This consolidation is unofficial and is for reference only. For the official version of the regulations, consult the original documents on file with the Office of the Registrar 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 Office of the Registrar of Regulations assumes no responsibility for any discrepancies that may have resulted from reformatting. This electronic version is copyright © , 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.
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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1 These regulations may be cited as the Nursing Regulations.
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.
3 Registrant members of the Board must be elected by registrants in the manner set out in the bylaws.
4 The term of office for both registrant and public representative Board members is 3 years.
5 The Chief Executive Officer must publicly advertise to invite expressions of interest in serving as a public representative on a regulatory committee.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
19 Evidence before the Reinstatement Committee must be taken under oath and is subject to cross-examination.
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.
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.
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).
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.
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.
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.
26 The function of the Practice Review Committee is to oversee the conduct of practice reviews.
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.
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.
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.
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.
N.S. Reg. 76/2019
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.
The current consolidation of the Nursing Regulations made under the Nursing Act includes all of the following regulations:
How in force
Part II Issue
Jun 4, 2019
Jun 21, 2019
The following regulations are not yet in force and are not included in the current consolidation:
How in force
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
Note that changes to headings are not included in the above table.
Editorial Notes and Corrections
Repealed and Superseded
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.