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Legislative Assembly of New Brunswick
Status of Legislation - First Reading Bill
An Act to Amend the Nurses Act
 
Legislature :
54
Session :
4
Bill No. :
44
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 :
                                                                           
   Her Majesty, by and with the advice and consent of the Legislative Assembly of New Brunswick, enacts as follows:

1                   Section 2 of the Nurses Act, chapter 71 of the Acts of New Brunswick, 1984, is amended

   (a)       in subsection (1)

      (i) by adding after the definition “nurse” the following:

   “nurse practitioner” means a nurse whose name is endorsed in the register as a nurse practitioner;

      (ii)                      by adding after the definition “patient” the following:

   “practice of a nurse practitioner” means the practice in which a nurse practitioner may

   (a)       diagnose or assess a disease, disorder or condition, and communicate the diagnosis or assessment to the patient,

   (b)       order and interpret screening and diagnostic tests, approved through the process set out in section 10.3,
   
   (c)         select, prescribe and monitor the effectiveness of drugs approved through the process set out in section 10.3, and
   
   (d)       order the application of forms of energy approved through the process set out in section 10.3;

   “practice of nursing” includes the practice of a nurse practitioner;

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

2(3)            The words “nurse practitioner”, “duly qualified nurse practitioner” or any like words or expressions used alone or in combination with other words or expressions
connecting a person recognized by law as a nurse practitioner in the Province, when used in any provision of an act of the Legislature or any regulation, rule, order or by-laws
made under an act of the Legislature or when used in any public document shall be read as including a person whose name is endorsed in the register as a nurse practitioner.

2(4)            Except for section 1, the definition “nurse”, subsection 2(2), section 3, paragraphs 11(1)(a) and (b), subsection 12(1) and paragraphs 24(r) and (s), wherever the term
“nurse” is used in this Act, it shall be read as including a nurse practitioner.

2                   The Act is amended by adding after section 10 the following:

                                                                                    PART II.1
                                                                           NURSE PRACTITIONERS
10.1(1)   The Board shall establish a Nurse Practitioner Therapeutics Committee.

10.1(2)   The Nurse Practitioner Therapeutics Committee shall consist of

   (a)       two representatives appointed by the Association,
   
   (b)       two representatives appointed by the College of Physicians and Surgeons of New Brunswick, and
   
   (c)         two representatives appointed by the New Brunswick Pharmaceutical Society.

10.1(3)   Representatives shall be appointed for a term of two years by their respective appointing bodies.

10.1(4)   The Nurse Practitioner Therapeutics Committee shall elect from among the members on the Committee a chairperson, who shall call and preside over required meetings of
the committee.

10.1(5)   A quorum of the Nurse Practitioner Therapeutics Committee shall consist of three persons and shall include at least one representative from each of the appointing
bodies referred to in subsection (2).

10.2(1)   The Nurse Practitioner Therapeutics Committee shall make recommendations to the Board from time to time with respect to

   (a)       the screening and diagnostic tests that may be ordered and interpreted,
   
   (b)       the drugs that may be selected or prescribed, and

   (c)         the forms of energy that may be ordered and the circumstances under which they may be ordered,

by a nurse practitioner.

10.2(2)   The Nurse Practitioner Therapeutics Committee shall send a copy of its recommendations to the Minister of Health and Wellness at the same time it sends its
recommendations to the Board.

10.2(3)   The Nurse Practitioner Therapeutics Committee shall make recommendations under subsection (1) at least annually.

10.3(1)   The Board may accept or reject the recommendations of the Nurse Practitioner Therapeutics Committee.

10.3(2)   The Board may make or amend rules in accordance with the recommendations of the Nurse Practitioner Therapeutics Committee.

10.3(3)   Rules or amendments made to rules under subsection (2) are not effective until approved by the Minister of Health and Wellness.

10.3(4)   Section 6 does not apply to rules made under this section.

10.3(5)   A nurse practitioner is authorized to engage in all practices specified in the rules made by the Board and approved by the Minister of Health and Wellness under this
section and may diagnose or assess a disease, disorder or condition, and communicate the diagnosis or assessment to the patient.

10.4          No person shall engage in the practice of a nurse practitioner unless the person has reasonable access to a medical practitioner for the purposes of consultation with
respect to any patient and is able to refer or transfer any patient to the care of a medical practitioner.

10.5(1)   A nurse practitioner shall provide to the Registrar annually,

   (a)       if an employee, the name of her employer and a statement from the employer verifying that the nurse practitioner, in the course of her employment, has reasonable access
   to a medical practitioner for the purposes of consultation with respect to any patient and is able to refer or transfer any patient to a medical practitioner for care, and
   
   (b)       if not an employee, the name and address of at least one medical practitioner with whom the nurse practitioner has an arrangement for the purposes of consultation with
   respect to the care of any patient, and to whom the nurse practitioner is able to refer or transfer any patient for care.

10.5(2)   An arrangement under paragraph (1)(b) shall be documented in writing between the parties and if the arrangement ceases to exist or if the parties to the arrangement
change, the nurse practitioner shall notify the Registrar immediately and provide particulars with respect to the changes.

10.5(3)   Notwithstanding paragraph (1)(a), a nurse practitioner is not required to provide a statement under paragraph (1)(a) if her employer has filed with the Registrar a statement
to the effect that it has ensured that nurse practitioners employed by it have reasonable access to a medical practitioner for the purposes of consultation with respect to any
patient, and are able to refer or transfer any patient to a medical practitioner for care.

10.5(4)   An employer may revoke a statement filed under subsection (3) at any time.

10.5(5)   Where a nurse practitioner changes employers, she shall notify the Registrar immediately of the particulars and shall provide a statment from the new employer that
complies with paragraph (1)(a) at the time of notification, if the employer does not have a statment filed with the Registrar under subsection (3).

3                   Section 11 of the Act is amended

   (a)       in paragraph (1)(a) by adding “, subject to subsection (1.1),” after “entitled”;

   (b)       by adding after subsection (1) the following:

11(1.1)   Where a person whose name is entered in the register under paragraph (1)(a) has met the qualifications for registration as a nurse practitioner pursuant to this Act, the
by-laws and the rules, the person is thereby entitled to engage in the practice of a nurse practitioner and the Registrar shall make an endorsement in the register by the person’s
name to indicate that fact.

4                   Section 12 of the Act is amended

   (a)       in subsection (1) by striking out “Any person” and substituting “Subject to subsection (1.1), any person”;

   (b)       by adding after subsection (1) the following:

12(1.1)   Only a person whose name is endorsed in the register as a nurse practitioner is entitled to engage in the practice of a nurse practitioner and, subject to any conditions,
limitations or restrictions set out in the by-laws or rules is entitled to hold herself out as a nurse practitioner and use the designation “nurse practitioner”, “NP”, “N.P.” or any
other words, letters or figures indicating that she is a nurse practitioner.

5                   The Act is amended by adding after section 13 the following:

13.1          Where a person whose name is endorsed in the register as a nurse practitioner fails to meet or maintain the qualifications and standards as a nurse practitioner, the
Registrar shall remove the endorsement in the register of nurse practitioner from her name.

6                   Section 16 of the Act is amended by adding after subsection (1) the following:

16(1.1)   The Registrar shall endorse on a certificate issued under subsection (1) that a person is entitled to practise as a nurse practitioner, if the person is entitled to do so.

7                   Paragraph 14(20)(c) of the Dental Technicians Act, chapter 71 of the Act of New Brunswick, 1957, is amended by striking out “dentist or physician” and
substituting “dentist, physician or nurse practitioner”.

8                   Paragraph 51(q) of An Act Respecting the New Brunswick Medical Society and the College of Physicians and Surgeons of New Brunswick, chapter 87 of the Acts of
New Brunswick, 1981, is repealed and the following is substituted:

   (q)       the practice of nursing by a person registered under the Nurses Act;

9(1)            Section 2 of the Pharmacy Act, chapter 100 of the Acts of New Brunswick, 1983, is amended

   (a)       by adding after the definition “medicine” the following:

   “nurse practitioner” means a person who is entitled to practise as a nurse practitioner under the Nurses Act;

   (b)       in the definition “prescriber” by adding “, nurse practitioner” after “medical practitioner”.

9(2)            Section 37 of the Act is amended by adding after subsection (9) the following:

37(10)    Nothing in this Act shall prevent any nurse practitioner from administering drugs or medicine in the course of his or her practice or from exercising any of the privileges
otherwise vested in him or her.


Amendment :
Section 1
In subsection 2(3) of the English version strike out "connecting" and substitute "connoting".



Section 7
Strike out "14(20)(c)" and substitute "14(2)(c)".
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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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