Registered Nurses Act, 1988, R-12.2
This part sets up the Saskatchewan nursing college, defines key terms, limits who may use nursing titles or practise registered nursing, and gives the college and its committees powers over registration, bylaws, investigations, and discipline.
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This part sets up the Saskatchewan nursing college, defines key terms, limits who may use nursing titles or practise registered nursing, and gives the college and its committees powers over registration, bylaws, investigations, and discipline. The provision sets out disciplinary procedures, appeal rights, reinstatement, confidentiality for competence-program information, liability protection requirements, offences, employer duties, and transitional rules for nurses.
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Provisions of Registered Nurses Act, 1988, R-12.2
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Registered Nurses Act, 1988, R-12.2 — segment 1
AI-assisted research summary: This part sets up the Saskatchewan nursing college, defines key terms, limits who may use nursing titles or practise registered nursing, and gives the college and its committees powers over registration, bylaws, investigations, and discipline.
1 REGISTERED NURSES, 1988 c R-12.2 The Registered Nurses Act, 1988 being Chapter R‑12.2 of the Statutes of Saskatchewan, 1988-89 (effective September 15, 1988) as amended by the Statutes of Saskatchewan, 1989‑90, c 15; 1991, c T‑1.1; 1993, c 37; 2001, c 37; 2003, c 10; 2009, c T‑23.01; 2010, c B‑12, c 19 and c 20; 2014, c E‑13.1; 2015, c 21; 2017, c P‑30.3; 2018, c C‑2.111 and c 42; 2020, c 9; 2021, c 6; and 2023, c 6. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation. 2 c R-12.2 REGISTERED NURSES, 1988 Table of Contents SHORT TITLE AND INTERPRETATION 24.3 Examination to assess whether curtailment of 1 Short title practice should be ordered 2 Definitions 25 Professional incompetence 26 Professional misconduct COLLEGE 3 College continued 27 Investigation committee 3.1 Duty and objects of college 28 Investigation 4 Membership 28.1 Investigative powers 5 Property 28.2 Suspension pending outcome of investigation 6 Meetings 29 Discipline committee COUNCIL 30 Discipline hearing 7 Council 31 Disciplinary powers 8 Certain appointments 32 Criminal conduct 9 Resignation 33 Conviction for indictable offence 10 Vacancy 34 Appeal 11 Officers 35 Appeal to the court 12 Employees 36 Effect of appeal 13 Committees 36.1 Appeal BYLAWS 37 Effect of expulsion 14 Procedures 38 Reinstatement 15 Bylaws CONTINUING COMPETENCE PROGRAM 16 Filing of bylaws 38.1 Continuing competence program MEMBERSHIP, LICENCES GENERAL AND REGISTRATION 39 No action against committees 17 Admission, licences 40 Repealed 18 Register 41 Liability protection 19 Registered nurse 42 Offence 20 Graduate nurse 43 Employer responsibility 21 Delegation and appeal 44 Review by Assembly 22 Compliance 45 Record of revocation and notification PROHIBITION 46 Acting for gain 23 Title REPEAL 24 Practice 47 R.S.S. 1978 (Supp.), c R‑12.1 repealed DISCIPLINE 48 Transitional 24.1 Interpretation re discipline provisions 49 Coming into force 24.2 Proceedings against former members 3 REGISTERED NURSES, 1988 c R-12.2 CHAPTER R-12.2 An Act respecting Registered Nurses SHORT TITLE AND INTERPRETATION Short title 1 This Act may be cited as The Registered Nurses Act, 1988. Definitions 2 In this Act: “administrative bylaw” means a bylaw made for a purpose set out in subsection 15(1); “bylaws” means the valid and subsisting bylaws of the college; “client” means the person or group of persons to whom nursing activities are directed; “college” means the College of Registered Nurses of Saskatchewan continued pursuant to section 3; “council” means the council of the college; “court” means the Court of King’s Bench; “executive director” means the executive director appointed pursuant to section 12; “former association” means The Saskatchewan Registered Nurses’ Association as it existed on the day before the coming into force of Part 19 of The Miscellaneous Statutes (Health Professions) Amendment Act, 2023; “graduate nurse” means a person who is registered pursuant to section 20 and whose registration is not suspended or who is not expelled; “member” means a member of the college who is in good standing; “minister” means the member of the Executive Council to whom for the time being the administration of this Act is assigned; “nurse” means a graduate nurse or a registered nurse; “practice of registered nursing” means the performance or coordination of health care services, including but not limited to: (a) observing and assessing the health status of clients and planning, implementing and evaluating nursing care; and (b) the counselling, teaching, supervision, administration and research that is required to implement or complement health care services; 4 c R-12.2 REGISTERED NURSES, 1988 for the purpose of promoting, maintaining or restoring health, preventing illness and alleviating suffering where the performance or coordination of those services requires: (c) the knowledge, skill or judgment of a person who qualifies for registration pursuant to section 19 or 20; (d) specialized knowledge of nursing theory other than that mentioned in clause (c); (e) skill or judgment acquired through nursing practice other than that mentioned in clause (c); or (f) other knowledge of biological, physical, behavioural, psychological and sociological sciences that is relevant to the knowledge, skill or judgment mentioned in clause (c), (d) or (e); “practising member” means a registered nurse who qualifies as a practising member in accordance with the bylaws; “record” means any information that is recorded or stored in any medium or by means of any device, including a computer or electronic media; “register” means the register kept pursuant to section 18; “registered nurse” means a person who is registered pursuant to section 19 and whose registration is not suspended or who is not expelled; “registrar” means: (a) the registrar appointed pursuant to section 12; (b) in the absence of an appointment, the executive director; “regulatory bylaw” means a bylaw made for a purpose set out in subsection 15(2). 2023, c 6, s 19‑2. COLLEGE College continued 3(1) The Saskatchewan Registered Nurses’ Association is continued as a corporation to be known as the College of Registered Nurses of Saskatchewan. (2) A reference in any Act, regulation, order, bylaw, contract or other document to the former association is deemed to be a reference to the college. 2023, c 6, s 19‑4. Duty and objects of college 3.1(1) It is the duty of the college at all times: (a) to serve and protect the public; and (b) to exercise its powers and discharge its responsibilities in the public interest and not in the interests of the members. 5 REGISTERED NURSES, 1988 c R-12.2 (2) The objects of the college are: (a) to regulate the practice of the profession and to govern the members in accordance with this Act and the bylaws; and (b) to assure the public of the knowledge, skill, proficiency and competency of members in the practice of the profession. (3) In furtherance of its duty and objects, the college may: (a) establish, maintain and enforce standards for registration and of continuing competency and standards of practice for members; (b) establish, maintain and enforce a code of ethics for members; (c) approve programs of study and education courses for the purposes of registration requirements; (d) establish and maintain a continuing competency program to promote high practice standards among members; and (e) carry out any other regulatory activity that the college determines is consistent with its duty and objects. 2023, c 6, s 19‑4. Membership 4(1) The membership of the college consists of those persons who are admitted as members of the college pursuant to this Act and the bylaws. (2) A person who was a member of the former association continues as a member of the college, subject to any term, condition or limitation to which the person’s membership is subject. 2023, c 6, s 19‑4. Property 5(1) The college may acquire, hold, mortgage, lease, sell or dispose of any property. (2) All fees, fines and penalties receivable or recoverable pursuant to this Act are the property of the college. (3) The college may invest its funds in investments in which trustees are authorized to invest pursuant to The Trustee Act, 2009 and may sell or otherwise dispose of those investments and may reinvest the proceeds in similar investments. 1988‑89, c R‑12.2, s 5; 2009, c T‑23.01, s 64; 2023, c 6, s 19‑14. Meetings 6(1) An annual meeting of the college is to be held at that time and place that is determined by the council in accordance with the bylaws. (2) The procedure at an annual meeting is to be determined by bylaw. 6 c R-12.2 REGISTERED NURSES, 1988 (3) A special meeting of the college is to be held: (a) on resolution of the council; or (b) on the demand, in writing, of at least 250 members; for the transaction of the business that is specified in the resolution or demand. (4) The executive director shall give notice of an annual or special meeting to each member by ordinary mail sent at least 14 days before the meeting. 1988‑89, c R‑12.2, s 6; 2023, c 6, s 19‑14. COUNCIL Council 7(1) The council shall govern, manage and regulate the affairs and business of the college. (2) The council consists of: (a) the number of persons elected or appointed in accordance with the bylaws; and (b) the persons appointed pursuant to section 8. (3) Members of the council are entitled to remuneration and reimbursement for expenses in the amount prescribed in the bylaws. (4) Each person elected or appointed as a member of the council pursuant to clause (2)(a) holds office: (a) for the term prescribed in the bylaws; and (b) until the person’s successor is elected or appointed, as the case may be. (5) A person who was a member of the council of the former association continues as a member of the council of the college for the remainder of the person’s term and until the person’s successor is elected or appointed, as the case may be. 2023, c 6, s 19‑5. Certain appointments 8(1) The Lieutenant Governor in Council may appoint not more than three persons who are residents of Saskatchewan as members of the council. (2) Where the Lieutenant Governor in Council appoints a person as a member of the council, the term of office of that person is not to exceed three years. (3) Subject to subsection (4), a person appointed pursuant to this section holds office until the person’s successor is appointed and is eligible for reappointment, but is not eligible to hold office for more than two consecutive terms. (4) A person appointed pursuant to this section ceases to hold office if the person ceases to be a resident of Saskatchewan. 7 REGISTERED NURSES, 1988 c R-12.2 (5) A member of the council appointed pursuant to this section may exercise rights and serve as a member of committees to the same extent as other members of the council, but is ineligible to be an officer of the council. (6) The minister shall remunerate and reimburse for expenses the members of the council appointed pursuant to this section at the rate determined by the Lieutenant Governor in Council. 1988‑89, c R‑12.2, s 8; 2001, c 37, s 4; 2003, c 10, s 3. Resignation 9(1) A member of the council elected or appointed pursuant to clause 7(2)(a) may resign by giving a written notice of resignation to the council. (2) A member of the council appointed pursuant to section 8 may resign by giving a written notice of resignation to the minister and the council. (3) The resignation of a member of the council is effective on the date stated on the written notice or, if no date is stated: (a) in the case of the resignation of a member of the council elected or appointed pursuant to clause 7(2)(a), on the date the written notice is received by the council; or (b) in the case of the resignation of a member of the council appointed pursuant to section 8, on the date the written notice is received by the minister. 2023, c 6, s 19‑6. Vacancy 10(1) When the office of a person elected or appointed as a member of the council pursuant to clause 7(2)(a) becomes vacant, the remaining members of the council may appoint another person to fill the vacancy until the earlier of: (a) the expiry of the term of office of the person who ceased to be a member of the council; and (b) the day on which a person is elected or appointed to fill the vacancy in accordance with this Act and the bylaws. (2) A vacancy in the membership of the council does not impair the power of the remaining members of the council to act. (3) If the licence of a member serving as a member of the council is suspended, the member’s powers and duties as a member of the council are suspended for the same period. (4) If a member serving as a member of the council is expelled from the college, the member ceases to be a member of the council on the day the member is expelled. 2023, c 6, s 19‑6. 8 c R-12.2 REGISTERED NURSES, 1988 Officers 11 The officers of the college are to be those that are: (a) designated in the bylaws; and (b) appointed or elected in accordance with the bylaws. 1988‑89, c R‑12.2, s 11; 2023, c 6, s 19‑14. Employees 12(1) The council shall appoint a registered nurse as executive director. (2) The executive director may: (a) appoint a registered nurse as a registrar; and (b engage any employees that the council considers necessary to carry out the duties and functions of the college. (3) The council shall, subject to this Act and the bylaws, determine the duties, responsibilities and remuneration of employees of the college. 1988‑89, c R‑12.2, s 12; 2023, c 6, s 19‑14. Committees 13(1) The council may establish any committees that are provided for by the bylaws or that it considers necessary. (2) The council shall appoint members to any committees that are provided for by this Act or the bylaws or that it has established pursuant to subsection (1). (3) Committee members are eligible to be paid any remuneration that may be prescribed in the bylaws. (4) The council may delegate to a committee that is: (a) provided for by this Act or the bylaws; or (b) established pursuant to section (1); any of its powers or duties, other than those set out in section 34, on those terms or conditions that the council may determine. (5) Subject to subsections 27(1) and 29(1), a member of a committee appointed pursuant to subsection (1) may be a person who is not a nurse. (6) Subject to this Act and the bylaws, a committee may establish its own procedures. 1988‑89, c R‑12.2, s 13. Procedures 14(1) The council may make bylaws for any purpose set out in section 15. (2) The executive director shall notify each member of each bylaw made pursuant to subsection (1) within 60 days after the bylaw is made. (3) Failure to comply with subsection (2) does not invalidate a bylaw. 9 REGISTERED NURSES, 1988 c R-12.2 (4) Subject to subsection (5), an administrative bylaw comes into force on the date specified in the bylaw, which date shall not be earlier than the date on which the bylaw is passed by the council. (5) If an administrative bylaw does not specify the date on which it comes into force, the bylaw comes into force on the date on which it is passed by the council. (6) No regulatory bylaw made by the council comes into force until it is: (a) approved by the minister pursuant to section 16; and (b) published in the Gazette. 2023, c 6, s 19‑7. Bylaws 15(1) Subject to this Act, administrative bylaws may be made pursuant to section 14 for the following purposes: (a) prescribing the seal of the college; (b) providing for the execution of documents by the college; (c) respecting the banking and financial dealings of the college; (d) fixing the fiscal year of the college and providing for the audit of the accounts and transactions of the college; (e) respecting the management of the property of the college; (f) prescribing the number and terms of office of members of the council, other than the persons appointed pursuant to section 8; (g) prescribing the duties of members of the council and officers and employees of the college; (h) prescribing the remuneration and reimbursement for expenses for members of the council and committees; (i) governing the procedures for the election or appointment of members of the council, other than persons appointed pursuant to section 8; (j) prescribing the organization, powers and procedures of the council and regulating the council in the performance of its duties; (k) respecting the holding and procedures of meetings of the council and annual or special meetings of the college; (l) prescribing the amount of registration, licensing and other fees payable to the college, the times of payment and the penalties for late payment; (m) providing for the receipt, management and investment of contributions, donations and bequests from nurses or other persons; (n) establishing and governing scholarships, bursaries and prizes; (o) regulating joint participation by the college with any educational institution or any person, group, association, organization or body corporate having goals or objectives similar to those of the college; 10 c R-12.2 REGISTERED NURSES, 1988 (p) establishing any committees that the council considers necessary, prescribing the manner of election, appointment or removal of committee members, determining the duties of committees and establishing procedures for the operation of committees; (q) providing for any other thing that is necessary for the effective administration of the college. (2) Subject to this Act, regulatory bylaws may be made pursuant to section 14 for the following purposes: (a) prescribing the qualifications, standards and tests of competency and good character for: (i) the registration of persons as members; and (ii) the issuing of licences; (b) prescribing: (i) the procedures governing registration of persons as members; (ii) the procedures governing the issuing of licences; (iii) the terms and conditions of licences; (c) providing for a code of professional ethics; (d) setting standards of professional conduct, competency and proficiency of nurses; (e) setting standards regarding the manner and method of the practice of registered nursing; (f) establishing and governing a program for the purpose of reviewing and improving the quality of nursing care provided by members and requiring the participation of members in the program; (g) establishing categories of practice and prescribing the requirements for admission to each of those categories and the practising rights and privileges associated with each category; (h) governing the prescribing and dispensing of drugs by a registered nurse; (i) designating screening and diagnostic tests that a registered nurse may order, perform, receive or interpret and prescribing conditions or restrictions on the ordering, performing, receiving or interpreting of those tests; (j) designating minor surgical and invasive procedures that a registered nurse may perform and prescribing conditions or restrictions on the performing of those procedures; (k) prescribing procedures for: (i) the investigation by the investigation committee of reports; and (ii) hearings by the discipline committee of complaints; alleging that a nurse is guilty of professional misconduct or professional incompetence; 11 REGISTERED NURSES, 1988 c R-12.2 (l) respecting the establishment of panels of the investigation committee and the discipline committee and the composition of the panels, determining the duties of the panels and establishing procedures for the operation of the panels; (m) governing the reinstatement of a nurse who has been expelled; (n) prescribing qualifications for admission to practising membership; (o) establishing categories of membership in the college and prescribing the rights and privileges of each category; (p) prescribing the circumstances under which nurses are required to attend re‑entry education programs and courses and approving programs and courses for that purpose; (q) governing the approval of registered nursing education programs for purposes of registration pursuant to this Act and prescribing terms and conditions for initial or continued approval of those programs; (r) governing examinations to be held for the purposes of section 19; (s) governing persons who practise under temporary licences issued for the purposes of section 20; (t) prescribing the minimum amount of liability protection that nurses or a category of nurses are required to obtain; (u) prescribing any other matters considered necessary for the better carrying out of this Act. 2023, c 6, s 19‑7. Filing of bylaws 16(1) The college shall file with the minister two copies, certified by the executive director to be true copies, of: (a) all regulatory bylaws; and (b) any amendment to a regulatory bylaw, together with two certified copies of the regulatory bylaw to which the amendment relates. (2) If the minister does not advise the college in writing within 90 days after receiving copies of the regulatory bylaw or amendment that the minister approves the regulatory bylaw or amendment, the regulatory bylaw or amendment is deemed not to be approved. (3) If the minister approves a regulatory bylaw or an amendment to a regulatory bylaw, the minister shall file with the Registrar of Corporations two copies, certified by the executive director to be true copies, of the regulatory bylaw or amendment. (4) Within 30 days after an administrative bylaw or an amendment to an administrative bylaw is made, the council shall file with the Registrar of Corporations two copies, certified by the executive director to be true copies, of the administrative bylaw or amendment. (5) If an administrative bylaw or an amendment to an administrative bylaw is not filed within the 30‑day period mentioned in subsection (4), the administrative bylaw or amendment is deemed to be revoked on the expiration of the period. 2023, c 6, s 19‑7. 12 c R-12.2 REGISTERED NURSES, 1988 MEMBERSHIP, LICENCES AND REGISTRATION Admission, licences 17(1) The council may, in accordance with this Act and the bylaws, admit persons as members. (2) The council may grant licences to nurses. 1988‑89, c R‑12.2, s 17. Register 18(1) The council shall, in accordance with the bylaws, cause a register of all nurses to be kept. (2) The register mentioned in subsection (1) is to be kept: (a) at the head office of the college; and (b) open for inspection by all persons, without fee, during normal office hours of the college. (2.1) The register may be made available in any other manner acceptable to the registrar, including an electronic format. (3) A copy of the register or an extract from the register that is certified by the registrar is admissible in evidence as prima facie proof of its contents and that the nurses specified in it are nurses: (a) in good standing; or (b) suspended; at the date of the certification, without proof of the signature or appointment of the registrar. (4) The absence of the name of a person in a copy of the register or an indication that the person is suspended as a nurse is prima facie proof that the person is not a nurse or is suspended, as the case may be. 1988‑89, c R‑12.2, s 18; 2020, c 9, s 34; 2023, c 6, s 19‑14. Registered nurse 19(1) The council may register as a registered nurse and issue a licence to practise registered nursing to a person who produces evidence establishing to the satisfaction of the council that the person: (a) either: (i) has: (A) successfully completed a basic registered nursing education program given: (I) in Saskatchewan and approved by the council; or (II) outside Saskatchewan and recognized by the council as being equivalent to a Saskatchewan registered nursing education program approved by the council; and 13 REGISTERED NURSES, 1988 c R-12.2 (B) passed examinations: (I) prescribed and conducted pursuant to the bylaws; or (II) recognized by the council as being equivalent to examinations mentioned in subclause (i); or (ii) is registered as the equivalent of a registered nurse in good standing pursuant to the legislation of another jurisdiction in Canada, or the legislation of a jurisdiction outside of Canada that is recognized by the council; (b) is of good character; and (c) has complied with the bylaws with respect to registration. (2) Repealed. 2010, c 19, s 32. (3) Repealed. 2010, c 19, s 32. (4) The council may, in accordance with the bylaws, place conditions or restrictions on a licence issued pursuant to this section. 1988‑89, c R‑12.2, s 19; 2001, c 37, s 6; 2010, c 19, s 32. Graduate nurse 20(1) The council may register as a graduate nurse and issue a temporary licence to practise registered nursing to a person who is of good character and has complied with the bylaws with respect to registration but: (a) does not fully meet the requirements set out in paragraph 19(1)(a)(i)(B); or (b) in the case of a person who has completed a basic registered nursing education program given outside Saskatchewan, does not fully meet the requirements set out in subparagraph 19(1)(a)(i)(A)(II) or subclause 19(1)(a)(ii). (2) A person practising registered nursing under a temporary licence shall comply with the bylaws governing those who practise under temporary licences. (3) The council may, in accordance with the bylaws, place conditions or restrictions on a licence issued pursuant to this section. 1988‑89, c R‑12.2, s 20; 2001, c 37, s 7. Delegation and appeal 21(1) The council may delegate to the registrar the power to: (a) admit persons as members; (b) register persons as nurses; (c) grant licences to nurses; (c.1) place conditions or restrictions on licences; or (d) all or any combination of the things mentioned in clauses (a) to (c.1); and, when a power has been delegated, the exercise of that power by the registrar is deemed to be an exercise by the council. 14 c R-12.2 REGISTERED NURSES, 1988 (2) The council may impose any terms and conditions that it considers appropriate on a delegation pursuant to subsection (1). (3) Where: (a) pursuant to subsection (1), the council has delegated to the registrar the power to do a thing mentioned in that subsection; and (b) a person is aggrieved by a decision of the registrar made in accordance with a delegated power; the person may appeal to the council from the decision of the registrar. (4) On an appeal pursuant to subsection (3), the council shall hear the appeal and may: (a) grant the appeal and direct the registrar to exercise the power in a manner that the council considers appropriate; or (b) dismiss the appeal. (5) The council shall cause the applicant to be informed in writing of its decision. 1988‑89, c R‑12.2, s 21; 2001, c 37, s 8. Compliance 22 Every member shall comply with this Act and the bylaws. 1988‑89, c R‑12.2, s 22. PROHIBITION Title 23(1) Subject to subsection (2), no person other than a nurse shall use the title “nurse” where a client is, or may reasonably be expected to be, led to believe that the person is a nurse. (2) Subsection (1) does not apply to a psychiatric nurse registered pursuant to The Psychiatric Nurses Act and whose registration is in good standing. (3) No person other than a registered nurse shall use the title “Registered Nurse”, the abbreviation “Reg. N.” or “R.N.” or any word, title or designation, abbreviated or otherwise, to imply that the person is a registered nurse. (4) No person other than a graduate nurse shall use the title “Graduate Nurse”, the abbreviation “G.N.” or any word, title or designation, abbreviated or otherwise, to imply that the person is a graduate nurse. 1988‑89, c R‑12.2, s 23. 15 REGISTERED NURSES, 1988 c R-12.2 Practice 24(1) No person, other than a nurse, shall engage, with or without hope of reward, in the practice of registered nursing. (2) Subsection (1) does not apply to: (a) the provision of services by nursing students enrolled in a registered nursing education program where the services are provided under the supervision of a registered nurse as part of that program; (b) any person who practises the profession, trade or calling that they are licensed or authorized to practise pursuant to any other Act; (c) a person providing auxiliary nursing services; (d) a person providing first aid; and (e) the performance of a specific service on behalf of a client in that client’s residence by a person who is not a nurse where the service: (i) is performed under the direction of a duly qualified medical practitioner, a nurse or a psychiatric nurse described in subsection 23(2); and (ii) can be safely performed by that person. (3) Subject to any conditions or restrictions on the nurse’s licence, a registered nurse who meets the requirements set out in the bylaws may, in accordance with the bylaws: (a) order, perform, receive and interpret reports of screening and diagnostic tests that are designated in the bylaws; (b) prescribe and dispense drugs in accordance with the bylaws; (c) perform minor surgical and invasive procedures that are designated in the bylaws; (d) diagnose and treat common medical disorders. 1988‑89, c R‑12.2, s 24; 2001, c 37, s 9. DISCIPLINE Interpretation re discipline provisions 24.1(1) In sections 24.2 to 38, “nurse” includes a former nurse. (2) In this section and section 24.2, “former nurse” means a nurse whose registration has been suspended or expelled. 2010, c 20, s 48. 16 c R-12.2 REGISTERED NURSES, 1988 Proceedings against former nurses 24.2(1) No proceedings conducted pursuant to this Act shall be commenced against a former nurse more than two years after the day he or she became a former nurse. (2) For the purposes of this section, a proceeding is commenced when the investigation committee, pursuant to subsection 28(1), is in receipt of a report, in writing, of any person alleging that a nurse is guilty of professional incompetence or professional misconduct. 2010, c 20, s 48. Examination to assess whether curtailment of practice should be ordered 24.3(1) If the registrar or the investigation committee has reasonable grounds to believe that a nurse may be suffering a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the nurse’s ability to practise in the profession and causes the continued practice in the profession by the nurse to constitute a danger to the public, the registrar or investigation committee may: (a) direct the nurse to submit to a physical or mental examination, or both, by a person or at a facility specified by the registrar or investigation committee; (b) request the person or facility conducting the examination of the nurse to report, with written reasons and within a time specified by the registrar or investigation committee, to: (i) the investigation committee; and (ii) the nurse; and (c) for the period necessary to allow the registrar or investigation committee to act pursuant to clauses (a) and (b) and to receive, consider and act pursuant to this section on the report: (i) impose limitations or conditions on the nurse’s licence; or (ii) suspend the nurse’s licence. (2) If the registrar or investigation committee imposes limitations, conditions or a suspension pursuant to clause (1)(c), the registrar or investigation committee must give the nurse an opportunity to be heard within 15 days after the imposition of the limitations, conditions or suspension. (3) If the investigation committee receives a report pursuant to clause (1)(b) concluding that: (a) the continued practice of the nurse constitutes a danger to the public; and (b) remedial measures are necessary and, if these remedial measures are taken, the public will be adequately protected; the investigation committee may: (c) impose limitations or conditions on the nurse’s licence; or (d) suspend the nurse’s licence; and the limitations, conditions or suspension apply until the nurse satisfies the investigation committee that it should act pursuant to clause (5)(a). 17 REGISTERED NURSES, 1988 c R-12.2 (4) The investigation committee must not act pursuant to subsection (3) unless it has first given the nurse an opportunity to respond to the proposed limitations, conditions or suspension. (5) If action has been taken pursuant to subsection (3) concerning a nurse, the investigation committee may do all or any of the following: (a) cancel or amend a limitation or condition or cancel the suspension to allow the nurse to resume practice if the investigation committee is satisfied, on the nurse’s application, that the nurse can resume practice without constituting a danger to the public; (b) delay any investigation or written report mentioned in section 28; (c) decide not to refer the complaint to a hearing before the discipline committee if the investigation committee is satisfied that: (i) the nurse’s condition mentioned in subsection (1) caused or substantially contributed to the nurse’s conduct described in the complaint; and (ii) the actions taken pursuant to subsection (3) have provided appropriate public protection. (6) If the investigation committee acts pursuant to subsection (5), the investigation committee must deliver written notice of its decision, with written reasons, to the complainant within 30 days after making its decision. (7) A nurse aggrieved by a decision of the registrar or the investigation committee pursuant to subsection (1) or (3) may appeal the decision to the court, and sections 35 and 36 apply, with any necessary modification, to the appeal. (8) Failure by a nurse to submit to an examination directed pursuant to subsection (1) or to comply with a limitation, condition or suspension imposed on the nurse pursuant to subsection (3) is professional misconduct within the meaning of this Act. 2023, c 6, s 19‑8. Professional incompetence 25 For the purposes of this Act, professional incompetence is a question of fact, but the display by a nurse in the professional care of a client of a lack of knowledge, skill or judgment or a disregard for the welfare of a client of a nature or to an extent that demonstrates that the nurse is unfit: (a) to continue in the practice of registered nursing; or (b) to provide one or more services ordinarily provided as part of the practice of registered nursing; is professional incompetence within the meaning of this Act. 1988‑89, c R‑12.2, s 25; 2001, c 37, s 10. 18 c R-12.2 REGISTERED NURSES, 1988 Professional misconduct 26(1) For the purpose of this Act, professional misconduct is a question of fact but any matter, conduct or thing, whether or not disgraceful or dishonourable, that is contrary to the best interests of the public or nurses or tends to harm the standing of the profession of nursing is professional misconduct within the meaning of this Act. (2) Without restricting the generality of subsection (1), the discipline committee may find a nurse guilty of professional misconduct if the nurse has: (a) abused a client verbally or physically; (b) misappropriated a client’s personal property; (c) inappropriately used the nurse’s professional status for personal gain; (d) influenced a client to change the client’s last will and testament; (e) wrongfully abandoned a client; (f) misappropriated drugs; (g) misappropriated property belonging to a nurse’s employer; (h) failed to exercise discretion with respect to the disclosure of confidential information about a client; (i) falsified a record with respect to the observation, rehabilitation or treatment of a client; (j) failed to inform an employer of the nurse of the nurse’s inability to accept specific responsibility in areas where special training is required or where the nurse does not feel competent to function without supervision; (k) failed to report the incompetence of colleagues whose actions endanger the safety of a client; (l) failed to comply with the code of ethics of the college; (m) failed without reasonable cause to respond to inquiries from the college regarding alleged professional misconduct or professional incompetence; (n) an addiction to the excessive or habitual use of intoxicating liquor, opiates, narcotics or other habit forming substances; (o) conspired to do any professional misconduct or counselled a person to do any professional misconduct; (p) obtained registration by misrepresentation or fraud; (q) contravened any provision of this Act or the bylaws. 1988‑89, c R‑12.2, s 26; 1993, c 37, s 3; 2023, c 6, s 19‑14. Investigation committee 27(1) The investigation committee is established consisting of at least three registered nurses appointed by the council. 19 REGISTERED NURSES, 1988 c R-12.2 (2) No member of council and no member of the discipline committee is eligible to be appointed as a member of the investigation committee. (3) Three members of the investigation committee constitute a quorum. (4) If a panel of the investigation committee is established in accordance with the bylaws, a decision of the panel has the same effect as a decision of the investigation committee. 1988‑89, c R‑12.2, s 27; 2023, c 6, s 19‑9. Investigation 28(1) If the investigation committee is requested by the council to consider a complaint or is in receipt of a written complaint alleging that a nurse is guilty of professional misconduct or professional incompetence, the committee shall review and investigate the complaint. (2) In investigating the complaint, the investigation committee may take any steps authorized by section 28.1. (3) On completion of its investigation, the investigation committee may do one or more of the following: (a) make a written report to the discipline committee recommending that the discipline committee hear and determine the formal complaint set out in the written report; (b) make a written report to the discipline committee recommending that no further action be taken with respect to the matter under investigation; (c) refer the complaint to mediation, if the investigation committee decides that the complaint is of concern only to the complainant and the investigated nurse, both of whom agree to mediation; (d) require the investigated nurse to appear before the investigation committee, or a panel of the committee, to be cautioned; (e) require the investigated nurse to complete a specified continuing education or remediation program; (f) accept the voluntary surrender of the investigated nurse’s registration or licence; (g) accept an undertaking from the investigated nurse that provides for one or more of the following: (i) assessment of the investigated nurse’s capacity or fitness to practise in the profession; (ii) counselling or treatment of the investigated nurse; (iii) monitoring or supervision of the investigated nurse’s practice; 20 c R-12.2 REGISTERED NURSES, 1988 (iv) completion by the investigated nurse of a specified course of studies by way of remedial training; (v) placing conditions on the investigated nurse’s right to practise in the profession; (h) take any other action that the investigation committee considers appropriate that is not inconsistent with or contrary to this Act or the bylaws. (4) The formal complaint set out in a written report made pursuant to clause (3) (a) may relate to any matter disclosed in the complaint received pursuant to subsection (1) or the investigation conducted pursuant to subsection (2). (5) A report signed by a majority of the investigation committee is the decision of that committee. (6) A copy of a written report made pursuant to clause (3)(b) recommending that no further action be taken shall be provided by the executive director to: (a) the council; (b) the complainant, if any; and (c) the nurse whose conduct is the subject of the complaint mentioned in subsection (1). 2023, c 6, s 19‑10. Investigative powers 28.1(1) The investigation committee may take any steps that it considers proper and may summon any person who is under investigation and any other person whose information may be relevant to the investigation. (2) For the purposes of an investigation, the investigation committee may, at any reasonable time: (a) require any person to answer any relevant questions and direct the person to answer the questions under oath or affirmation; (b) require any person to give to the committee any book, record, document or thing relevant to the investigation that is in the person’s possession or under the person’s control; (c) enter and inspect any premises or place where the investigated nurse practises or has practised in the profession; (d) inspect, observe or audit the investigated nurse’s practice; and (e) examine any equipment, materials or any other thing used by the investigated nurse. (3) For the purposes of an investigation, the investigation committee may: (a) require the investigated nurse to provide access to any computer system used in connection with the nurse’s practice in order to produce a record in readable form; 21 REGISTERED NURSES, 1988 c R-12.2 (b) photograph or create images of the premises or place; or (c) use any copying equipment at the premises or place to make copies of any record related to the investigated nurse’s practice. (4) The investigation committee may apply, without notice or on any notice that the court may direct, to a judge of the court for an order directing any person: (a) to attend before the committee to answer any relevant questions that the committee may have relating to the investigation; and (b) to produce to the committee any book, record, document or thing relevant to the investigation that is in the person’s possession or under the person’s control. (5) On application and payment of the appropriate fee, the local registrar of the court at any judicial centre shall issue writs of subpoena ad testificandum or subpoena duces tecum to: (a) a member of the investigation committee; or (b) counsel acting for the investigation committee. (6) If a writ issued pursuant to subsection (5) is disobeyed, the proceedings and penalties are those applicable in civil cases in the court. (7) If any book, record, document or thing is produced to the investigation committee, the committee may authorize any person to copy or make extracts from the book, record, document or thing. (8) No person shall obstruct the investigation committee or a member of the committee making an investigation pursuant to this Act or withhold from the committee or the member or conceal, alter or destroy any book, record, document or thing relevant to the matter being investigated. (9) A judge of the Provincial Court of Saskatchewan, on an application without notice by the investigation committee, may issue an order authorizing a person making the investigation, together with any peace officer called to assist the person making the investigation, to enter and search, by force if necessary, any building, dwelling, receptacle, premises or place specified in the order for any book, record, document or thing and to examine them, if the judge is satisfied that: (a) the investigation committee is conducting an investigation pursuant to this Act; and (b) there are reasonable grounds for believing that there is in any building, dwelling, receptacle, premises or place any book, record, document or thing relating to the person whose affairs are being investigated and to the matter of the investigation. (10) An application for an order pursuant to subsection (9) to enter a dwelling shall specifically indicate that the application relates to a dwelling. 22 c R-12.2 REGISTERED NURSES, 1988 (11) An entry and search under an order made pursuant to subsection (9) may be conducted only between 8 a.m. and 8 p.m. unless the order specifies otherwise. (12) A person authorized by an order made pursuant to subsection (9) to conduct an entry and search may remove any book, record, document or thing examined by the person. (13) If it is practicable to copy a book, record, document or thing removed pursuant to subsection (12), the investigation committee shall return the book, record, document or thing within a reasonable time. (14) A copy or extract of a book, record, document or thing certified to be a true copy by a member of the investigation committee or other person who made the copy or extract pursuant to this section is admissible in evidence in any proceeding or prosecution as proof, in the absence of evidence to the contrary, of the original item and its contents. (15) The investigation committee may delegate any aspect of its investigation pursuant to this section to an investigator. (16) An investigator who acts pursuant to the authority of a delegation has the authority and power of the investigation committee, and subsections (1) to (14) apply, with any necessary modification, to that investigator. 2023, c 6, s 19‑10. Suspension pending outcome of investigation 28.2(1) If the registrar or the discipline committee believes, on the basis of a complaint or the nature of the case, that, pending the outcome of an investigation by the investigation committee, a nurse’s licence should be suspended or a nurse’s ability to practise in the profession should be limited or restricted, the registrar or the discipline committee may: (a) suspend the nurse’s licence; or (b) impose limitations or conditions on the nurse’s licence. (2) A nurse aggrieved by a decision of the registrar or the discipline committee pursuant to subsection (1) may appeal the decision to the court, and sections 35 and 36 apply, with any necessary modification, to the appeal. 2023, c 6, s 19‑10. Discipline committee 29(1) The discipline committee is established consisting of at least three persons appointed by the council, a majority of whom shall be registered nurses. (2) No member of council and no member of the investigation committee is eligible to be appointed as a member of the discipline committee. (3) No member of the discipline committee who was a member of the investigation committee which investigated a complaint against a nurse shall participate in a hearing of that complaint by the discipline committee. 23 REGISTERED NURSES, 1988 c R-12.2 (4) A majority of the discipline committee constitutes a quorum. (5) If a panel of the discipline committee is established in accordance with the bylaws, a decision of the panel has the same effect as a decision of the discipline committee. 1988‑89, c R‑12.2, s 29; 2023, c 6, s 19‑11. Discipline hearing 30(1) Where a report of the investigation committee recommends pursuant to section 28 that the discipline committee hear and determine a complaint, the executive director shall, at least 30 days prior to the date the discipline committee is to sit: (a) send a copy of the complaint contained in a written report prepared pursuant to subsection 28(3) to the nurse who is the subject of the complaint; and (b) notify the nurse mentioned in clause (a) of the date, time and place of the hearing. (2) The investigation committee shall submit to the discipline committee evidence respecting the complaint, but its members shall not participate in any other manner in the hearing of the complaint, except as witnesses when required. (3) The discipline committee shall hear the complaint and shall decide whether or not the nurse is guilty of professional incompetence or professional misconduct, and the discipline committee need not refer any matter to a court for adjudication. (4) The discipline committee may accept any evidence that it considers appropriate and is not bound by rules of law concerning evidence. (5) The discipline committee may employ, at the expense of the college, any legal or other assistance that it considers necessary, and the nurse who is the subject of the complaint may at that nurse’s own expense be represented by counsel or an agent. (6) The testimony of witnesses is to be under oath administered by the chairperson of the committee. (7) At a hearing by the discipline committee, there is to be full right to examine, cross‑examine and re‑examine all witnesses and full right to adduce evidence in defence and reply. (8) On the application of the nurse who is the subject of the complaint or a member of the discipline committee, the local registrar of the court at any judicial centre shall, on payment of the appropriate fees, issue writs of subpoena and, where that writ is disobeyed, the proceedings and penalties are those applicable in civil cases in the court. (9) Where the nurse who is the subject of the complaint fails to attend the hearing, the discipline committee may, on proof of service of the notice mentioned in subsection (1), proceed with the hearing in the absence of the nurse.
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Registered Nurses Act, 1988, R-12.2 — segment 2
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Registered Nurses Act, 1988, R-12.2 — segment 2
AI-assisted research summary: The provision sets out disciplinary procedures, appeal rights, reinstatement, confidentiality for competence-program information, liability protection requirements, offences, employer duties, and transitional rules for nurses.
24 c R-12.2 REGISTERED NURSES, 1988 (10) The discipline committee may, either in the absence of the nurse who is the subject of the complaint or with the nurse’s consent, accept evidence on affidavit. (11) A decision of the majority of the discipline committee is a decision of the committee. (12) If, during the course of a hearing, the evidence shows that the nurse who is the subject of the complaint may be guilty of a charge different from or in addition to any charge specified in the complaint, the discipline committee shall: (a) notify the nurse of that fact; and (b) if the discipline committee proposes to amend, add to or substitute the charge in the complaint and unless the nurse otherwise consents, adjourn the hearing for any period that the discipline committee considers sufficient to give the nurse an opportunity to prepare a defence to the amended complaint. 1988‑89, c R‑12.2, s 30; 2015, c 21, s 64; 2023, c 6, s 19‑14. Disciplinary powers 31(1) Where the discipline committee finds a nurse guilty of professional incompetence or professional misconduct, it may: (a) order that the nurse be expelled from the college and that the nurse’s name be struck from the register; (b) order that the nurse be suspended from the association for a specified period; (c) order that the nurse may continue to practise only under conditions specified in the order which may include, but are not restricted to, an order that the nurse: (i) not do specified types of work; (ii) successfully complete specified classes or courses of instruction; (iii) obtain treatment, counselling or both; (d) reprimand the nurse; or (e) make any other order that to it seems just. (2) In addition to any order made pursuant to subsection (1), the discipline committee may order: (a) that the nurse pay to the college within a fixed period: (i) a fine in a specified amount; (ii) the costs of the inquiry and hearing into the nurse’s conduct and related costs, including the expenses of the investigation committee and the discipline committee; or (iii) both of the things mentioned in subclauses (i) and (ii); and (b) where a nurse fails to make payment in accordance with an order pursuant to clause (a), that the nurse be suspended from the college. 25 REGISTERED NURSES, 1988 c R-12.2 (3) The discipline committee shall send a copy of an order made pursuant to subsection (1) or (2) to the nurse who is the subject of the report and to the person, if any, who made the report. (4) Where a nurse is expelled or suspended from the college, the registrar shall strike the name of the nurse from the register or indicate the suspension on the register, as the case may be. 1988‑89, c R‑12.2, s 31; 1989‑90, c 15, s 3; 2023, c 6, s 19‑14. Criminal conduct 32 If, in the course of an investigation pursuant to this Act, the investigation committee obtains information that leads to a reasonable belief that a nurse has been engaged or is engaging in possible criminal activity, the committee shall disclose the information to the appropriate law enforcement agency. 2023, c 6, s 19‑12. Conviction for indictable offence 33 A nurse who has been convicted of an indictable offence pursuant to the Criminal Code, the Food and Drugs Act (Canada), the Controlled Drugs and Substances Act (Canada) or the Cannabis Act (Canada), may be expelled from the college without further inquiry by resolution of the discipline committee, if that committee finds that the conduct of the nurse giving rise to the conviction makes the nurse unfit to continue to practise registered nursing. 2018, c C‑2.111, s 7‑16; 2023, c 6, s 19‑14. Appeal 34(1) A nurse who has been found guilty by the discipline committee or who has been expelled pursuant to section 33 may appeal the decision or any order of the discipline committee within 30 days of the decision or order to: (a) the council by serving the executive director with a copy of the notice of appeal; or (b) a judge of the court by serving the executive director with a copy of the notice of appeal and filing it with a local registrar of the court. (2) An appellant shall set out the grounds of appeal in a notice of appeal mentioned in subsection (1). (3) On receipt of an appeal, the executive director shall file with the council or the local registrar, as the case may be, a true copy of: (a) the notice of hearing; (b) the transcript of the evidence presented to the discipline committee; and (c) the decision and order of the discipline committee. (4) The appellant or the appellant’s solicitor or agent may obtain from the executive director a copy of any of the documents filed pursuant to subsection (3) on payment of the costs to the college of producing them. 26 c R-12.2 REGISTERED NURSES, 1988 (5) In hearing an appeal, the council or the judge, as the case may be, shall: (a) dismiss the appeal; (b) quash the finding of guilty; (c) direct a new hearing or further inquiries by the discipline committee; (d) vary the order of the discipline committee; or (e) substitute its own decision for the decision of the discipline committee; and may make any order as to costs that it or he considers appropriate. (6) A decision of the majority of the council pursuant to subsection (5) is a decision of the council. 1988‑89, c R‑12.2, s 34; 1989‑90, c 15, s 3; 2023, c 6, s 19‑14. Appeal to the court 35 A nurse who is the subject of a decision or an order of the council pursuant to section 34 may appeal that decision or order to a judge of the court within 30 days of the decision or order of the council and section 34 applies mutatis mutandis. 1988‑89, c R‑12.2, s 35. Effect of appeal 36 Notwithstanding the commencement of an appeal pursuant to section 34 or 35, the order or decision of the discipline committee or the council, as the case may be, remains effective pending the disposition of the appeal, unless otherwise ordered by a judge of the court. 1988‑89, c R‑12.2, s 36; 1989‑90, c 15, s 4. Appeal 36.1 A nurse who makes an appeal pursuant to section 35 or the college may appeal a decision of the court on a point of law to The Court of Appeal for Saskatchewan within 30 days of the decision. 1993, c 37, s 4; 2023, c 6, s 19‑14. Effect of expulsion 37 Where a nurse is expelled or suspended from the college pursuant to this Act, the nurse’s rights and privileges as a nurse are removed for the period during which the nurse is expelled or suspended. 1988‑89, c R‑12.2, s 37; 2023, c 6, s 19‑14. Reinstatement 38(1) A person who has been expelled as a nurse may apply to the council for reinstatement. 27 REGISTERED NURSES, 1988 c R-12.2 (2) Subject to the bylaws, on receipt of an application pursuant to subsection (1), the council shall: (a) review the application; and (b) investigate the application by taking any steps it considers necessary. (3) On the completion of its investigation, the council may: (a) where it is satisfied that the person’s subsequent conduct and any other facts warrant reinstatement, order that the person be reinstated as a nurse on any terms and conditions that the council considers appropriate; or (b) refuse to reinstate the person. (4) A decision of the majority of the members of the council is a decision of the council. (5) Where, on an application pursuant to subsection (1), the council refuses to reinstate the person as a nurse, the applicant may, within 30 days after the date of the order, appeal the order of council to a judge of the court and the judge may allow or disallow the appeal. (6) On an appeal pursuant to subsection (5), the judge shall consider: (a) the proceedings before the council on the application for reinstatement; (b) the past record of the appellant as shown by the books and records of the college; (c) the evidence taken before the council and any committee which dealt with the matter and the report of the committee. 1988‑89, c R‑12.2, s 38; 2023, c 6, s 19‑14. CONTINUING COMPETENCE PROGRAM Continuing competence program 38.1(1) In this section: (a) “continuing competence program” means the program of the college established pursuant to the bylaws for the purpose of reviewing and improving the quality of nursing care provided by members; (b) “legal proceeding” means any civil proceeding or inquiry in which evidence is or may be given, and includes a proceeding for the imposition of punishment by way of fine, penalty or imprisonment to enforce an Act or regulation made pursuant to an Act. (2) Any information related to a member’s participation in the continuing competence program is confidential, and any person who has access to, or comes into possession of, information related to a member’s participation in the continuing competence program shall not publish, release or disclose the information in any manner except to the extent that is necessary for the operation of the continuing competence program in accordance with the bylaws. 28 c R-12.2 REGISTERED NURSES, 1988 (3) No person is compellable to give evidence in a legal proceeding with respect to any member’s participation in the continuing competence program or any information or evidence provided in any proceedings held pursuant to the continuing competence program. (4) No person is compellable in a legal proceeding to produce: (a) any record of a proceeding held pursuant to the continuing competence program; (b) any record, document or information prepared from, or statement given at, a proceeding held pursuant to the continuing competence program; or (c) any record, document or information related to a member’s participation in the continuing competence program. (5) Subsections (3) and (4) do not apply to: (a) any record, document or information with respect to patients that is kept by: (i) a member or a professional corporation; (ii) the provincial health authority or affiliate, as defined in The Provincial Health Authority Act; or (iii) any other person who operates a health care facility or provides a health service; or (b) any other record, document or information that has been prepared or kept for a purpose unrelated to the continuing competence program. 2003, c 10, s 6; 2017, c P‑30.3, s 11‑1; 2023, c 6, s 19‑14. GENERAL No action against committees 39 No action lies against: (a) the council; (b) any committee established by this Act, the bylaws or the council; (c) a member of the council or a committee mentioned in clause (b); or (d) an officer or employee of the council or the college; for any proceedings taken in good faith or orders made or enforced pursuant to the provisions of this Act or the bylaws. 1988‑89, c R‑12.2, s 39; 2023, c 6, s 19‑14. 40 Repealed. 2001, c 37, s 12. 29 REGISTERED NURSES, 1988 c R-12.2 Liability protection 41(1) The council may, on behalf of the college, enter into any agreement for liability protection whereby any: (a) nurse; or (b) category of nurses; is protected with respect to claims for damages arising out of the errors, omissions or negligence of the nurse or category of nurses in rendering services in the practice of registered nursing, and the association is deemed to be the agent of the nurse or category of nurses for the purpose of entering into that contract. (2) Every nurse shall obtain and maintain the minimum amount of liability protection that is prescribed in the bylaws. 1988‑89, c R‑12.2, s 41; 2001, c 37, s 13; 2023, c 6, s 19‑14. Offence 42(1) Every person who contravenes section 23 or 24 is guilty of an offence and liable on summary conviction to a fine of: (a) in the case of a first offence, not more than $1,000; and (b) in the case of a second or subsequent offence, not more than $2,000. (2) No prosecution for an offence pursuant to this section is to be commenced: (a) after the expiration of two years from the date of the alleged offence; and (b) without the consent of the Minister of Justice or the council. (3) In a prosecution for an offence pursuant to this section, a certificate of the registrar mentioned in section 18 is, in the absence of evidence to the contrary, proof that the accused was not entitled to engage in the practice of registered nursing. 1988‑89, c R‑12.2, s 42; 2001, c 37, s 14. Employer responsibility 43(1) No person shall knowingly employ or continue to employ a person who is not a registered nurse or a graduate nurse to perform the practice of registered nursing. (2) Every employer shall annually review the registration status under this Act of all nurses employed by the employer. (3) Any employer who terminates the employment of a nurse on the grounds of alleged professional incompetence or professional misconduct shall report in writing to the college: (a) the termination of the nurse; and (b) the grounds of the alleged professional incompetence or professional misconduct. 1988‑89, c R‑12.2, s 43; 2001, c 37, s 15; 2023, c 6, s 19‑14. 30 c R-12.2 REGISTERED NURSES, 1988 Review by Assembly 44(1) One copy of each bylaw and amendment filed with the Registrar of Corporations pursuant to section 16 is to be laid before the Assembly by the minister responsible for the administration of The Business Corporations Act, 2021 in accordance with section 13 of The Executive Government Administration Act. (2) Where a bylaw or amendment laid before the Assembly is found by the Assembly to be beyond the powers delegated by the Legislature or in any way prejudicial to the public interest, the bylaw or amendment ceases to have effect and is deemed to have been revoked. 1991, c T‑1.1, s 42; 2010, c B‑12, s 58; 2014, c E‑13.1, s 62; 2021, c 6, s 23‑26; 2023, c 6, s 19‑13. Record of revocation and notification 45(1) Where it appears from any Votes and Proceedings of the Legislative Assembly that any bylaw or amendment has ceased to have effect, the Clerk of the Assembly shall immediately forward two copies of the Votes and Proceedings to the Registrar of Corporations and at the same time advise him that the copies are forwarded pursuant to this subsection. (2) On receipt of copies mentioned in subsection (1), the Registrar of Corporations shall file one of the copies with the bylaw or amendment to which it relates and immediately forward the other copy to the college and at the same time advise the college that the copy is forwarded pursuant to this subsection. 1988‑89, c R‑12.2, s 45; 1991, c T‑1.1, s 42; 2010, c B‑12, s 58; 2021, c 6, s 23‑26; 2023, c 6, s 19‑14. Acting for gain 46 No provision of any other Act shall be construed as preventing a nurse from practising as a nurse for gain or reward. 1988‑89, c R‑12.2, s 46. REPEAL RSS 1978 (Supp.), c R-12.1 repealed 47 The Registered Nurses Act, 1978 is repealed. 1988‑89, c R‑12.2, s 47. Transitional 48(1) Persons who are registered as nurses on the day before this Act comes into force with the association pursuant to The Registered Nurses Act, 1978, as that Act existed before the coming into force of this Act, and whose registration is in good standing continue as nurses as if registered pursuant to this Act. 31 REGISTERED NURSES, 1988 c R-12.2 (2) All memberships issued pursuant to The Registered Nurses Act, 1978, as that Act existed on the day before the coming into force of this Act, and that have not been revoked or suspended, continue in force until they: (a) expire; or (b) are revoked or suspended pursuant to this Act; whichever occurs first. (3) A person who is a member of the council pursuant to The Registered Nurses Act, 1978, as that Act existed on the day before the coming into force of this Act, continues as a member of council until: (a) members of council are elected or appointed in accordance with this Act; or (b) that member of council resigns, dies or is removed in accordance with this Act; whichever occurs first. (4) Bylaws of the association: (a) made or continued pursuant to The Registered Nurses Act, 1978, as that Act existed on the day before the coming into force of this Act; and (b) that are subsisting on the day before the coming into force of this Act; continue in force until amended, varied or revoked pursuant to this Act. 1988‑89, c R‑12.2, s 48. Coming into force 49 This Act or any provision of this Act comes into force on a day or days to be fixed by proclamation of the Lieutenant Governor. 1988‑89, c R‑12.2, s 49. 32 c R-12.2 REGISTERED NURSES, 1988 REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2023
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