July 26, 2005

Changes to registered nursing legislation

As of August 19, 2005 all registered nurses and nurse practitioners (NPs) in BC will be placed under the Health Professions Act (HPA). The Act was introduced in 1990 but registered nurses were not covered by it; rather they were governed by their own statute (Nurses [Registered] Act). A recommendation by the Health Professions Council to include registered nurses in the HPA started a lengthy process looking at a wide range of issues including scopes of practice, reserved acts, and new by-laws for a regulatory college. BCNU has been actively following the process throughout and has made numerous submissions on behalf of BCNU members.

On June 28, 2005 an Order in Council approved the Regulation for RNs and NPs, setting August 19, 2005 as the date for coming under the HPA. The Regulation can be accessed via the RNABC web site at www.rnabc.bc.ca.

The Regulation and the new College of RNs will govern practice and registration. As stated on the RNABC website, there will be education and consultation support available in the fall.

Duty to report
There is a section in the HPA about which some employers have already issued an advisory.
This is Section 32.2 Duty to report registrant which comes into effect for RNs and NPs on August 19, 2005. It’s similar to RNABC Standard 5 - Provision of Service in the Public Interest, point 5, “Reports unsafe practice or professional misconduct to appropriate person or body.” It is now spelled out in the HPA as follows:
  1. (1) A registrant must report in writing to the registrar of an other person’s college if the registrant, on reasonable and probable grounds, believes that the continued practice of a designated health profession by the other person might constitute a danger to the public.
    “‘Other person’ means a person who is a registrant in one of the colleges and is believed to be
            (a) not competent to practice the designated health profession, or
            (b) suffering from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs his or her ability to practice the designated health profession.”
Employers are also bound to report an employee to their college for the above reasons.

If you have questions or concerns about duty to report, contact the RNABC. Guidelines are being developed to assist RNs and NPs with duty to report, as well as all other new aspects of practice under the HPA.

In the meantime, BCNU will continue to monitor the HPA and take action on your behalf where necessary.

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