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Proposed changes: public register by-laws
The deadline for comments has passed
The College is proposing changes to our by-laws to bring them into compliance with new requirements in the Health Professions Procedural Code (the Code) of the Regulated Health Professions Act, 1991.
To comment on the proposed changes, read the details of the change and submit your feedback using the comment box. The deadline to comment is Tuesday, Feb. 20, 2018.
Details and rationale
The Protecting Patients Act (Bill 87), which passed on May 30, 2017, resulted in changes to the information required to be available on our public register, Find a Nurse.
Section 23 (2) of the Code sets out specific information that every health regulatory college must have on its public register, and authorizes college councils to identify additional information that they will keep on the register. The changes made within the Protecting Patients Act support public access to more information about regulated health professionals' current and past conduct. The College’s role, as the regulatory body for nursing, is to implement the legislation.
The College’s register article is divided into two major sections:
- Article 44.1.05 sets out the information that the Code requires the College to keep on the register
- Article 44.1.06 sets out additional information that Council has decided the College will post on the register to support the public’s ability to make informed decisions about their health care.
Some of the changes in legislation now make information that the Council had added mandatory. For example, in December 2015, as part of its transparency initiative, Council decided to post Inquiries, Complaints and Reports Committee oral cautions and specified continuing education or remediation programs (SCERPs) on the register. Council also decided that these decisions would generally be removed after three years.
The Code now requires that any oral cautions and SCERPs that a nurse is ordered to complete be posted on the Register and remain register indefinitely. To satisfy the new requirements in the Code, it is proposed that the removal provisions be deleted from the College’s by-laws as they are contrary to the Code.
Although the College’s by-laws must be updated so that they align with the legislation, Find a Nurse is already in compliance with the new requirements in the Code, and no changes are needed to our public register.
You can see a summary of the most significant changes in the Register By-Laws: Proposed amendments for circulation & notice, which is the document Council reviewed when it approved the proposed changes. (It is Agenda Item 3.1 on page 26 of the Council meeting materials.)
The document also includes:
- The full text of proposed amendments
- A table showing the specific changes and rationale
- The revised section 23 (2) of the Code, which sets out the information that is required to be kept on the public register.