Copyright and Disclaimer Print


AR 232/2005 REGISTERED NURSES PROFESSION REGULATION

(Consolidated up to 201/2018)

ALBERTA REGULATION 232/2005

Health Professions Act

REGISTERED NURSES PROFESSION REGULATION

Table of Contents

                1      Definitions

                2      Register categories

Registration

                3      Registered nurse register — new applicants

                4      Nurse practitioner register — new applicants

                5      Certified graduate nurse register

                6      Provisional registration

                7      Courtesy registration

                8      Equivalent jurisdiction

                9      Substantial equivalence

              10      Registration exam

           10.1      Currency of practice

              11      Good character, reputation

              12      Fitness to practise

           12.1      Liability insurance

              13      English language requirements

Titles and Abbreviations


              14      Authorization to use titles, etc.

Restricted Activities

           14.1      Restrictions

              15      Authorized restricted activities

              17      Supervision of students

           17.1      Applicants for registration

              18      Non‑regulated persons, supervision

Continuing Competence

              19      Continuing competence program

           19.1      Practice reflection

           19.2      Continuing professional development

           19.3      Competence assessment

           19.4      Actions to be taken

           19.5      Continuing competence program rules

           19.6      Distribution of rules

Practice Permit

              21      Renewal requirements

              22      Conditions

Alternative Complaint Resolution

              23      Referral to ACR

              24      ACR conductor

              25      Agreement

              26      Confidentiality

Reinstatement

              27      Application

              28      Review process

              29      Hearing

              30      Deliberations

              31      Decision

              32      Access to decision

Information

              33      Providing information

              34      Correcting information

              35      Section 119 information

Transitional Provisions, Repeals
and Coming into Force

              36      Transitional

           36.1      Transitional — provisional register

              37      Repeals

              38      Coming into force

Definitions

1   In this Regulation,

                               (a)    “approved nursing program” means a nursing education program in Alberta approved by the Nursing Education Program Approval Committee in accordance with nursing education standards and criteria approved by the Council;

                           (a.1)    “approved nurse practitioner program” means a nurse practitioner education program in Alberta approved by the Nursing Education Program Approval Committee in accordance with nursing education standards and criteria approved by the Council;

                           (a.2)    “Bylaws” means the bylaws made by the Council under section 132 of the Act;

                              (b)    “certified graduate nurse register” means the certified graduate nurse register category of the regulated members register;

                               (c)    “College” means the College and Association of Registered Nurses of Alberta;

                              (d)    “Competence Committee” means the competence committee of the College;

                               (e)    “Complaints Director” means the complaints director of the College;

                               (f)    “Council” means the council of the College;

                               (g)    “courtesy register” means the courtesy register category of the regulated members register;

                              (h)    “Hearings Director” means the hearings director of the College;

                               (i)    repealed AR 201/2018 s2;

                               (j)    “nurse practitioner register” means the nurse practitioner register category of the regulated members register;

                              (k)    “Nursing Education Program Approval Committee” means the Nursing Education Program Approval Committee continued pursuant to the Bylaws;

                           (k.1)    “practice year” means a practice year as defined in the Bylaws;

                           (k.2)    “provisional register” means the provisional register category of the regulated members register;

                               (l)    “registered nurse register” means the registered nurse register category of the regulated members register;

                             (m)    “Registrar” means the registrar of the College;

                              (n)    “Registration Committee” means the registration committee of the College;

                              (o)    “registration exam” means a registration examination approved by the Council;

                              (p)    “Reinstatement Review Committee” means a reinstatement review committee of the College;

                           (p.1)    “Standards of Practice” means the standards of practice adopted by the Council in accordance with the Bylaws and section 133 of the Act.

                              (q)    repealed AR 201/2018 s2.

AR 232/2005 s1;201/2018

Register categories

2   The regulated members register established by the Council under section 33(1)(a) of the Act has the following categories:

                               (a)    registered nurse register;

                              (b)    nurse practitioner register;

                               (c)    certified graduate nurse register;

                              (d)    provisional register;

                               (e)    courtesy register.

AR 232/2005 s2; 201/2018

Registration

Registered nurse register — new applicants

3(1)  An applicant for registration as a regulated member on the registered nurse register who has not previously been registered on the registered nurse register must

                               (a)    have successfully completed as an education requirement either

                                        (i)    on and before December 31, 2009, a diploma or baccalaureate degree in nursing from an approved nursing program, or

                                      (ii)    on and after January 1, 2010, a baccalaureate degree in nursing from an approved nursing program,

                              (b)    have passed the applicable registration exam, and

                               (c)    have successfully completed the applicable jurisprudence requirement approved by the Council, if any.

(2)  An applicant for registration under subsection (1) must complete the registration process within the 5 years immediately following the date of completion of the applicable education requirement referred to in subsection (1)(a).

(3)  Despite subsection (2), an applicant who meets the requirements of subsection (1) but does not meet the requirements of subsection (2) may be registered as a regulated member on the registered nurse register if the applicant has met any additional requirements imposed by the Registration Committee.

AR 232/2005 s3;201/2018

Nurse practitioner register — new applicants

4(1)  An applicant for registration as a regulated member on the nurse practitioner register who has not previously been registered on the nurse practitioner register must

                               (a)    have successfully completed

                                        (i)    a master’s degree in nursing from an approved nurse practitioner program, or

                                      (ii)    a post‑master’s certificate or diploma from an approved nurse practitioner program,

                              (b)    have completed 4500 hours of registered nursing practice satisfactory to the Registration Committee,

                               (c)    be registered on the registered nurse register,

                              (d)    have passed the applicable registration exam, and

                               (e)    have successfully completed the applicable jurisprudence requirement approved by the Council, if any.

(2)  An applicant for registration under subsection (1) must, after completing a degree, certificate or diploma referred to in subsection (1)(a), complete the registration process within the time period set by the Council.

(3)  Despite subsection (2), an applicant who meets the requirements of subsection (1) but does not meet the requirements of subsection (2) may be registered as a regulated member on the nurse practitioner register if the applicant has met any additional requirements imposed by the Registration Committee.

AR 232/2005 s4;201/2018

Certified graduate nurse register 

5   An applicant for registration as a regulated member on the certified graduate nurse register who is not currently registered on the certified graduate nurse register must

                               (a)    have previously been registered on the certified graduate nurse register, or

                              (b)    be eligible to be registered on the certified graduate nurse register under section 8.

AR 232/2005 s5;201/2018

Provisional registration

6(1)  An applicant who has applied for registration as a regulated member on the registered nurse register or the nurse practitioner register who has not successfully completed the applicable registration exam or the jurisprudence requirement but has otherwise fulfilled the registration requirements set out in section 3, 4, 8 or 9 may, at the discretion of the Registrar, be registered on the provisional register until the applicant meets the requirements for registration.

(2)  A regulated member registered on the provisional register may only practise

                               (a)    in accordance with conditions specified by the Registrar or Registration Committee, and

                              (b)    while being supervised in accordance with the Standards of Practice.

(3)  The registration of a regulated member on the provisional register is valid for 6 months or a shorter period specified by the Registrar.

(4)  The registration of a regulated member on the provisional register may be renewed, but, except as provided by subsections (7) and (8), a regulated member may not be registered on the provisional register for more than a total period of 12 months.

(5)  If a regulated member registered on the provisional register fails the applicable registration exam once, the Registrar or Registration Committee may specify additional conditions under subsection (2)(a).

(6)  If a regulated member registered on the provisional register fails the applicable registration exam twice, the Registrar shall cancel the regulated member’s registration on the provisional register.

(7)  If a regulated member registered on the provisional register satisfies the Registration Committee that there are extenuating circumstances that prevent the regulated member from successfully completing the applicable registration exam or jurisprudence requirement within 12 months after being registered on the provisional register, the Registration Committee may direct the Registrar to renew the registration of the regulated member on the provisional register, but the regulated member may not be registered on the provisional register for more than a total period of 18 months.

(8)  In the case of the registration of a regulated member as a graduate nurse practitioner, the registration of the regulated member may be renewed so that the regulated member is registered on the provisional register for more than one year but not more than 2 years, if, in the opinion of the Registrar, it is necessary to renew the registration because the registration exam the regulated member is required to pass for the purposes of section 4(1)(d) may not be offered, or may not be offered in time for the results of the exam to be available, during the first year the regulated member is registered on the provisional register.

(9)  If a regulated member registered on the provisional register meets the requirements for registration on the registered nurse register or the nurse practitioner register, the Registrar must remove the regulated member’s name from the provisional register and enter it on the appropriate category of the regulated members register.

AR 232/2005 s6;201/2018

Courtesy registration

7(1)  A person is eligible for registration on the courtesy register if

                               (a)    the person is registered and in good standing as a registered nurse or nurse practitioner or equivalent in another jurisdiction recognized by the Council as having substantially equivalent competencies and practice requirements as those of a registered nurse or nurse practitioner,

                              (b)    the person requires registration in Alberta on a temporary basis for a specified purpose approved by the Registrar, and

                               (c)    the person satisfies the Registrar that the person has the competence to provide the services related to the specified purpose.

(2)  The registration of a person registered on the courtesy register is valid for the term specified by the Registrar, which must not exceed one year.

(3)  On registering a person on the courtesy register, the Registrar shall set out on the courtesy register the title and initials referred to in section 14 that the person is authorized to use.

AR 232/2005 s7;201/2018

Equivalent jurisdiction

8   An applicant for registration on the registered nurse register, the certified graduate nurse register or the nurse practitioner register is eligible to be registered on the registered nurse register, the certified graduate nurse register or the nurse practitioner register, respectively, if the applicant

                               (a)    is currently registered in good standing in another jurisdiction recognized by the Council under section 28(2)(b) of the Act as having substantially equivalent competence and practice requirements,

                              (b)    meets the requirements of section 10.1, and

                               (c)    successfully completes the applicable jurisprudence requirement approved by the Council, if any.

AR 232/2005 s8;201/2018

Substantial equivalence

9(1)  An applicant who does not meet the requirements of section 3 or 4 but who the Registrar is satisfied under section 28(2)(c) of the Act has a combination of education, experience, practice or other qualifications that demonstrate the competence required for registration as a regulated member may be registered on the appropriate register if the applicant

                               (a)    passes the applicable registration exam within the time specified by the Registrar,

                              (b)    meets the requirements of section 10.1, and

                               (c)    has successfully completed the applicable jurisprudence requirement approved by the Council, if any.

(2)  In determining whether or not an applicant’s qualifications are substantially equivalent under subsection (1), the Registrar may require the applicant to undergo examinations, testing and assessment activities to assist with the determination.

(3)  The Registrar may direct the applicant to undergo any education or training activities the Registrar may consider necessary in order for the applicant to be registered.

(4)  The Registrar may require an applicant referred to in subsection (1) to provide any information or evidence the Registrar or Registration Committee considers necessary to assess the applicant’s application.

(5)  Despite subsection (1)(a), the Registration Committee may waive the requirement to have passed the applicable registration exam if there are extenuating circumstances and the Registration Committee is of the opinion that the applicant has sufficient registered nursing experience, knowledge and competence.

AR 232/2005 s9;201/2018

Registration exam

10(1)  An applicant for registration as a regulated member on the registered nurse register must pass the applicable registration exam within 2 years after completion of the educational requirement referred to in section 3(1)(a)(i) or (ii).

(2)  An applicant for registration as a regulated member on the nurse practitioner register must pass the applicable registration exam within 3 years after completion of the educational program referred to in section 4(1)(a)(i) or (ii).

(3)  If an applicant for registration as a regulated member on the registered nurse register does not pass the applicable registration exam within 2 years after completion of the educational requirement referred to in section 3(1)(a)(i) or (ii), the applicant must, before writing or rewriting the applicable registration exam, as the case may be, successfully complete

                               (a)    an approved nursing program leading to initial entry to practise as a registered nurse,

                              (b)    a nursing education program in a province or territory of Canada other than Alberta that is approved or recognized by the regulatory body in that province or territory having authority to approve or recognize nursing education programs leading to initial entry to practise as a registered nurse, or

                               (c)    additional educational requirements or other requirements determined by the Registrar or the Registration Committee.

(4)  If an applicant for registration as a regulated member on the nurse practitioner register does not pass the applicable registration exam within 3 years after completion of the educational requirement referred to in section 4(1)(a)(i) or (ii), the applicant must, before rewriting the applicable registration exam, successfully complete

                               (a)    a master’s degree in nursing from an approved nurse practitioner program,

                              (b)    a post‑master’s certificate or diploma from an approved nurse practitioner program,

                               (c)    a nurse practitioner education program in a province or territory of Canada other than Alberta that is approved or recognized by the regulatory body in that province or territory having authority to approve or recognize nurse practitioner education programs leading to initial entry to practise as a nurse practitioner, or

                              (d)    additional educational requirements or other requirements determined by the Registrar or the Registration Committee.

(5)  Despite anything in this section, if an applicant for registration on the registered nurse register or nurse practitioner register satisfies the Registration Committee that there are extenuating circumstances, the Registration Committee may allow the applicant one or more attempts to pass the applicable registration exam after the applicable period referred to in subsection (1) or (2).

AR 232/2005 s10;201/2018

Currency of practice

10.1(1)  This section applies to the following applicants:

                               (a)    an applicant for registration as a regulated member on the registered nurse register, the certified graduate nurse register or the nurse practitioner register who was previously registered on the registered nurse register, the certified graduate nurse register or the nurse practitioner register but is not currently registered on the register;

                              (b)    an applicant for registration under section 8 or 9;

                               (c)    an applicant for a renewal of a practice permit as a registered nurse, certified graduate nurse or nurse practitioner.

(2)  An applicant who is applying for registration as a regulated member on the registered nurse register or the certified graduate nurse register, or for the renewal of a practice permit as a registered nurse or certified graduate nurse, must provide evidence satisfactory to the Registrar that the applicant has, within the 5 complete practice years immediately preceding the date the application is received by the Registrar,

                               (a)    successfully completed a degree or nursing program or course satisfactory to the Registrar,

                              (b)    had 1125 hours of nursing practice satisfactory to the Registrar, or

                               (c)    successfully completed a program leading to re‑entry to nursing practice approved by the Nursing Education Program Approval Committee.

(3)  An applicant who is applying for registration as a regulated member on the nurse practitioner register, or for the renewal of a practice permit as a nurse practitioner, must provide evidence satisfactory to the Registrar that the applicant has, within the number of complete practice years as specified by the Council immediately preceding the date the application is received by the Registrar,

                               (a)    successfully completed the educational requirement referred to in section 4(1)(a)(i) or (ii), or

                              (b)    had the number of hours established by the Council as the required number of hours for the purposes of this section of nurse practitioner practice satisfactory to the Registrar.

(4)  Despite subsections (2) and (3), an applicant who does not meet the requirements of subsection (2) or (3) may instead meet other requirements determined by the Registration Committee.

AR 201/2018 s11

Good character, reputation

11(1)  An applicant for registration as a regulated member must provide evidence satisfactory to the Registrar of having good character and reputation by submitting one or more of the following on the request of the Registrar:

                               (a)    written references with respect to the applicant’s nursing practice from an employer or educational institution;

                              (b)    a written statement by the applicant as to whether the applicant

                                        (i)    is currently undergoing an investigation or is subject to an unprofessional conduct process,

                                      (ii)    has ever been disciplined, or

                                     (iii)    has ever had conditions imposed on the applicant’s practice

                                       by a regulatory body responsible for the regulation of registered nursing in a jurisdiction other than Alberta or by a regulatory body responsible for the regulation of any other profession in Alberta or another jurisdiction;

                           (b.1)    a written statement by the applicant as to whether an application for registration as a regulated member by the applicant in any other jurisdiction was ever previously rejected or refused;

                           (b.2)    the results of a current criminal records check;

                               (c)    a written statement as to whether the applicant has ever pleaded guilty or has been found guilty of a criminal offence in Canada or an offence of a similar nature in a jurisdiction outside Canada for which neither

                                        (i)    a record suspension under the Criminal Records Act (Canada), nor

                                      (ii)    a pardon

                                       is in effect;

                           (c.1)    a written statement by the applicant as to whether there has ever been a judgment in a civil action against the applicant with respect to the applicant’s practice;

                              (d)    any other relevant evidence as required by the Registrar.

(2)  If an applicant has engaged in an activity that has, in the opinion of the Registrar, undermined the applicant’s good character and reputation, the applicant may provide evidence satisfactory to the Registrar of rehabilitation.

(3)  The Registrar may also consider information other than that provided by the applicant in determining whether the applicant is of good character and reputation, but if the Registrar considers other information, the Registrar must give the applicant sufficient particulars of that information to allow the applicant to respond to that information.

AR 232/2005 s11;201/2018

Fitness to practise

12   An applicant for registration as a regulated member must, on the request of the Registrar, submit evidence satisfactory to the Registrar, confirming the member’s fitness to practise.

Liability insurance

12.1   An applicant for registration as a regulated member must provide evidence satisfactory to the Registrar of having the type and amount of professional liability insurance required by the Council.

AR 201/2018 s13

English language requirements

13   An applicant for registration as a regulated member must demonstrate to the Registrar in accordance with the standards approved by the Council proficiency in the English language sufficient to enable the applicant to engage in safe and competent nursing practice.

AR 232/2005 s13;201/2018

Titles and Abbreviations

Authorization to use titles, etc.

14(1)  A regulated member registered on the registered nurse register may use the title “registered nurse” and the initials “RN”.

(2)  A regulated member registered on the certified graduate nurse register may use the title “certified graduate nurse” and the initials “CGN”.

(3)  Repealed AR 201/2018 s15.

(4)  A regulated member registered on the nurse practitioner register may use the title “nurse practitioner” and the initials “NP”.

(5)  A regulated member registered on the registered nurse register or on the nurse practitioner register may, in accordance with the Standards of Practice, use the title “specialist” in connection with providing professional services.

(6)  A regulated member registered on the provisional register as a graduate nurse may use the title “graduate nurse” and the initials “GN”.

(7)  A regulated member registered on the provisional register as a graduate nurse practitioner may use the title “graduate nurse practitioner” and the initials “GNP”.

(8)  A regulated member registered on the courtesy register as a registered nurse may use the title “registered nurse” and the initials “RN”.

(9)  A regulated member registered on the courtesy register as a nurse practitioner may use the title “nurse practitioner” and the initials “NP”.

AR 232/2005 s14;201/2018

Restricted Activities

Restrictions

14.1(1)  Despite sections 15 to 18, regulated members must restrict themselves in performing restricted activities to those activities that they are competent to perform and to those that are appropriate to their area of practice and the procedures being performed.

(2)  A regulated member who performs a restricted activity must do so in accordance with the Standards of Practice.

(3)  A regulated member or other person shall not supervise the performance of a restricted activity unless the regulated member or person is authorized or permitted to perform the restricted activity without being supervised.

(4)  A regulated member or other person who supervises the performance of a restricted activity under sections 15 to 18 must do so in accordance with the Standards of Practice.

AR 201/2018 s16

Authorized restricted activities

15(1)  A regulated member registered on any register may, within the practice of registered nursing, perform the following restricted activities:

                               (a)    to cut a body tissue, to administer anything by an invasive procedure on body tissue or to perform surgical or other invasive procedures on body tissue below the dermis or the mucous membrane;

                              (b)    to insert or remove instruments, devices, fingers or hands

                                        (i)    beyond the cartilaginous portion of the ear canal,

                                      (ii)    beyond the point in the nasal passages where they normally narrow,

                                     (iii)    beyond the pharynx,

                                     (iv)    beyond the opening of the urethra,

                                       (v)    beyond the labia majora,

                                     (vi)    beyond the anal verge, or

                                    (vii)    into an artificial opening into the body;

                               (c)    to insert into the ear canal under pressure, liquid, air or gas;

                              (d)    to reduce a dislocation of a joint;

                               (e)    to dispense, compound, provide for selling or sell a Schedule 1 drug or Schedule 2 drug;

                               (f)    to administer a vaccine or parenteral nutrition;

                               (g)    to compound or administer blood or blood products;

                              (h)    to administer diagnostic imaging contrast agents;

                               (i)    to administer radiopharmaceuticals, radiolabelled substances, radioactive gases or radioaerosols;

                               (j)    to prescribe or administer nitrous oxide, for the purposes of anaesthesia or sedation;

                            (j.1)    to order or apply non‑ionizing radiation in ultrasound imaging, other than the application of ultrasound to a fetus;

                              (k)    to perform a psychosocial intervention with an expectation of treating a substantial disorder of thought, mood, perception, orientation or memory that grossly impairs

                                        (i)    judgment,

                                      (ii)    behaviour,

                                     (iii)    capacity to recognize reality, or

                                     (iv)    ability to meet the ordinary demands of life;

                               (l)    to manage labour or deliver a baby.

(2)  Despite subsection (1)(e), a regulated member registered on any register performing the restricted activity described in subsection (1)(e) shall not distribute, trade or barter for money or valuable consideration, or keep for sale or offer for sale, a Schedule 1 drug or a Schedule 2 drug but may distribute or give away a Schedule 1 drug or a Schedule 2 drug without expectation or hope of compensation or reward.

(2.1)  A regulated member registered on the registered nurse register may, within the practice of registered nursing, perform the restricted activity of ordering any form of ionizing radiation in medical radiography.

(2.2)  A regulated member registered on the registered nurse register who meets the requirements approved by the Council and who has been authorized to do so by the Registrar may, within the practice of registered nursing, perform the restricted activity of prescribing a Schedule 1 drug.

(3)  Repealed AR 201/2018 s17.

(4)  A regulated member registered on the registered nurse register or on the certified graduate nurse register may, within the practice of registered nursing, perform the restricted activity of applying non‑ionizing radiation in ultrasound imaging to a fetus, but only under the supervision of a person who provides health services and who is authorized by this Regulation or another regulation under the Act or by another enactment to apply ultrasound to a fetus.

(5)  A regulated member registered on the nurse practitioner register, a regulated member registered on the courtesy register as a nurse practitioner and a regulated member registered on the provisional register as a graduate nurse practitioner may perform the restricted activities listed in subsection (1) and the following additional restricted activities when practising as a nurse practitioner:

                               (a)    to set or reset a fracture of a bone;

                              (b)    to prescribe a Schedule 1 drug;

                               (c)    to prescribe blood or blood products;

                              (d)    to prescribe diagnostic imaging contrast agents;

                               (e)    to prescribe radiopharmaceuticals, radiolabelled substances, radioactive gases or radioaerosols;

                               (f)    to order or apply any form of ionizing radiation in medical radiography;

                               (g)    to order any form of ionizing radiation in nuclear medicine;

                              (h)    to order non‑ionizing radiation in magnetic resonance imaging;

                               (i)    to order or apply non‑ionizing radiation in ultrasound imaging, including any application of ultrasound to a fetus.

(6)  In this section,

                               (a)    “Schedule 1 drug” means a Schedule 1 drug within the meaning of Part 4 of the Pharmacy and Drug Act;

                              (b)    “Schedule 2 drug” means a Schedule 2 drug within the meaning of Part 4 of the Pharmacy and Drug Act.

AR 232/2005 s15;201/2018

16   Repealed AR 201/2018 s18.

Supervision of students

17(1)  A student who

                               (a)    is enrolled in an approved nursing program, and

                              (b)    is participating in a clinical practicum in Alberta or is employed as an undergraduate nursing employee in Alberta

is permitted to perform the restricted activities set out in section 15(1) under the supervision of a regulated member who is authorized to perform those restricted activities and has consented to supervise the restricted activities.

(2)  A student who

                               (a)    is enrolled in a nursing education program in a province or territory of Canada other than Alberta that is approved in that province or territory and that leads to initial entry to practise as a registered nurse, and

                              (b)    is participating in a clinical practicum in Alberta or is employed as an undergraduate nursing employee in Alberta

is permitted to perform the restricted activities set out in section 15(1) under the supervision of a regulated member who is authorized to perform those restricted activities and has consented to supervise the restricted activities.

(3)  A student who

                               (a)    is enrolled in a nursing education program in a jurisdiction outside Canada that is approved in that jurisdiction, and

                              (b)    has been authorized by an educational institution in Alberta to participate in a clinical practicum of an approved nursing program in Alberta offered by the educational institution

is permitted to perform the restricted activities set out in section 15(1) under the supervision of a regulated member who is authorized to perform those restricted activities and has consented to supervise the restricted activities.

(4)  A regulated member who

                               (a)    is registered on the registered nurse register or registered as a registered nurse on the courtesy register, and

                              (b)    is enrolled in an approved nurse practitioner education program

is permitted to perform the restricted activities set out in section 15(5) under the supervision of a person who is authorized to perform those restricted activities and has consented to supervise the restricted activities.

(5)  A regulated member who

                               (a)    is registered on the registered nurse register or registered as a registered nurse on the courtesy register, and

                              (b)    is enrolled in a nurse practitioner education program in a province or territory of Canada other than Alberta that is approved in that province or territory

is permitted to perform the restricted activities set out in section 15(5) under the supervision of a person who is authorized to perform those restricted activities and has consented to supervise the restricted activities.

(6)  A regulated member who

                               (a)    is registered on the registered nurse register or registered as a registered nurse on the courtesy register,

                              (b)    is enrolled in a nurse practitioner education program in a jurisdiction outside Canada that is approved in that jurisdiction, and

                               (c)    meets any requirements established by the Council for the purposes of this section 

is permitted to perform the restricted activities set out in section 15(5) under the supervision of a person who is authorized to perform those restricted activities and has consented to supervise the restricted activities.

(7)  A student who

                               (a)    is enrolled in a health services program of studies, other than an approved nursing program or an approved nurse practitioner program, and

                              (b)    is authorized by an enactment to perform a restricted activity set out in section 15(1) or (5)

is permitted to perform that restricted activity under the supervision of a regulated member who is authorized to perform that restricted activity and has consented to supervise the restricted activity.

AR 201/2005 s17;201/2018

Applicants for registration

17.1   An applicant for registration as a regulated member who is required by the Registrar or Registration Committee to take a course that includes a clinical component is, when engaged in the clinical component of the course and to the extent necessary to fulfill the requirements of the clinical component of the course, permitted to perform the restricted activities set out in section 15(1) or (5) under the supervision of a person who is authorized to perform those restricted activities and has consented to supervise the restricted activities.

AR 201/2018 s20

Non‑regulated persons, supervision

18(1)  A person who is not referred to in section 4(1)(a) of Schedule 7.1 to the Government Organization Act is permitted to perform the restricted activity of inserting and removing instruments, devices, fingers and hands beyond the labia majora and anal verge under supervision by a regulated member but only if that person

                               (a)    has the consent of, and is being supervised by, a regulated member while performing the restricted activity, and

                              (b)    is engaged in providing health services to another person.

(2)  Repealed AR 201/2018 s21.

AR 232/2005 s18;201/2018

Continuing Competence

Continuing competence program

19   The continuing competence program of the College is established and consists of

                               (a)    practice reflection,

                              (b)    continuing professional development,

                               (c)    competence assessment, and

                              (d)    practice visits.

AR 232/2005 s19;201/2018

Practice reflection

19.1(1)  As part of the continuing competence program, a regulated member registered on the registered nurse register, the nurse practitioner register or the certified graduate nurse register must, at the times specified by the Council and in accordance with the rules made under section 19.5, complete a practice reflection that includes, in a form satisfactory to the Competence Committee, the following:

                               (a)    a personal assessment of the member’s own nursing practice using

                                        (i)    the Standards of Practice,

                                      (ii)    in the case of a regulated member registered on the  nurse practitioner register, the competencies for nurse practitioners established by the Council, and

                                     (iii)    other criteria selected by the regulated member from criteria provided for in the rules approved by the Council;

                              (b)    recorded feedback of the regulated member’s practice obtained by the regulated member;

                               (c)    the development of a written learning plan that is based on the regulated member’s personal assessment of the member’s practice under clause (a) and the feedback received about the member’s practice under clause (b).

(2)  A regulated member referred to in subsection (1) must

                               (a)    make records of the personal assessment, recorded feedback and written learning plan referred to in subsection (1) in a form satisfactory to the Competence Committee and in accordance with the applicable rules made under section 19.5, if any, and

                              (b)    retain the records referred to in clause (a) for the period specified by the Council.

(3)  A regulated member referred to in subsection (1) must, on the request of the Competence Committee and in accordance with the direction of the Competence Committee and the applicable rules made under section 19.5, if any, provide evidence of meeting the requirements of this section for the current practice year and for the period specified by the Council.

AR 201/2018 s22

Continuing professional development

19.2(1)  As part of the continuing competence program, a regulated member registered on the registered nurse register, the nurse practitioner register or the certified graduate nurse register must, in each practice year, undertake continuing professional development by

                               (a)    implementing the written learning plan referred to in section 19.1(1)(c) by engaging in learning activities to address learning needs,

                              (b)    preparing a written self‑evaluation of the regulated member’s learning plan that describes the implementation of the learning plan and the influence that the learning activities have had on the member’s practice and indicates any variations in the learning plan and the reasons for the variations, and

                               (c)    successfully completing mandatory education requirements if required by the rules made under section 19.5.

(2)  A regulated member referred to in subsection (1) must

                               (a)    in each practice year make records of all of the activities undertaken by the regulated member under subsection (1), including the written self‑evaluation referred to in subsection (1)(b), in a form satisfactory to the Competence Committee and in accordance with the applicable rules made under section 19.5, if any, and

                              (b)    retain the records referred to in clause (a) for a period of 5 years after the end of the practice year in which the continuing professional development activities required by subsection (1) were completed.

(3)  A regulated member referred to in subsection (1) must, on the request of the Competence Committee and in accordance with the direction of the Competence Committee and the applicable rules made under section 19.5, if any, provide evidence of meeting the requirements of this section for the current practice year and for the period specified by the Council.

AR 201/2018 s22

Competence assessment

19.3(1)  As part of the continuing competence program, the Competence Committee may require a regulated member registered on the registered nurse register, the nurse practitioner register or the certified graduate nurse register to undergo an assessment for the purpose of evaluating the regulated member’s competence.

(2)  For the purpose of an assessment under subsection (1), the Competence Committee may use any one or more of the following:

                               (a)    multiple source feedback;

                              (b)    case studies;

                               (c)    peer review;

                              (d)    practice visits;

                               (e)    examinations;

                               (f)    any individualized assessments of professional competence provided for in the rules made under section 19.5.

AR 201/2018 s22

Actions to be taken

19.4   If the Competence Committee considers a regulated member’s practice reflection or continuing professional development activities to be unsatisfactory or that a regulated member has not complied with one or more requirements under section 19.1 or 19.2, or if the results of an assessment of a regulated member’s competence under section 19.3 are unsatisfactory, the Competence Committee may, when the regulated member’s next application for a practice permit is considered, impose, or recommend the imposition of, one or more of the following conditions on the regulated member’s practice permit:

                               (a)    that the regulated member successfully complete specified continuing competence program requirements or professional development activities within a specified time;

                              (b)    that the regulated member successfully complete specified examinations, testing, assessment, training, education or treatment to enhance competence in one or more areas of practice within a specified time;

                               (c)    that the regulated member practise under the supervision of another regulated member or a regulated member of another regulated profession;

                              (d)    that the regulated member’s practice be limited to specified procedures or practice settings;

                               (e)    that the regulated member report to the Competence Committee on specified matters on specified dates;

                               (f)    that the regulated member correct any problems identified in the competence assessment;

                               (g)    that the regulated member demonstrate to the Competence Committee competence gained in a specific area within a specified period of time;

                              (h)    any other condition considered appropriate by the Competence Committee.

AR 201/2018 s22

Continuing competence program rules

19.5(1)  The Council may make rules respecting the continuing competence program, including, but not limited to the following:

                               (a)    the requirements pertaining to practice reflections under section 19.1;

                              (b)    the keeping of records under sections 19.1 and 19.2 and the provision of the records to the Competence Committee;

                               (c)    reviews of regulated members’ continuing competence program records under section 19.1 or 19.2;

                              (d)    requirements for mandatory education for the purposes of section 19.2(1)(c);

                               (e)    assessments conducted under section 19.3, including rules providing for individualized assessments of professional competence for the purposes of section 19.3(2)(f);

                               (f)    continuing competence program requirements or professional development activities for the purposes of section 19.4(a);

                               (g)    assessment and approval of education as substantially equivalent to required mandatory education;

                              (h)    the approval of criteria established by the Competence Committee for the selection of regulated members for competence assessments, practice visits or both.

(2)  The Competence Committee may recommend rules or amendments to the rules to the Council.

(3)  Before making or amending a rule under this section, the Council must make the proposed rule or amendment available to all regulated members for their review.

(4)  The Council may make a rule or amendment to a rule 60 or more days after the proposed rule or amendment has been made available under subsection (3) and after having considered any comments received on the proposed rule or amendment.

AR 201/2018 s22

Distribution of rules

19.6   The rules and any amendments to the rules made under section 19.5 must be made available by the College

                               (a)    on the website of the College, and

                              (b)    in printed form on request to any regulated member or applicant for registration as a regulated member.

AR 201/2018 s22

20   Repealed AR 201/2018 s23.

Practice Permit

Renewal requirements

21(1)  A regulated member who is applying for renewal of the member’s practice permit must provide evidence satisfactory to the Registrar

                               (a)    of meeting the continuing competence program requirements,

                              (b)    of meeting the applicable requirements under section 10.1,

                               (c)    of good character and reputation as set out in section 11,

                              (d)    if requested by the Registrar, confirming the member’s fitness to practise, and

                               (e)    of having the type and amount of professional liability insurance required by the Council.

(2)  Despite subsection (1)(a), a regulated member who does not meet the requirements referred to in subsection (1)(a) may instead meet other requirements, as determined by the Competence Committee.

AR 232/2005 s21;201/2018

Conditions

22   When issuing a practice permit, the Registrar, Registration Committee or Competence Committee may impose conditions on the practice permit, including, but not limited to, one or more of the following:

                               (a)    that the regulated member complete any specified examinations, testing, counselling, training or education;

                              (b)    limiting the regulated member’s practice to specified professional services, restricted activities or practice settings;

                               (c)    limiting the regulated member’s practice to a specified purpose;

                              (d)    limiting the regulated member’s practice to a specified time period;

                               (e)    that the regulated member practise under supervision for the period specified on the permit;

                               (f)    that the regulated member report to the Registrar, Registration Committee or Competence Committee on specified dates respecting specified matters;

                               (g)    one or more conditions referred to in section 19.4.

AR 232/2005 s22;201/2018

Alternative Complaint Resolution

Referral to ACR

23   When the Complaints Director considers whether to make the referral under section 58 of the Act to an alternative complaint resolution process, the Complaints Director must consider the guidelines approved by the Council.

ACR conductor

24   If the Complaints Director considers, under section 23, that a referral is appropriate and the complainant and the investigated person have agreed to enter into an alternative complaint resolution process, the Complaints Director must appoint an individual to conduct the alternative complaint resolution process.

Agreement

25(1)  The person conducting the alternative complaint resolution process must, in consultation with the complainant and the investigated person, establish the procedures for and objectives of the alternative complaint resolution process, which must be set out in writing and signed by the complainant, the investigated person and the representative of the College before proceeding with the alternative complaint resolution process.

(2)  The agreement must include

                               (a)    the scope of the process, which may include agreeing to address part of the complaint through separate processes,

                              (b)    who will participate in the process,

                               (c)    the person or persons who will conduct the process and whether that person is to act as mediator, facilitator or conciliator or in some other capacity,

                              (d)    how the process may be terminated and by whom,

                               (e)    the participation and role of the College,

                               (f)    any time frames for progress or completion of the process, and

                               (g)    any other terms that are considered appropriate.

Confidentiality

26   The complainant and the investigated person must, subject to sections 59 and 60 of the Act, agree to treat all information shared during the process as confidential.

Reinstatement

Application

27(1)  A person whose registration and practice permit have been cancelled under Part 4 of the Act may apply in writing to the Complaints Director to have the registration and practice permit reinstated.

(2)  An applicant must include in the application

                               (a)    the applicant’s home address and telephone number, and

                              (b)    actions that the applicant has taken since the cancellation.

(3)  An application under subsection (1) may not be made earlier than

                               (a)    2 years after the cancellation, or

                              (b)    2 years after the refusal of an application for reinstatement.

Review process

28(1)  The Complaints Director must, on receipt of an application under section 27, refer it to the Hearings Director and the Hearings Director must select a Reinstatement Review Committee, in accordance with the Bylaws, to hold a hearing in respect of the application.

(2)  The Hearings Director must provide to the person making the application, at least 30 days before the date of the hearing, written notice of the time and place of the hearing.

(3)  The hearing must be held within 90 days from the date the Hearings Director selects a Reinstatement Review Committee under subsection (1), unless

                               (a)    the Hearings Director has not been able to serve the applicant under subsection (2), or

                              (b)    the applicant and Complaints Director agree otherwise.

AR 232/2005 s28;201/2018

Hearing

29(1)  The hearing is open to the public unless the Reinstatement Review Committee determines on its own motion or on application by any person that the hearing or part of it should be in private because

                               (a)    of probable prejudice to a civil action or a prosecution of an offence,

                              (b)    of concern for the safety of the person or the public,

                               (c)    not disclosing a person’s confidential personal, property or financial information outweighs the desirability of having the hearing open to the public,

                           (c.1)    another Act requires that the hearing or part of the hearing be held in private, or

                              (d)    of other reasons satisfactory to the Reinstatement Review Committee.

(2)  The applicant must present evidence of the actions taken since the cancellation.

(3)  The Complaints Director or a person that the Complaints Director designates may appear at the hearing on behalf of the College to present evidence, including a copy of the decision and the portions, that the Complaints Director considers relevant, of the record of the hearing at which the applicant’s registration and practice permit were cancelled and any other relevant information from the hearing, and to make submissions respecting the application.

(4)  The following may be represented by legal counsel at the hearing:

                               (a)    the Reinstatement Review Committee;

                              (b)    the applicant;

                               (c)    the Complaints Director or a person designated under subsection (3).

(5)  Evidence may be given before the Reinstatement Review Committee in any manner that it considers appropriate and it is not bound by the rules of law respecting evidence applicable to judicial hearings.

AR 232/2005 s29;201/2018

Deliberations

30(1)  In making its decision, the Reinstatement Review Committee must

                               (a)    consider the decision that is the subject of the review and any relevant portions of the record of the hearing at which the applicant’s registration and practice permit were cancelled, and

                              (b)    consider whether the applicant is fit to practise nursing and does not pose a risk to public safety.

(2)  The Reinstatement Review Committee must, within 60 days after completing the hearing, make one or more of the following orders:

                               (a)    an order denying the application;

                              (b)    an order directing the Registrar to reinstate the applicant’s registration and practice permit, subject to the applicant meeting the requirements for registration;

                               (c)    an order directing the Registrar to impose conditions on the applicant’s practice permit;

                              (d)    an order directing the applicant to pay any or all of the College’s expenses incurred in respect of the application as calculated in accordance with the Bylaws;

                               (e)    any other order that the Reinstatement Review Committee considers necessary for the protection of the public.

AR 232/2005 s30;201/2018

Decision

31(1)  The Reinstatement Review Committee must provide reasons to the applicant for the order it makes under section 30.

(2)  The Reinstatement Review Committee’s decision under section 30 is final.

Access to decision

32   The Reinstatement Review Committee may order that a decision under section 30 be publicized in a manner it considers appropriate.

Information

Providing information

33(1)  A regulated member must provide the following information in addition to that required under section 33(3) of the Act when there is a change to the information or at the request of the Registrar:

                               (a)    home address, telephone number and e-mail address;

                              (b)    full legal name, aliases and previous names;

                               (c)    date of birth and gender;

                              (d)    the name of the employers or agencies where the member provides professional services as a paid or unpaid employee, consultant, contractor or volunteer and the addresses of the locations where the professional services are provided;

                               (e)    number of practice hours in previous practice year;

                               (f)    name of educational institution and year of graduation from a nursing program;

                               (g)    information required for reciprocal or federal, provincial or territorial health workforce planning data sharing or research agreements.

(2)  Subject to section 34(1) of the Act, the College may release the information collected under subsection (1)

                               (a)    with the consent of the regulated member whose information it is, or

                              (b)    in a summarized or statistical form so that it is not possible to relate the information to any particular identifiable person.

AR 232/2005 s33;201/2018

Correcting information

34   The Registrar may correct or remove any information in the register if the Registrar determines it is incorrect or inaccurate or add information required by the Bylaws or for proper administration.

AR 232/2005 s34;201/2018

Section 119 information

35   The periods of time during which the College is obliged to provide information on the request of a member of the public under section 119(4) of the Act are as follows:

                               (a)    in the case of information referred to in section 33(3) of the Act about a person, other than the information referred to in section 33(3)(h), during the period while the person is a regulated member of the College;

                              (b)    in the case of information referred to in section 119(1) of the Act,

                                        (i)    during the period while the suspension is in effect, in the case of information that a regulated member’s practice permit has been suspended;

                                      (ii)    during the period that the cancellation is effective, in the case of information that a person’s regulated member’s practice permit has been cancelled;

                                     (iii)    during the period while the conditions are in effect, in the case of information that conditions have been imposed on a regulated member’s practice permit;

                                     (iv)    during the period while the direction is in effect, in the case of information that a regulated member has been directed under section 118(4) of the Act to cease providing professional services;

                                       (v)    during the 5‑year period immediately after the date of the order, in the case of information that an order has been made respecting a regulated member by a hearing tribunal, the Council or the Court of Appeal under Part 4 of the Act;

                               (c)    during the period until the hearing is concluded, in the case of information as to whether a hearing is scheduled to be held under Part 4 of the Act with respect to a named regulated member;

                              (d)    during the period beginning at the conclusion of the hearing and ending 5 years after the date that a written decision under section 83 of the Act or an order under section 89(5) or 92(1) of the Act is made, in the case of information as to whether a hearing has been held under Part 4 of the Act with respect to a named regulated member;

                               (e)    during the 5‑year period after the date of the written decision made by the hearing tribunal under section 83 of the Act, in the case of a decision and testimony referred to in section 85(3) or (4) of the Act.

AR 232/2005 s35;201/2018

Transitional Provisions, Repeals
and Coming into Force

Transitional

36   On the coming into force of this Regulation, a registered member described in section 6 of Schedule 24 to the Act is deemed to be entered on the regulated members register in the register category that the Registrar considers appropriate.

Transitional — provisional register

36.1   On the coming into force of this section, a regulated member registered on the temporary register is deemed to be registered on the provisional register as the Registrar considers appropriate.

AR 201/2018 s32

Repeals

37   The following regulations are repealed:

                               (a)    Registration Regulation (AR 453/83);

                              (b)    General Regulation (AR 454/83);

                               (c)    Certified Graduate Nurse Regulation (AR 455/83);

                              (d)    Code of Ethics Regulation (AR 456/83);

                               (e)    Regulation and By‑law Approval Regulation (AR 355/83);

                               (f)    Nursing Profession Extended Practice Roster Regulation (AR 16/99).

Coming into force

38   This Regulation comes into force on the coming into force of Schedule 24 to the Health Professions Act.