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C.C.S.M. c. L125
The Licensed Practical Nurses Act
| PART 1 | |
| DEFINITIONS | |
| 1 | Definitions |
| PART 2 | |
| PRACTICE OF PRACTICAL NURSING | |
| 2 | Practice of practical nursing |
| 3(1) | Representation as a licensed practical nurse |
| (2) | Use of titles |
| PART 3 | |
| COLLEGE OF LICENSED PRACTICAL NURSES OF MANITOBA | |
| 4(1) | College established |
| (2) | Duty to serve the public interest |
| (3) | Powers |
| (4) | Membership |
| (5) | Meetings |
| (6) | Notice of meetings |
| (7) | Entitlement to vote |
| (8) | Public meetings |
| 5(1) | Board |
| (2) | Board to manage affairs |
| 6(1) | Composition of board |
| (2) | Public representatives |
| (3) | By-laws for election and appointment of members |
| (4) | Officers |
| (5) | Remuneration |
| (6) | Executive director and staff |
| (7) | Committees |
| REGISTRATION | |
| REGISTERS | |
| 7(1) | Registers |
| (2) | Content of registers |
| (3) | Access to information |
| APPLICATIONS FOR REGISTRATION | |
| 8(1) | Registration of licensed practical nurses |
| (2) | Conditions |
| (3) | Entry in the register |
| 9 | Application for registration not approved |
| 9.1(1) | Registration if emergency |
| (2) | Emergency need not be declared |
| (3) | Certificate of registration |
| APPEAL | |
| 10(1) | Appeal to board |
| (2) | Notice |
| (3) | Hearing |
| (4) | Right to appear |
| (5) | Documentation |
| (6) | Counsel to the board |
| (7) | Decision by board |
| (8) | Notice of decision of appeal |
| 11(1) | Appeal to court |
| (2) | Appeal on record |
| (3) | Copy of documentation |
| (4) | Powers of court on appeal |
| REGISTRATION OF STUDENTS | |
| 12(1) | Registration of students |
| (2) | Appeal from refusal to register |
| CERTIFICATE OF REGISTRATION | |
| 13 | Certificate of registration |
| CANCELLATION OF REGISTRATION | |
| 14(1) | Registration may be cancelled if fraud |
| (2) | Registration may be cancelled if member convicted |
| (3) | Appeal |
| PART 5 | |
| CONTINUING COMPETENCE | |
| 15 | Continuing competence program |
| PART 6 | |
| COMPLAINTS | |
| 16 | Definitions |
| INVESTIGATION COMMITTEE | |
| 17(1) | Investigation committee |
| (2) | Public representatives |
| 18(1) | Complaints against members |
| (2) | Complaints against former members |
| 19 | Referral to investigation committee |
| 20 | Informal resolution |
| 21(1) | Investigation |
| (2) | Legal counsel and experts |
| (3) | Records and information |
| (4) | Failure to produce records |
| (5) | Investigation of other matters |
| 22 | Report to investigation committee |
| DECISION OF INVESTIGATION COMMITTEE | |
| 23(1) | Decision of investigation committee |
| (2) | Matter not resolved by mediation |
| (3) | Decision served on member and complainant |
| (4) | Hearing not required |
| (5) | Counsel to the investigation committee |
| 24(1) | Conditions on registration |
| (2) | Costs |
| CENSURE | |
| 25(1) | Personal appearance |
| (2) | Publication of censure |
| (3) | Order for costs |
| VOLUNTARY SURRENDER OF REGISTRATION | |
| 26(1) | Voluntary surrender of registration |
| (2) | Order for costs |
| (3) | Conditions on re-instatement |
| APPEAL BY COMPLAINANT | |
| 27(1) | Appeal by complainant to board |
| (2) | Notice |
| (3) | Power on appeal |
| (4) | Notice of decision |
| (5) | Hearing not required |
| SUSPENSION OF REGISTRATION PENDING DECISION | |
| 28(1) | Suspension of registration pending decision |
| (2) | Notice of suspension or conditions |
| 29(1) | Appeal of suspension or conditions |
| (2) | Hearing by board |
| (3) | Right to appear and be represented |
| (4) | Powers on appeal |
| (5) | Application for stay |
| MISCELLANEOUS | |
| 30 | Referral to discipline committee |
| 31 | Disclosure of information to authorities |
| DISCIPLINE COMMITTEE | |
| 32(1) | Discipline committee |
| (2) | Public representatives |
| 33(1) | Selection of panel |
| (2) | Composition |
| (3) | Exclusion from panel |
| (4) | Effect of member being unable to continue |
| HEARING | |
| 34(1) | Hearing |
| (2) | Date of hearing |
| (3) | Notice of hearing |
| (4) | Public notice of hearing |
| 35(1) | Right to appear and be represented |
| (2) | Adjournments |
| (3) | Recording of evidence |
| 36(1) | Member may examine documentary evidence |
| (2) | Member to provide documentary evidence |
| (3) | Evidence of expert without report |
| (4) | Failure to provide summary |
| 37 | Investigation of other matters |
| 38(1) | |
| (2) | Exclusion of public |
| (3) | Public information may be disclosed |
| (4) | Exclusion of public during certain motions |
| (5) | Orders with respect to matters in submissions |
| (6) | Reasons for excluding public to be available |
| (7) | |
| 39(1) | Oral and affidavit evidence |
| (2) | Oral evidence |
| (3) | Power to administer oaths and affirmations |
| 40(1) | Witnesses |
| (2) | Notice to attend and produce records |
| (3) | Executive director to provide notices |
| (4) | Witness fees |
| (5) | Failure to attend or give evidence |
| 41 | Hearing in absence of investigated member |
| DECISION OF PANEL | |
| 42 | Findings of panel |
| 43(1) | Orders of panel |
| (2) | Panel may consider censure |
| (3) | Ancillary orders |
| (4) | Costs when conditions imposed |
| (5) | Contravention of order |
| (6) | Suspension or cancellation or registration |
| 44(1) | Costs and fines |
| (2) | Nature of costs |
| (3) | Failure to pay costs and fines by time ordered |
| (4) | Filing of order |
| 45(1) | Written decision |
| (2) | Decision forwarded to executive director |
| (3) | Service of decision |
| (4) | Copies of transcript |
| 46 | Publication of decision |
| APPEAL TO COURT | |
| 47(1) | Appeal to Court of Appeal |
| (2) | Commencement of appeal |
| (3) | Appeal on the record |
| 48 | Powers of Court on appeal |
| 49 | Stay pending appeal |
| REINSTATEMENT | |
| 50 | Reinstatement |
| PART 7 | |
| REGULATIONS, BY-LAWS AND CODE OF ETHICS | |
| 51(1) | Regulations |
| (2) | Consultation with members |
| (3) | Approval of regulations by Cabinet |
| 52(1) | By-laws |
| (2) | Consultation with members |
| (3) | Period of effectiveness |
| 53 | Code of ethics |
| PART 8 | |
| GENERAL PROVISIONS | |
| PRACTICE AUDITORS | |
| 54(1) | Appointment of practice auditors |
| (2) | Audit of a practical nursing practice |
| 55(1) | Entry of premises and inspection of records |
| (2) | Admissibility of copies |
| (3) | Entry with order |
| (4) | Obstruction of practice auditor |
| SERVICE OF DOCUMENTS | |
| 56(1) | Service of documents |
| (2) | Deemed receipt |
| EXECUTIVE DIRECTOR'S CERTIFICATE | |
| 57 | Executive director's certificate |
| PROOF OF CONVICTION | |
| 58 | Proof of conviction |
| OFFENCES | |
| 59(1) | Offence |
| (2) | Offence |
| (3) | Fraudulent representation on application for registration |
| (4) | Offence by employer |
| (5) | Limitation on prosecution |
| (6) | Prosecution of offence |
| (7) | Stay of proceedings |
| 60 | Single act of unauthorized practice |
| PROTECTION FROM LIABILITY | |
| 61 | Protection from liability |
| 62 | Limitation period for members |
| CONFIDENTIALITY OF INFORMATION | |
| 63 | Confidentiality of information |
| 63.1(1) | Executive director to collect information |
| (2) | Member to provide information |
| (3) | Minister may require information |
| (4) | Executive director to provide information to minister |
| (5) | Minister may disclose information |
| (6) | Authorized entities |
| INJUNCTION | |
| 64 | Injunction |
| DUTY OF MEMBERS TO REPORT | |
| 65(1) | Duty of members to report |
| (2) | Exemption from liability for disclosure |
| EMPLOYER'S RESPONSIBILITY | |
| 66(1) | Employer's responsibility to ensure registration |
| (2) | Annual review |
| (3) | Responsibility to report misconduct |
| (4) | Referral to investigation committee |
| ANNUAL REPORT | |
| 67(1) | Annual report |
| (2) | Contents of report |
| PART 9 | |
| TRANSITIONAL, REPEAL AND COMING INTO FORCE | |
| 68(1) | "Former Act" defined |
| (2) | Registration continued |
| (3) | Annual certificate continued |
| (4) | Application for registration continued |
| (5) | Board continued |
| (6) | Complaints under former Act: no referral to discipline committee |
| (7) | Complaints under former Act: referral to discipline committee |
| 69 | Repeal |
| 70 | C.C.S.M. reference |
| 71 | Coming into force |