Nursing Complaints and Fitness to Practice

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The “Nursing Professions Regulations,” established under the Nursing Professions Act, S.Nu. 2023, c. 16, outlines a framework for managing complaints, detailing the structure and function of the Fitness to Practice Committee, the procedures for alternative dispute resolution, and the requirements for public disclosure and correspondence. Individuals wishing to file a complaint can do so either in writing or orally, depending on their literacy level. Written complaints may be submitted in any official language, while illiterate individuals can present their concerns orally through a designated person. This person must accurately record the complaint, ensuring the complainant is satisfied with the recording, which may involve playback and re-recording for sound recordings or reading back written complaints for verification and correction. If a complaint is dismissed, the complainant has the right to request a review of this decision in the same manner as the original complaint.

The Complaints Officer or Chairperson of the Fitness to Practice Committee has the discretion to refer complaints to the committee after considering various factors, such as the respondent’s prior conduct and fitness to practice history. The Fitness to Practice Committee is composed of at least four members from the nursing college, including different types of nurses and two residents of Nunavut who are not qualified to practice nursing. If no registered psychiatric nurses are available, specific exceptions may apply. Committee members serve a two-year term that may be renewed, and if a member’s registration expires while serving, they can continue until their term concludes. Both the Chairperson and Deputy Chairperson also hold two-year terms. For committee meetings, a quorum of three members is required, including at least one non-nursing resident. Members with a conflict of interest must disclose this and refrain from participating in relevant discussions. Individuals may present arguments and evidence in various formats, including in person, via telecommunication, or through written documents.

When a complaint is deemed suitable for alternative dispute resolution (ADR), both the complainant and respondent will receive written notification. A facilitator, appointed by the Chairperson of the Professional Conduct Committee, will oversee the ADR process, considering the preferred official languages and cultural relevance for both parties. The Chairperson must verify whether the respondent has met the terms of any settlement agreements reached. Respondents may appear for censure in person or via videoconference, and any public information required regarding a censure will be available on the college’s website in the official languages of the parties involved, along with statements indicating the availability of translations upon request. Employers must receive written notice in any official language if a respondent’s registration is suspended or canceled or if limitations are placed on their ability to practice.

The public register must be maintained in an official language and include statements about the availability of translations upon request. All formal correspondence, including notices and decisions, must be provided in an official language and include a note about translation availability.

Nunavut (R-003-2024) January 30, 2024