O. Reg. 22/06: GENERAL

 

ontario regulation 22/06

made under the

nursing act, 1991

Made: October 19, 2005
Approved: February 3, 2006
Filed: February 6, 2006
Published on e-Laws: February 7, 2006
Printed in The Ontario Gazette: February 25, 2006

Amending O. Reg. 275/94

(General)

1. Section 8 of Ontario Regulation 275/94 is revoked and the following substituted:

8. (1) Subject to subsection (2), a person who formerly held a general or extended certificate or a certificate under Part IV of the Health Disciplines Act, and who applies for a certificate of registration under the Act in the same membership class, shall be deemed to have met the requirements set out in section 6 or 11.1 that are applicable to the class of certificate equivalent to the one that the person previously held, if he or she satisfies the Executive Director that he or she,

(a) graduated within the past five years from a program in nursing that was a requirement for the issuance of his or her previous certificate of registration;

(b) has no need for additional education or experience based on evidence of safe nursing practice during the past five years; or

(c) has successfully completed any additional educational requirements that may be determined by the Registration Committee.

(2) Subsection (1) does not apply to a person whose certificate of registration was revoked or suspended by the Executive Director in accordance with an order of the Discipline Committee, the Fitness to Practise Committee, the Registration Committee, or a panel of any of those committees.

(3) An application referred to in subsection (1) shall be treated, in all other respects, as an initial application for registration.

2. Subsection 12.1 (6) of the Regulation is revoked and the following substituted:

(6) A member holding a retired certificate of registration as a registered nurse or as a registered practical nurse may apply for the reinstatement of the general or extended class certificate that he or she previously held by submitting a completed application to the Executive Director in the form provided by the Executive Director.

(7) The Executive Director shall reinstate the general or extended class certificate that the member previously held upon the approval of and subject to any terms, conditions or limitations that the Registration Committee considers appropriate, if the member,

(a) has paid the required reinstatement fee;

(b) has paid the annual fee applicable to the class of certificate being reinstated for the year in which the reinstatement occurs, less any amount previously paid by the member as an annual fee for that year; and

(c) has satisfied the Executive Director that he or she,

(i) has no need for additional education or experience based on evidence of safe nursing practice during the past five years, or

(ii) has successfully completed any additional education requirements determined by the Registration Committee.

3. Section 13 of the Regulation is revoked and the following substituted:

Reinstatement

13. (1) A former member who resigned as a member or whose certificate of registration was suspended for failure to pay a required fee may apply for the reinstatement of the general or extended class certificate which he or she previously held by submitting a completed application to the Executive Director in the form provided by the Executive Director.

(2) Subject to subsection (3), the Executive Director may reinstate the former member’s certificate of registration if,

(a) the former member has paid the following amounts:

(i) the required reinstatement fee,

(ii) the annual fee for the year in which the certificate of registration is to be reinstated, if not previously paid,

(iii) any other money owing to the College at the date the application for reinstatement is submitted, including any penalty fees that were due at the time that he or she ceased to be a member; and

(b) the former member has satisfied the Executive Director that he or she,

(i) graduated within the past five years from a program in nursing that was a requirement for the issuance of the certificate of registration that is the subject of the application for reinstatement,

(ii) has no need for additional education or experience based on evidence of safe nursing practice during the past five years, or

(iii) has successfully completed any additional education requirements that may be determined by the Registration Committee.

(3) A former member is ineligible for reinstatement under subsection (2) if he or she,

(a) is the subject of a proceeding for professional misconduct, incompetence or incapacity in Ontario or in another jurisdiction in relation to the nursing profession or another health profession, or was the subject of such a proceeding, other than a proceeding that was completed on its merits;

(b) is the subject of an inquiry or investigation by the Executive Director, a committee, a panel of a committee or a board of inquiry of the College, or was the subject of such an inquiry or investigation, that was not completed on its merits or which resulted in the member’s resignation;

(c) was, at the time he or she ceased to be a member, the subject of an outstanding order of a committee, a panel of a committee, or a board of inquiry of the College;

(d) was, at the time he or she ceased to be a member, in breach of an order of a committee, a panel of a committee, or a board of inquiry of the College;

(e) was, at the time he or she ceased to be a member, in violation of a decision of a panel of the Complaints Committee, including a decision requiring the member to attend to be cautioned;

(f) was, at the time he or she ceased to be a member, in breach of any written agreement with or undertaking provided to the College; or

(g) had, at the time he or she ceased to be a member, terms, conditions or limitations on his or her certificate of registration, other than those applicable to all members of the class of certificate of registration previously held by the former member.

(4) Nothing in this section prevents a former member who resigned as a member or whose certificate of registration was suspended for failure to pay a required fee from making an application for a new certificate of registration.

13.1 If a former member’s certificate of registration is ordered to be reinstated by a panel of the Discipline Committee or the Fitness to Practise Committee, the Executive Director shall reinstate the certificate of registration upon payment of,

(a) the required reinstatement fee; and

(b) the annual fee for the year in which the certificate of registration is to be reinstated, if not previously paid.

Made by:

Council of the College of Nurses of Ontario:

Anne L. Coghlan

Executive Director

Sandra Keating

President

Date made: October 19, 2005.