Nursing Regulations
made under Section 10 of the
Nursing Act
S.N.S. 2019, c. 8
O.I.C. 2019-158 (effective June 4, 2019), N.S. Reg. 76/2019
Table of Contents
Please note: this table of contents is provided for convenience of reference and does not form part of the regulations.
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Interpretation
Citation
Definitions
Board and Committee Members
Registrant members of Board
Term of office for Board members
Public advertising for public representatives
Settlement Agreements
Mediator used to prepare settlement agreement
Referral of settlement agreement to Complaints Committee
Complaints Committee actions when proposed settlement agreement referred
Professional Conduct Committee actions when proposed settlement agreement referred
Written decision on settlement agreement and notice
New panel members
Rejected settlement agreements and hearings
Settlement negotiations and decision to award costs in hearing
Breach of settlement agreement
Reinstatement
Applications for reinstatement
Investigation concerning reinstatement application
Notice of reinstatement hearing
Attendance at hearing for review of reinstatement application
Evidence at reinstatement hearing
Parties to Reinstatement Committee hearing
Decision of reinstatement committee
Reinstatement eligibility
Costs and expenses for reinstatement application and hearing
Publication of Reinstatement Committee’s decision
Submitting a new application for reinstatement
Practice Reviews
Function of the Practice Review Committee
Referral for practice review
Conducting practice review
Practice review report
Remediation and risk
Interpretation
Citation
1 These regulations may be cited as the Nursing Regulations.
Definitions
2 In these regulations,
“party” is further defined to include an applicant for reinstatement, as the context
requires;
“reviewer” means a reviewer selected by the Practice Review Committee to
conduct a practice review.
Board and Committee Members
Registrant members of Board
3 Registrant members of the Board must be elected by registrants in the manner set out in
the bylaws.
Term of office for Board members
4 The term of office for both registrant and public representative Board members is 3
years.
Public advertising for public representatives
5 The Chief Executive Officer must publicly advertise to invite expressions of interest in
serving as a public representative on a regulatory committee.
Settlement Agreements
Mediator used to prepare settlement agreement
6 (1) The parties may agree to use a mediator to prepare a proposed settlement
agreement.
(2) The costs for a mediator must be divided equally between the College and the
respondent, unless the parties agree to a different division of the costs.
Referral of settlement agreement to Complaints Committee
7 The procedure for a settlement agreement agreed to under subsection 79(3) of the Act is
for the Chief Executive Officer to refer the proposed agreement to Complaints
Committee for consideration.
Complaints Committee actions when proposed settlement agreement referred
8 (1) The Complaints Committee may recommend acceptance of a proposed settlement
agreement if satisfied that all of the following criteria are met:
(a) the public is protected;
(b) if the respondent is permitted to continue practising, the conduct or its
causes can be, or has [have] been, successfully remedied or treated, and the
respondent is likely to successfully pursue any required remediation or
treatment;
(c) settlement is in the best interests of the public and the profession.
(2) If the Complaints Committee recommends acceptance of a proposed settlement
agreement, the Complaints Committee must refer the proposed settlement
agreement to the Professional Conduct Committee for consideration.
(3) If the Complaints Committee does not recommend acceptance of a proposed
settlement agreement, the Complaints Committee must do 1 of the following:
(a) recommend changes to the proposed settlement agreement 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 proposed settlement agreement and refer the complaint considered
by the Complaints Committee to the Professional Conduct Committee for a
hearing.
Professional Conduct Committee actions when proposed settlement agreement referred
9 (1) The Professional Conduct Committee may accept a proposed settlement agreement
if the criteria set out in subsection 8(1) have been met.
(2) If the Professional Conduct Committee does not accept a proposed settlement
agreement, it must do 1 of the following:
(a) recommend changes to the proposed settlement agreement;
(b) reject the proposed settlement agreement.
(3) If both parties agree with changes recommended to a proposed settlement
agreement under clause (2)(a), the proposed agreement must be referred back to
the Professional Conduct Committee for acceptance.
(4) If a proposed settlement agreement is rejected under subsection (2) or if both
parties do not accept changes recommended under clause (2)(a), the matter must be
referred to another panel of the Professional Conduct Committee for a hearing.
Written decision on settlement agreement and notice
10 (1) When the Professional Conduct Committee accepts or rejects a proposed
settlement agreement, the Committee must issue a written decision that includes
the reasons for accepting or rejecting the proposed settlement agreement.
(2) The Professional Conduct Committee must provide a copy of any decision
rejecting a proposed settlement to all of the following:
(a) the parties;
(b) any persons it considers appropriate.
(3) In Section 107 of the Act “where a licensing sanction has been issued without a
hearing” includes circumstances in which a settlement agreement results in the
registrant’s resignation.
(4) The Professional Conduct Committee must provide a copy of any decision
accepting a proposed settlement agreement to the Chief Executive Officer for
distribution and publication as required by Section 107 of the Act.
New panel members
11 A person who sits on a panel of the Professional Conduct Committee that reviews a
rejected proposed settlement agreement must not sit on a panel of the Professional
Conduct Committee that conducts a hearing related to the same complaint.
Rejected settlement agreements and hearings
12 (1) If a proposed settlement agreement is rejected by the Professional Conduct
Committee, a hearing must proceed without reference to the proposed settlement
agreement or any admissions contained in the proposed settlement agreement until
after the Professional Conduct Committee has determined whether professional
misconduct, conduct unbecoming, incompetence or incapacity has been proven.
(2) Despite subsection (1), the parties may advance agreements on facts and joint
submissions during a hearing, regardless of whether a proposed settlement
agreement was rejected.
Settlement negotiations and decision to award costs in hearing
13 Before deciding whether to award costs in a hearing under clause 103(1)(o) of the Act, a
party may give the Professional Conduct Committee and the other party a copy of any
correspondence exchanged between the parties regarding settlement negotiations,
including copies of proposed settlement agreements.
Breach of settlement agreement
14 (1) If any term of a settlement agreement is alleged to have been breached, the matter
must be referred to the Complaints Committee for processing as a complaint under
the Act.
(2) A member of the Complaints Committee or Professional Conduct Committee who
considered a settlement agreement that is alleged to have been breached remain[s]
eligible to serve on a committee that is considering the alleged breach.
Reinstatement
Applications for reinstatement
15 (1) An application for reinstatement of registration or reinstatement of a licence under
Section 112 of the Act must be in a form approved by the Chief Executive Officer
and sent in writing to the Chief Executive Officer together with the applicable
application fee.
(2) The applicant must provide any information that the Reinstatement Committee
requires to assist it in determining whether the objects of the College will be met if
reinstatement is granted.
Investigation concerning reinstatement application
16 (1) The Chief Executive Officer may appoint an investigator to gather relevant and
appropriate information concerning an application for reinstatement.
(2) An investigator appointed under subsection (1) must provide a report of the
information gathered during the investigation to the Chief Executive Officer.
(3) The Chief Executive Officer must prepare a written report to the Reinstatement
Committee and the applicant that contains all material relevant to the application,
including all of the following:
(a) the Professional Conduct Committee’s decision that revoked the applicant’s
registration or licence;
(b) the investigator’s report, if an investigator has been appointed under
subsection (1);
(c) any relevant information gathered during the investigation.
(4) The Chief Executive Officer’s report under subsection (3) must include a statement
from the Chief Executive Officer setting out the College’s position regarding the
reinstatement application.
Notice of reinstatement hearing
17 (1) The Reinstatement Committee must set a date, time and location for a hearing to
review a reinstatement application and must advise the applicant of the date.
(2) The Chief Executive Officer must give public notice of a reinstatement hearing
through its website, or by any alternative means the Chief Executive Officer
considers appropriate, including notice of all of the following:
(a) the date, time and location of the hearing;
(b) any request for an order to exclude the public under subsection 18(4);
(c) any information required by the bylaws.
Attendance at hearing for review of reinstatement application
18 (1) Except as provided in subsection (2), a hearing to review a reinstatement
application is open to the public.
(2) At the request of a party, the Reinstatement Committee may order that the public,
in whole or in part, be excluded from a hearing, or any part of a hearing, to review
a reinstatement application if the Reinstatement 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 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 Reinstatement 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 Reinstatement 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 hearing or any part of a
hearing dealing with an order under subsection (2) or (3).
(5) Subject to any order made under this Section, the Reinstatement Committee must
state at the hearing its reasons for any order made under this Section.
Evidence at reinstatement hearing
19 Evidence before the Reinstatement Committee must be taken under oath and is subject
to cross-examination.
Parties to Reinstatement Committee hearing
20 The parties to a hearing before the Reinstatement Committee are
(a) the applicant for reinstatement; and
(b) the College, as represented by the Chief Executive Officer or a person
designated by the Chief Executive Officer.
Decision of reinstatement committee
21 (1) After considering the evidence and the representations from the parties, the
Reinstatement Committee must decide to accept or reject a reinstatement
application.
(2) The Reinstatement Committee must communicate its decision under subsection
(1), together with reasons, in writing to all of the following:
(a) the applicant;
(b) the Chief Executive Officer.
(3) If the Reinstatement Committee accepts a reinstatement application, the
Committee may impose any restrictions and conditions it considers appropriate
relating to the reinstatement of the applicant.
Reinstatement eligibility
22 To be eligible for reinstatement, an applicant must meet the criteria for registration and
licensing under the Act and these regulations in addition to any restrictions and
conditions imposed by the Reinstatement Committee under subsection 21(3).
Costs and expenses for reinstatement application and hearing
23 (1) An applicant is responsible for all their expenses incurred in a reinstatement
application and hearing.
(2) Whether an application for reinstatement is accepted or rejected, the Reinstatement
Committee may make an order to recover costs from the applicant, and the costs
must be paid by the date specified in the order.
Publication of Reinstatement Committee’s decision
24 The Reinstatement Committee’s decision must be published and disclosed in the manner
directed by the Reinstatement Committee, subject to any publication bans it has
imposed.
Submitting a new application for reinstatement
25 If an application for reinstatement is rejected, the applicant may not submit a new
reinstatement application until
(a) 1 year after the date of the Reinstatement Committee’s prior decision to
reject their application, and on such conditions as are determined by the
Reinstatement Committee; or
(b) a date that is after the period in clause (a), as determined by the
Reinstatement Committee that rejected the prior reinstatement application,
and on such conditions as are determined by that Committee.
Practice Reviews
Function of the Practice Review Committee
26 The function of the Practice Review Committee is to oversee the conduct of practice
reviews.
Referral for practice review
27 (1) Registrants must be referred for practice reviews by the Practice Review
Committee in a manner that is consistent with the direction of the Board.
(2) A registrant referred for a practice review, and their employer, must participate in
and cooperate with the practice review.
Conducting practice review
28 (1) A practice review must be conducted by a reviewer or reviewers who are selected
by the Practice Review Committee in accordance with criteria determined by the
Committee.
(2) A practice review of a registrant may include any of the following:
(a) observation of the registrant’s practice;
(b) review of documentation related to the registrant’s practice;
(c) interviews with colleagues, supervisors and other individuals who may have
information relevant to the review;
(d) any additional activities related to the registrant’s practice that are approved
by the Practice Review Committee.
(3) When requested by a reviewer or the Practice Review Committee, a registrant and
their employer must
(a) permit the reviewer to enter the premises where the registrant practises;
(b) permit the reviewer to inspect and, when needed, make copies of clients’
health care records for the purposes of the practice review;
(c) provide the reviewer or Committee with any information requested.
(4) While conducting a practice review, a reviewer or the Practice Review Committee
may confer with other individuals associated with the registrant’s practice and may
disclose to those individuals any information, including clients’ health care
information, that they consider necessary to fully conduct the review.
(5) While conducting a practice review, the Practice Review Committee may require a
registrant to undergo a competence assessment and determine the specifics of the
competence assessment in accordance with Section 168 of the Act.
Practice review report
29 (1) On completing a practice review, the reviewer must provide a report of the review
to the Practice Review Committee.
(2) The Practice Review Committee must consider the report and set out its
observations and conclusions in writing to the registrant.
(3) The conclusions of the Practice Review Committee may include requirements for
remediation or recommendations for improvement, or both.
Remediation and risk
30 (1) The Practice Review Committee must oversee any remediation that is required for
a registrant who has undergone a practice review.
(2) If a reviewer conducting a practice review has reasonable grounds to believe a
registrant poses a risk to the public or the profession, the reviewer must
immediately report the matter to the Practice Review Committee.
(3) The Practice Review Committee may disclose to the Chief Executive Officer any
information necessary to permit the Chief Executive Officer to take appropriate
action under the Act, if any of the following occurs:
(a) a registrant is not cooperating with a practice review;
(b) a registrant is not complying with the Practice Review Committee’s
remediation requirements;
(c) the Practice Review Committee has reasonable grounds to believe that the
registrant poses a risk to the public or profession that cannot be adequately
addressed within the authority of the Practice Review Committee.
(4) The information disclosed under subsection (3) may include any information
obtained during the practice review, including the results of any competence
assessment and remediation.