Nursing Act, 1991

Bills that amended this Act0

No published amendment links yet for this Act.

Sections41

• 1Definitions

  1 In this Act, “College” means the College of Nurses of Ontario; (“Ordre”) “Executive Director” means the Registrar; (“directeur général”) “Health Professions Procedural Code” means the Health Professions Procedural Code set out in Schedule 2 to the Regulated Health Professions Act, 1991; (“Code des professions de la santé”) “member” means a member of the College; (“membre”) “profession” means the profession of nursing; (“profession”) “this Act” includes the Health Professions Procedural Code. (“la présente loi”) 1991, c. 32, s. 1.

• 1.
• 2Health Professions Procedural Code

  2 (1) The Health Professions Procedural Code shall be deemed to be part of this Act. 1991, c. 32, s. 2 (1). Terms in Code (2) In the Health Professions Procedural Code as it applies in respect of this Act, “College” means the College of Nurses of Ontario; (“ordre”) “health profession Act” means this Act; (“loi sur une profession de la santé”) “profession” means the profession of nursing; (“profession”) “regulations” means the regulations under this Act. (“règlements”) 1991, c. 32, s. 2 (2). Definitions in Code (3) Definitions in the Health Professions Procedural Code apply with necessary modifications to terms in this Act. 1991, c. 32, s. 2 (3).

• 2.
• 3Scope of practice

  3 The practice of nursing is the promotion of health and the assessment of, the provision of care for and the treatment of health conditions by supportive, preventive, therapeutic, palliative and rehabilitative means in order to attain or maintain optimal function. 1991, c. 32, s. 3.

• 3.
• 4Authorized acts

  4 In the course of engaging in the practice of nursing, a member, who is a registered practical nurse, is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following: 1. Performing a prescribed procedure below the dermis or a mucous membrane. 2. Administering a substance by injection or inhalation. 3. Putting an instrument, hand or finger, i. beyond the external ear canal, ii. beyond the point in the nasal passages where they normally narrow, iii. beyond the larynx, iv. beyond the opening of the urethra, v. beyond the labia majora, vi. beyond the anal verge, or vii. into an artificial opening into the body. 4. Treating, by means of psychotherapy technique, delivered through a therapeutic relationship, an individual’s serious disorder of thought, cognition, mood, emotional regulation, perception or memory that ma…

• 4.
• 4.1Authorized acts by certain registered nurses

  4.1 In the course of engaging in the practice of nursing, a member who is a registered nurse, other than a member described in section 5.1, is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following: 1. Communicating to a patient or to his or her representative a diagnosis made by the member where the purpose of that communication is for prescribing a drug as authorized under paragraph 5. 2. Performing a prescribed procedure below the dermis or a mucous membrane. 3. Administering a substance by injection or inhalation. 4. Putting an instrument, hand or finger, i. beyond the external ear canal, ii. beyond the point in the nasal passages where they normally narrow, iii. beyond the larynx, iv. beyond the opening of the urethra, v. beyond the labia majora, vi. beyond the anal verge, or vii. into an artificial op…

• 5.
• 5Additional requirements for authorized acts

  5 (1) A member shall not perform a procedure under the authority of section 4 or 4.1 unless, (a) the performance of the procedure by the member is permitted by the regulations and the member performs the procedure in accordance with the regulations; or (b) the procedure is ordered by a person who is authorized to do the procedure by section 5.1 of this Act or by the Chiropody Act, 1991, the Dentistry Act, 1991, the Medicine Act, 1991 or the Midwifery Act, 1991. 1991, c. 32, s. 5 (1); 1997, c. 9, s 1; 2017, c. 8, Sched. 22, s. 3. Grounds for misconduct (2) In addition to the grounds set out in subsection 51 (1) of the Health Professions Procedural Code, a panel of the Discipline Committee shall find that a member has committed an act of professional misconduct if the member contravenes subsection (1). 1991, c. 32, s. 5 (2). Section Amendments with date in force (d/m/y) 1997, c. 9, s. 1 - …

• 5.1Authorized acts by certain registered nurses

  5.1 (1) In the course of engaging in the practice of nursing, a member who is a registered nurse and who holds an extended certificate of registration in accordance with the regulations, is authorized, subject to the terms, conditions and limitations imposed on his or her certificate of registration, to perform the following: 1. Communicating to a patient or to his or her representative a diagnosis made by the member identifying, as the cause of the patient’s symptoms, a disease or disorder. 2. Performing a procedure below the dermis or a mucous membrane. 3. Putting an instrument, hand or finger, i. beyond the external ear canal, ii. beyond the point in the nasal passages where they normally narrow, iii. beyond the larynx, iv. beyond the opening of the urethra, v. beyond the labia majora, vi. beyond the anal verge, or vii. into an artificial opening of the body. 4. Applying or ordering t…

• 6.
• 6College continued

  6 The College is continued under the name College of Nurses of Ontario in English and Ordre des infirmières et infirmiers de l’Ontario in French. 1991, c. 32, s. 6.

• 7.
• 7Executive Director

  7 The Registrar shall be known as the Executive Director. 1991, c. 32, s. 7.

• 8.
• 8Classes of nurses

  8 The members shall be divided into two classes, registered nurses and practical nurses. 1991, c. 32, s. 8.

• 9.
• 10.
• 9Council

  9 (1) The Council shall be composed of, (a) twenty-one persons who are members elected in accordance with the by-laws, fourteen from among members who are registered nurses and seven from among members who are practical nurses; and (b) at least 14 and no more than 18 persons appointed by the Lieutenant Governor in Council who are not, (i) members, (ii) members of a College as defined in the Regulated Health Professions Act, 1991, or (iii) members of a Council as defined in the Regulated Health Professions Act, 1991. 1991, c. 32, s. 9 (1); 1998, c. 18, Sched. G, s. 37 (1); 2009, c. 26, s. 18 (5). Who can vote in elections (2) Subject to the by-laws, every member who practises or resides in Ontario and who is not in default of payment of the annual membership fee is entitled to vote in an election of members of the Council. 1991, c. 32, s. 9 (2); 1998, c. 18, Sched. G, s. 37 (2). Section A…

• 10President and Vice-President

  10 (1) The Council shall have a President and two Vice-Presidents who shall be elected annually by the Council from among the Council’s members. 1991, c. 32, s. 10 (1). Vice-Presidents (2) One Vice-President shall be a registered nurse and one shall be a practical nurse. 1991, c. 32, s. 10 (2).

• 11.
• 11Restricted titles

  11 (1) No person other than a member shall use the title “nurse”, “nurse practitioner”, “registered nurse” or “registered practical nurse”, a variation or abbreviation or an equivalent in another language. 2007, c. 10, Sched. B, s. 14 (1). Exception (2) Despite subsection (1), a person may use the title “Christian Science nurse” or “graduate nurse”, a variation or abbreviation or an equivalent in another language. 1991, c. 32, s. 11 (2). Restricted title (3) No person shall use the title “nursing assistant” or a variation or abbreviation of it. 1991, c. 32, s. 11 (3). Same (4) No person shall use the title “nurse anaesthetist”, a variation or abbreviation or an equivalent in another language. 2007, c. 10, Sched. B, s. 14 (2). Exception (4.1) Nothing in subsection (4) prevents a member from using a term, title or designation indicating a specialization of nursing associated with anaesthes…

• 12.
• 12Repealed

  12 Repealed: 2021, c. 25, Sched. 25, s. 22. Section Amendments with date in force (d/m/y) 2021, c. 25, Sched. 25, s. 22 - 03/06/2021

• 13.
• 13Offence

  13 Every person who contravenes subsection 11 (1), (3) or (5) is guilty of an offence and on conviction is liable to a fine of not more than $25,000 for a first offence and not more than $50,000 for a second or subsequent offence. 2007, c. 10, Sched. B, s. 14 (3). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. B, s. 14 (3) - 04/06/2007

• 14.
• 14Regulations

  14 Subject to the approval of the Lieutenant Governor in Council and with prior review by the Minister, the Council may make regulations, (a) prescribing procedures for the purpose of paragraph 1 of section 4 and paragraph 2 of section 4.1; (a.1) designating drugs that may be prescribed under paragraph 5 of section 4.1; (b) permitting a member to perform a procedure under clause 5 (1) (a) and governing the performance of the procedure, including, without limiting the foregoing, prescribing the class of members that can perform the procedure and providing that the procedure may only be performed under the authority of a prescribed member or a member of a prescribed class; (c) regulating and governing the administering of substances by members by injection or inhalation under paragraph 6 of subsection 5.1 (1), the prescribing, dispensing, compounding and selling of drugs by members in the …

• 15.
• 14.1Minister regulations

  14.1 Subject to the approval of the Lieutenant Governor in Council, the Minister may make regulations exempting a person from subsection 11 (1) or (5) and setting conditions on such an exemption. 2023, c. 4, Sched. 2, s. 9. Section Amendments with date in force (d/m/y) 2023, c. 4, Sched. 2, s. 9 - 24/07/2023

• 16.
• 16., 17.
• 15Transitional

  15 A person who, on the day before this Act comes into force, held a certificate issued under Part IV of the Health Disciplines Act shall be deemed to be the holder of a certificate of registration issued under this Act, subject to any term, condition or limitation to which the certificate was subject. 1991, c. 32, s. 15.

• 17.
• 16, 17

  16, 17 Repealed: 2007, c. 10, Sched. B, s. 14 (5). Section Amendments with date in force (d/m/y) 2007, c. 10, Sched. B, s. 14 (5) - 04/06/2007

• 18.
• 18

  18 Omitted (provides for coming into force of provisions of this Act). 1991, c. 32, s. 18.

• 19.
• 19

  19 Omitted (enacts short title of this Act). 1991, c. 32, s. 19. _______________