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C.C.S.M. c. L125

The Licensed Practical Nurses Act

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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