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 |
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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 |
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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 |
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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 |
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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 |
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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 |