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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.
Click here to go to the text of the regulations.

 

 

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 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 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.



 

 


Legislative History
Reference Tables

Nursing Regulations

N.S. Reg. 76/2019

Nursing Act

Note:  The information in these tables does not form part of the regulations and is compiled by the Office of the Registrar of Regulations for reference only.

Source Law

The current consolidation of the Nursing Regulations made under the Nursing Act includes all of the following regulations:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

76/2019

Jun 4, 2019

date specified

Jun 21, 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The following regulations are not yet in force and are not included in the current consolidation:

N.S.
Regulation

In force
date*

How in force

Royal Gazette
Part II Issue

 

 

 

 

 

 

 

 

 

 

 

 

*See subsection 3(6) of the Regulations Act for rules about in force dates of regulations.

Amendments by Provision

ad. = added
am. = amended

fc. = fee change
ra. = reassigned

rep. = repealed
rs. = repealed and substituted

Provision affected

How affected

..........................................................

 

 

 

 

 

 

 

 

 

Note that changes to headings are not included in the above table.

Editorial Notes and Corrections

 

Note

Effective
date

 

 

 

 

 

 

 

 

 

Repealed and Superseded

N.S.
Regulation

Title

In force
date

Repealed
date

 

 

 

 

Note:  Only regulations that are specifically repealed and replaced appear in this table.  It may not reflect the entire history of regulations on this subject matter.