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The Licensed Practical Nurses Act
This is an unofficial archived version of The Licensed Practical Nurses Act
as enacted by SM 1987-88, c. 9 on July 17, 1987.

R.S.M. 1987, c. P100

The Licensed Practical Nurses Act

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows:

PART I

INTERPRETATION

Definitions.

In this Act

"association" means Manitoba Association of Licensed Practical Nurses incorporated by this Act; ("Association")

"board" means the board of directors of the Association; ("conseil d'administration")

"council" means the Practical Nursing Council established under this Act; ("conseil")

"lay person" means a person other than a person registered under this Act: ("profane" )

"licensed practical nurse" means a person whose name is entered in the register and in one of the rosters referred to in section 8: ("infirmière auxiliaire")

"medical practitioner" means a duly qualified medical practitioner: ("médecin")

"member" means a person whose name is entered in the register: ("membre")

"minister" means a member of the Executive Council responsible for the administration of health services in Manitoba; ("ministre" )

"practical nursing" and "the practice of licensed practical nursing" means representing oneself as a licensed practical nurse who

(a) assists registered nurses in the care of acutely ill patients and rendering those services for which she has been trained,

(b) not being a registered nurse or a person in training to be a registered nurse, undertakes the care of patients under the direction of a medical practitioner or a registered nurse, and

(c) administers medication prescribed by a medical practitioner consistent with her training; ("profession d'infirmière auxiliaire" et "exercice de la profession d'infirmière auxiliaire")

"practical nursing education programs" means such programs as are approved by the board as qualifying an individual for registration as a licensed practical nurse; ("programmes de formation d'infirmières auxiliaires")

"register" means a register established under this Act; ("registre")

"registered nurse" means a registered nurse within the meaning of The Registered Nurses Act; ("infirmière")

"registrar" means the registrar of the association appointed under this Act. ("registraire")

Corporate status and powers.

2

The Manitoba Association of Licensed Practical Nurses is hereby continued as a body-corporate and, subject to the provisions of this Act and The Corporations Act, has the capacity, rights, powers and privileges of a natural person.

PART II

BOARD OF DIRECTORS

Continuation of directors.

3

The members of the board and the officers of the association in office on the coming into force of this Act shall continue in office until their successors are elected or appointed.

Board of directors.

4(1)

The affairs of the association shall be managed by a board of directors 25% of whom shall be persons who are not members of the association and of the 25% who are not members of the association, 1/2 shall be appointed by the Lieutenant Governor in Council.

Election of board.

4(2)

The manner of the appointment or election of members of the board other than the members appointed by the Lieutenant Governor in Council shall be governed by the by-laws of the association.

Quorum.

4(3)

A majority of the board constitutes a quorum for the transaction of business.

By-laws.

5(1)

The board may make, amend and repeal by-laws not contrary to this or any other Act to

(a) fix the method of setting the amounts of annual and other fees and provide for the collection thereof;

(b) establish the time for, and manner of, the election or appointment of members of the board;

(c) fix and regulate the time, place, calling and conduct of annual and special general meetings of the members of the association and meetings of the board;

(d) provide for the organization of regional or other divisions of the association;

(e) prescribe the terms of office of members of the board, the appointment of officers of the association and the manner in which the vacancies on the board be filled;

(f) govern the acquisition, management, disposal and conduct of the property and affairs of the association;

(g) provide for the appointment, removal, functions, duties and remuneration of agents, officers and employees of the association, and the security, if any, to be given by them to the association;

(h) establish such standing committees, if any, as the board may deem necessary to carry out the business of the association;

(i) generally, facilitate all such matters as may be deemed by the board to be necessary or desirable for the administration of the association and for promoting the welfare of the association, its members and the licensed practical nursing profession:

(j) develop, establish and maintain a code of ethics for licensed practical nurses;

(k) create one or more classes of membership and prescribe the rights, privileges and obligations of the members of each such class;

(l) subject to section 7, prescribe the duration of the terms of office, the removal, functions, duties and remuneration of the executive director and the registrar of the association.

Submission of by-laws to members.

5(2)

The board shall at least 30 days before the next meeting of the members of the association submit all by-laws, or amendments or repeal of any by-law made under subsection (1) to the members of the association, and the members may at that meeting by ordinary resolution confirm, reject or amend the by-laws, amendment or repeal thereof.

Certain by-laws not effective until confirmed.

5(3)

No by-law made pursuant to clause (l)(a), (b), (c), (d), (e), (j), or (k) is effective until confirmed at a meeting of the members pursuant to subsection (2).

Effective date of by-law.

5(4)

A by-law, or an amendment or a repeal of a by-law made by the board under clause (1)(f), (g), (h) or (i) is effective from the date of the resolution of the board until it is confirmed, confirmed as amended or rejected by the members under subsection (2) or until it ceases to be effective under subsection (5) and, where the bylaw is confirmed or confirmed as amended, it continues in effect in the form in which it was so confirmed.

By-laws ceasing to be effective.

5(5)

If a by-law or an amendment or a repeal thereof is rejected by the members or if the board does not submit the by-law, amendment or repeal to the members as required under subsection (2), the by-law, amendment or repeal ceases to be effective and no subsequent resolution by the board to make, amend or repeal a by-law having substantially the same purpose or effect is effective until it is confirmed or confirmed as amended by the members.

Things done under by-laws not prejudiced.

5(6)

No act done, or right acquired, under any by-law to which subsection (4) applies is prejudicially affected by the subsequent rejection or variation of that by-law at a general meeting of the association.

Member may propose by-law.

5(7)

A member entitled to vote at an annual meeting of the association may make a proposal to make, amend or repeal a by-law.

Proposal for by-law to be sent to office of association.

5(8)

A member making a proposal pursuant to subsection (7) hereof shall send the proposal to the provincial office of the association.

Action by board upon receipt of proposal.

5(9)

Upon receiving the proposal the board shall cause the proposal to be published in the agenda for the next general meeting of the association which agenda shall be distributed to the membership in accordance with the by-laws of the association, but where there is not sufficient time before the next general meeting of the association to distribute the proposal in the manner hereinbefore provided in accordance with the provisions of the by-laws of the association then the proposal shall be contained in the agenda for the next following meeting and shall be distributed to the membership in accordance with the by-laws of the association prior to the next following general meeting of the association.

Regulations.

6(1)

Subject to approval by the Lieutenant Governor in Council, the board may make regulations to

(a) regulate the admission, registration, renewal of registration, suspension, expulsion and reinstatement of members and prescribe the conditions precedent to membership of persons applying therefor;

(b) prescribe the conditions precedent for the entry of members' names on the register referred to in section 8;

(c) implement and maintain standards for the practice of practical nursing consistent with the recommendations of the council;

(d) implement and maintain standards for practical nursing education consistent with the recommendations of the council;

(e) prescribe standards of voluntary continuing practical nursing education for all persons registered under this Act;

(f) prescribe the examination, written or oral or both, to be taken by individuals applying for registration under this Act.

Prior submission of regulations to members.

6(2)

Thirty days before submitting a regulation to the Lieutenant Governor in Council the board shall submit the regulation together with the recommendations of the council in respect of the regulations, if any, to the members at the next meeting of the members, and the members may, by ordinary resolution, confirm, reject or amend the regulation.

Executive director and registrar.

7

The board shall appoint an executive director and a registrar of the association who shall hold office during the pleasure of the board.

PART III

MEMBERSHIP

Register.

8(1)

The board shall cause to be kept a register and shall enter therein the name of every person registered according to this Act.

Rosters.

8(2)

In addition to the register, the board shall cause to be kept rosters, including

(a) a roster of active practicing members;

(b) a roster of associate members; and

(c) a roster of members holding conditional certificates issued under the provisions of this Act;

and shall enter the names of persons recorded in the register in the appropriate roster.

Entitlement to have name entered in register.

8(3)

Every person who qualifies for registration under the provisions of a regulation made pursuant to section 6 may, upon payment of the prescribed fee, have her name entered in the register and in the appropriate roster upon producing to the registrar satisfactory evidence of her qualifications.

Appeal from refusal to register.

8(4)

An applicant refused registration or the entry of her name in the appropriate roster by the registrar shall be given written reasons for the refusal and the applicant may by written notice appeal that decision to the board which shall consider the appeal within 30 days of the receipt of the notice and upon making its decision shall forthwith report that decision in writing to the applicant.

Discrimination prohibited.

8(5)

No person shall be denied membership in the association because of the race, nationality, religion, colour, sex, marital status, physical handicap, age, source of income, family status, political belief, ethnic or national origin of that person.

Unauthorized practice.

9(1)

No person shall practise as a licensed practical nurse or hold herself out for employment as a licensed practical nurse unless her name is entered in one of the rosters referred to in section 8, other than the roster referred to in clause 8(2)(b), and a person so registered shall practise or hold herself out as a licensed practical nurse only to such extent as is authorized by this Act.

Recovery of fees prohibited.

9(2)

No person shall bring an action in any court to collect fees, compensation or other remuneration, for services performed as a licensed practical nurse, unless she is registered under this Act.

Inspection of register.

10

The register shall be open to inspection by any person at the head office of the association at all reasonable times during regular business hours free of charge but any officer or employee of the association may refuse such access to the register if there is reasonable cause to believe that the applicant seeks the access merely for commercial purposes.

Effect of registration.

11(1)

Any person whose name is entered in the register and in the roster of active practising members is entitled to practise as a licensed practical nurse in Manitoba and is entitled to hold herself out as a licensed practical nurse without restriction, except for any restriction that may be imposed by any by-law of the association.

Associate member not to practise as a licensed practical nurse.

11(2)

Any person whose name is inscribed in the roster of associate members shall not practise as a licensed practical nurse, or hold herself out for employment as a licensed practical nurse, nor shall she take or use the designation "licensed practical nurse" or the initials "LPN" , either alone or in combination with other words, letters or description to imply that she is entitled to practise as a licensed practical nurse.

Practising under conditional certificates.

11(3)

Any person whose name is inscribed in the roster of persons holding conditional certificates may hold herself out as a licensed practical nurse and may practise as a licensed practical nurse subject to the conditions and limitations set by the board under the provisions of this Act, which conditions and limitations shall be entered in the appropriate roster in conjunction with the name of the person who is subject to them.

Prima facie evidence.

12

A certificate under the hand of an officer of the association is admissible in evidence as prima facie proof that the person therein specified is registered under this Act and is prima facie proof of any conditions or limitations set out in the certificate as applicable to that person.

Associate members.

13

Every person who has the qualifications and complies with the requirements of the by-laws of the association for registration as an associate member of the association shall be entered in the roster of associate members.

Persons temporarily in the province.

14

Nothing herein prohibits the practice of licensed practical nursing in Manitoba or the recovery of fees or compensation for professional services rendered as a licensed practical nurse by a person registered in another country, state, territory or province and whose engagement requires her to accompany and care for a patient temporarily residing in Manitoba during the period of the engagement, if that person does not represent herself or hold herself out as a person registered under the provisions of this Act.

Conditional registration.

15

Where the board, pursuant to the provisions of this Act, has limited the right of a member to practise or hold herself out as a licensed practical nurse by imposition of conditions, the name of the member shall be entered in the roster of persons holding conditional certificates together with particulars of all conditions imposed on the member.

Removal of names from register.

16(1)

The board shall cause the removal of a member's name from the register

(a) at the request or with the written consent of the member whose name is to be removed; or

(b) where the name has been incorrectly entered;

or

(c) where notification is received of a member's death; or

(d) where a member has been suspended; or

(e) where the registration of a member has been revoked.

Restoration of names to register.

16(2)

The board on such grounds as it deems sufficient may cause the name of a person removed from the register to be restored thereto either without fee or upon payment to the association of

(a) a sum not exceeding the fees or other sums in arrears and owing by the person to the association; and

(b) such additional sum as may be prescribed by the by-laws of the association.

Restoring names to register on terms.

16(3)

Where the name of a person who has been suspended or whose registration has been revoked is to be restored to the register under subsection (2), the board may by resolution direct that the name be restored subject to such terms and conditions as the board may prescribe.

Employers responsibility.

17

Every person, other than a patient, who employs a person as a licensed practical nurse and every agency or registry that procures employment for a person as a licensed practical nurse

(a) shall ensure that such person at the time of employment is the holder of an appropriate certificate under this Act; and

(b) shall report to the board any termination of such employment for reasons purporting to constitute professional misconduct, incompetence or incapacity and provide a copy of the report to the person whose employment is terminated.

Offence by member.

18(1)

Any person whose name is inscribed in the roster of persons holding conditional certificates who fails to comply with the conditions imposed on her as recorded in the roster is guilty of an offence.

Offence by employer.

18(2)

Any person other than a patient who, being an employer of a licensed practical nurse whose name is inscribed in the roster of persons holding conditional certificates causes or permits that licensed practical nurse to fail to comply with and observe the conditions imposed on her and recorded in the said roster is guilty of an offence.

Review of qualifications.

19

The board may review the qualifications of any member and may impose terms, conditions or limitations on her registration pending the demonstration of such standard of competence through the completion of such experience, courses of study or continuing education as the board specifies.

Membership certificate.

20

The board shall cause a certificate of membership to be issued each year to each person whose name is inscribed in the rosters, and the certificate shall state the date upon which it expires, the type of membership and any conditions or limitations imposed on the person to whom the certificate is issued.

Fraudulent misrepresentation.

21

Any person who obtains, or attempts to obtain, registration as a member of the association or a certificate of registration by making a false or fraudulent misrepresentation or declaration, either orally or in writing, and any person who knowingly assists in the making of such misrepresentation or declaration, is guilty of an offence.

PART IV

COMPLAINTS COMMITTEE

Appointment of complaints committee.

22(1)

The board shall appoint a complaints committee consisting of

(a) four members of the association; and

(b) three lay members, two of whom shall be named by the minister;

who shall hold office for such term as may be fixed by the board.

Chairman.

22(2)

The board shall appoint one of the members referred to in clause (l)(a) as chairman of the complaints committee.

Informal resolution of complaints.

23

The complaints committee shall receive and review complaints brought against any member in writing and where it is in the opinion of the committee appropriate, it shall attempt to informally resolve the matter, and where the complainant does not accept the resolution of the complaints committee, the matter shall be referred to the investigation chairman.

Rules of procedure for complaints committee.

24

The board shall establish rules of procedure for the complaints committee.

PART V

INVESTIGATION CHAIRMAN

Investigation chairman.

25

The board shall appoint from among the directors an investigation chairman.

Reference to investigation chairman.

26

Where a member, after she becomes a member, is convicted of an indictable offence, or where the complaints committee has reason to believe or is of the opinion that a member

(a) is guilty of professional misconduct or conduct unbecoming a member: or

(b) has demonstrated incapability or unfitness to practise practical nursing or is suffering from an ailment which might, if she continues to practise, constitute a danger to the public;

the committee shall refer the matter to the investigation chairman.

Preliminary investigation.

27

Upon referral from the complaints committee, the investigation chairman shall conduct a preliminary investigation or direct that a preliminary investigation into the matter be held by the registrar or by such other person as the investigation chairman sees fit.

Production of documents.

28

Notwithstanding the provisions of any other Act, upon the direction of the Investigation Chairman, any person or persons conducting such a preliminary investigation, may require the member concerned and any other member to produce any records, books, registers, papers and other documents or things in the member's possession or control that are relevant to the investigation and may require the attendance at any such investigation of the member concerned and any other member.

Court order for production of documents.

29

The investigation chairman for and in the name of the association may summarily apply ex parte to a judge of the Court of Queen's Bench for an order directing the member concerned or any other member or person to produce to the person or persons conducting such preliminary investigation any records, books, registers, papers and other documents or things in his possession or under his control, where the member or other person has failed to produce same when required under this Part, or where the judge is of the opinion that the issue of such an order is just and appropriate in the circumstances.

Matters that may be investigated.

30

Any person making a preliminary investigation into a matter concerning the conduct or capability or fitness of a member to practise licensed practical nursing may investigate any other matter concerning the conduct or capability or fitness to practise licensed practical nursing by the member that arises in the course of the investigation.

Action by person carrying out investigation.

31

The person or persons conducting such preliminary investigation shall report her or their findings in writing to the investigation chairman and the investigation chairman upon receipt of the report shall either

(a) direct that no further action be taken: or

(b) direct that the matter be dealt with and proceed to an inquiry pursuant to section 36.

Notice of decision.

32(1)

The investigation chairman shall serve notice of her decision taken pursuant to section 31 upon the complainant and upon the member concerned by registered or certified mail, postage prepaid, or by personal service.

Appeal from decision of investigation chairman.

32(2)

The complainant may within 15 days of service of such notice upon her but not thereafter appeal a decision of the investigation chairman that no further action be taken by sending by registered mail, postage prepaid, a notice of appeal directed to the registrar at the office of the association in Winnipeg or by personal service of the notice of appeal on the registrar of the association.

Suspension of member.

33

Notwithstanding any other provision herein, the investigation chairman may, at her discretion, direct the registrar to suspend a member from practice pending or following the completion of the preliminary investigation and thereupon the member is suspended from practice until the suspension is lifted, superseded, or annulled by the board or the Court of Queen's Bench.

PART VI

DISCIPLINE COMMITTEE

Composition of discipline committee.

34(1)

The board shall establish one or more discipline committees each comprised of

(a) a person recommended by the minister; and

(b) four individuals whose names are entered in the roster of active practising members;

of whom four shall constitute a quorum.

Chairman and vice-chairman.

34(2)

The board shall appoint from amongst the members of the discipline committee a chairman and vice-chairman.

Association's representative at enquiries.

34(3)

The association's solicitor may participate in an inquiry before the committee but shall not vote thereat or have participated in the investigation of the matter before the committee.

Member of discipline committee not to investigate matter.

34(4)

A person who is a member of the discipline committee shall not participate in or carry out an investigation of any matter that will be referred to the discipline committee for consideration.

Complainants appeal.

35

In the event of an appeal by a complainant pursuant to section 32, the discipline committee shall consider the matter, the recommendation of the complaints committee and the report on the preliminary investigation and shall

(a) direct that no further action be taken; or

(b) direct that the matter be dealt with and proceed to an inquiry pursuant to section 36.

Fixing date of inquiry.

36(1)

Where the investigation chairman directs that an inquiry be held into the conduct of a member or where the discipline committee decides to hold an inquiry into the conduct of a member, the discipline committee shall within 30 days from the date of the direction or decision fix a date, time and place for the holding of the inquiry which shall commence no later than 60 days from the date of the direction or decision.

Service of notice.

36(2)

Upon fixing the date, time and place of the holding of an inquiry under subsection (1), the discipline committee shall serve written notice thereof either personally upon the member who is the subject of the inquiry or send a copy of the notice either by registered or certified mail, to the member and to the complainant at least 30 days prior to the date so fixed, exclusive of weekends and holidays, at her post office address as shown in the roster of the association.

Effective date of service.

36(3)

Notice sent by post shall be deemed to have been served on the date when it was posted.

Proof of service.

36(4)

Proof of service of the notice may be by affidavit or statutory declaration.

Hearings held in Winnipeg.

36(5)

All hearings of the discipline committee shall be held in The City of Winnipeg unless otherwise directed by the board.

Hearings to be private.

36(6)

All hearings of the discipline committee shall be held in private unless the person whose conduct is the subject of inquiry applies to the board for a public hearing, and the board is satisfied that none of the parties to the hearing would be prejudiced by the holding of a public hearing; but where the board determines that there may be prejudice to any of the parties to the hearing, it shall give written reasons therefor.

Hearing in absentia.

36(7)

Where the person whose conduct is the subject of inquiry does not attend, the discipline committee upon proof of service of the notice in accordance with this section, may proceed with the inquiry in her absence and, without further notice to her, take such action as it is authorized to take under this Act.

Right to counsel.

36(8)

The person whose conduct is the subject of an inquiry is entitled to be represented by counsel or agent and the person, counsel or agent has a right to examine all documents and records to be used at the inquiry, prior to the date of the inquiry.

Adjournment.

36(9)

Hearings may be adjourned from time to time.

Evidence under oath.

36(10)

The testimony of witnesses at the hearing shall be taken under oath and there shall be a full right to cross-examine all witnesses and to call evidence in defence and reply.

Administration of oath.

36(11)

Any oath required to be administered pursuant to subsection (10) may be administered by any member of the discipline committee.

Service of subpoenas.

36(12)

The discipline committee holding the inquiry, or any party to the inquiry, may obtain, on praecipe from the court, and serve subpoenas for the attendance of witnesses and production of books, documents and things at the inquiry.

Witness allowance.

36(13)

The witnesses are entitled to the same allowance as witnesses attending upon a trial of an action in the Court of Queen's Bench.

Certified copies of convictions as evidence.

36(14)

For the purposes of an inquiry a certified copy under the seal of the court or under hand of the convicting magistrate or justice of the peace, or under the hand of the clerk of a provincial court, of the conviction of a person for any crime or offence under The Criminal Code (Canada) or under any other statute is conclusive evidence that the person has committed the crime or offence stated therein, unless it be shown that the conviction has been quashed or set aside.

Evidence by affidavit or viva voce.

36(15)

Evidence may be adduced before the discipline committee holding the hearing or inquiry either by affidavit or viva voce or both, as the discipline committee may determine; but the name of a member shall not be removed from the register on affidavit evidence alone.

Rules of procedure.

36(16)

A discipline committee, subject to the approval of the board, for the purpose of holding an inquiry may prescribe its own rules of procedure.

Evidence to be recorded.

36(17)

All evidence submitted to the discipline committee shall be reduced to writing, taken down in shorthand or mechanically recorded.

Preservation of evidence.

36(18)

All evidence presented to the discipline committee, together with all reports, orders or other papers on which the discipline committee acted, shall be preserved for a period of five years from the date of the presentation of the evidence or filing of other documents with the discipline committee.

Disciplinary action against member.

37(1)

Where after an inquiry the discipline committee finds a member to have been guilty of professional misconduct, conduct unbecoming a member, or to have demonstrated incapacity or unfitness to practise licensed practical nursing, or to be suffering from an ailment that might if the member continues to practise licensed practical nursing constitute a danger to the public, the discipline committee may by resolution

(a) cause the name of that member to be erased from the register and from any roster; or

(b) suspend the member for a period not in excess of two years; or

(c) reprimand the member; or

(d) permit the member to practise upon such terms and conditions as it may deem appropriate.

Decision to be in the form of an order.

37(2)

The decision of the discipline committee and the reasons therefor shall in every instance be embodied in a formal order and shall be served on the person whose conduct is the subject of inquiry and upon the complainant by registered or certified mail, or by personal service.

Costs.

37(3)

The board has the power to award costs against any member of the association and may also reimburse any member of the association for costs incurred through disciplinary action which, in the discretion of the board, is considered unwarranted.

PART VII

APPEALS

Appeal to board.

38(1)

Where a complainant or a member is served with an order of the discipline committee under subsection 37(2), that person may appeal the order to the board by filing a written notice of appeal at the office of the association either in person or by registered or certified mail not later than 30 days from the date of the service of the order.

Grounds of appeal.

38(2)

Any notice of appeal given under the provisions of this section shall set forth the grounds of appeal and shall state the relief asked.

Record of proceedings.

39(1)

Where an appeal is made under section 38, the registrar shall obtain a transcript of the evidence given before the discipline committee and the exhibits filed with the discipline committee, and the transcript of evidence and the exhibits so obtained and the formal order of the discipline committee constitutes the record of the proceedings before the discipline committee.

Action by registrar on appeal.

39(2)

On receiving a copy of the resolutions and order of the discipline committee and the record of the proceedings, the registrar shall

(a) serve on the member concerned and the complainant or their counsel or agent a notice informing them

(i) of the time and place at which the appeal will be considered by the board; and

(ii) that they may appear before the board at the appeal in person or by counsel or agent; or

(b) furnish each board member with a copy of the resolutions and order of the discipline committee together with a copy of the record of proceedings.

Suspension pending appeal.

40(1)

Notwithstanding an appeal under section 38, the discipline committee may suspend the registration of the member concerned until the time that the board makes its decision on the appeal.

Application to court to remove suspension.

40(2)

A person whose registration has been suspended under subsection (1) or under section 33 may by filing an originating notice of motion with the Court of Queen's Bench apply for an order removing the suspension.

Service of notice of motion on discipline committee.

40(3)

A person who applies for an order under subsection (2) shall within seven days after the date of the filing of the notice of motion under that subsection, serve a copy thereof on the chairman or vice-chairman of the discipline committee.

Time for hearing of application.

40(4)

An application made under subsection (2) shall be heard not earlier than seven days after the date of service on the chairman or vice-chairman of the discipline committee.

Court may remove suspension.

40(5)

Upon hearing an application made under this section, the Court of Queen's Bench may, subject to any conditions that it considers proper remove the suspension pending the determination of the matter under consideration or appeal.

Proceedings before board.

41(1)

The board shall at a meeting held for that purpose consider the decision of the discipline committee and shall hear any representations that the member concerned and the complainant or their counsel or agent wish to make respecting the findings and order of the discipline committee and the record of proceedings.

Certain persons precluded from participation in appeal.

41(2)

The investigating chairman and any board member who was a member of the discipline committee or complaints committee that considered a matter appealed from shall not participate in or vote at an appeal before the board.

Association's representative at appeals.

41(3)

The association's solicitor may participate in an appeal before the board but shall not vote thereat or have participated in the investigation of the matter before the board.

Action by board on appeal.

41(4)

The board may

(a) grant adjournments of the proceedings or reserve the determination of the matters before them for a future meeting of the board;

(b) upon granting special leave for that purpose, receive further evidence in the same manner and subject to the same rules and procedures and with the same powers as are provided in Part VI with respect to hearings before the discipline committee;

(c) draw inference of fact and make any determination or finding that, in their opinion, ought to have been made by the discipline committee.

Disposition of appeal by board.

41(5)

The board shall, within 30 days from the date of the conclusion of all proceedings before them

(a) make any finding that in its opinion ought to have been made;

(b) quash or confirm the finding or order of the discipline committee;

(c) confirm or vary the order of the discipline committee;

(d) confirm or vary any order of the discipline committee as to costs or make a new order as to costs; or

(e) refer the matter back to the discipline committee for further consideration.

Costs on appeal.

41(6)

The board may make any award as to costs of an appeal that it considers appropriate.

Appeal to Court of Queen's Bench.

42(1)

Any person whose registration has been revoked or suspended or whose registration has been continued subject to conditions imposed by the board and any person who has been refused admission to the association or the entry of her name on a roster may appeal from the decision of the board or the discipline committee including any order as to costs to a judge of the Court of Queen's Bench at any time within 30 days of the date of the order or decision appealed against or within such further time as the judge may allow.

Order of judge.

42(2)

The judge hearing the appeal may make such order or give such direction as to the cancellation or suspension of the registration or as to the conditions imposed upon the continuation of the registration or as to the refusal of admission and as to the costs of the appeal including any award as to costs under subsection 41(6), as to him seems just.

Documents to be filed by applicant.

42(3)

Subject to subsection (4), the appellant shall file, together with and at the same time as the Notice of Appeal, a certificate signed by an officer of the association stating that at least two copies of a transcript of evidence have been ordered unless the judge otherwise orders.

Absence of recorded evidence.

42(4)

Where the evidence at the hearing or inquiry was not reduced to writing or otherwise mechanically recorded, or where it was so recorded but a transcript thereof cannot be obtained, the appeal before a judge of the Court of Queen's Bench shall be a trial de novo.

Failure to file transcript of evidence.

42(5)

If a transcript of evidence at the hearing is obtainable and the appellant has not filed the two copies thereof with the court within 30 days of the date of the filing of the Notice of Appeal, the appeal shall be abandoned.

PART VIII

MISCELLANEOUS

Exemption from civil liability.

43

The association, or the board, or the discipline committee, or the complaints committee, or any member of the board or of a committee, is not liable for any loss or damage suffered by any person as a result of anything done by the association or any member of a committee in good faith in the administration of this Act or by-laws made thereunder.

Publication of suspensions and revocations.

44

The board may cause any notice of suspension or revocation or reinstatement of membership to be published, with or without stating the reasons for such suspension or revocation or reinstatement, as the board in its absolute discretion decides.

Retention of counsel by board.

45

The board or the discipline committee may for the purpose of the execution of their duties under this Act or the by-laws, employ at the expense of the association, such legal or other assistance as the board or discipline committee may think necessary or proper.

Reporting by members.

46(1)

Every member or associate member who believes a licensed practical nurse to be suffering from a physical or mental condition or disorder of a nature and extent making it desirable and in the interests of the public that she no longer be permitted to practise as a licensed practical nurse or that her practice be restricted, shall disclose to an officer of the association the name of such licensed practical nurse together with particulars of the condition or disorder; and any failure by a member or associate member to comply with this subsection shall be deemed to be professional misconduct.

Non-application of confidential information.

46(2)

Subsection (1) does not apply to information obtained by a member which is confidential by reason of a nurse-client relationship.

Exemption from civil liability for disclosure.

46(3)

A person disclosing information under subsection (1) shall not be subject to any liability as a result thereof except where it is proved that such disclosure was made maliciously.

PART IX

PRACTICAL NURSING COUNCIL

Council respecting education programs.

47(1)

There shall be a Practical Nursing Council to review and make recommendations to the board on matters pertaining to practical nursing education programs.

Composition of council.

47(2)

The council shall be composed of the following persons:

(a) one person, who shall be a member of the Faculty of Medicine, nominated by the Board of Governors of The University of Manitoba;

(b) four persons nominated by the minister;

(c) one person nominated by the Minister of Education; and

(d) four persons appointed by the board;

Chairman.

47(3)

The minister shall appoint one of the members as chairman of the council.

Failure to nominate or appoint persons to council.

47(4)

Where a person or group of persons is required under subsection (2) to nominate or appoint a member to council fails to make the nomination or appointment for at least three months after she or they are notified to make the nomination, those members already nominated or appointed shall nominate or appoint the required number of persons to the council.

Terms of office of council members.

47(5)

Every member of council, unless she sooner resigns, dies or for any reason ceases to be a member of council, shall hold office for a term of two years and thereafter until her successor is appointed.

Filling of vacancies.

47(6)

Where for any reason there occurs a vacancy on council, the remaining members of council shall fill the vacancy for the unexpired portion of the term of the vacancy.

Limitation of terms on council.

47(7)

No person shall serve as a member of council for more than two consecutive terms.

Vice-chairman elected.

47(8)

The council may elect a vice-chairman from amongst its own members.

Quorum.

47(9)

Five members of the council shall constitute a quorum for the transaction of business, and a simple majority of the quorum present at any properly constituted meeting shall govern.

Meetings.

47(10)

Meeting of the council shall be held at the call of the chairman, vice-chairman or any three members thereof and each member of the council shall be given at least seven days written notice of the meetings.

Functions of council.

48(1)

The council shall

(a) develop and prescribe standards of practice and standards of curricula for practical nursing and pre-admission standards, and make regulations for practical nursing educational programs governing such matters as, in the opinion of the council, require to be regulated for the purpose of securing an effective educational program for students of practical nursing;

(b) make those standards and regulations known to all interested persons, agencies and institutions upon request;

(c) provide for verification, by means of visits or otherwise, that those standards are being met and those regulations observed.

Further functions of council.

48(2)

Subject to subsection 49(1) and (2), the council shall

(a) approve practical nursing educational programs which consistently meet those standards and observe those regulations;

(b) withhold or withdraw such approval of practical nursing educational programs that do not consistently meet those standards and observe those regulations;

(c) approve, conditionally approve, or withhold approval of new practical nursing educational programs, or changes in existing practical nursing educational programs, in accordance with the standards and the regulations.

Education programs subject to approval of the minister.

49(1)

No person shall, alone or in concert with others, establish, maintain, conduct or participate directly or indirectly, other than as an employee, in the ownership or operation of a licensed practical nursing education program without the authority and consent in writing of the minister.

Minister may withdraw consent for certain programs.

49(2)

The minister may refuse or withdraw his authority and consent for the establishment or continuance of any licensed practical nursing education program whenever he has reasonable grounds to believe that the standards and regulations are not being, or have not been adequately complied with.

Prior programs deemed to be continued.

49(3)

All licensed practical nursing education programs approved prior to the coming into force of this Act shall be deemed to have been approved by the board under this Act unless and until such approval is withdrawn.

Annual report by council.

50

The council shall prepare and submit a report to the board annually, at least two months prior to the date fixed for the annual general meeting of the association. The report shall summarize the activities of the council during the preceding 12 months and shall contain such other information and recommendations, if any, as the council may think desirable.

PART X

GENERAL

Offence.

51(1)

Any person who disobeys or contravenes, or refuses, neglects, omits or fails to observe any provision of this Act other than the provisions of subsection 46(1), is guilty of an offence.

Penalty.

51(2)

Every person who is guilty of an offence under this Act is liable on summary conviction, to a fine of not more than $500. or to imprisonment for a term not exceeding six months, or to both.

Any person may be prosecutor of offence.

51(3)

Any person may be a prosecutor or complainant in the prosecution of an offence under this Act and the government may pay to the prosecutor such portion of any fine recovered as it considers just and expedient towards the cost of the prosecution.

Limitation on prosecution.

51(4)

No prosecution under this Act shall be commenced after the expiration of one year from the date of the alleged offence.

Stay of proceedings.

51(5)

Where the association is the prosecutor of an offence under this Act it may, upon an order signed by the President of the association and having the seal of the association affixed thereto, apply for a stay of proceedings in any such prosecution.

Single act of unauthorized practice.

52

In any prosecution under this Act it is sufficient to prove that the accused has done or committed a single act of unauthorized practice, or has committed on one occasion any of the acts prohibited by this Act.

Conflict with Corporations Act.

53

Where a provision of this Act or of any by-law passed pursuant to this Act is inconsistent with or repugnant to any provision of The Corporations Act, the provision of this Act or the by-laws passed pursuant to this Act prevails.

Confidentiality of information.

54

Except for the purposes of a prosecution under this Act, or in any court proceedings, or for the purpose of the administration and enforcement of this Act and the regulations, no person acting in an official or other capacity under this Act or the regulations shall

(a) knowingly communicate or allow to be communicated any information obtained by her in the course of administering this Act or the regulations; or

(b) knowingly allow any other person to inspect or to have access to, any document, record, file, correspondence or other record obtained by her in the course of administering this Act or the regulations.