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*An Act to Amend the Registered Nursing Assistants Act

Legislature :
54
Session :
4
Bill No. :
49
Member :
Mr. Forbes
First Reading :
2002-5-10
Second Reading :
2002-5-29
Committee of the Whole :
Amended :
Third Reading :
2002-5-29
Royal Assent :
2002-6-7

Text of Bill :
      

   WHEREAS The Association of New Brunswick Registered Nursing Assistants prays that it be enacted as hereinafter set forth;
   
   AND WHEREAS it is desirable to amend the Registered Nursing Assistants Act to bring greater uniformity to the profession throughout Canada;
   
   THEREFORE, Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of New Brunswick, enacts as follows:

1(1)            The title of the Registered Nursing Assistants Act, chapter 60 of the Acts of New Brunswick, 1977, is repealed and the following is substituted:

                                                                         Licensed Practical Nurses Act

1(2)            Where in any Act other than this Act, or in any regulation, rule, order, by-law, agreement, or other instrument or document, reference is made to the Registered
Nursing Assistants Act, it shall be read, unless the context requires otherwise, as a reference to the Licensed Practical Nurses Act.

2                   The preamble of the Act is amended

   (a)       by striking out “Registered Nursing Assistants” and substituting “Licensed Practical Nurses”;

   (b)       by striking out “REGISTERED NURSING ASSISTANTS ACT” and substituting “LICENSED PRACTICAL NURSES ACT”.

3                   Section 1 of the Act is amended:

   (a)       in the English version of the definition of “approved school of nursing assistants” by striking out “Executive Committee” and substituting “Board of Directors”;

   (b)       in the English version of the definition of “approved school of nursing assistants” by striking out “nursing assistants” and substituting “practical nurses”;

   (c)       in the definition of “Association” by striking out “Registered Nursing Assistants” and substituting “Licensed Practical Nurses”;

   (d)       in the English version of the definition of “nursing assistant”, by striking out “nursing assistant” and substituting “practical nurse”.

   (e)       in the English version of the definition of “nursing assistant”, by striking out “nursing assistants” and substituting “practical nurses”.

4                   Section 2 of the Act is repealed and the following is substituted:

2                   All persons registered as practical nurses in New Brunswick are eligible for membership in the Association and shall constitute the “Association of New Brunswick
Licensed Practical Nurses” which shall be a body politic and corporate with perpetual succession and a common seal, and shall have all the powers of a company incorporated
under the Companies Act.

5                   Section 4 of the Act is amended

   (a)       in the English version of paragraph (1)(e) by striking out “nursing assistants” and substituting “practical nurses”;

   (b)       by repealing subsection (2) and substituting the following:

4(2)            There shall be a Board of Directors elected for a 2 year term at every other Annual Meeting and said Board of Directors shall consist of a President, First Vice-President,
Second Vice-President, Secretary and Treasurer and the Past President shall also be a member of the Board of Directors.

   (c)       by adding after subsection (2) the following:

4(3)            Notwithstanding anything contained in the Act, or any amendments thereto, any by-laws or regulations made by the Board of Directors respecting eligibility for
registration, curriculum of education, training requirements, professional examinations, continuing education, standards of practice and conflicts of interest shall be approved by
the Minister of Health and Wellness.

6                   Section 5 of the Act is amended

   (a)       in subsection (1) of the English version by striking out “Executive Committee” and substituting “Board of Directors”;

   (b)       by repealing subsection (2) and substituting the following:

5(2)            The Board of Directors shall be composed of the elected officers referred to in subsection 4(2), and members at large, not to exceed 15, and the members at large shall be
appointed by the executive or elected pursuant to a procedure as set out in the by-laws.

7                   Section 5.1 of the English version of the Act is amended by striking out “Executive Committee” and substituting “Board of Directors”.

8                   Section 6 of the Act is repealed and the following is substituted:

6                   The minimum educational qualifications for admission as a student practical nurse shall be graduation from a high school academic education program, containing three
compulsory subjects at the senior high school level in science, mathematics and language, or equivalent training and or education as determined by by-law.

9                   Section 7 of the English version of the Act is amended

   (a)       in the portion preceding paragraph (a) by striking out “Executive Committee” and substituting “Board of Directors”;

   (b)       in paragraph (c) by striking out “Nursing Assistant Education” and substituting “Practical Nursing Education”.

10                Section 8 of the English version of the Act is amended

   (a)       in paragraph (a) by striking out “nursing assistants” and substituting “practical nurses”;

   (b)       in paragraph (c) by striking out “nursing assistants” and substituting “practical nurses”;

   (c)       in paragraph (d) by striking out “nursing assistants” and substituting “practical nurses”.

11                Section 9 of the Act is amended

   (a)       by repealing subsection (2) and substituting the following:

9(2)            The Board of Directors shall set the inactive membership fee for each calendar year and shall stipulate methods and times of payment of such fee.

   (b)       in the English version of subsection (3) by striking out “executive” and substituting “Board of Directors”;

   (c)       in the English version of subsection (5) by striking out “executive” and substituting “Board of Directors”.

12                Section 10 of the English version of the Act is amended by striking out “Executive Committee” and substituting “Board of Directors”.

13(1)       Subsection 11(1) of the Act is amended

   (a)       by repealing paragraph (a) and substituting the following:

   (a)       is of good character;

   (b)       by repealing paragraph (b);

   (c)       by repealing paragraph (c) and substituting the following:

   (c)         has completed the syllabus and experience prescribed by the by-laws.

13(2)       Subsection 11(2) of the Act is repealed and the following is substituted:

11(2)       A certificate of approval for an approved school of practical nursing shall be issued annually by the Board of Directors if the Board of Directors is satisfied that the
school is operated by the New Brunswick Community College and if the curriculum meets the standards as set out by the Association in the by-laws.

13(3)       Subsection 11(3) of the Act is amended

   (a)       in the English version by striking out “Nursing assistants” and substituting “Practical nurses”;

   (b)       by striking out “Association of New Brunswick Registered Nursing Assistants” and substituting “Association of New Brunswick Licensed Practical Nurses”.

14                Section 13 of the Act is amended

   (a)       in the English version of subsection (1) by striking out “Executive Committee” and substituting “Board of Directors”;

   (b)       by repealing subsection (2) and substituting the following:

13(2)       Each application for examination shall be filed at the head office of the Association and shall be accompanied by the fee fixed by the Association.

15                Section 14 of the Act is repealed and the following is substituted:

14                Practical nurses in good standing who are registered in any other province or country and whose qualifications are approved by the Board of Directors may be registered
without examination on proof of registration and proof that he or she has successfully completed the Assessment Strategies Incorporated examination or equivalent and he or she
has satisfied such other guidelines as may be established by by-law.

16                Section 15 of the English version of the Act is amended by striking out “Executive Committee” and substituting “Board of Directors”.

17                Subsection 17(1) of the Act is repealed and the following is substituted:

17(1)       No person who is not duly registered under this Act as a member of the Association shall either directly or indirectly by advertisement, signs or statements of any kind,
advertise, allege or claim by any means whatsoever, that he or she is a licensed practical nurse, or take or use any name, title, addition or description implying or calculated to lead
people to infer that he or she is registered under this Act or is recognized by law as a licenced practical nurse.

18                Subsection 17(2) of the Act is amended by striking out “one hundred dollars” and substituting “one thousand dollars”.

19                Section 18 of the Act is amended

   (a)       in subsection (1) by striking out “registered nursing assistant” and substituting “licensed practical nurse”;

   (b)       in subsection (2) by striking out “registered nursing assistant” and substituting “licensed practical nurse”.

20                Subsection 19(2) of the English version of the Act is amended by striking out “Executive Committee” and substituting “Board of Directors”.

21                Section 20 of the English version of the Act is amended by striking out “Executive Committee” and substituting “Board of Directors”.

22                Section 25 of the Act is amended

   (a)       in the English version of subsection (2) by striking out “Executive Committee” and substituting “Board of Directors”;

   (b)       in paragraph (2)(a) by striking out “registered nursing assistant” and substituting “licensed practical nurse”;

   (c)       in paragraph (2)(b) by striking out “registered nursing assistant” and substituting “licensed practical nurse”;

   (d)       in the English version of subsection (3) by striking out “Executive Committee” and substituting “Board of Directors”;

   (e)       in subsection (4) by striking out “registered nursing assistant” and substituting “licensed practical nurse”.

23                The heading “Executive Committee may request investigation” preceding section 28 of the English version of the Act is amended by striking out “Executive
Committee” and substituting “Board of Directors”.

24                Section 28 of the English version of the Act is amended by striking out “Executive Committee” and substituting “Board of Directors”.

25                Section 29 of the English version of the Act is amended by striking out “Executive Committee” and substituting “Board of Directors”.

26                The heading “Action by Executive Committee to protect public” preceding section 33 of the English version of the Act is amended by striking out “Executive
Committee” and substituting “Board of Directors”.

27                Section 33 of the English version of the Act is amended

   (a)       in subsection (1) by striking out “Executive Committee” and substituting “Board of Directors”;

   (b)       in subsection (2) by striking out “Executive Committee” and substituting “Board of Directors”;

   (c)       in paragraph (2)(a) by striking out “Committee’s” and substituting “Board’s”;

   (d)       in paragraph (2)(b) by striking out “Committee” and substituting “Board”;

   (e)       in subsection (3) by striking out “Executive Committee” and substituting “Board of Directors”;

   (f)         in subsection (5) by striking out “Executive Committee” and substituting “Board of Directors”;

   (g)       in subsection (6) by striking out “Executive Committee” and substituting “Board of Directors”.

28                Section 51 of the Act is amended by striking out “registered nursing assistant” and substituting “licensed practical nurse”.

29                The heading “Executive Committee may suspend certificate of registration” preceding section 60 of the English version of the Act is amended by striking out
“Executive Committee” and substituting “Board of Directors”.

30                Subsection 60(1) of the English version of the Act is amended by striking out “Executive Committee” and substituting “Board of Directors”.

31                Paragraph 70(b) of the English version of the Act is amended by striking out “Executive Committee” and substituting “Board of Directors”.

32                Section 78 of the English version of the Act is amended by striking out “Executive Committee” and substituting “Board of Directors”.

33                Section 80 of the Act is amended

   (a)       in subsection (1) by striking out “Health and Community Services” and substituting “Health and Wellness”;

   (b)       in subsection (2) by striking out “Health and Community Services” and substituting “Health and Wellness”;

34                Section 82 of the English version of the Act is amended by striking out “Executive Committee” and substituting “Board of Directors”.

35                The heading “Executive Committee may apply for injunction” preceding section 83 of the English version of the Act is amended by striking out “Executive
Committee” and substituting “Board of Directors”.

36                Subsection 83(1) of the English version of the Act is amended by striking out “Executive Committee” and substituting “Board of Directors”.

37                Form 1 of the Act is amended by striking out “Registered Nursing Assistants” and substituting “Licensed Practical Nurses”.


 

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