This consolidation is unofficial and is for reference only.  For the official version of the regulations, consult the original documents on file with the Registry of Regulations, or refer to the Royal Gazette Part II.
Regulations are amended frequently.  Please check the list of Regulations by Act to see if there are any recent amendments to these regulations filed with our office that are not yet included in this consolidation.
Although every effort has been made to ensure the accuracy of this electronic version, the Registry of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting.
This electronic version is copyright © 2016, Province of Nova Scotia, all rights reserved.  It is for your personal use and may not be copied for the purposes of resale in this or any other form.


Registered Nurses Regulations

made under Section 8 of the

Registered Nurses Act

S.N.S. 2006, c. 21

O.I.C. 2009-133 (March 17, 2009), N.S. Reg. 65/2009

as amended to O.I.C. 2016-189 (August 2, 2016), N.S. Reg. 154/2016


Table of Contents

Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
Click here to go to the text of the regulations.


Part I: Interpretation and Amendment

Citation

Definitions for Act and regulations

Amendments to regulations


Part II: Registration, Licensing and Membership

Register and Licensing Rosters

Information on Register

Categories of licences

Registration

Competence assessment

Qualifications for registration for graduates of nursing education programs

Qualifications for registration for graduates of programs other than nursing education programs before December 31, 2007

Qualifications for registration for graduates of programs other than nursing education programs on or after December 31, 2007

Active-Practising Members

Criteria for entry in active-practising roster

Entitlements of members in active-practising roster

Criteria for active-practising with conditions or restrictions roster

Entitlements of members in active-practising with conditions or restrictions roster

Members in Transitional Rosters

Criteria for entry in transitional roster

Entitlements of members in transitional roster

Criteria for entry in transitional with conditions or restrictions roster

Entitlements of members in transitional with conditions or restrictions roster

Maximum years that transitional licence may be renewed

Nurse Practitioner Members

Criteria for entry in nurse practitioner roster

Entitlements of members in nurse practitioner roster

Criteria for entry in nurse practitioner with conditions or restrictions roster

Entitlements of member in nurse practitioner with conditions or restrictions roster

General Licensing

Licences issued without completion of continuing competence program

Restrictions or conditions on previous licence

Term and renewal of licence other than temporary licence

Removal of name from roster if licence not renewed

Waiver by Executive Director of criteria for registration or licensing

Temporary Licence Holders

Entitlements of temporary licence holders

Expiry of temporary licences

Affiliations

Categories of affiliation

Non-practising members

Non-active members

Honorary life members

Honorary affiliation

Student affiliation

Registered nurse (retired) affiliation

Records kept of affiliated persons


Part III: Records and Audit of Records

Records of members’ hours of work

Audit of records


Part IV: Committees

Education Advisory Committee

Nursing education programs

Nurse practitioner program

Registered nurse re-entry program

Nurse practitioner re-entry program

Interdisciplinary NP Practice Review Committee

Composition of Interdisciplinary NP Practice Review Committee

Quorum of Interdisciplinary NP Practice Review Committee

Functions of the Interdisciplinary NP Practice Review Committee

Composition of Nurse Practitioner Committee

Quorum of Nurse Practitioner Committee

Functions of the Nurse Practitioner Committee


Part V: Professional Conduct

Investigation and Executive Director Disposition of Complaint

Executive Director actions on receiving complaint

Investigating complaint

Actions of Executive Director after investigation

Fines imposed for practising without licence

Review of complaint dismissal

Referring complaint to Complaints Committee during investigation

Additional information to Complaints Committee

Complaints Committee Disposition of Complaint

Powers of Complaints Committee and disposition of complaint

Failing to comply with requirement of Complaints Committee

Costs of complying with requirement of Complaints Committee

Settlement Proposals

Preparing and tendering settlement proposals

Complaints Committee actions when settlement proposal referred

Professional Conduct Committee actions when settlement proposal referred

Settlement proposals and hearings

Fitness to Practise Committee

Assessment for incapacity

Remedial agreement

Fitness to Practise Committee disposition

Publication of Fitness to Practise Committee’s decision

Jurisdiction of Fitness to Practise Committee

Hearings

Notice of hearing

Amendment of notice of hearing

Public notice of hearing

Attendance at a hearing

Hearing procedures

Failing to comply with requirement of Professional Conduct Committee

Costs of respondent complying with requirement of Professional Conduct Committee

Respondent fails to attend hearing

Subpoenaed witness fees

Recording evidence at hearing

Preserving evidence

Disposition by Professional Conduct Committee

Written decision of Professional Conduct Committee

Publication bans imposed by Professional Conduct Committee

Disclosing and publishing decisions and licensing sanctions imposed without hearing

Disclosing and publishing decisions and licensing sanctions imposed through hearing

Consent revocation

Costs awarded after hearing

Reinstatement

Applying for reinstatement

Investigation concerning reinstatement application

Attendance at proceeding for review of reinstatement application

Decision of Re-instatement Committee

Costs of reinstatement application


Part I: Interpretation and Amendment


Citation

1     These regulations may be cited as the Registered Nurses Regulations.


Definitions for Act and regulations

2     (1)    In these regulations,

 

                (a)    “Act” means the Registered Nurses Act;

 

                (b)    “assessment for incapacity” means an assessment by a health care professional licensed in the Province with an expertise in assessing incapacity;

 

                (c)    “caution” means a determination by the Complaints Committee that a member has breached the standards of professional ethics or practice expected of members in circumstances that do not constitute professional misconduct, conduct unbecoming, incompetence or incapacity, and a caution is not considered to be a licensing sanction;

 

                (d)    “competence assessment” means a process approved by the Executive Director for assessing competencies that uses the methods and tools in Section 6;

 

                (e)    “competencies” means the specific knowledge, skills and judgment required for a registered nurse or nurse practitioner to be considered competent in a designated role and practice setting;

 

                (f)    “competent” means the ability to integrate and apply the knowledge skills and judgment required to practice safely and ethically in a designated role and practice setting;

 

                (g)    “counsel” means a determination by the Complaints Committee that a member could benefit from professional guidance from the College about the subject matter of the complaint, but the member’s conduct does not constitute professional misconduct, conduct unbecoming, incompetence or incapacity, and a counsel is not considered to be a licensing sanction;

 

                (h)    “licensing year” means a 12-month period determined by the Council;

 

                (i)     “nurse practitioner examination” means an examination or examinations approved by the Council that assess the competency of nurse practitioners;

 

                (j)     “nurse practitioner re-entry program” means a program approved by the Council that tests nurse practitioner knowledge and provides for a period of preceptored clinical practice;

 

                (k)    “remedial agreement” means an agreement approved by the Fitness to Practise Committee setting out the terms and conditions to be met by a member to address issues of incapacity;

 

                (l)     “verification process” means the process established by the Council for confirming that a member has met the requirements of the continuing competence program.

Clause 2(1)(l) added: O.I.C. 2016-189, N.S. Reg. 154/2016.

 

       (2)    In the Act and these regulations,

 

                (a)    “conduct unbecoming” means conduct in a member’s personal or private capacity that tends to bring discredit upon the nursing profession;

 

                (b)    “drugs” includes controlled substances under the Controlled Drugs and Substances Act (Canada);

 

                (c)    “practice settings” includes acute-care settings, community-based settings and non-acute care settings;

 

                (d)    “witness” is further defined to include the College and its representatives.

 

       (3)    For the purposes of Section 36 of the Act only, “Complaints Committee” is further defined to include an investigator.


Amendments to regulations

3     Amendments to these regulations may be submitted to the Governor in Council only after the Council has consulted with all of the unions that represent members and the members have been notified that amendments are proposed through the College’s official publication.


Part II: Registration, Licensing and Membership


Register and Licensing Rosters


Information on Register

4     In addition to the name of the person qualified, as required by subsection 9(1) of the Act, the Register must contain all of the following information for each member:

 

                (a)    a unique registration number;

 

                (b)    the name and location of the school of nursing attended;

 

                (c)    the year the member graduated from the school of nursing;

 

                (d)    the date of entry in the Register.


Categories of licences

5     (1)    The following are the categories of licences under the Act:

 

                (a)    active-practising;

 

                (b)    active-practising with conditions or restrictions;

 

                (c)    transitional;

 

                (d)    transitional with conditions or restrictions;

 

                (e)    temporary;

 

                (f)    temporary with conditions or restrictions;

 

                (g)    nurse practitioner;

 

                (h)    nurse practitioner with conditions or restrictions;

 

                (i)     temporary (nurse practitioner);

 

                (j)     temporary (nurse practitioner) with conditions or restrictions.

 

       (2)    The roster for each category of licence must be made available to the public.


Registration


Competence assessment

6     (1)    The methods used in a competence assessment may include, but are not limited to, interviewing, verification of documents, observation, reflective practice, self-assessments or testing.

 

       (2)    The tools used in a competence assessment may include, but are not limited to, chart audits, self-assessments, written tests or live demonstrations of competencies.


Qualifications for registration for graduates of nursing education programs

7     (1)    The following are the qualifications for registration of a graduate of a nursing education program:

 

                (a)    graduation from a nursing education program;

 

                (b)    if the applicant graduated from a nursing education program other than a nursing education program in the Province, current or previous registration in the original jurisdiction where the applicant completed the program referred to in clause (a);

 

                (c)    successful completion of the applicable registration examinations approved by the Council;

 

                (d)    payment of the applicable registration fee prescribed by the Council;

 

                (e)    if the applicant was previously practising in any other jurisdiction, the applicant held an active-practising licence or its equivalent in the jurisdiction where the applicant last practised;

 

                (f)    demonstrated proficiency in the English language in the manner determined by the Executive Director;

 

                (g)    meeting the criteria for entry in any of the following rosters:

 

                         (i)     the active-practising roster,

 

                         (ii)    the active-practising with conditions or restrictions roster,

 

                         (iii)   the transitional licence roster,

 

                         (iv)   the transitional licence with conditions or restrictions roster.

 

       (2)    If the Executive Director is satisfied that an applicant meets all of the criteria required by subsection (1), the applicant’s name must be entered in the register.


Qualifications for registration for graduates of programs other than nursing education programs before December 31, 2007

8     (1)    The following are the qualifications required for registration of a person who graduated from a nursing program, other than a nursing education program, before December 31, 2007:

 

                (a)    graduation from a nursing program before December 31, 2007, that

 

                         (i)     is not a nursing education program, and

 

                         (ii)    qualified the applicant to be a registered nurse or equivalent in the jurisdiction of the program;

 

                (b)    successful completion of a competence assessment, unless the program referred to in clause (a) meets 1 of the following:

 

                         (i)     the program is substantially equivalent, as determined by the Executive Director, to nursing programs that were accredited or approved in the Province at the time of the applicant’s graduation,

 

                         (ii)    the program, together with 1 of the following, is substantially equivalent, as determined by the Executive Director, to nursing programs that were accredited or approved in the Province at the time of the applicant’s graduation:

 

                                  (A)   the experience acquired by the applicant,

 

                                  (B)   any additional training required by the Executive Director and completed by the applicant;

 

                (c)    current or previous registration in the original jurisdiction where the applicant completed the program referred to in clause (a);

 

                (d)    meeting the registration qualifications in clauses 7(c) to (f);

 

                (e)    meeting the criteria for entry in 1 of the following rosters:

 

                         (i)     the active-practising roster,

 

                         (ii)    the active-practising with conditions or restrictions roster.

 

       (2)    If the Executive Director is satisfied that an applicant meets all of the criteria required by subsection (1), the applicant’s name must be entered in the register.


Qualifications for registration for graduates of programs other than nursing education programs on or after December 31, 2007

9     (1)    The following are the qualifications required for registration of a person who graduated from a nursing program, other than a nursing education program, in another province or territory in Canada, on or after December 31, 2007:

 

                (a)    graduation from a nursing program in another province or territory in Canada on or after December 31, 2007, that

 

                         (i)     is not a nursing education program, and

 

                         (ii)    qualified the applicant to be a registered nurse or equivalent in the jurisdiction of the nursing program at the time the applicant graduated from the nursing program;

 

                (b)    1 of the following:

 

                         (i)     the program referred to in clause (a) together with any additional education or experience acquired by the applicant provides equivalent competencies, as determined by the Executive Director, to a baccalaureate nursing program approved by the Council,

 

                         (ii)    the applicant meets the criteria for entry in 1 of the following rosters:

 

                                  (A)   the transitional roster,

 

                                  (B)   the transitional with conditions or restrictions roster;

 

                (c)    current or previous registration in the original jurisdiction where the applicant completed the program referred to in clause (a);

 

                (d)    meeting the registration qualifications in clauses 7(c) to (f).

 

       (2)    The following are the qualifications required for registration of a person who graduated from a nursing program, other than a nursing education program, outside of Canada, on or after December 31, 2007, and who is not currently registered in another province or territory in Canada:

 

                (a)    graduation from a nursing program outside of Canada on or after December 31, 2007, that

 

                         (i)     is not a nursing education program, and

 

                         (ii)    qualified the applicant to be a registered nurse or equivalent in the jurisdiction of the nursing program at the time the applicant graduated from the nursing program;

 

                (b)    1 of the following:

 

                         (i)     the program referred to in clause (a) together with any additional education or experience acquired by the applicant provides equivalent competencies, as determined by the Executive Director, to a baccalaureate nursing program approved by the Council,

 

                         (ii)    the applicant meets the criteria for entry in 1 of the following rosters:

 

                                  (A)   the transitional roster,

 

                                  (B)   the transitional with conditions or restrictions roster;

 

                (c)    current or previous registration in the original jurisdiction where the applicant completed the program referred to in clause (a);

 

                (d)    meeting the registration qualifications in clauses 7(c) to (f).

 

       (3)    The following are the qualifications required for registration of a person who graduated from a nursing program, other than a nursing education program, outside of Canada on or after December 31, 2007, and who is currently registered in another province or territory in Canada:

 

                (a)    graduation from a nursing program outside of Canada on or after December 31, 2007, that

 

                         (i)     is not a nursing education program, and

 

                         (ii)    qualified the applicant to be a registered nurse or equivalent in the jurisdiction of the nursing program at the time the applicant graduated from the nursing program;

 

                (b)    1 of the following:

 

                         (i)     the program referred to in clause (a) together with any additional education or experience acquired by the applicant provides equivalent competencies, as determined by the Executive Director, to a baccalaureate nursing program approved by the Council,

 

                         (ii)    the applicant meets the criteria for entry in 1 of the following rosters:

 

                                  (A)   the transitional roster,

 

                                  (B)   the transitional with conditions or restrictions roster;

 

                (c)    current or previous registration in the original jurisdiction where the applicant completed the program referred to in clause (a);

 

                (d)    meeting the registration qualifications in clauses 7(c) to (f).

 

       (4)    If the Executive Director is satisfied that an applicant meets all of the criteria required by subsections (1), (2) or (3), the applicant’s name must be entered in the register.


Active-Practising Members


Criteria for entry in active-practising roster

10   The Executive Director must record the name of a member in the active-practising roster who meets all of the following criteria:

 

                (a)    the member has paid the applicable licence fee prescribed by the Council;

 

                (b)    the member is not currently subject to any disciplinary finding that would prohibit the practice of nursing;

 

                (c)    the member is not currently under investigation by any registration or licensing authority;

 

                (d)    the member has provided any information the Executive Director requires to establish that the applicant has the capacity, competence, capability and character to safely and ethically practise nursing;

 

                (e)    the member has provided any information the Executive Director requires to establish that Section 43 of the Act does not apply to the applicant;

 

                (f)    except as provided in Section 23, the member is in compliance with the continuing competence program and, if selected to participate in it, the verification process;

Clause 10(f) replaced: O.I.C. 2016-189, N.S. Reg. 154/2016.

 

                (g)    the member meets 1 of the following:

 

                         (i)     the member has graduated from a nursing education program or equivalent program required by clause 8(1)(a) or (b) or subclause 9(1)(b)(i), 9(2)(b)(i) or 9(3)(b)(i) in the 5 years immediately before their application for entry in the active-practising roster,

 

                         (ii)    the member has completed at least 1125 hours in the practice of nursing in the 5 years immediately before their application for entry in the active-practising roster,

 

                         (iii)   the member has completed at least 450 hours in the practice of nursing in the year immediately before their application for entry in the active-practising roster,

 

                         (iv)   as determined by the Executive Director, the member has successfully completed 1 of the following in the 5 years immediately before their application for entry in the active-practising roster:

 

                                  (A)   a registered nurse re-entry program,

 

                                  (B)   a competence assessment,

 

                                  (C)   a program approved by the Council;

 

                         (v)    the member is enrolled in and attending a nursing program approved by the Executive Director, and has met all other criteria for entry in the active-practising roster at the time they enrolled in the program;

 

                (h)    the member’s ability to practise nursing is not subject to any conditions or restrictions.


Entitlements of members in active-practising roster

11   A member whose name is in the active-practising roster is entitled to all of the following:

 

                (a)    use the designation “Registered Nurse”, “Nurse”, or “nurse” or the abbreviation “R.N.”, “RN”, or “Reg.N” in accordance with the Act;

 

                (b)    practise nursing in accordance with the Act;

 

                (c)    be covered under any protective funds to which the College belongs or any group insurance plan in which members are enrolled;

 

                (d)    upon election to the Council, hold office;

 

                (e)    be eligible to serve as an appointed member on any committee of the College;

 

                (f)    be eligible to act as a voting delegate to the annual or special meeting of the College;

 

                (g)    receive copies of official College publications;

 

                (h)    attend and participate in meetings of the College.


Criteria for active-practising with conditions or restrictions roster

12   (1)    The Executive Director must record the name of a member in the active-practising with conditions or restrictions roster who meets all of the criteria for entry in the active-practising roster in Section 10 other than the criterion in clause (h), and has conditions or restrictions placed on their licence as a result of any of the following:

 

                (a)    the conditions or limitations are continued from the member’s previous licence under subsection 10(6) of the Act;

 

                (b)    the conditions or restrictions are placed on the member’s licence by Executive Director under subsection 11(2) of the Act;

 

                (c)    the conditions or restrictions are placed on the member’s licence as a result of a decision of any of the following committees, or an equivalent committee from another jurisdiction:

 

                         (i)     the Complaints Committee,

 

                         (ii)    the Fitness to Practise Committee,

 

                         (iii)   the Professional Conduct Committee,

 

                         (iv)   the Re-instatement Committee,

 

                         (v)    the Registration Appeal Committee,

 

                         (vi)   any committee of the College authorized to impose conditions or restrictions on an active-practising licence.


Entitlements of members in active-practising with conditions or restrictions roster

13   A member in the active-practising with conditions or restrictions roster is entitled to all of the privileges listed in Section 11, subject to the particular conditions or restrictions that are placed on the member’s licence.


Members in Transitional Rosters


Criteria for entry in transitional roster

14   The Executive Director must record the name of a member in the transitional roster who meets all of the following criteria:

 

                (a)    the member meets all the qualifications for registration required by Section 9 other than subclauses 9(1)(b)(i), 9(2)(b)(i) and 9(3)(b)(I);

 

                (b)    the member has paid the applicable fee prescribed by the Council;

 

                (c)    the member meets all of the criteria for entry in the active-practising roster in clauses 10(b) to (g) other than the criterion in subclause (g)(I);

 

                (d)    the member is enrolled in a baccalaureate nursing program approved by the Council, and has agreed to complete the requirements of the baccalaureate nursing program no later than 5 years after the date a transitional licence is first issued to the member.


Entitlements of members in transitional roster

15   A member in the transitional roster is entitled to all of the privileges listed in Section 11.


Criteria for entry in transitional with conditions or restrictions roster

16   The Executive Director must record the name of a member in the transitional with conditions or restrictions roster who meets all of the criteria for entry in the transitional roster required by Section 14 and has conditions or restrictions placed on their licence as a result of any of the following:

 

                (a)    the conditions or restrictions are placed on the member’s licence by [the] Executive Director under subsection 11(2) of the Act;

 

                (b)    the conditions or restrictions are placed on the member’s licence as a result of a decision of any of the following committees, or an equivalent committee from another jurisdiction:

 

                         (i)     the Complaints Committee,

 

                         (ii)    the Fitness to Practise Committee,

 

                         (iii)   the Professional Conduct Committee,

 

                         (iv)   the Re-instatement Committee,

 

                         (v)    the Registration Appeal Committee,

 

                         (vi)   any committee of the College authorized to impose conditions or restrictions on a transitional licence.


Entitlements of members in transitional with conditions or restrictions roster

17   A member in the transitional with conditions or restrictions roster is entitled to all the privileges listed in Section 11, subject to the particular conditions or restrictions that are placed on the member’s licence.


Maximum years that transitional licence may be renewed

18   The maximum number of years that a transitional licence or transitional licence with conditions or restrictions may be renewed under subsection 12(2) of the Act is 5 years from the date the licence is first issued, unless the Executive Director, after a review of the circumstances, determines that the member is eligible for an extension.


Nurse Practitioner Members


Criteria for entry in nurse practitioner roster

19   (1)    The Executive Director must record the name of a member in the nurse practitioner roster who meets all of the following criteria:

 

                (a)    the member holds either

 

                         (i)     an active-practising licence, or

 

                         (ii)    an active-practising licence with conditions or restrictions, and the conditions and restrictions do not relate to practising as a nurse practitioner;

 

                (b)    the member has paid the applicable licence fees prescribed by the Council;

 

                (c)    the member is not currently subject to any disciplinary finding that would prohibit the applicant from practising as a nurse practitioner;

 

                (d)    the member has provided any information the Executive Director requires to establish that the applicant has the capacity, competence, capability and character to safely and ethically engage in the practice of a nurse practitioner;

 

                (e)    for the member’s first application for entry in the nurse practitioner roster, the member has 1 of the following qualifications:

 

                         (i)     the member successfully completed a nurse practitioner examination,

 

                         (ii)    if a nurse practitioner examination is not available, the member successfully completed a competence assessment determined by the Executive Director,

 

                         (iii)   the member graduated from a nurse practitioner program before January 1, 2007;

 

                (f)    the member has completed 1 of the following programs:

 

                         (i)     a nurse practitioner program,

 

                         (ii)    a nursing program that the Council determines to have been, at the time the applicant graduated, equivalent to a nurse practitioner program,

 

                         (iii)   a nursing program before January 1, 2005, that, in addition to a nursing education program and the experience acquired by the applicant, satisfies the Nurse Practitioner Committee that the applicant possesses the necessary competencies to practise as a nurse practitioner;

 

                (g)    except as provided in Section 23, the member is in compliance with the nurse practitioner requirements of the continuing competence program and, if selected to participate in it, the verification process;

Clause 19(1)(g) replaced: O.I.C. 2016-189, N.S. Reg. 154/2016.

 

                (h)    the member complies with subsection (2), if the member

 

                         (i)     graduated from a nurse practitioner program or its equivalent more than 2 years before their application for entry in the nurse practitioner roster, or

 

                         (ii)    met the requirements of subclause (1)(f)(iii) more than 2 years before their application for entry in the nurse practitioner roster;

 

                (i)     the member’s ability to practise as a nurse practitioner is not subject to any conditions or restrictions.

 

       (2)    A member to whom clause (1)(h) applies must meet 1 of the following criteria:

 

                (a)    completion of at least 600 hours of practice as a nurse practitioner in the 2 years immediately before their application for entry in the nurse practitioner roster;

 

                (b)    completion of 1 of the following, as determined by the Executive Director, in the 2 years immediately before their application for entry in the nurse practitioner roster, to determine that the member is competent to practise as a nurse practitioner in a setting that is relevant to the practice and to the client population to be served by the member:

 

                         (i)     a nurse practitioner re-entry program,

 

                         (ii)    a competence assessment to the satisfaction of the Nurse Practitioner Committee, at the applicant’s expense,

 

                         (iii)   any program approved by the Council.


Entitlements of members in nurse practitioner roster

20   A member whose name is in the nurse practitioner roster is entitled to all of the privileges listed in Section 11, and to do all of the following:

 

                (a)    practise as a nurse practitioner in accordance with the Act;

 

                (b)    use the designation “Nurse Practitioner”, or the abbreviation “NP”, “N.P.”, or derivations thereof in accordance with the Act.


Criteria for entry in nurse practitioner with conditions or restrictions roster

21   The Executive Director must record the name of a member in the nurse practitioner with conditions or restrictions roster who meets all the criteria for entry in the nurse practitioner’s roster in Section 19 other than the criterion in clause (i), and has conditions or restrictions imposed on their licence as a result of 1 of the following:

 

                (a)    the conditions or restrictions are placed on the member’s licence by the Executive Director under subsection 57(2) of the Act;

 

                (b)    the conditions or restrictions are placed on the member’s licence as a result of a decision of any of the following committees, or an equivalent committee from another jurisdiction:

 

                         (i)     the Complaints Committee,

 

                         (ii)    the Fitness to Practise Committee,

 

                         (iii)   the Professional Conduct Committee,

 

                         (iv)   the Re-instatement Committee,

 

                         (v)    the Registration Appeal Committee,

 

                         (vi)   any committee of the College authorized to impose conditions or restrictions on a nurse practitioner licence.


Entitlements of member in nurse practitioner with conditions or restrictions roster

22   Subject to the particular conditions or restrictions imposed on the member’s licence, a member in the nurse practitioner with conditions or restrictions roster is entitled to all of the privileges listed in Section 20.


General Licensing


Licences issued without completion of continuing competence program

23   (1)    An applicant for entry in any of the following rosters who satisfies all the criteria for entry into the roster other than completing the requirements of a continuing competence program may be entered into the roster to enable the applicant a total of no more than 3 consecutive months to complete the requirements of the continuing competence program:

 

                (a)    active-practising roster;

 

                (b)    active-practising with conditions or restrictions roster;

 

                (c)    transitional roster;

 

                (d)    transitional with conditions or restrictions roster;

 

                (e)    nurse practitioner roster;

 

                (f)    nurse practitioner with conditions or restrictions roster.

 

       (2)    A licence that is issued subject to subsection (1) expires on the earliest of all of the following dates:

 

                (a)    3 months after the licence’s effective date;

 

                (b)    the last day of the licensing year the licence was issued for;

 

                (c)    the date the applicant completes the requirements of the continuing competence program and is issued a new licence for the remainder of the licensing year.

 

       (3)    A licence issued to an applicant that is subject to subsection (1) cannot be renewed or re-issued during a licensing year.

 

       (4)    The Executive Director must annotate the roster for all licences issued subject to subsection (1).


Restrictions or conditions on previous licence

24   Restrictions or conditions imposed on a member’s licence that have not expired remain in effect on any new licence issued to the member.


Term and renewal of licence other than temporary licence

25   (1)    A licence remains in effect until the end of the licensing year in which it is issued, unless

 

                (a)    these regulations provide that the licence expires earlier than the end of the licensing year;

 

                (b)    it is suspended;

 

                (c)    it is revoked;

 

                (d)    it is replaced with a licence with restrictions or conditions.

 

       (2)    The Executive Director must renew a licence that is renewable if the licence holder does all of the following:

 

                (a)    applies for renewal and pays the applicable renewal fee prescribed by the Council;

 

                (b)    meets all remaining criteria for entry in the applicable roster, except any requirement to pay fees for initial entry into the roster.


Removal of name from roster if licence not renewed

26   (1)    The Executive Director must remove the name of a member who does not renew their licence in accordance with subsection 25(2) from the applicable roster, effective the day after their licence expires, and the member becomes a non-active member until their name is restored under subsection (2).

 

       (2)    The Executive Director must restore the name of a non-active member referred to in (1) to the applicable roster when the member meets the renewal requirements in subsection 25(2) and pays any applicable penalty amount.


Waiver by Executive Director of criteria for registration or licensing

27   The Executive Director may waive any of the criteria for registration or licensing required by these regulations for either of the following reasons:

 

                (a)    it is required by law;

 

                (b)    it is consistent with the objects and purpose of the College and the Executive Director considers it necessary.


Temporary Licence Holders


Entitlements of temporary licence holders

28   The Executive Director may decide whether the holder of a temporary licence or temporary licence (nurse practitioner), with or without conditions or restrictions, is permitted to use the designations set out in

 

                (a)    for a temporary licence, clause 11(a);

 

                (b)    for a temporary licence (nurse practitioner), clause 20(b).


Expiry of temporary licences

29   (1)    A temporary licence or a temporary licence with conditions or restrictions, issued under Section 14 of the Act expires on the earliest of all of the following dates:

 

                (a)    if the licence holder fails the applicable registration examination, a date set by the Executive Director respecting the failure of the examination;

 

                (b)    the date that a licence, other than a temporary licence, is issued to the licence holder;

 

                (c)    the expiry date of the licence;

 

                (d)    the date the licence is suspended or revoked under the professional conduct process.

 

       (2)    A temporary licence (nurse practitioner) or a temporary licence (nurse practitioner) with conditions or restrictions, issued under Section 59 of the Act expires on the earliest of all of the following dates:

 

                (a)    if the licence holder fails the applicable registration examination, a date set by the Executive Director respecting the failure of the examination;

 

                (b)    the date that a nurse practitioner’s license [licence], other than a temporary licence, is issued to the licence holder;

 

                (c)    the expiry date of the licence;

 

                (d)    the date the licence is suspended or revoked under the professional conduct process.

 

       (3)    When the Executive Director becomes aware that a holder of any of the following licences has failed the applicable registration examination the number of times set by the Council, the Executive Director must notify the licence holder’s employer of the failure:

 

                (a)    a temporary licence or a temporary licence with conditions or restrictions;

 

                (b)    a temporary licence (nurse practitioner) or a temporary licence (nurse practitioner) with conditions or restrictions.

Section 29 replaced: O.I.C. 2016-189, N.S. Reg. 154/2016.


Section 30 repealed: O.I.C. 2016-189, N.S. Reg. 154/2016.


Affiliations


Categories of affiliation

31   The following are the categories of affiliation under the Act:

 

                (a)    non-practising;

 

                (b)    non-active;

 

                (c)    honorary-life;

 

                (d)    honorary;

 

                (e)    student;

 

                (f)    registered nurse (retired).


Non-practising members

32   (1)    A member is entitled to become a non-practising member if the member meets all of the following criteria:

 

                (a)    the member was eligible in the past for entry in 1 of the following rosters:

 

                         (i)     active-practising roster,

 

                         (ii)    active-practising with conditions or restrictions roster,

 

                         (iii)   transitional roster,

 

                         (iv)   transitional roster with conditions or restrictions roster;

 

                (b)    the member is not subject to any disciplinary finding that would prohibit them from practising nursing;

 

                (c)    the member is not currently practising nursing in the Province;

 

                (d)    the member has paid the applicable fee prescribed by the Council.

 

       (2)    A non-practising member is entitled to all of the following:

 

                (a)    attend and participate in, but not vote at, meetings of the College;

 

                (b)    be eligible to serve as a member on any committee of the College, but is not eligible for election to the Council;

 

                (c)    receive copies of the official College publications.


Non-active members

33   (1)    A member whose name does not appear on any roster, and who is not a non-practising member is a non-active member of the College.

 

       (2)    A non-active member is entitled to attend and participate in, but not vote at, meetings of the College.


Honorary life members

34   (1)    By resolution, the Council may grant an honorary life membership to a member who has rendered distinguished or valuable service to the nursing profession.

 

       (2)    An honorary life member is entitled to all of the following:

 

                (a)    remain entered in the applicable roster if the member meets the prescribed criteria for the licence category;

 

                (b)    the same rights and privileges as a non-practising member under subsection 32(2).


Honorary affiliation

35   (1)    By resolution, the Council may grant an honorary affiliation with the College to any person, other than a member, who has rendered distinguished service or valuable assistance to the nursing profession.

 

       (2)    A person whose name is entered in the honorary category of affiliation is entitled to the same rights and privileges as a non-practising member, along with any other rights and privileges the Council may grant.


Student affiliation

36   (1)    A student may be entered in the student category of affiliation if the student meets all of the following criteria:

 

                (a)    they are currently enrolled as a student in a nursing program approved by the Council for affiliation purposes;

 

                (b)    they have paid the applicable fee prescribed by the Council.

 

       (2)    A student whose name is entered in the student category of affiliation is entitled to all of the following:

 

                (a)    attend and participate in, but not vote at, meetings of the College;

 

                (b)    receive official College publications.


Registered nurse (retired) affiliation

37   (1)    A registered nurse (retired) affiliation may be granted to any person who applies and meets all of the following criteria:

 

                (a)    they previously held an active-practising licence or its equivalent from another jurisdiction;

 

                (b)    they have not had their licence revoked and not reinstated;

 

                (c)    they do not currently hold an active-practising licence;

 

                (d)    they are not practising nursing or holding themselves out as having the authority to practise nursing.

 

       (2)    A person who is granted a registered nurse (retired) affiliation is entitled to use the designation “registered nurse (retired)”, or any derivation or abbreviation of it.


Records kept of affiliated persons

38   The Executive Director must keep records of persons who are entered into any category of affiliation under Section 31.


Part III: Records and Audit of Records


Records of members’ hours of work

39   (1)    A member must keep a record of the hours that the member worked in the practice of nursing that covers at least the immediately previous 5 years.

 

       (2)    A member who has worked as a nurse practitioner must keep a record of the hours that the member worked in the practice of a nurse practitioner that covers at least the immediately previous 2 years.


Audit of records

40   The College may at any time conduct an audit of records kept under Section 39 to ensure the validity of data that is recorded on applications to the College respecting hours worked in the practice of nursing or as a nurse practitioner.


Part IV: Committees


Education Advisory Committee


Nursing education programs

41   For a nursing education program, the Education Advisory Committee must ensure all of the following:

 

                (a)    the curriculum provides the necessary learning experiences for students to achieve professional practice and ethical standards and entry-level competencies;

 

                (b)    program activities and resources support the achievement of program goals and expected outcomes;

 

                (c)    the program provides students with opportunities to demonstrate progress toward achieving professional practice and ethical standards and entry-level competencies;

 

                (d)    the program provides appropriate clinical experience and assessment of that experience to ensure that students meet the entry-level competencies;

 

                (e)    the program prepares graduates to practise according to professional practice and ethical standards and the competency requirements for entry-level practitioners.


Nurse practitioner program

42   For a nurse practitioner program, the Education Advisory Committee must ensure all of the following:

 

                (a)    the curriculum provides the necessary learning experiences for students to achieve professional practice and ethical standards and entry-level competencies for beginning nurse practitioners;

 

                (b)    program activities and resources support the achievement of program goals and expected outcomes;

 

                (c)    the program provides students with opportunities to demonstrate progress toward achieving professional practice and ethical standards and entry-level competencies for beginning nurse practitioners;

 

                (d)    the program provides appropriate clinical experience and assessment of that experience to demonstrate that graduates of the program are competent to practise as beginning nurse practitioners;

 

                (e)    the program prepares graduates to practise according to practice and ethical standards and entry-level competencies for beginning nurse practitioners.


Registered nurse re-entry program

43   For a registered nurse re-entry program, the Education Advisory Committee must ensure all of the following:

 

                (a)    the curriculum provides learning experiences necessary for learners to achieve professional practice and ethical standards and entry-level competencies;

 

                (b)    program activities and resources support the achievement of program goals and expected outcomes;

 

                (c)    learners are provided with opportunities to demonstrate progress towards achieving professional practice and ethical standards and entry-level competencies;

 

                (d)    the program provides appropriate clinical experience and assessment of that experience to demonstrate that graduates of the program meet entry-level competencies;

 

                (e)    graduates are prepared to practise according to practice and ethical standards and entry-level competencies.


Nurse practitioner re-entry program

44   For a nurse practitioner re-entry program, the Education Advisory Committee must ensure all of the following:

 

                (a)    the curriculum provides learning experiences necessary for learners to achieve professional practice and ethical standards and nurse practitioner competencies;

 

                (b)    program activities and resources support the achievement of program goals and expected outcomes;

 

                (c)    learners are provided with opportunities to demonstrate progress towards achieving professional practice and ethical standards and nurse practitioner competencies;

 

                (d)    the program provides appropriate clinical experience and assessment of that experience to demonstrate that graduates of the program meet nurse practitioner competencies;

 

                (e)    graduates are prepared to practise according to practice and ethical standards and nurse practitioner competencies.


Interdisciplinary NP Practice Review Committee


Composition of Interdisciplinary NP Practice Review Committee

45   The Interdisciplinary NP Practice Review Committee consists of all of the following:

 

                (a)    3 community-based nurse practitioners appointed by the Council;

 

                (b)    3 acute-care-based nurse practitioners appointed by the Council;

 

                (c)    2 nurse practitioners engaged in the education of nurse practitioners, appointed by the Council;

 

                (d)    1 representative appointed by the College of Physicians and Surgeons of Nova Scotia, with power to designate an alternate physician representative;

 

                (e)    1 representative appointed by the College of Pharmacists of Nova Scotia, with power to designate an alternate pharmacist representative;

 

                (f)    1 representative from employers of nurse practitioners in the Province, appointed by the Council;

 

                (g)    1 public representative member of the Council.


Quorum of Interdisciplinary NP Practice Review Committee

46   A quorum of the Interdisciplinary NP Practice Review Committee consists of all of the following:

 

                (a)    2 representatives from the nurse practitioners appointed under clause 45(a);

 

                (b)    2 representatives from the nurse practitioners appointed under clause 45(b);

 

                (c)    1 representative from the nurse practitioners appointed under clause 45(c);

 

                (d)    the representatives appointed under clauses 45(d) and (e), or their alternates;

 

          (d)[(e)]   the employer representative appointed under clause 45(f) or the public representative appointed under clause 45(g).


Functions of the Interdisciplinary NP Practice Review Committee

47   (1)    At intervals approved by the Council, and in the manner determined by the Council, the Interdisciplinary NP Practice Review Committee must review the practice of nurse practitioners through a quality monitoring and improvement program.

 

       (2)    Each person on the Interdisciplinary NP Practice Review Committee has all the rights, powers and privileges of a commissioner appointed under the Public Inquiries Act.


Composition of Nurse Practitioner Committee

48   The Nurse Practitioner Committee must be composed of the representatives determined by the Council.


Quorum of Nurse Practitioner Committee

49   A quorum of the Nurse Practitioner Committee consists of any 3 members of the Committee.


Functions of the Nurse Practitioner Committee

50   (1)    The Nurse Practitioner Committee must conduct competence assessments for nurse practitioners, or applicants for entry in the nurse practitioner’s roster or nurse practitioner with conditions or restrictions roster in any of the following circumstances:

 

                (a)    a nurse practitioner has changed practice settings or is working with a different client population;

 

                (b)    a competence assessment is required by the Act or these regulations.

 

       (2)    If, after conducting a competence assessment, the Nurse Practitioner Committee finds that a nurse practitioner may not be practising in accordance with the standards for nurse practitioners or the competencies established for nurse practitioners, the Nurse Practitioner Committee may

 

                (a)    request that the nurse practitioner take any remedial action the Committee considers appropriate; and

 

                (b)    refer the matter to the Executive Director if the remedial action requested under clause (a) is not taken.


Part V: Professional Conduct


Investigation and Executive Director Disposition of Complaint


Executive Director actions on receiving complaint

51   On receiving a complaint under Section 35 of the Act, the Executive Director must do 1 of the following:

 

                (a)    dismiss the complaint and notify the complainant and the respondent of this disposition if the Executive Director decides that any of the following apply:

 

                         (i)     the complaint is outside the jurisdiction of the College,

 

                         (ii)    the complaint cannot be substantiated,

 

                         (iii)   the complaint is frivolous or vexatious,

 

                         (iv)   the complaint constitutes an abuse of process,

 

                         (v)    the complaint does not allege facts that, if proven, would constitute professional misconduct, conduct unbecoming, incompetence or incapacity, or would merit a counsel or a caution, or both;

 

                (b)    informally resolve the complaint if the Executive Director considers that the complaint may be satisfactorily resolved consistent with the objects of the College;

 

                (c)    authorize the resignation of the member;

 

                (d)    if the matter is not referred to the Fitness to Practise Committee, begin an investigation by sending copies of the complaint to an investigator and the respondent.


Investigating complaint

52   (1)    When investigating a complaint under clause 51(d), an investigator may do 1 or more of the following:

 

                (a)    request additional documents and written or oral explanations from the complainant, the respondent or third parties;

 

                (b)    request an interview with the complainant, the respondent or third parties;

 

                (c)    informally resolve the complaint in the interests of the respondent, the complainant, the public and the College.

 

       (2)    An investigator may investigate any matter relating to the respondent that arises in the course of the investigation, in addition to the complaint, that may constitute any of the following:

 

                (a)    professional misconduct;

 

                (b)    conduct unbecoming;

 

                (c)    incompetence;

 

                (d)    incapacity.

 

       (3)    A respondent may submit medical and any other information relevant to the complaint to an investigator.

 

       (4)    After completing an investigation, an investigator must send a report of the investigation to the Executive Director,


Actions of Executive Director after investigation

53   On receiving a report from an investigator under subsection 52(4), the Executive Director may do 1 of the following:

 

                (a)    dismiss the complaint and notify the complainant and the respondent if the Executive Director is satisfied that

 

                         (i)     any of the criteria in subclauses 51(a)(i) to (v) apply, or

 

                         (ii)    the evidence that might reasonably be believed could not support a finding of misconduct, conduct unbecoming, incompetence or incapacity, or would not merit a counsel or a caution, or both;

 

                (b)    informally resolve the complaint if the Executive Director determines that the complaint may be satisfactorily resolved consistent with the objects of the College, and that failure to resolve the complaint will result in the complaint being referred to the Complaints Committee;

 

                (c)    authorize the resignation of the member;

 

                (d)    refer the complaint and the report of the investigation to the Complaints Committee.


Fines imposed for practising without licence

54   (1)    If the Executive Director is satisfied that an investigation establishes that a member has practised nursing while the member did not hold a valid licence, the Executive Director may fine the member an amount approved by the Council.

 

       (2)    If a member fails to pay a fine imposed under subsection (1), the Executive Director must immediately refer the matter to the Complaints Committee.

 

       (3)    On receiving a referral under subsection (2), the Complaints Committee may direct the Executive Director to suspend the member’s licence or suspend the ability of the member to obtain a licence until the fine is paid, together with any reinstatement fee ordered by the Complaints Committee.

 

       (4)    A fine imposed on a member under subsection (1) is not a licensing sanction against the member and must not be reported on a certificate of standing sent to other nursing jurisdictions.

 

       (5)    The Executive Director may take such steps, at the expense of a member who has been suspended for non-payment of a fine under this Section, to bring the suspension to the attention of the public and other affected individuals the Executive Director considers necessary.


Review of complaint dismissal

55   (1)    No later than 30 days after a complainant is notified of the dismissal of their complaint by the Executive Director, the complainant may submit a written request for review of the dismissal to the Executive Director.

 

       (2)    The Executive Director must send any request for review of a complaint dismissal received in accordance with subsection (1) to the Complaints Committee.

 

       (3)    A review of a complaint dismissal must be made by a 3-member panel of the Complaints Committee appointed under subsection 33(5) of the Act and designated by the Chair of the Committee to conduct the reviews.

 

       (4)    On reviewing a complaint dismissal under this Section, a panel of the Complaints Committee may, by majority ruling, do any of the following:

 

                (a)    confirm the dismissal of some or all of the complaint;

 

                (b)    order an investigation of any aspects of the complaint that have not been dismissed and direct that a written report of the investigation be provided and the matter be considered by another panel of the Complaints Committee appointed under subsection 33(5) of the Act.


Referring complaint to Complaints Committee during investigation

56   The Executive Director may refer a complaint to the Complaints Committee at any time during an investigation for the Complaints Committee to

 

                (a)    provide direction with regard to the investigation; or

 

                (b)    exercise any of the powers conferred upon it under the Act and these regulations.


Additional information to Complaints Committee

57   (1)    At any time, the Complaints Committee may direct an investigator to conduct any investigation the Complaints Committee considers necessary.

 

       (2)    At any time before or during a meeting held under clause 58(1)(b), the Complaints Committee may receive information in addition to the report of the investigation if the information is relevant to the matters before it.

 

       (3)    If the Complaints Committee receives additional information under subsection (2), the respondent must be given an opportunity to respond to the information.


Complaints Committee Disposition of Complaint


Powers of Complaints Committee and disposition of complaint

58   (1)    When a matter is referred to a Complaints Committee, it must do 1 of the following:

 

                (a)    dismiss the complaint and provide any guidance the Complaints Committee considers useful to the complainant, the respondent or any other person associated with the complaint, if the Complaints Committee determines that any of the following apply:

 

                         (i)     the complaint is outside the jurisdiction of the College,

 

                         (ii)    the complaint cannot be substantiated,

 

                         (iii)   the complaint is frivolous or vexatious,

 

                         (iv)   the complaint constitutes an abuse of process,

 

                         (v)    the complaint does not allege facts that, if proven, would constitute professional misconduct, conduct unbecoming, incompetence or incapacity, or would merit a counsel or a caution, or both;

 

                (b)    give the complainant, the respondent, and any other person the Complaints Committee considers appropriate a reasonable opportunity to appear before the Complaints Committee and to submit representations, explanations and documentation, including medical information and other information relevant to the complaint.

 

       (2)    After the Complaints Committee has given the parties the opportunity to appear before the Committee under clause (1)(b), the Complaints Committee may require the respondent to do 1 or more of the following:

 

                (a)    submit to physical or mental examinations by a qualified person or persons designated by the Complaints Committee, and authorize the reports from the examinations to be given to the Complaints Committee;

 

                (b)    submit to a review of their practice by a qualified person or persons designated by the Complaints Committee, and authorize a copy of the review to be given to the Complaints Committee;

 

                (c)    complete a competence assessment or other assessment or examination the Complaints Committee directs to determine whether the respondent is competent to practise nursing, and authorize the assessment or examination report to be given to the Complaints Committee;

 

                (d)    produce any records or documents kept about the respondent’s practice.

 

       (3)    After the Complaints Committee has given the parties the opportunity to appear before the Committee under clause (1)(b), the Committee must do 1 or more of the following:

 

                (a)    dismiss the complaint and provide any guidance the Complaints Committee considers useful to the complainant, the respondent or any other person associated with the complaint;

 

                (b)    counsel the respondent;

 

                (c)    caution the respondent;

 

                (d)    with the respondent’s consent, order that the respondent receive a reprimand and that the reprimand be communicated to the respondent, the complainant and any other person the Complaints Committee considers appropriate;

 

                (e)    with the respondent’s consent, impose conditions or restrictions, or both, on the respondent’s licence;

 

                (f)    if a determination is made that the matter or matters warrant a hearing, refer the matter or matters to the Professional Conduct Committee;

 

                (g)    informally resolve the complaint, including authorizing the respondent’s resignation from the Register and any rosters the respondent is entered in.

 

       (4)    A reprimand issued in accordance with clause (3)(d), and conditions and restrictions imposed under clause (3)(e) are licensing sanctions against a respondent and must be dealt with in the same manner as a finding made by the Professional Conduct Committee under Section 51 of the Act.


Failing to comply with requirement of Complaints Committee

59   If a respondent fails to comply with a requirement under subsection 58(2), or otherwise fails to comply with a direction of the Complaints Committee, the Complaints Committee may suspend or restrict the respondent’s licence until the suspension or restriction is lifted, superseded or annulled by the Complaints Committee or the Professional Conduct Committee.


Costs of complying with requirement of Complaints Committee

60   Expenses incurred for a respondent to comply with a requirement under subsection 58(2) must be initially paid by the College but may be awarded as costs against the respondent under Section 87.


Settlement Proposals


Preparing and tendering settlement proposals

61   (1)    A settlement proposal may be tendered in writing to the other party at any time before a hearing begins.

 

       (2)    A settlement proposal must include all of the following:

 

                (a)    sufficient facts to provide context for the admissions of the respondent and the agreed disposition;

 

                (b)    an admission or admissions by the respondent to 1 or more of the allegations set out in the notice of hearing;

 

                (c)    the respondent’s consent to a specified disposition, conditional upon the acceptance of the settlement proposal by the Complaints Committee and the Professional Conduct Committee.

 

       (3)    If both parties agree with the settlement proposal tendered under subsection (1), the College must refer the settlement proposal to the Complaints Committee for consideration.

 

       (4)    The parties may agree to use a mediator to prepare a settlement proposal, and the costs for the mediator must be divided equally between the College and the respondent, unless the parties agree to a different division of the costs.


Complaints Committee actions when settlement proposal referred

62   (1)    The Complaints Committee may recommend acceptance of a settlement proposal if satisfied that all of the following criteria are met:

 

                (a)    the public is protected;

 

                (b)    the conduct or its causes can be, or has been, successfully remedied or treated, and the respondent is likely to successfully pursue any remediation or treatment required;

 

                (c)    settlement is in the best interests of the public and the profession.

 

       (2)    If the Complaints Committee recommends acceptance of a settlement proposal, the Complaints Committee must refer the settlement proposal to the Professional Conduct Committee for consideration.

 

       (3)    If the Complaints Committee does not recommend acceptance of a settlement proposal, the Complaints Committee must do 1 of the following:

 

                (a)    recommend changes to the settlement proposal that

 

                         (i)     if agreed upon by the parties will result in acceptance by the Complaints Committee, or

 

                         (ii)    if not agreed upon by the parties, will result in rejection by the Complaints Committee;

 

                (b)    reject the settlement proposal and refer the complaint considered by the Complaints Committee to the Professional Conduct Committee for a hearing.


Professional Conduct Committee actions when settlement proposal referred

63   (1)    If the Professional Conduct Committee accepts a settlement proposal, the settlement proposal may form the full decision of the Professional Conduct Committee or may form part of a written decision of the Professional Conduct Committee and, except as provided in subsection 64(3) for a breach of the settlement proposal, there is no hearing.

 

       (2)    If the Professional Conduct Committee does not accept a settlement proposal, it must do 1 of the following:

 

                (a)    suggest amendments to the settlement proposal and return it to the parties for review;

 

                (b)    reject the settlement proposal and refer the matter to another panel of the Professional Conduct Committee for a hearing.

 

       (3)    If both parties do not agree with the amendments to a settlement proposal made under clause (2)(a), the settlement proposal is deemed to be rejected and the matter must be referred to another panel of the Professional Conduct Committee for a hearing.

 

       (4)    If both parties agree with the amendments to a settlement proposal made under clause (2)(a), the settlement proposal must be sent back to the Complaints Committee who must do 1 of the following:

 

                (a)    accept the settlement proposal;

 

                (b)    reject the settlement proposal and refer the matter to another panel of the Professional Conduct Committee for a hearing.

 

       (5)    A person who sits on a panel of the Professional Conduct Committee that reviews a rejected settlement proposal must not sit on a panel of the Professional Conduct Committee that conducts a hearing related to the same complaint.


Settlement proposals and hearings

64   (1)    If a settlement proposal is rejected by the Professional Conduct Committee, a hearing must proceed without reference to the settlement proposal or any admissions contained in the settlement proposal until after the Professional Conduct Committee has determined whether professional misconduct, conduct unbecoming, incompetence or incapacity has been proven.

 

       (2)    Before deciding whether to award costs in a hearing, the Professional Conduct Committee may be given a copy of any settlement proposals exchanged between the parties.

 

       (3)    Any alleged breach by a respondent of any aspect of an accepted settlement proposal must be referred to a Professional Conduct Committee and may form the subject of a new hearing.

 

       (4)    A settlement proposal may include any disposition that could be ordered by the Professional Conduct Committee under the Act or these regulations.


Fitness to Practise Committee


Assessment for incapacity

65   (1)    When considering whether to refer a matter to the Fitness to Practise Committee under Section 39 of the Act, the Executive Director must consider whether the member is eligible for referral to the Fitness to Practise Committee according to criteria for eligibility approved by the Council, and only then may request that the member undergo an assessment for incapacity.

 

       (2)    The Executive Director must process a complaint about a member involving allegations of incapacity as a complaint in accordance with the Act and these regulations if the member does not agree to undergo an assessment under subsection (1).

 

       (3)    If no complaint is made, the Executive Director may process a disclosure made to the College under Section 39 of the Act as a complaint in accordance with the Act and these regulations if the member does not agree to undergo an assessment under subsection (1).

 

       (4)    If the results of an assessment under subsection (1) do not establish that the member is or was incapacitated, the Executive Director must determine whether any aspect of the matter requires further action under the Act or these regulations.

 

       (5)    If a member is not eligible for referral to the Fitness to Practise Committee according to criteria for eligibility approved by the Council, the Executive Director must determine whether any aspect of the matter requires further action under the Act or these regulations.


Remedial agreement

66   (1)    If the results of an assessment for incapacity establish incapacity of a member, the College may propose a remedial agreement to the member, setting out such terms and conditions the College considers appropriate to meet the objects of the College.

 

       (2)    If a member and the College agree to terms and conditions of a remedial agreement, the remedial agreement must be sent to the Fitness to Practise Committee for approval.

 

       (3)    If a member and the College do not agree to the terms and conditions of a remedial agreement, the Executive Director must process the matter as a complaint in accordance with the Act and these regulations.


Fitness to Practise Committee disposition

67   (1)    On receiving a proposed remedial agreement, the Fitness to Practise Committee must do 1 of the following:

 

                (a)    approve the remedial agreement, if the Fitness to Practise Committee is satisfied that all of the following are met:

 

                         (i)     the public is protected,

 

                         (ii)    the conduct or its causes can be, or have been, successfully remedied or treated, and the member is likely to successfully pursue any remediation or treatment required,

 

                         (iii)   the agreement is in the best interest of the public and the profession;

 

                (b)    recommend changes to the remedial agreement that

 

                         (i)     if agreed upon by the College and the member, will result in acceptance by the Fitness to Practise Committee, or

 

                         (ii)    if not agreed upon by the College and the member, will result in rejection by the Fitness to Practise Committee;

 

                (c)    reject the remedial agreement and refer the matter to the Complaints Committee.

 

       (2)    A remedial agreement approved by the Fitness to Practise Committee may contain any of the following:

 

                (a)    conditions or restrictions on the member’s licence, or an undertaking to refrain from practice;

 

                (b)    terms and conditions that must be satisfied by the member before the member returns to practice;

 

                (c)    terms, conditions or restrictions applicable after the member returns to practice.

 

       (3)    Any conditions or restrictions placed on a member’s licence under a remedial agreement must be noted on the member’s licence and in the College’s records, and the Executive Director may notify the member’s present or intended employer and any other individuals of the conditions or restrictions.

 

       (4)    If a member voluntarily undertakes not to practise nursing until certain conditions of their remedial agreement have been completed, the Executive Director may notify the member’s present or intended employer and any other individuals, and must do all of the following:

 

                (a)    retrieve the licence from the member;

 

                (b)    remove the member’s name from any applicable rosters;

 

                (c)    notify other Canadian nursing jurisdictions and any other jurisdictions where the member is known to have been registered.


Publication of Fitness to Practise Committee’s decision

68   Subject to any publication bans imposed by the Fitness to Practise Committee, the Fitness to Practise Committee must prepare a written decision regarding its disposition of a matter referred to it and

 

                (a)    must direct the Executive Director to provide a copy of its decision to the member and, if applicable, the complainant;

 

                (b)    may direct the Executive Director to provide a copy of the decision or portions of the decision to any past, present or intended employers of the member and any other individuals;

 

                (c)    may direct the Executive Director to provide notification to other Canadian nursing jurisdictions and any other jurisdictions where the member is known to have practised nursing.


Jurisdiction of Fitness to Practise Committee

69   (1)    The Fitness to Practise Committee retains jurisdiction over a member who is subject to ongoing terms and conditions of a remedial agreement.

 

       (2)    The Fitness to Practise Committee must refer the matter to the Complaints Committee for processing as a complaint under the Act and these regulations if the Fitness to Practise Committee determines that a member who is subject to a remedial agreement does any of the following:

 

                (a)    fails to meet the terms and conditions of their remedial agreement;

 

                (b)    poses a threat to the public;

 

                (c)    poses a threat to their own health or safety or the health or safety of others.


Hearings


Notice of hearing

70   (1)    A notice of hearing sent by registered mail is deemed to have been served on the date it was posted.

 

       (2)    A notice of hearing must state the details of the charges and state that the respondent has the right to be represented by legal counsel, a union representative or another representative.


Amendment of notice of hearing

71   (1)    At any time before or during a hearing, the Professional Conduct Committee may, on its own motion or on the motion of a party to the hearing, amend or alter the notice of hearing for any of the following reasons:

 

                (a)    to correct an alleged defect in substance or form;

 

                (b)    to make the notice conform to the evidence, if there appears to be a difference between the evidence and the notice or if the evidence discloses any of the following that is not stated in the notice:

 

                         (i)     potential professional misconduct,

 

                         (ii)    potential conduct unbecoming,

 

                         (iii)   potential incapacity or incompetence.

 

       (2)    A respondent must be given an opportunity to respond to an amendment or alteration to a notice of hearing made by the Professional Conduct Committee.

 

       (3)    After receiving the respondent’s response under subsection (2), the Professional Conduct Committee may decide that an amendment or alteration to the notice of hearing should not be made and, if considered appropriate, may refer any new allegations to the Executive Director for processing as a new complaint under the Act and these regulations.


Public notice of hearing

72   The College must give public notice of any scheduled hearings through its web site or any alternate means the College considers appropriate, including notice of all of the following:

 

                (a)    the date, time and location of the hearing;

 

                (b)    reference to any application being made for an order to exclude the public under subsection 73(2).


Attendance at a hearing

73   (1)    Except as provided in subsection (2) or (3), a hearing is open to the public.

 

       (2     At the request of a party, the Professional Conduct Committee may order that the public, in whole or in part, be excluded from a hearing or any part of it if the Professional Conduct Committee is satisfied that any of the following apply:

 

                (a)    personal, medical, financial or other matters that may be disclosed at the hearing are of such a nature that avoiding public disclosure of those matters in the interest of the public or any person affected outweighs adhering to the principle that hearings should be open to the public;

 

                (b)    the safety of any person may be jeopardized by permitting public attendance.

 

       (3)    The Professional Conduct Committee may make an order that the public be excluded from a part of a hearing that deals with a request for an order to exclude the public in whole or in part under subsection (2).

 

       (4)    The Professional Conduct Committee may make any orders that it considers necessary, including orders prohibiting publication or broadcasting, to prevent the public disclosure of matters disclosed in a hearing or in any part of a hearing dealing with an order under subsection (2) or (3).

 

       (5)    Subject to any order made under this Section, the Professional Conduct Committee must state at a hearing its reasons for any order made under this Section.


Hearing procedures

74   (1)    A complainant cannot participate as a party at a hearing.

 

       (2)    The Professional Conduct Committee may determine any additional rules of procedure for hearings that are not covered by the Act or these regulations.

 

       (3)    Witnesses at a hearing must testify under oath or affirmation.

 

       (4)    An oath or affirmation taken at a hearing may be administered by any member of the Professional Conduct Committee or other person in attendance authorized by law to administer oaths or affirmations.

 

       (5)    The Professional Conduct Committee may order the respondent to do 1 or more of the following during a hearing:

 

                (a)    submit to physical or mental examinations by a qualified person or persons designated by the Professional Conduct Committee and authorize examination reports to be given to the Professional Conduct Committee;

 

                (b)    submit to a review of the respondent’s practice by a qualified person or persons designated by the Professional Conduct Committee and authorize a copy of the review to be given to the Professional Conduct Committee;

 

                (c)    submit to a competence assessment or other assessment or examination the Professional Conduct Committee directs to determine whether the respondent is competent to practise nursing and authorize the assessment report or examination to be given to the Professional Conduct Committee;                  

 

                (d)    produce any records kept about the respondent’s practice that the Professional Conduct Committee considers appropriate.


Failing to comply with requirement of Professional Conduct Committee

75   If a respondent fails to comply with a requirement under subsection 74(5), the Professional Conduct Committee may suspend the respondent’s licence or ability to obtain a licence until the respondent complies.


Costs of respondent complying with requirement of Professional Conduct Committee

76   The expenses incurred for a respondent to comply with a requirement under subsection 74(5) must initially be paid by the College but may be awarded as costs against a respondent under Section 87.


Respondent fails to attend hearing

77   After receiving proof of service of the notice of hearing in accordance with Section 46 of the Act, the Professional Conduct Committee may proceed with the hearing in the respondent’s absence and take any action authorized under the Act and these regulations without further notice to the respondent.


Subpoenaed witness fees

78   Witnesses who are present under subpoena at a hearing are entitled to the same allowances as witnesses attending a trial of an action in the Supreme Court of Nova Scotia.


Recording evidence at hearing

79   (1)    All evidence presented to the Professional Conduct Committee must be recorded by a person authorized by the College.

 

       (2)    Evidence may be presented at a hearing in any manner that the Professional Conduct Committee considers appropriate, and the Committee is not bound by the rules of law respecting evidence applicable to judicial proceedings.


Preserving evidence

80   Evidence obtained by the Professional Conduct Committee and information obtained by the Complaints Committee or an investigator regarding a complaint that has not been dismissed by the Complaints Committee must be preserved electronically or otherwise for at least 5 years from the date the evidence is presented or the information is obtained.


Disposition by Professional Conduct Committee

81   A Professional Conduct Committee that finds professional misconduct, conduct unbecoming, incompetence or incapacity on the part of a respondent may include any of the following in the Committee’s disposition of the matter:

 

                (a)    revoke the respondent’s registration and any licence held by the respondent and direct the Executive Director to remove the respondent’s name from the applicable rosters;

 

                (b)    revoke any licence held by the respondent, and direct the Executive Director to remove the respondent’s name from the applicable rosters;

 

                (c)    for a respondent who held a temporary licence at the time of the incident giving rise to the complaint, revoke the respondent’s ability to register or require the respondent to comply with any conditions or restrictions imposed by the Committee if registration is granted;

 

                (d)    authorize the respondent to resign from the Register and direct the Executive Director to remove the respondent’s name from the applicable rosters once the respondent has resigned;

 

                (e)    suspend the respondent’s licence for a specific period of time and direct the Executive Director to remove the respondent’s name from the applicable rosters;

 

                (f)    suspend the respondent’s ability to obtain a licence or licences for a specified period of time;

 

                (g)    suspend the respondent’s licence or licences until any conditions the Professional Conduct Committee orders are complied with;

 

                (h)    impose any restrictions or conditions, or both, on the respondent’s licence or licences;

 

                (i)     reprimand the respondent and direct that the reprimand be recorded in the records of the College;

 

                (j)     direct the respondent to pass a particular course of study or satisfy the Professional Conduct Committee or any other committee established under the Act of the respondent’s general competence to practise or competence in a particular field of the practice of nursing;

 

                (k)    direct the respondent to obtain medical treatment;

 

                (l)     direct the respondent to obtain any counselling that the Professional Conduct Committee considers appropriate;

 

                (m)   for findings that involve practising nursing while not holding a valid licence or practising as a nurse practitioner while not holding a valid licence, direct the respondent to pay a fine in an amount determined by the Professional Conduct Committee;

 

                (n)    publish or disclose its findings in accordance with the Act and these regulations.


Written decision of Professional Conduct Committee

82   The Professional Conduct Committee must prepare a written report of its disposition of a hearing that includes the reasons for the decision, and must provide copies of its decision or information in accordance with Section 84.


Publication bans imposed by Professional Conduct Committee

83   (1)    If requested by a party, and after hearing from both parties, the Professional Conduct Committee may impose a publication ban at any time during a hearing, or on some or all of its decision, subject to such terms as determined by the Professional Conduct Committee.

 

       (2)    The Professional Conduct Committee must give reasons for any decision to impose a publication ban.


Disclosing and publishing decisions and licensing sanctions imposed without hearing

84   (1)    Except as prohibited by any publication bans, the Executive Director must do all of the following for any licensing sanction that is issued other than through a hearing:

 

                (a)    in addition to the annotations required to be made in the Register under Section 25 of the Act, make appropriate entries in the rosters of the College, the licence status section of the College’s web site and any licence the member holds;

 

                (b)    publish a summary of the decision in accordance with subsection (2) in all of the following:

 

                         (i)     the College’s web site,

 

                         (ii)    the professional conduct digest retained by the College and available to the public,

 

                         (iii)   any official publication determined by the Committee rendering the decision;

 

                (c)    notify all of the following of the licensing sanction ordered, and include any other information requested by the other licensing jurisdictions:

 

                         (i)     registering bodies in other Canadian nursing jurisdictions,

 

                         (ii)    registering bodies in the original nursing jurisdiction,

 

                         (iii)   registering bodies in other nursing jurisdictions where the member is known to have been registered;

 

                (d)    give the respondent a copy of the decision;

 

                (e)    give any of the decision that the Committee permits to the complainant;

 

                (f)    give any of the following to any person the Committee making the decision directs:

 

                         (i)     notice of the decision,

 

                         (ii)    a summary of the decision,

 

                         (iii)   parts of the decision,

 

                         (iv)   a copy of the decision.

 

       (2)    Except for information that must be excluded under subsection (3), the summary of the decision required by clause (1)(b) must be prepared by the College and must contain all of the following information:

 

                (a)    the member’s name, city or town of residence and registration number;

 

                (b)    the provision of the Act or these regulations under which the licensing sanction is issued;

 

                (c)    the date of the decision;

 

                (d)    the allegations that were upheld by the Professional Conduct Committee or the Complaints Committee or, for a consent revocation, the allegations that were either admitted by or not contested by the respondent;

 

                (e)    whether the allegations amounted to professional misconduct, conduct unbecoming, incompetence or incapacity;

 

                (f)    the disposition ordered by the Complaints Committee or the Professional Conduct Committee;

 

                (g)    the reasons for the decision;

 

                (h)    any information the College considers necessary to meet the objects of the College.

 

       (3)    If allegations have been found to constitute incapacity, the specific nature of the incapacity must not be included in the summary of the decision published under clause (1)(b).


Disclosing and publishing decisions and licensing sanctions imposed through hearing

85   Except as prohibited by any publication bans, the Executive Director must take all of the actions set out in clauses 84(1)(a), (c), (d), (e) and (f) for any licensing sanction issued following a hearing, and in addition must do all of the following:

 

                (a)    publish a summary of the decision in any official publication determined by the Professional Conduct Committee;

 

                (b)    publish a copy of the full decision on the College web site and in the Professional Conduct Digest of the College.


Consent revocation

86   (1)    A respondent who does not contest the allegations or admits to some or all of the allegations set out in a complaint or a notice may, with the consent of the College ask the Professional Conduct Committee to revoke the respondent’s registration or licence, or both.

 

       (2)    The Professional Conduct Committee may consent to the revocation of the respondent’s registration or licence, or both, in accordance with subsection (1) with or without conditions, or may refuse consent.

 

       (3)    A respondent who consents to the revocation of their registration or licence, or both, must in all respects be treated as though their registration or licence, or both, were revoked by the Professional Conduct Committee.

 

       (4)    Notification of a revocation under this Section must be given in accordance with Section 85.


Costs awarded after hearing

87   (1)    For purposes of this Section, “costs” includes all of the following:

 

                (a)    expenses incurred by the College in the investigation of a complaint;

 

                (b)    expenses incurred by the College for the activities of the Complaints Committee and the Professional Conduct Committee;

 

                (c)    expenses incurred for a respondent to comply with a requirement under subsection 58(2) or 74(5);

 

                (d)    the College’s solicitor and client costs, including disbursements and HST, relating to the investigation and hearing of the complaint, including those of College counsel and counsel for the Professional Conduct Committee;

 

                (e)    fees for retaining a court reporter and preparing transcripts of the proceedings;

 

                (f)    travel costs and reasonable expenses of any witnesses, including expert witnesses, required to appear at a hearing.

 

       (2)    Except when awarded costs under this Section, a respondent is responsible for all expenses incurred in their defence.

 

       (3)    If the Professional Conduct Committee finds professional misconduct, conduct unbecoming, incompetence or incapacity on the part of a respondent, it may order that the respondent pay costs in whole or in part.

 

       (4)    If the Professional Conduct Committee considers that a hearing was not necessary, it may order the College to pay some or all of the respondent’s costs.

 

       (5)    The Executive Director may suspend the licence of any respondent who fails to pay the costs within the time ordered until payment is made or satisfactory arrangements for payment are made.


Reinstatement


Applying for reinstatement

88   (1)    An application for reinstatement of registration or a licence must be sent in writing to the Executive Director together with the applicable application fee.

 

       (2)    An application must include any information the Re-instatement Committee requires to assist it in determining whether the objects of the College will be met if reinstatement is granted.


Investigation concerning reinstatement application

89   (1)    On receiving an application for reinstatement, the Executive Director may request that an investigation be conducted to gather relevant and appropriate information concerning the application.

 

       (2)    A person who conducts an investigation must give a written report to the Re-instatement Committee and the applicant that contains all material relevant to the application, including the decision of the Professional Conduct Committee that revoked the applicant’s registration or licence, and any relevant information gathered during the investigation.

 

       (3)    The Re-instatement Committee must set a date for a proceeding to review a reinstatement application and must advise the applicant of the date.

 

       (4)    Evidence before the Re-instatement Committee must be taken under oath and recorded, and is subject to cross-examination.


Attendance at proceeding for review of reinstatement application

90   (1)    Except as provided in subsection (2), a proceeding to review a reinstatement application is open to the public.

 

       (2)    At the request of a party, the Re-instatement Committee may order that the public, in whole or in part, be excluded from a proceeding to review a reinstatement application or any part of it if the Re-instatement Committee is satisfied that any of the following apply:

 

                (a)    personal, medical, financial or other matters that may be disclosed at the proceeding are of such a nature that avoiding public disclosure of those matters in the interest of the public interest or any person affected outweighs adhering to the principle that hearings should be open to the public;

 

                (b)    the safety of any person may be jeopardized by permitting public attendance.

 

       (3)    The Re-instatement Committee may make an order that the public be excluded from a part of a proceeding that deals with a request for an order to exclude the public in whole or in part under subsection (2).

 

       (4)    The Re-instatement Committee may make any orders it considers necessary, including orders prohibiting publication or broadcasting of those matters, to prevent the public disclosure of matters disclosed in a proceeding or any part of a proceeding dealing with an order under subsection (2) or (3).

 

       (5)    Subject to any order made under this Section, the Re-instatement Committee must state at the proceeding to review a reinstatement application its reasons for any order made under this Section.


Decision of Re-instatement Committee

91   (1)    After considering the evidence and the representations from an applicant and the College representative, the Re-instatement Committee must decide to accept or reject the reinstatement application and communicate its decision, together with reasons, in writing to the applicant and to the Executive Director.

 

       (2)    If the Re-instatement Committee accepts a reinstatement application, the Committee may impose any restrictions and conditions it considers appropriate relating to the reinstatement of the applicant, and the applicant must satisfy all criteria required for a licence.

 

       (3)    Except as provided in subsection (4), a decision of the Re-instatement Committee concerning an application for reinstatement is final.

 

       (4)    An applicant may resubmit a reinstatement application no sooner than

 

                (a)    1 year after the date of the Re-instatement Committee’s initial decision to reject their application; or

 

                (b)    after a period longer than the period in clause (a), as determined by the Re-instatement Committee that rejected the initial application.


Costs of reinstatement application

92   (1)    For purposes of this Section, “costs” includes all of the following:

 

                (a)    expenses incurred by the College in the investigation of a reinstatement application;

 

                (b)    expenses incurred by the College for the activities of the Re-instatement Committee;

 

                (c)    the College’s solicitor and client costs, including disbursements and HST, relating to a reintstatement application and proceeding, including those of College counsel and counsel for the Re-instatement Committee;

 

                (d)    fees for retaining a court reporter and preparing transcripts of reinstatement proceedings;

 

                (e)    travel costs and reasonable expenses of any witnesses, including expert witnesses, required to appear at a reinstatement proceeding.

 

       (2)    An applicant is responsible for all expenses incurred in their reinstatement application and proceeding.

 

       (3)    Whether the application is accepted or rejected, the Re-instatement Committee may recover costs from the applicant.

 

       (4)    The Executive Director may suspend the licence of any person who fails to pay the costs within the time ordered until payment is made or satisfactory arrangements for payment are made.