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O. Reg. 502/07: GENERAL

filed August 27, 2007 under Nursing Act, 1991, S.O. 1991, c. 32

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ontario regulation 502/07

made under the

Nursing act, 1991

Made: July 4, 2007
Approved: August 22, 2007
Filed: August 27, 2007
Published on e-Laws: August 28, 2007
Printed in The Ontario Gazette: September 15, 2007

Amending O. Reg. 275/94

(General)

1. Ontario Regulation 275/94 is amended by adding the following section:

Mutual Recognition for Registered Nurses in the Extended Class

8.3 (1) Subject to subsections (3) and (5), an applicant who meets all of the following requirements shall have met the requirements for an extended certificate of registration as a registered nurse:

1. The applicant must have been registered to practise nursing in another province or territory in Canada with a certificate or licence considered by the Registration Committee to be one which was equivalent to an extended certificate of registration as a registered nurse.

2. The applicant must satisfy either the Executive Director or the Registration Committee that the applicant previously practised one of the specialties in nursing recognized by this Regulation, in another province or territory in Canada.

3. If any of the nursing programs which the applicant completed in order to be permitted to practise one of the specialties in nursing recognized by this Regulation were not university programs, the applicant must have successfully completed any additional education and training determined by the Registration Committee.

4. The applicant must have successfully completed the examinations for that specialty in the extended class referred to in subparagraph 3 i of subsection 11.1 (1).

5. The applicant must provide written confirmation from the regulatory body for nursing in each province or territory in Canada in which the applicant practised during the five years prior to the date of application verifying that the applicant, while registered, met that regulatory body’s continuing competence or quality assurance requirements.

6. The applicant,

i. in the opinion of the Executive Director or the Registration Committee, as the case may be, must have no additional need for education or experience based on evidence of safe nursing practice in a specialty in nursing recognized by this Regulation during the preceding year, or

ii. must have successfully completed any additional education requirements determined by the Registration Committee.

7. The applicant must meet the requirements of section 5. 

(2) Where paragraph 3 of subsection (1) is applicable to an applicant, the applicant shall, if requested by the Registration Committee, undergo an assessment of his or her competence using a process approved by the Registration Committee so as to permit the Registration Committee to determine what additional nursing education, training or experience, if any, is required in order for the applicant to meet the requirements of that paragraph.

(3) Subsection 11.1 (5) applies to an applicant under this section.

(4) Where the Executive Director is not satisfied that the applicant meets the requirements of subparagraph 6 i of subsection (1), the Executive Director shall refer the application to the Registration Committee to consider what additional education would need to be taken by the applicant to meet the requirements of subparagraph 6 ii of subsection (1).

(5) Subsection (1) is not applicable to an applicant,

(a) who, at any time, was the subject of a proceeding for professional misconduct, incompetence or incapacity in relation to the nursing profession or another health profession, other than a proceeding which was completed based upon its merits;

(b) who, at any time, was the subject of an inquiry or investigation by or on behalf of a regulatory body governing nursing in a province or territory in Canada, which was not completed on its merits or which resulted in the resignation of the applicant as a member of that regulatory body;

(c) who, at the time of the application, was the subject of an outstanding order or decision of a regulatory body governing nursing in a province or territory in Canada;

(d) who, at the time of the application, was in breach of an order or in violation of a decision of a regulatory body governing nursing in a province or territory in Canada;

(e) who, at any time, was in breach of any written agreement with or undertaking provided to a regulatory body governing nursing in a province or territory in Canada; or

(f) whose right to practise in a province or territory in Canada was, at the time of the application, subject to terms, conditions or limitations, other than those applicable to all members of the class of certificate of registration which the applicant held.

(6) The requirements of paragraphs 1, 2, 3, 4, 5 and 6 of subsection (1) are non-exemptible.

2. Section 11.1 of the Regulation is revoked and the following substituted:

11.1 (1) The following are non-exemptible registration requirements for an extended certificate of registration as a registered nurse:

1. The applicant,

i. must hold or have held a general certificate of registration as a registered nurse, issued by the College, or

ii. must satisfy the Registration Committee,

A. that he or she meets the registration requirements for a general certificate of registration as a registered nurse as set out in paragraphs 1 and 3 of subsection 6 (1.1), or

B. that the applicant graduated from a program of nursing prior to January 1, 2005 and that, had the applicant applied prior to January 1, 2005, he or she would have met the registration requirements for a general certificate of registration as a registered nurse, or

iii. must hold or have held a certificate of registration as a registered nurse in another jurisdiction which the Registration Committee is satisfied is equivalent to an extended certificate of registration as a registered nurse.

2. The applicant,

i. must have graduated from an Ontario university program for preparing registered nurses for a specialty in the extended class which program was, at the time the applicant graduated, approved by Council,

ii. must have graduated from a university program in another province or territory in Canada or one of the United States of America for preparing registered nurses for a specialty in the extended class which program was, at the time the applicant graduated, approved by Council,

iii. must have graduated from a university nursing program that the Registration Committee is satisfied was, at the time the applicant graduated, equivalent to a current Ontario university program referred to in subparagraph i, or

iv. subject to subsection (4), must have graduated from a nursing program other than one referred to in subparagraphs i, ii or iii and satisfied the Registration Committee that he or she has obtained additional nursing education, training or experience that, together with the education provided by the nursing program from which he or she graduated, is equivalent to the education currently provided to a graduate of an Ontario university program referred to in subparagraph i.

3. At the time of successfully completing all other requirements for registration as a registered nurse in the extended class or at the time of application, whichever is later, the applicant must,

i. successfully complete,

A. whatever examinations are approved by Council for that specialty in the extended class for which the applicant had successfully completed the program referred to in paragraph 2, or

B. whatever examinations are set by or administered by the College for that specialty in the extended class for which the applicant had successfully completed the program referred to in paragraph 2, and

ii. satisfy the Registration Committee that, during the past five years,

A. he or she has practised nursing for at least two years,

B. his or her nursing practice was performed safely, and

C. for at least one of those years, he or she practised in a nursing role that required him or her to use advanced knowledge and decision-making skills in assessment, diagnosis and health care management.

(2) An applicant who graduated from an Ontario university program for preparing registered nurses in the extended class that was, at the time the applicant graduated, approved by the Council of Ontario University Programs in Nursing and by the Senate or Governing Council of the University that offered the program, is deemed to have met the requirement of subparagraph 2 i of subsection (1).

(3) The following are additional registration requirements for an extended certificate of registration as a registered nurse:

1. The applicant is able to demonstrate the ability to speak and write either English or French with reasonable fluency.

2. The applicant is a Canadian citizen or a permanent resident of Canada or authorized under the Immigration and Refugee Protection Act (Canada) to engage in the practice of nursing.

3. An applicant who graduated from a program referred to in subparagraph ii, iii or iv of paragraph 2 of subsection (1) must, if the program was located outside Ontario, show proof of registration, or eligibility for registration, as the equivalent of a registered nurse in the extended class, in the jurisdiction in which the program was located.

4. The applicant must not have been refused registration in the nursing profession in another jurisdiction.

(4) An applicant who graduated from a program referred to in subparagraph iv of paragraph 2 of subsection (1) shall, if requested by the Registration Committee, undergo an assessment of his or her competence using a process approved by the Registration Committee so as to permit the Registration Committee to determine what additional nursing education, training or experience, if any, is required in order for the applicant to meet the requirements of that subparagraph.

(5) If an applicant for an extended certificate of registration fails to successfully complete the examinations referred to in subparagraph i of paragraph 3 of subsection (1), the applicant must, as an additional non-exemptible registration requirement,

i. if requested by the Registration Committee, undergo an assessment of his or her competence using a process approved by the Registration Committee, and

ii. successfully complete such additional education and obtain such additional training and experience as the Registration Committee determines is necessary to enable the applicant to practise safely in a specialty recognized by this Regulation, before resubmitting to the examinations referred to in subparagraph i of paragraph 3 of subsection (1).

11.2 (1) There shall be in the extended class the non-acute care specialty of Primary Health Care.

(2) There shall be in the extended class the following acute care specialties: 

1. Paediatrics.

2. Adult.

3. Anaesthesia.

(3) An applicant being issued an extended certificate of registration shall also be issued a specialty certificate for that specialty for which the applicant successfully completed the examinations referred to in subparagraph i of paragraph 3 of subsection 11.1 (1).

(4) A member holding an extended certificate of registration on August 27, 2007 shall be issued a Primary Health Care specialty certificate.

(5) A member holding a specialty certificate is entitled to the issuance of a specialty certificate in another specialty upon meeting all of the requirements that would otherwise have been applicable to the member had he or she been an initial applicant for the issuance of an extended certificate of registration in relation to that other specialty.

(6) For greater clarity, a specialty certificate is not a class of certificate of registration.

11.3 (1) Where a member’s extended certificate of registration is suspended or revoked, any specialty certificate issued to the member is automatically suspended or revoked until the suspension or the revocation is lifted or removed.

(2) Where a former member’s extended certificate of registration is reinstated, any specialty certificate the former member held at the time of the suspension or revocation shall also be reinstated unless otherwise directed by the committee that determined that the reinstatement should take place.

(3) Where a member holding an extended certificate of registration resigns that certificate, any specialty certificate issued to the member is automatically revoked.

Titles

11.4 (1) Subject to subsections (2), (3), (4) and (5), a member holding an extended certificate of registration shall use the title “Nurse Practitioner” or the abbreviation “NP” or the title “Registered Nurse Extended Class” or the abbreviation “RN(EC)”, when practising in that role.

(2) A member holding a Primary Health Care specialty certificate may use the title “Nurse Practitioner — Primary Health Care” or the abbreviation “NP — PHC”, when practising in that role.

(3) A member holding a Paediatrics specialty certificate may use the title “Nurse Practitioner — Paediatrics” or the abbreviation “NP — Paediatrics”, when practising in that role.

(4) A member holding an Adult specialty certificate may use the title “Nurse Practitioner — Adult” or the abbreviation “NP — Adult ”, when practising in that role.

(5) A member holding an Anaesthesia specialty certificate may use the title “Nurse Practitioner — Anaesthesia” or the abbreviation “NP — Anaesthesia”, when practising in that role.

(6) Except as permitted by the Act or this Regulation, no other title, designation, variation or abbreviation shall be used by a member holding an extended certificate of registration.

(7) No member shall use the title “Nurse Practitioner”, any variation or abbreviation thereof, or the designation “Registered Nurse Extended Class”, or any variation or abbreviation thereof, unless the member holds an extended certificate of registration.

(8) No member shall refer to himself or herself as a specialist in any of the specialties referred to in section 11.2 unless the member holds a specialty certificate in that specialty.

Examinations

11.5 (1) A person who meets the following requirements is entitled to attempt the examinations that must be successfully completed as a requirement for the issuance of an extended certificate of registration as a registered nurse:

1. The person must file a completed examination application form with the College at least 90 days before the commencement of the examinations.

2. The person must pay the required examination fee to the College at least 90 days before the commencement of the examinations.

3. The person must meet the requirements of paragraph 1 of subsection 11.1 (1).

4. The person must meet the requirements of paragraph 2 of subsection 11.1 (1) for that specialty to which the examinations relate.

5. Where the person previously attempted but failed to successfully complete the examinations referred to in subparagraph 3 i of subsection 11.1 (1), the person must have met the requirements of subsection 11.1 (5).

6. The person must not have attempted on three previous occasions the examinations for a specialty which would, if successfully completed, have met the examination requirement for registration in the extended class.

(2) For greater clarity, examinations taken prior to the applicant’s successful completion of the program referred to in paragraph 2 of subsection 11.1 (1) shall not be considered in determining eligibility pursuant to paragraphs 5 or 6 of subsection (1).

3. This Regulation comes into force on the day it is filed.

Made by:

Council of the College of Nurses of Ontario:

Anne L. Coghlan

Executive Director

Shirley Kennedy

Vice President

Date made: July 4, 2007.