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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act Respecting Nurses and Nurse Practitioners
 
Legislature :
54
Session :
4
Bill No. :
43
Member :
Hon. E. Robichaud
First Reading :
2002-5-8
Second Reading :
2002-5-9
Committee of the Whole :
2002-5-29
Amended :
2002-5-29
Third Reading :
2002-5-30
Royal Assent :
2002-6-7
        
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Text of Bill :

                                                                                 Chapter Outline

Employment Standards Act................................................................................. 1
Health Act ...................................................................................................... 2
Health Services Act ....................................................................................... 3, 4
Hospital Act .................................................................................................... 5
Motor Vehicle Act ............................................................................................ 6
Nursing Homes Act .......................................................................................... 7
Prescription Drug Payment Act ........................................................................ 8, 9
Public Health Act ............................................................................................ 10
Radiological Health Act .................................................................................... 11
Workers’ Compensation Act ............................................................................. 12
Commencement............................................................................................... 13


   Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

                                                                           Employment Standards Act
1(1)         Section 1 of the Employment Standards Act, chapter E-7.2 of the Acts of New Brunswick, 1982, is amended by adding the following definition in alphabetical order:

   “nurse practitioner” means a person who is registered under the laws of the Province as authorized to practice as a nurse practitioner;

1(2)         Subsection 43(1) of the Act is repealed and the following is substituted:

43(1)      Subject to subsection (2), an employer shall at any time from a day eleven weeks before the specified date of delivery to the day of actual delivery, upon the request of a
pregnant employee and upon receipt of a certificate by a medical practitioner or nurse practitioner stating that the employee is pregnant and specifying the date upon which
delivery will, in his or her opinion, occur, grant the employee leave of absence without pay of seventeen weeks or such shorter period as the employee requests.

1(3)         Paragraph 44.02(3)(a) of the Act is repealed and the following is substituted:

   (a)    provide the employer with a certificate of a medical practitioner or nurse practitioner specifying the date upon which delivery will, in the medical practitioner’s or nurse
   practitioner’s opinion, occur or the date upon which the birth has occurred, and

1(4)         Subsection 44.021(2) of the Act is amended by adding “or nurse practitioner” after “medical practitioner”.

                                                                                    Health Act
2(1)         Section 1 of the Health Act, chapter H-2 of the Revised Statutes, 1973, is amended by adding the following definitions in alphabetical order:

   (a)    “nurse” means a person who is registered under the laws of the Province as authorized to practice as a nurse;
   
   (b)    “nurse practitioner” means a person who is registered under the laws of the Province as authorized to practice as a nurse practitioner;

2(2)         Subsection 6(1) of the Act is amended

   (a)      in paragraph (o) by adding “or nurse practitioners” after “medical practitioners”;

   (b)      in paragraph (t) by adding “or nurse practitioners” after “medical practitioners”.

2(3)         Subsection 19(2) of the Act is repealed and the following is substituted:

19(2)      A medical health officer, or anyone authorized by him, may by order in writing authorize a medical practitioner, nurse practitioner or nurse to enter into any house or
premises for the purpose of making inquiry and examination with respect to the state of health of a person found therein, and upon the recommendation of the medical
practitioner, nurse practitioner or nurse, the medical health officer may cause any person therein found infected with a contagious or infectious disease to be removed as provided
in subsection (1).

                                                                               Health Services Act
3               Section 8.1 of the Health Services Act, chapter H-3 of the Revised Statutes, 1973, is amended by adding “, nurse practitioner” after “medical doctor”.

4               Section 8.1 of the Health Services Act, as enacted by section 6 of An Act Respecting the Hospital Act, chapter 78, of the Acts of New Brunswick, 1994, is amended by
adding “, nurse practitioner” after “medical doctor”.

                                                                                  Hospital Act
5               Subsection 35(1) of the Hospital Act, chapter H-6.1 of the Acts of New Brunswick, 1992, is amended by adding after paragraph (p) the following:

   (p.1) respecting the appointment, powers, privileges and duties of officers, chief executive officers, medical staff and other staff and employees of regional health authorities,

                                                                               Motor Vehicle Act
6               Section 309.1 of the Motor Vehicle Act, chapter M-17 of the Revised Statutes, 1973, is amended

   (a)      in subsection (1) by adding “or a nurse practitioner” after “medical practitioner” wherever it appears;

   (b)      in subsection (2) by adding “or a nurse practitioner” after “medical practitioner”;

   (c)      by adding after subsection (2) the following:

309.1(3)                In this section

   “nurse practitioner” means a person who is registered under the laws of the Province as authorized to practice as a nurse practitioner.

                                                                               Nursing Homes Act
7               Paragraph 14(1)(d) of the Nursing Homes Act, chapter N-11 of the Acts of New Brunswick, 1982, is amended by adding “, nurse practitioner’s” after “physician’s”.

                                                                         Prescription Drug Payment Act
8               Section 4.1 of the Prescription Drug Payment Act, chapter P-15.01 of the Acts of New Brunswick, 1975, is amended by adding “, nurse practitioner” after “physician”.

9               Section 4.1 of the Prescription Drug Payment Act as enacted by section 8 of An Act respecting the Hospital Act, chapter 78 of the Acts of New Brunswick, 1994, is
amended by adding “, nurse practitioner” after “physician”.

                                                                                 Public Health Act
10(1)      Section 1 of the Public Health Act, chapter P-22.4 of the Acts of New Brunswick, 1998, is amended by adding the following definition in alphabetical order:

   “nurse practitioner” means a person who is registered under the laws of the Province as authorized to practice as a nurse practitioner;

10(2)      Section 27 of the Act is amended by striking out “medical practitioner or nurse” and substituting “medical practitioner, nurse practitioner or nurse” wherever it
appears.

10(3)      The heading “Duty of medical practitioner to report contacts” preceding section 31 of the Act is repealed and the following is substituted:

                                                                              Duty to report contacts

10(4)      Section 31 of the Act is repealed and the following is substituted:

31            A medical practitioner, nurse practitioner or nurse who provides professional services to a person who has a sexually transmitted disease, tuberculosis or meningococcal
meningitis or such other communicable disease as is prescribed by regulation shall, in accordance with the regulations, report the person’s contacts to a medical officer of health
or person designated by the Minister.

10(5)      Paragraph 66(2)(f) of the Act is amended by adding “, nurse practitioner” after “medical practitioner”.

10(6)      Paragraph 68(pp) of the Act is amended by adding “nurse practitioners and nurses,” after “medical practitioners,”.

                                                                        Radiological Health Protection Act
11            Section 7 of the Radiological Health Protection Act, chapter R-0.1 of the Acts of New Brunswick, 1987, is amended by adding after paragraph (a) the following:

   (a.1) a person who is registered as a nurse practitioner under the Nurses Act,

                                                                           Workers’ Compensation Act
12            Section 41 of the Workers’ Compensation Act, chapter W- 13 of the Revised Statutes, 1973 is amended

   (a)      in subsection (10) by striking out “or nurse” and substituting “nurse or nurse practitioner”;

   (b)      by adding after subsection (10) the following:

41(10.1) In subsection (10)

   “nurse” means a person who is registered under the laws of the Province as authorized to practice as a nurse;
   
   “nurse practitioner” means a person who is registered under the laws of the Province as authorized to practice as a nurse practitioner.

                                                                                 Commencement
13            This Act or any provision of this Act comes into force on a day or days to be fixed by proclamation.


Amendment :Add after section 5 the following:
5.1 Section 3 of the Medical Consent of Minors Act, chapter M-6.1 of the Acts of New Brunswick, 1976, is amended
(a) in subsection (1) in the portion preceding paragraph (a) by striking out "or legally qualified dentist" and substituting ", dentist, nurse practitioner or nurse";
(b) in paragraph (2)(b) by striking out "or legally qualified dentist" and substituting ", dentist, nurse practitioner or nurse".
.........................................................................................................................................................................................................
Legend
* Private Bill
** Bill referred to Standing Committee on Law Amendments
+ Private Member's Public Bill
++ Motion for second reading defeated
+++ Debate at second reading adjourned
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