Registered Psychiatric Nurses Act, R-13.1

1 REGISTERED PSYCHIATRIC NURSES c R-13.1 The Registered Psychiatric Nurses Act being Chapter R‑13.1 of the Statutes of Saskatchewan, 1993 (effective June 23, 1993) as amended by the Statutes of Saskatchewan, 2004, c L‑16.1; 2009, c T‑23.01; 2010, c B‑12, c 19 and c 20; 2014, c E‑13.1; 2015, c 21; 2018, c 42; 2020, c 9; 2021, c 6 and c 19; 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-13.1 REGISTERED PSYCHIATRIC NURSES Table of Contents SHORT TITLE AND INTERPRETATION 23 Professional conduct committee 1 Short title 24 Investigation 2 Definitions 24.1 Investigative powers 24.2 Suspension pending outcome of investigation ASSOCIATION 25 Discipline committee 3 Association continued 26 Discipline hearing 3.1 Duty and objects of association 27 Disciplinary powers 4 Membership 28 Professional misconduct 5 Property 29 Criminal conviction 6 Meetings 30 Criminal conduct COUNCIL 31 Repealed 7 Council 32 Appeal to council 8 Certain appointments 33 Appeal to court 9 Resignation 34 Court of Appeal 10 Vacancy 35 Effect of appeal 11 Officers 36 Effect of expulsion 12 Employees 37 Reinstatement 13 Committees GENERAL BYLAWS 38 Immunity 14 Procedures 39 Repealed 15 Bylaws 40 Offence and penalty 16 Filing of bylaws 41 Limitation of prosecution MEMBERSHIP, LICENCES AND REGISTRATION 42 Termination of employment 17 Admissions, licences 43 Review by Legislative Assembly 18 Register 44 Revocation and notification 19 Registration 45 Liability protection 20 Graduate psychiatric nurse 46 Reports 21 Delegation and appeal 47 Other Acts not to prohibit practice PROHIBITION 48 Compliance 22 Prohibited practice 49 Service of notices DISCIPLINE TRANSITIONAL AND REPEAL 22.1 Interpretation re discipline provisions 50 Transitional 22.2 Proceedings against former members 51 RSS 1978, c P‑36 repealed 22.3 Examination to assess whether curtailment 52 Coming into force of practice should be ordered 3 REGISTERED PSYCHIATRIC NURSES c R-13.1 CHAPTER R-13.1 An Act respecting Registered Psychiatric Nurses SHORT TITLE AND INTERPRETATION Short title 1 This Act may be cited as The Registered Psychiatric Nurses Act. Definitions 2 In this Act: “administrative bylaw” means a bylaw made for a purpose set out in subsection 15(1); “association” means the Registered Psychiatric Nurses Association of Saskatchewan continued pursuant to section 3; “bylaws” means the valid and subsisting bylaws of the association; “council” means the council of the association; “court” means the Court of King’s Bench; “executive director” means the executive director appointed pursuant to section 12; “graduate psychiatric nurse” means a person registered pursuant to section 20 who is in good standing; “member” means a member of the association 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; “practising member” means a registered psychiatric nurse to whom an annual licence to practise is issued pursuant to section 19; “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 psychiatric nurse” means a person registered pursuant to section 19 who is in good standing; “registrar” means: (a) the registrar appointed pursuant to section 12; or (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 20‑2. 4 c R-13.1 REGISTERED PSYCHIATRIC NURSES ASSOCIATION Association continued 3 The Saskatchewan Psychiatric Nurses Association continued pursuant to The Psychiatric Nurses Act is continued as a corporation under the name of the Registered Psychiatric Nurses Association of Saskatchewan. 1993, c R‑13.1, s 3. Duty and objects of association 3.1(1) It is the duty of the association 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. (2) The objects of the association 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 association 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 association determines is consistent with its duty and objects. 2023, c 6, s 20‑3. Membership 4 The membership of the association consists of: (a) those persons who are members of The Saskatchewan Psychiatric Nurses Association on the day before this Act comes into force; and (b) those persons who are admitted as members of the association pursuant to this Act and the bylaws. 1993, c R‑13.1, s 4. 5 REGISTERED PSYCHIATRIC NURSES c R-13.1 Property 5(1) The association 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 association. (3) The association may: (a) invest its funds in investments in which trustees are authorized to invest pursuant to The Trustee Act, 2009; and (b) sell or otherwise dispose of those investments and reinvest the proceeds of the disposition in similar investments. 1993, c R‑13.1, s 5; 2009, c T‑23.01, s 64. Meetings 6(1) An annual meeting of the association 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 or special meeting is to be determined by bylaw. (3) A special meeting of the association for the transaction of the business that is specified in the resolution or demand is to be held: (a) on resolution of the council; or (b) on the demand, in writing, of the number of members specified in the bylaws. (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. 1993, c R‑13.1, s 6. COUNCIL Council 7(1) The council shall govern, manage and regulate the affairs and business of the association. (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 elected or appointed pursuant to clause (2)(a) 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. 2023, c 6, s 20‑4. 6 c R-13.1 REGISTERED PSYCHIATRIC NURSES Certain appointments 8(1) The Lieutenant Governor in Council may appoint three persons who reside in Saskatchewan as members of the council. (2) Repealed. 2023, c 6, s 20‑5. (3) 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 years. (4) Subject to subsection (5), a member of council 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. (5) A member of council appointed pursuant to this section ceases to hold office if the person ceases to be a resident of Saskatchewan. (6) A member of council appointed pursuant to this section may exercise rights and serve as a member of committees to the same extent as other members of council, but is ineligible to be an officer of the association. (7) At least one member of council appointed pursuant to this section shall be a member of the discipline committee. (8) The absence or inability to act as a member of the discipline committee by a member of council appointed pursuant to this section or the failure to appoint a member of council pursuant to this section does not impair the power of the other members of the discipline committee to act. (9) The minister shall remunerate and reimburse for expenses the members of council appointed pursuant to this section at the rate determined by the Lieutenant Governor in Council. 1993, c R‑13.1, s 8; 2023, c 6, s 20‑5. 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 20‑6. 7 REGISTERED PSYCHIATRIC NURSES c R-13.1 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 association, the member ceases to be a member of the council on the day the member is expelled. 2023, c 6, s 20‑6. Officers 11 The officers of the association are to be those that are: (a) designated in the bylaws; and (b) appointed or elected in accordance with the bylaws. 1993, c R‑13.1, s 11. Employees 12(1) The council shall appoint an executive director and may appoint a registrar. (2) The council may engage any employees that it considers necessary to carry out the duties and functions of the association. (3) Subject to this Act and the bylaws, the council shall determine the duties, responsibilities and remuneration of employees of the association. 1993, c R‑13.1, s 12. Committees 13(1) The council may establish any committees that are provided for by the bylaws or that it considers necessary. (2) The council may appoint persons 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. 8 c R-13.1 REGISTERED PSYCHIATRIC NURSES (4) The council may delegate to a committee that is: (a) provided for by this Act or the bylaws; or (b) established pursuant to subsection (1); any of its powers or duties, other than the power to make bylaws, on those terms or conditions that the council may determine. (5) Subject to this Act and the bylaws, a committee may establish its own procedures. 1993, c R‑13.1, s 13. BYLAWS 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. (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 20‑7. 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 association; (b) providing for the execution of documents by the association; (c) respecting the banking and financial dealings of the association; (d) fixing the fiscal year of the association and providing for the audit of the accounts and transactions of the association; (e) respecting the management of the property of the association; (f) prescribing the number and terms of office of members of the council, other than persons appointed pursuant to section 8; 9 REGISTERED PSYCHIATRIC NURSES c R-13.1 (g) prescribing the duties of members of the council and officers and employees of the association; (h) prescribing the remuneration and reimbursement for expenses for members of the council and committees, other than persons appointed pursuant to section 8; (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 and special meetings of the association; (l) prescribing the amount of registration, licensing and other fees payable to the association, the times of payment and the penalties for late payment; (m) providing for the receipt, management and investment of contributions, donations or bequests from members or other persons; (n) establishing and governing scholarships, bursaries and prizes; (o) regulating joint participation by the association with any educational institution or any person, group, association, organization or body corporate having goals or objectives similar to those of the association; (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 the establishment of branches and specialized practice groups of the association; (r) providing for any other thing that is necessary for the effective administration of the association (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 or any category of persons as members; and (ii) the issuing of licences; (b) prescribing: (i) the procedures governing registration of persons or any category of persons as members; (ii) the procedures governing the issuing of licences; (iii) the terms and conditions of licences; 10 c R-13.1 REGISTERED PSYCHIATRIC NURSES (c) providing for a code of professional ethics; (d) setting standards of professional conduct, competency and proficiency of members; (e) setting standards regarding the manner and method of the practice of members; (f) setting requirements for maintenance of membership; (g) setting standards for continuing education and the participation of members in continuing education; (h) prescribing special categories of practice and the requirements for admission to each of those categories; (i) prescribing procedures for: (i) the review, investigation and disposition by the professional conduct committee of complaints alleging that a member is guilty of professional misconduct or professional incompetence; (ii) hearings by the discipline committee of complaints alleging that a member is guilty of professional misconduct or professional incompetence; (iii) reviews pursuant to subsection 21(3); (i.1) respecting the establishment of panels of the professional conduct 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; (j) governing the reinstatement of a member who has been expelled; (k) establishing categories of membership in the association and prescribing the rights and privileges of each category; (l) prescribing the circumstances under which members are required to attend re‑entry education programs and courses and approving programs and courses for that purpose; (m) governing the approval of education programs for purposes of registration pursuant to this Act and prescribing terms and conditions for initial or continued approval of those programs; (n) governing examinations to be held for the purpose of section 19; (o) governing persons who practise under temporary licences issued pursuant to section 20; (p) prescribing the minimum amount of liability protection that members or any category of members is required to obtain; (q) respecting the reporting and publication of decisions and reports of the council and committees; (r) regulating advertising by members; 11 REGISTERED PSYCHIATRIC NURSES c R-13.1 (s) prescribing the number of members required to demand a special meeting of the association; (t) defining the activities in which a member shall be deemed to have a conflict of interest and prohibiting the participation of a member in any of those activities; (u) prescribing any other matters considered necessary for the better carrying out of this Act. 1993, c R‑13.1, s 15; 2023, c 6, s 20‑8. Filing of bylaws 16(1) The association 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 association 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 20‑9. MEMBERSHIP, LICENCES AND REGISTRATION Admissions, licences 17(1) The council may, in accordance with this Act and the bylaws, admit persons as members. (2) The council may issue licences to members. 1993, c R‑13.1, s 17. 12 c R-13.1 REGISTERED PSYCHIATRIC NURSES Register 18(1) The council shall, in accordance with the bylaws, keep or cause to be kept a register in which is to be entered the name and address of every member. (2) The register is to be kept: (a) at the head office of the association; and (b) open for inspection by all persons, without fee, during normal office hours of the association. (2.1) The register may be made available in any other manner acceptable to the registrar, including an electronic format. (3) A certificate purporting to be signed by the registrar stating that a named person was or was not on a specified day or during a specified period a member, a practising member, a graduate psychiatric nurse, a registered psychiatric nurse or a suspended member according to the register, or an extract from the register that is certified by the registrar, is admissible in evidence as proof, in the absence of evidence to the contrary, of its contents without proof of the registrar’s appointment or signature. 1993, c R‑13.1, s 18; 2020, c 9, s 35. Registration 19 The council may register as a registered psychiatric nurse, and issue a licence to practise psychiatric nursing to, a person who produces evidence establishing to the satisfaction of the council that the person: (a) either: (i) has: (A) successfully completed the basic psychiatric nursing education program given: (I) in Saskatchewan and recognized by the council; or (II) outside Saskatchewan and recognized by the council as being equivalent to a Saskatchewan psychiatric nursing education program; and (B) passed examinations: (I) prescribed and conducted pursuant to the bylaws; or (II) recognized by the council as being equivalent to examinations mentioned in subparagraph (I); or (ii) is registered as the equivalent of a psychiatric 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. 2010, c 19, s 33. 13 REGISTERED PSYCHIATRIC NURSES c R-13.1 Graduate psychiatric nurse 20(1) The council may register as a graduate psychiatric nurse, and issue a temporary licence to practise psychiatric nursing to, a person who: (a) is not qualified or entitled to be registered pursuant to section 19; and (b) produces evidence establishing to the satisfaction of the council that the person meets the requirements set out in paragraph 19(a)(i)(A) and clauses 19(b) and (c). (2) A graduate psychiatric nurse shall comply with the bylaws governing graduate psychiatric nurses. 1993, c R‑13.1, s 20; 2010, c 19, s 33. Delegation and appeal 21(1) The council may delegate to the registrar the power to: (a) admit persons as members; (b) issue licences to members; or (c) do either or both of the things mentioned in clauses (a) and (b); and when a power has been delegated, the exercise of that power by the registrar is deemed to be an exercise by the council. (2) The council may impose any terms and conditions that it considers appropriate on a delegation pursuant to subsection (1). (3) A person who is aggrieved by a decision of the registrar made pursuant to a delegated power may apply to the council to review that decision. (4) On a review pursuant to subsection (3), the council shall hear the review and may: (a) direct the registrar to exercise the power in a manner that the council considers appropriate; or (b) confirm the registrar’s decision. (5) The council shall cause the applicant to be informed in writing of its decision pursuant to subsection (4). (6) On a review pursuant to subsection (3), the person aggrieved by the decision of the registrar has the right to appear in person before the council in support of the application. 1993, c R‑13.1, s 21. 14 c R-13.1 REGISTERED PSYCHIATRIC NURSES PROHIBITION Prohibited practice 22(1) No person other than a practising member shall use the title “psychiatric nurse”, “Registered Psychiatric Nurse”, the abbreviation “PN” or “RPN” or any word, title or designation, abbreviated or otherwise, to imply that the person is a practising member. (2) No person other than a graduate psychiatric nurse shall use the title “Graduate Psychiatric Nurse”, the abbreviation “GPN” or any word, title or designation, abbreviated or otherwise, to imply that the person is a graduate psychiatric nurse. 1993, c R‑13.1, s 22. DISCIPLINE Interpretation re discipline provisions 22.1 In sections 22.2 to 37, “member” includes a former member. 2010, c 20, s 49. Proceedings against former members 22.2(1) No proceedings conducted pursuant to this Act shall be commenced against a former member more than two years after the day he or she became a former member. (2) For the purposes of this section, a proceeding is commenced when the professional conduct committee, pursuant to subsection 24(1), is requested by the council to consider a complaint or is in receipt of a written complaint alleging that a member is guilty of professional misconduct or professional incompetence. 2010, c 20, s 49. Examination to assess whether curtailment of practice should be ordered 22.3(1) If the registrar or the professional conduct committee has reasonable grounds to believe that a member may be suffering a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs the member’s ability to practise in the profession and causes the continued practice in the profession by the member to constitute a danger to the public, the registrar or professional conduct committee may: (a) direct the member to submit to a physical or mental examination, or both, by a person or at a facility specified by the registrar or professional conduct committee; (b) request the person or facility conducting the examination of the member to report, with written reasons and within a time specified by the registrar or professional conduct committee, to: (i) the professional conduct committee; and (ii) the member; and 15 REGISTERED PSYCHIATRIC NURSES c R-13.1 (c) for the period necessary to allow the registrar or professional conduct 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 member’s licence; or (ii) suspend the member’s licence. (2) If the registrar or professional conduct committee imposes limitations, conditions or a suspension pursuant to clause (1)(c), the registrar or professional conduct committee must give the member an opportunity to be heard within 15 days after the imposition of the limitations, conditions or suspension. (3) If the professional conduct committee receives a report pursuant to clause (1) (b) concluding that: (a) the continued practice of the member 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 professional conduct committee may: (c) impose limitations or conditions on the member’s licence; or (d) suspend the member’s licence; and the limitations, conditions or suspension apply until the member satisfies the professional conduct committee that it should act pursuant to clause (5)(a). (4) The professional conduct committee must not act pursuant to subsection (3) unless it has first given the member an opportunity to respond to the proposed limitations, conditions or suspension. (5) If action has been taken pursuant to subsection (3) concerning a member, the professional conduct committee may do all or any of the following: (a) cancel or amend a limitation or condition or cancel the suspension to allow the member to resume practice if the professional conduct committee is satisfied, on the member’s application, that the member can resume practice without constituting a danger to the public; (b) delay any investigation or written report mentioned in section 24; (c) decide not to refer the complaint to a hearing before the discipline committee if the professional conduct committee is satisfied that: (i) the member’s condition mentioned in subsection (1) caused or substantially contributed to the member’s conduct described in the complaint; and (ii) the actions taken pursuant to subsection (3) have provided appropriate public protection. 16 c R-13.1 REGISTERED PSYCHIATRIC NURSES (6) If the professional conduct committee acts pursuant to subsection (5), the professional conduct committee must deliver written notice of its decision, with written reasons, to the complainant within 30 days after making its decision. (7) A member aggrieved by a decision of the registrar or the professional conduct committee pursuant to subsection (1) or (3) may appeal the decision to the court, and sections 33 and 35 apply, with any necessary modification, to the appeal. (8) Failure by a member to submit to an examination directed pursuant to subsection (1) or to comply with a limitation, condition or suspension imposed on the member pursuant to subsection (3) is professional misconduct within the meaning of this Act. 2023, c 6, s 20‑10. Professional conduct committee 23(1) The professional conduct committee is established consisting of at least three persons, the majority of whom are to be practising members, appointed by the council. (2) No member of the discipline committee or the council is eligible to be appointed as a member of the professional conduct committee. (3) Three members of the professional conduct committee shall constitute a quorum. (4) If a panel of the professional conduct committee is established in accordance with the bylaws, a decision of the panel has the same effect as a decision of the professional conduct committee. 1993, c R‑13.1, s 23; 2023, c 6, s 20‑11. Investigation 24(1) If the professional conduct committee is requested by the council to consider a complaint or is in receipt of a written complaint alleging that a member is guilty of professional misconduct or professional incompetence, the committee shall review and investigate the complaint. (2) In investigating the complaint, the professional conduct committee may take any steps authorized by section 24.1. (3) On completion of its investigation, the professional conduct 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 professional conduct committee decides that the complaint is of concern only to the complainant and the investigated member, both of whom agree to mediation; (d) require the investigated member to appear before the professional conduct committee, or a panel of the committee, to be cautioned; 17 REGISTERED PSYCHIATRIC NURSES c R-13.1 (e) require the investigated member to complete a specified continuing education or remediation program; (f) accept the voluntary surrender of the investigated member’s registration or licence; (g) accept an undertaking from the investigated member that provides for one or more of the following: (i) assessment of the investigated member’s capacity or fitness to practise in the profession; (ii) counselling or treatment of the investigated member; (iii) monitoring or supervision of the investigated member’s practice; (iv) completion by the investigated member of a specified course of studies by way of remedial training; (v) placing conditions on the investigated member’s right to practise in the profession; (h) take any other action that the professional conduct 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 professional conduct 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 member whose conduct is the subject of the complaint mentioned in subsection (1). 2023, c 6, s 20‑12. Investigative powers 24.1(1) The professional conduct 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 professional conduct 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; 18 c R-13.1 REGISTERED PSYCHIATRIC NURSES (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 member practises or has practised in the profession; (d) inspect, observe or audit the investigated member’s practice; and (e) examine any equipment, materials or any other thing used by the investigated member. (3) For the purposes of an investigation, the professional conduct committee may: (a) require the investigated member to provide access to any computer system used in connection with the member’s practice in order to produce a record in readable form; (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 member’s practice. (4) The professional conduct 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 professional conduct committee; or (b) counsel acting for the professional conduct 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 professional conduct 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 professional conduct 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. 19 REGISTERED PSYCHIATRIC NURSES c R-13.1 (9) A judge of the Provincial Court of Saskatchewan, on an application without notice by the professional conduct 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 professional conduct 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. (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 professional conduct 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 professional conduct 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 professional conduct 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 professional conduct committee, and subsections (1) to (14) apply, with any necessary modification, to that investigator. 2023, c 6, s 20‑12. Suspension pending outcome of investigation 24.2(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 professional conduct committee, a member’s licence should be suspended or a member’s ability to practise in the profession should be limited or restricted, the registrar or the discipline committee may: (a) suspend the member’s licence; or (b) impose limitations or conditions on the member’s licence. 20 c R-13.1 REGISTERED PSYCHIATRIC NURSES (2) A member aggrieved by a decision of the registrar or the discipline committee pursuant to subsection (1) may appeal the decision to the court, and sections 33 and 35 apply, with any necessary modification, to the appeal. 2023, c 6, s 20‑12. Discipline committee 25(1) The discipline committee is established consisting of at least five persons, the majority of whom are to be practising members, appointed by the council. (2) No member of the professional conduct committee or member of the council elected or appointed pursuant to clause 7(2)(a) is eligible to be appointed as a member of the discipline committee. (3) 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. 1993, c R‑13.1, s 25; 2023, c 6, s 20‑13. Discipline hearing 26(1) Where a report of the professional conduct committee recommends that the discipline committee hear and determine a complaint, the executive director shall, at least two weeks prior to the date the discipline committee is to sit: (a) send a copy of the formal complaint to the member whose conduct is the subject of the hearing; and (b) serve notice on the member whose conduct is the subject of the hearing of the date, time and place of the hearing. (2) The professional conduct committee shall prosecute 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 member is guilty of professional misconduct or professional incompetence, notwithstanding that the determination of a question of fact may be involved, and the discipline committee need not refer any question 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 association, any legal or other assistance that it considers necessary, and the member whose conduct is the subject of the hearing may be represented by counsel at the member’s own expense. (6) The testimony of witnesses is to be under oath administered by the chair‑person of the discipline committee. (7) At a hearing by the discipline committee, there is to be full right: (a) to examine, cross‑examine and re‑examine all witnesses; and (b) to adduce evidence in defence and reply. 21 REGISTERED PSYCHIATRIC NURSES c R-13.1 (8) On the application of the member whose conduct is the subject of a hearing or a member of the discipline committee, the local registrar of the court at any judicial centre, on payment of the appropriate fees, shall issue writs of subpoena ad testificandum or subpoena duces tecum and, where a writ is disobeyed, the proceedings and penalties are those applicable in civil cases in the court. (9) Where the member whose conduct is the subject of the hearing fails to attend the hearing, the discipline committee, on proof of service of the notice mentioned in subsection (1), may proceed with the hearing in his or her absence. (10) If, during the course of a hearing, the evidence shows that the member whose conduct is the subject of the hearing may be guilty of a charge different from or in addition to any charge specified in the formal complaint, the discipline committee shall: (a) notify the member of that fact; and (b) if the discipline committee proposes to amend, add to or substitute the charge in the formal complaint and unless the member otherwise consents, adjourn the hearing for any period that the discipline committee considers sufficient to give the member an opportunity to prepare a defence to the amended formal complaint. (11) Subject to subsection (12), the person, if any, who made the complaint pursuant to section 24: (a) shall be advised by the executive director of the time and place of the hearing; and (b) is entitled to attend the hearing. (12) The discipline committee may exclude from any part of the hearing the person who made the complaint when the committee is of the opinion that evidence brought in the presence of that person will unduly violate the privacy of a person other than the member. 1993, c R‑13.1, s 26. Disciplinary powers 27(1) Where the discipline committee finds a member guilty of professional incompetence or professional misconduct, it may make one or more of the following orders: (a) an order that the member be expelled from the association and that the member’s name be struck from the register; (b) an order that the member be suspended from the association for a specified period of time; (c) an order that the member be suspended pending the satisfaction and completion of any conditions specified in the order; 22 c R-13.1 REGISTERED PSYCHIATRIC NURSES (d) an order that the member may continue to practise only under conditions specified in the order, which may include, but are not restricted to, an order that the member: (i) not do specified types of work; (ii) successfully complete specified classes or courses of instruction; (iii) obtain treatment, counselling or both; (e) an order that reprimands the member; or (f) any other order that the discipline committee considers to be just. (2) In addition to any order made pursuant to subsection (1), the discipline committee may order: (a) that the member pay to the association within a fixed period: (i) a fine in a specified amount not to exceed $2,000; and (ii) the costs of the investigation and hearing into the member’s conduct and related costs, including the expenses of the professional conduct committee and the discipline committee and the costs of legal services and witnesses; and (b) where a member fails to make payment in accordance with an order pursuant to clause (a), that the member be suspended from the association. (3) The discipline committee shall send a copy of an order made pursuant to subsection (1) or (2) to the member whose conduct is the subject of the order and to the person, if any, who made the complaint. (4) Where a member is expelled or suspended from the association, the registrar shall strike the name of the member from the register or indicate the suspension on the register, as the case may be. (5) The discipline committee may inform a member’s employer of the order made against that member where that member has been found guilty of professional misconduct or professional incompetence. 1993, c R‑13.1, s 27. Professional misconduct 28(1) Professional misconduct is a question of fact, but any matter, conduct or thing, whether or not disgraceful or dishonourable, that: (a) is harmful to the best interests of the public or the members of the association; (b) tends to harm the standing of the profession; (c) is a breach of this Act or the bylaws; or (d) is a failure to comply with an order of the professional conduct committee, the discipline committee or the council; is professional misconduct within the meaning of this Act. 23 REGISTERED PSYCHIATRIC NURSES c R-13.1 (2) Professional incompetence is a question of fact, but the display by a member of: (a) a lack of knowledge, skill or judgment; or (b) a disregard for the welfare of members of the public served by the profession; of a nature or to an extent that demonstrates that the member is unfit to continue in the practice of the profession is professional incompetence within the meaning of this Act. 1993, c R‑13.1, s 28; 2015, c 21, s 42. Criminal conviction 29 The discipline committee may, by order, expel the member from the association where: (a) a member has been convicted of an indictable offence pursuant to the Criminal Code; (b) a report of the professional conduct committee is made to the discipline committee respecting the conviction mentioned in clause (a); (c) the discipline committee has given the member mentioned in clause (a) an opportunity to be heard; and (d) the discipline committee finds that the conduct of the member giving rise to the conviction makes the member unfit to continue to be a member. 1993, c R‑13.1, s 29. Criminal conduct 30 If, in the course of an investigation pursuant to this Act, the professional conduct committee obtains information that leads to a reasonable belief that a member 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 20‑14. 31 Repealed. 2023, c 6, s 20‑15. Appeal to council 32(1) A member who has been found guilty by the discipline committee pursuant to section 26 or who has been expelled pursuant to section 29 may appeal the decision or any order of the discipline committee within 30 days of the decision or order to the council by serving the executive director with a copy of the notice of appeal. (2) An appellant shall set out the grounds of appeal in a notice of appeal mentioned in subsection (1). (3) On receipt of a notice of appeal, the executive director shall file with the council a true copy of: (a) the formal complaint and notice served pursuant to subsection 26(1) or the report of the professional conduct committee pursuant to section 29; 24 c R-13.1 REGISTERED PSYCHIATRIC NURSES (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 the documents filed pursuant to subsection (3) on payment of the costs of producing them. (5) In hearing an appeal, the council 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 the council considers appropriate. (6) A decision of the majority of the council pursuant to subsection (5) is a decision of the council. 1993, c R‑13.1, s 32. Appeal to court 33 A member whose conduct is the subject of an order of the council pursuant to section 32 may appeal that order to a judge of the court within 30 days of the order of the council, and section 32 applies with any necessary modification. 1993, c R‑13.1, s 33. Court of Appeal 34 With leave of a judge of the Court of Appeal, the association or a member who brings an appeal pursuant to section 33 may appeal a decision of a judge of the court to the Court of Appeal on a question of law only. 2021, c 19, s 28. Effect of appeal 35 The commencement of an appeal pursuant to section 32 or 33 does not stay the effect of a decision or order of the discipline committee or the council, but, on five days’ notice to the executive director the appellant may apply to the court for a stay of proceedings pending the disposition of the appeal. 1993, c R‑13.1, s 35. 25 REGISTERED PSYCHIATRIC NURSES c R-13.1 Effect of expulsion 36 Where a member is expelled or suspended from the association pursuant to this Act, the member’s rights and privileges as a member are removed for the period during which the member is expelled or suspended. 1993, c R‑13.1, s 36. Reinstatement 37(1) A person who has been expelled as a member may apply to the council for reinstatement. (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 member on any terms and conditions that the council considers appropriate; or (b) by order 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 member, the applicant may, within 30 days after the date of the order, appeal the order of the 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 association; and (c) the evidence taken before council and any committee that dealt with the expulsion and application for reinstatement and the report of that committee. (7) A person whose application for reinstatement is refused or whose appeal of a refusal is dismissed may make another application for reinstatement, based on new information, at any time. 1993, c R‑13.1, s 37. 26 c R-13.1 REGISTERED PSYCHIATRIC NURSES GENERAL Immunity 38 No action lies or shall be instituted against: (a) members of the council; (b) the discipline committee; (c) the professional conduct committee; (d) any member of any committee; or (e) any officer, employee or agent; of the association for any loss or damage suffered by a person by reason of anything in good faith done, caused, permitted or authorized to be done, attempted to be done or omitted to be done by any of them pursuant to or in the exercise of or supposed exercise of any power conferred by this Act or the bylaws or in the carrying out or supposed carrying out of any decision or order made pursuant to this Act or the bylaws or any duty imposed by this Act or the bylaws. 1993, c R‑13.1, s 38. 39 Repealed. 2004, c L‑16.1, s 71. Offence and penalty 40 Every person who contravenes section 22 is guilty of an offence and liable on summary conviction to a fine of: (a) for a first offence, not more than $2,000; (b) for a second offence, not more than $4,000; and (c) for each subsequent offence, not more than $6,000 or to imprisonment for a term of not more than six months, or to both that fine and imprisonment. 1993, c R‑13.1, s 40. Limitation of prosecution 41 No prosecution for a contravention of section 22 is to be commenced: (a) after the expiration of 24 months from the date of the alleged offence; and (b) without the consent of the Minister of Justice or the council. 1993, c R‑13.1, s 41. Termination of employment 42 Any employer who terminates for cause the employment of a member shall report the termination to the association where the employer reasonably believes the cause is professional incompetence or professional misconduct. 1993, c R‑13.1, s 42. 27 REGISTERED PSYCHIATRIC NURSES c R-13.1 Review by Legislative Assembly 43(1) One copy of all bylaws and amendments filed with the Registrar of Corporations pursuant to section 16 is to be laid before the Legislative 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 any bylaw or amendment laid before the Legislative 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 any effect and is deemed to have been revoked. 1993, c R‑13.1, s 43; 2010, c B‑12, s 59; 2014, c E‑13.1, s 62; 2021, c 6, s 23‑26; 2023, c 6, s 20‑16. Revocation and notification 44(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 Legislative Assembly shall immediately forward two copies of the Votes and Proceedings to the Registrar of Corporations and at the same time advise him or her that the copies are forwarded pursuant to this subsection. (2) On receipt of the 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 association and at the same time advise the association that the copy is forwarded pursuant to this subsection. 1993, c R‑13.1, s 44; 2010, c B‑12, s 59; 2021, c 6, s 23‑26. Liability protection 45(1) The association may enter into a contract of insurance pursuant to which members or any category of members is insured with respect to professional liability claims. (2) The association is deemed to be an agent for the members or category of members for the purpose of entering into a contract of insurance pursuant to subsection (1). (3) Every member shall obtain and maintain the minimum amount of liability protection that is prescribed in the bylaws. 1993, c R‑13.1, s 45. Reports 46(1) The association shall file an annual report with the minister in the form, with the contents and in the time prescribed by the minister. 28 c R-13.1 REGISTERED PSYCHIATRIC NURSES (2) On or before February 1 in each year, the association shall file with the Registrar of Corporations and the minister a list, to be called the annual register, certified by the executive director to be a true list, showing: (a) the names of all members of the association as at December 31 in the preceding year; (b) the addresses of the members mentioned in clause (a) as shown by the records of the association; and (c) the respective dates of admission to membership in the association of the members mentioned in clause (a). 1993, c R‑13.1, s 46; 2010, c B‑12, s 59; 2021, c 6, s 23‑26. Other Acts not to prohibit practice 47 No provision of any other Act shall be construed as preventing a member from practising as a graduate psychiatric nurse or a registered psychiatric nurse for gain or reward. 1993, c R‑13.1, s 47. Compliance 48 Every member shall comply with this Act and the bylaws. 1993, c R‑13.1, s 48. Service of notices 49(1) Any notice or other document that is required to be served pursuant to this Act may, unless otherwise provided for in this Act, be served by: (a) personal service made: (i) in the case of an individual, on that individual; (ii) in the case of a partnership, on any partner; or (iii) in the case of a corporation, on any officer or director; (b) registered mail addressed to the last business or residential address of the person to be served known to the executive director. (2) A notice or document sent by registered mail is deemed to have been served on the seventh day following the date of its mailing, unless the person to whom it was mailed establishes that, through no fault of that person, the person did not receive the notice or document or received it at a later date. 1993, c R‑13.1, s 49. 29 REGISTERED PSYCHIATRIC NURSES c R-13.1 TRANSITIONAL AND REPEAL Transitional 50(1) A person who is a member of council pursuant to The Psychiatric Nurses Act, as that Act existed on the day before the coming into force of this Act, continues as a member of council until members of council are elected or appointed in accordance with this Act or that member of council resigns, dies or is removed in accordance with this Act, whichever occurs first. (2) Bylaws of the association made pursuant to The Psychiatric Nurses Act, as that Act existed on the day before the coming in force of this Act, and that are effective on the day before the coming into force of this Act continue in force as bylaws until amended or revoked pursuant to this Act. 1993, c R‑13.1, s 50. RSS 1978, c P-36 repealed 51 The Psychiatric Nurses Act is repealed. 1993, c R‑13.1, s 51. Coming into force 52 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. 1993, c R‑13.1, s 52. 30 c R-13.1 REGISTERED PSYCHIATRIC NURSES REGINA, SASKATCHEWAN Printed by the authority of THE KING’S PRINTER Copyright©2023