.png){kind=small}
C.C.S.M. c. L125
The Licensed Practical Nurses Act
Table of Contents
| PART 1 | ||
| DEFINITIONS | ||
| 1 | Definitions | |
| PART 2 | ||
| PRACTICE OF PRACTICAL NURSING | ||
| 2 | Practice of practical nursing | |
| 3 | Representation as a licensed practical nurse | |
| (2) | Use of titles | |
| PART 3 | ||
| COLLEGE OF LICENSED PRACTICAL NURSES OF MANITOBA |
||
| 4 | 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 | Board | |
| (2) | Board to manage affairs | |
| 6 | 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 | |
| PART 4 | ||
| REGISTRATION | ||
| REGISTERS | ||
| 7 | Registers | |
| (2) | Content of registers | |
| (3) | Access to information | |
| APPLICATIONS FOR REGISTRATION | ||
| 8 | Registration of licensed practical nurses | |
| (2) | Conditions | |
| (3) | Entry in the register | |
| 9 | Application for registration not approved | |
| 9.1 | Registration if emergency | |
| (2) | Emergency need not be declared | |
| (3) | Certificate of registration | |
| APPEAL | ||
| 10 | 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 | Appeal to court | |
| (2) | Appeal on record | |
| (3) | Copy of documentation | |
| (4) | Powers of court on appeal | |
| REGISTRATION OF STUDENTS | ||
| 12 | Registration of students | |
| (2) | Appeal from refusal to register | |
| CERTIFICATE OF REGISTRATION | ||
| 13 | Certificate of registration | |
| CANCELLATION OF REGISTRATION | ||
| 14 | 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 | Investigation committee | |
| (2) | Public representatives | |
| 18 | Complaints against members | |
| (2) | Complaints against former members | |
| 19 | Referral to investigation committee | |
| 20 | Informal resolution | |
| 21 | 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 | 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 | Conditions on registration | |
| (2) | Costs | |
| CENSURE | ||
| 25 | Personal appearance | |
| (2) | Publication of censure | |
| (3) | Order for costs | |
| VOLUNTARY SURRENDER OF REGISTRATION |
||
| 26 | Voluntary surrender of registration | |
| (2) | Order for costs | |
| (3) | Conditions on re-instatement | |
| APPEAL BY COMPLAINANT | ||
| 27 | 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 | Suspension of registration pending decision | |
| (2) | Notice of suspension or conditions | |
| 29 | 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 | Discipline committee | |
| (2) | Public representatives | |
| 33 | Selection of panel | |
| (2) | Composition | |
| (3) | Exclusion from panel | |
| (4) | Effect of member being unable to continue | |
| HEARING | ||
| 34 | Hearing | |
| (2) | Date of hearing | |
| (3) | Notice of hearing | |
| (4) | Public notice of hearing | |
| 35 | Right to appear and be represented | |
| (2) | Adjournments | |
| (3) | Recording of evidence | |
| 36 | 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 | |
| (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 | |
| 39 | Oral and affidavit evidence | |
| (2) | Oral evidence | |
| (3) | Power to administer oaths and affirmations | |
| 40 | 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 | 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 | Costs and fines | |
| (2) | Nature of costs | |
| (3) | Failure to pay costs and fines by time ordered | |
| (4) | Filing of order | |
| 45 | Written decision | |
| (2) | Decision forwarded to executive director | |
| (3) | Service of decision | |
| (4) | Copies of transcript | |
| 46 | Publication of decision | |
| APPEAL TO COURT | ||
| 47 | 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 | Regulations | |
| (2) | Consultation with members | |
| (3) | Approval of regulations by Cabinet | |
| 52 | By-laws | |
| (2) | Consultation with members | |
| (3) | Period of effectiveness | |
| 53 | Code of ethics | |
| PART 8 | ||
| GENERAL PROVISIONS | ||
| PRACTICE AUDITORS | ||
| 54 | Appointment of practice auditors | |
| (2) | Audit of a practical nursing practice | |
| 55 | Entry of premises and inspection of records | |
| (2) | Admissibility of copies | |
| (3) | Entry with order | |
| (4) | Obstruction of practice auditor | |
| SERVICE OF DOCUMENTS | ||
| 56 | Service of documents | |
| (2) | Deemed receipt | |
| EXECUTIVE DIRECTOR'S CERTIFICATE | ||
| 57 | Executive director's certificate | |
| PROOF OF CONVICTION | ||
| 58 | Proof of conviction | |
| OFFENCES | ||
| 59 | 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 | 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 | Duty of members to report | |
| (2) | Exemption from liability for disclosure | |
| EMPLOYER'S RESPONSIBILITY | ||
| 66 | Employer's responsibility to ensure registration | |
| (2) | Annual review | |
| (3) | Responsibility to report misconduct | |
| (4) | Referral to investigation committee | |
| ANNUAL REPORT | ||
| 67 | Annual report | |
| (2) | Contents of report | |
| PART 9 | ||
| TRANSITIONAL, REPEAL AND COMING INTO FORCE |
||
| 68 | "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 | |