Nursing Act, 1991, S.O. 1991, c. 32

• Jurisdiction: Ontario

Nursing Act, 1991

S.O. 1991, CHAPTER 32

Consolidation Period: From July 24, 2023 to the e-Laws currency date.

Last amendment: 2023, c. 4, Sched. 2, s. 9.

Definitions

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.

Health 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).

Scope 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.

Authorized acts

4 In the course of engaging in the practice of nursing, a member, 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:

Note: On a day to be named by proclamation of the Lieutenant Governor, section 4 of the Act is amended by striking out “other than a member described in section 5.1” in the portion before paragraph 1 and substituting “who is a registered practical nurse”. (See: 2017, c. 8, Sched. 22, s. 1)

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 may seriously impair the individual’s judgement, insight, behaviour, communication or social functioning.

5. Dispensing a drug. 1991, c. 32, s. 4; 2009, c. 26, s. 18 (1, 2); 2007, c. 10, Sched. R, s. 16.

Section Amendments with date in force (d/m/y)

2007, c. 10, Sched. R, s. 16 - 30/12/2017

2009, c. 26, s. 18 (1) - 01/10/2011; 2009, c. 26, s. 18 (2) - 01/01/2014

2017, c. 8, Sched. 22, s. 1 - not in force

Note: On a day to be named by proclamation of the Lieutenant Governor, the Act is amended by adding the following section: (See: 2017, c. 8, Sched. 22, s. 2 (1))

Authorized 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 opening into the body.

5. Prescribing drugs designated in the regulations.

6. Dispensing a drug. 2017, c. 8, Sched. 22, s. 2 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 4.1 of the Act is amended by adding the following paragraph: (See: 2017, c. 8, Sched. 22, s. 2 (2))

7. 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 may seriously impair the individual’s judgement, insight, behaviour, communication or social functioning.

Section Amendments with date in force (d/m/y)

2017, c. 8, Sched. 22, s. 2 (1, 2) - not in force

Additional requirements for authorized acts

5 (1) A member shall not perform a procedure under the authority of section 4 unless,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection 5 (1) of the Act is amended by striking out “section 4” in the portion before clause (a) and substituting “section 4 or 4.1”. (See: 2017, c. 8, Sched. 22, s. 3)

(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.

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 - 11/02/1998

2017, c. 8, Sched. 22, s. 3 - not in force

Authorized 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...