c) by adding after subsection (3) the following:
4(4) There shall be a Board of Directors which shall be comprised of the Executive Committee as well as six regional members.
4(5) Regional members shall be nominated by the local chapters within 30 days of the annual meeting and the Executive Committee shall choose one regional member from each of the local chapters, which members shall have a three year term and may be appointed for one additional three year term, and if a local chapter does not submit a name of a person to sit as a regional member, the Executive Committee may select a member to represent that local chapter.
4(6) If a regional member does not complete his or her term, the Executive Committee may select a replacement member.
4(7) The Board of Directors at their first meeting after their election shall appoint two public members and the public members shall serve for three years and may be appointed for one additional three year term.
3 Section 5 of the Act is amended
(a) by repealing subsection (1) and substituting the following:
5(1) The affairs of the Association shall be under the management of the Board of Directors.
(b) by repealing subsection (2).
4 Section 6 of the Act is repealed and the following is substituted:
6 The minimum educational qualifications for admission as a student in an approved school of practical nurses shall be graduation from a high school academic education program, containing three compulsory subjects at senior high school level of which two shall be in science, one of which shall be academic level biology and one shall be academic level mathematics, or equivalent training or education as determined by the Executive Committee.
5 The Act is amended by adding after section 6 the following:
6.1 All members shall be subject to mandatory continuing education as determined by the Board of Directors from time to time.
6 Section 7 of the Act is amended
(a) in paragraph (b) by striking out “nursing assistants” and substituting “licensed practical nurses”;
(b) by adding after paragraph (c) the following:
(c.1) require members to take continuing education programs as approved by the Association;
(c) in paragraph (e) by striking out “nursing assistants” and substituting “licensed practical nurses”.
7 The Act is amended by adding after section 7 the following:
7.1 Any by-law made, amended or repealed by the Board of Directors pertaining to:
(a) the admission, suspension, expulsion, removal, discipline and reinstatement of members, and conditions precedent to membership in the Association;
(b) the development, establishment, adoption, maintenance and administration of rules of professional conduct and the standards of fitness, moral character and conduct of members, students and professional corporations;
(c) the regulation of professional liability insurance for members and professional corporations including requirements of such insurance for all or certain classes or categories of members and professional corporations whether such insurance is provided by or through the Association or otherwise;
(d) the development, establishment and maintenance of standards for the practice of practical nursing;
(e) the development, establishment and maintenance of standards for practical nursing education consistent with the changing needs of society;
(f) the definition by education, experience or otherwise general or specialized areas of practical nursing practice;
(g) prescribing standards of continuing practical nursing education for all persons registered under the Act; and
(h) prescribing limitations on the right to practice,
shall not be effective or be acted upon until confirmed by the Minister of Health.
8 Section 8 of the Act is amended
(a) in paragraph (a) by adding “licensed” before “practical”;
(b) in paragraph (c) by adding “licensed” before “practical”;
(c) in paragraph (d) by adding “licensed” before “practical”.
9 Section 9 of the Act is repealed and the following is substituted:
9(1) The membership of the Association shall consist of all persons registered and in good standing in accordance with this Act and the by-laws and regulations, as well as those members registered under the provisions of The Registered Nurses Act, 1957.
9(2) A person who applies to the Board of Directors in the prescribed form for membership shall be registered as a member of the Association if
(a) the person is trained in Canada as a licensed practical nurse and satisfies the Board of Directors that the person:
(i) obtained the educational qualifications set out in section 6 of this Act;
(ii) graduated and holds an appropriate certification from an approved school;
(iii) successfully completed the national examination; and
(iv) paid the prescribed fees;
(b) the person is licensed as a practical nurse with their regulator in another Province or Territory within Canada and paid the prescribed fees; or
(c) the person is trained outside of Canada as a licensed practical nurse, or equivalent training, and satisfies the Board of Directors that the person:
(i) graduated from an institution which the Board of Directors approves and which offers a detailed course of study and training as a licensed practical nurse, or equivalent training;
(ii) successfully completed the national examination; and
(iii) paid the prescribed fees.
9(3) A person seeking membership under paragraph 2(b) shall be subject to any conditions, limits or restrictions that are attached to the license from the jurisdiction from which the person transferred.
9(4) Notwithstanding subsections (1) and (2), a re-entry candidate applying for membership or renewal of membership in the Association, must satisfy the Board of Directors that the candidate successfully completed the course of re-entry examination and training prescribed by by-law.
9(5) Every person who is, on the coming into force of this Act, registered as a member of the Association shall, provided they pay the prescribed fees for membership, be registered as a member of the Association.
9(6) In addition to those persons to whom subsections (1) and (2) applies, any person who has successfully graduated from an approved school of practical nurses may be issued by the Board of Directors a graduate licensed practical nurse membership upon payment of the prescribed fees as set by by-law and such members shall be entitled “graduate licensed practical nurse”.
9(7) If a graduate licensed practical nurse, who has obtained membership under subsection (6), fails the national examination, membership as a graduate licensed practical nurse shall be revoked.
9(8) The role and function of those members registered under subsection (6) shall be established by the Board of Directors and set out in the by-laws.
9(9) The Board of Directors may, from time to time, issue honorary memberships in the Association to those persons as determined by the Board of Directors recognizing them for distinguished service or valuable assistance to the Association and such members shall be entitled to receive any bulletins or publications issued by the Association but shall have no voting or other rights.
9(10) Notwithstanding subsections (1) and (2), a licensed practical nurse who is not actively engaged in any nursing field but would otherwise meet the criteria for membership in the Association, may be issued by the Board of Directors, upon payment of the prescribed fee, an inactive membership, and this may include those licensed practical nurses who have received honorary memberships.
9(11) An inactive member registered under subsection (10) shall not be eligible to hold office as a member of the Board of Directors or the Executive Committee but shall be eligible to hold office as an officer or president of any chapter of the Association and shall be eligible to vote in elections and at meetings of the Association.
10 The Act is amended by adding after section 9 the following:
9.1(1) The Registrar may issue a temporary membership upon written application and receipt of
(a) the prescribed fee;
(b) satisfactory proof that the applicant is or would be eligible for membership in the Association; and
(c) proof that the applicant is a member in good standing and properly licensed as a practical nurse in another jurisdiction.
9.1(2) Notwithstanding subsection (1), the Board of Directors may waive the requirement for payment of prescribed fees for any person applying for temporary membership.
9.1(3) Any person to whom a temporary membership has been issued pursuant to this Act shall be entitled to work as a licensed practical nurse in New Brunswick in accordance with the provisions of this Act for the time period specified in the temporary membership, but no such time period shall exceed 90 consecutive days inclusive of the dates of commencement and termination thereof.
9.1(4) A person who has been issued a temporary membership shall not be entitled to hold any office in the Association nor shall the person be allowed to vote in any elections or meetings of the Association.
9.1(5) An applicant who is refused membership in the Association shall be given written reasons for the refusal and the applicant may, by written notice, appeal that decision to the Executive Committee which shall consider the appeal within 30 days of the receipt of the notice and upon making its decision, forthwith report the decision, in writing, to the applicant.
11 Section 11 is amended
(a) by repealing subsection (2) and substituting the following:
11(2) A certificate of approval for an approved school of practical nurses shall be issued annually by the Board of Directors if the Board of Directors is satisfied that the curriculum and the operation of the school meets the standards as set out by the Association in the by-laws.
(b) by adding after subsection (2) the following:
11(2.1) Prior to the initial approval of an approved school of practical nurses by the Board of Directors or if there is a change in curriculum of an approved school, the Board shall obtain the consent of the Minister of Health and the Minister of Post-Secondary Education, Training and Labour before issuing a certification of approval.
12 Section 32 of the Act is amended by adding after subsection (3) the following:
32(4) If the Registrar deems it appropriate, any meeting of the Complaints Committee may be held by conference call or by video-conference.
13 Section 34 of the Act is amended by adding after subsection (5) the following:
34(6) Where the committee in its discretion considers it appropriate, it may attempt to formally mediate and resolve a complaint.