About Legislation and Bylaws
Registered Nurses Act
The House of Assembly passed the new Registered Nurses Act (2008) on June 4th, 2008. The RN Act lays out progressive governance structures and disciplinary procedures for the nursing profession. These measures increase public protection and place greater accountability on the part of the nurse and nurse practitioner professions through the Association of Registered Nurses of Newfoundland and Labrador (ARNNL).
The RN Act (2008) improves disciplinary procedures, streamlines regulation process and details ethical requirements on the part of the professionals that not only strengthen the authority of the professional board but also ensure safeguards are in place to protect the general public. This further enhances the accountability of the profession to the public.
The act covers all nurses and nurse practitioners currently registered in the province. It sets out an open and transparent disciplinary process which is regulated by the ARNNL, granting the association the appropriate investigative powers and authority to investigate allegations of wrong doing by a nursing professional.
The act also details the ethical duty of nurses or nurse practitioners who observe the misconduct of another colleague to report it to the Director of Professional Conduct Review. The act includes a progressive measure by ensuring the individual who reports the misconduct is protected from any action.
The new governance arrangements and disciplinary procedures contained in the act follow similar measures adopted by the Provincial Government and incorporated in other health profession legislation including those for physicians, pharmacists, massage therapists, veterinarians, optometrists, and physiotherapists.
The new Act also requires the development of new regulations and by-laws. Regulations are delegated legislation that speaks to specialized powers. By-laws are rules of procedure that are not already specified in legislation. While final authority to make, amend, or repeal regulations rests with the Minister of Health and Community Services, final authority to make, amend, or repeal by-laws rests with Council, not the membership as it was in the past.
The new Act changed the composition of Council and required ARNNL to conduct an election of all RN councilors in June 2009. Thus Council amended by-laws regarding the makeup of Council as required by the Act (e.g., 10 [not 13] RNs plus four [not two] public representatives) and to govern the nominations (e.g., the nominations committee will now be appointed by Council and not elected by the membership) and the election and voting process. These bylaws govern the election of the incoming and future Councils. Council also provided direction for proposed by-law amendments regarding the powers and functions of Council, the annual general meeting and Council and special meetings which were approved in April 2009.
The Act moves the authority for the NP Standards Committee to ARNNL from the Department of Health and Community Services (DHCS). New regulations, which give NPs the authority to implement new standards and scope of practice competencies are proceeding through the legislated review process and will bring NPs scope of practice in line with that of other jurisdictions, were approved and implemented in 2009.
The Act also made changes to the professional conduct review process which required the appointment of: