Consultation Overview
The Nova Scotia College of Nursing (NSCN) is seeking feedback on proposed by-law amendments and changes to our Sexual Misconduct Standard of Practice. All system partners are invited to provide feedback during a 30-day period in accordance with section 9(2) of the Nursing Act.
Background
The Sexual Misconduct Standard of Practice sets out the legal and professional expectations of nurses irrespective of the nurse’s role or practice setting. NSCN adopted the Standard in June 2020.
In March 2024, the Nova Scotia Regulated Health Professions Network (the “Network)” was tasked by the Department of Health and Wellness to establish the minimum requirements for a standard on sexual abuse and sexual misconduct. The objective of the minimum requirements is to establish a consistent framework and uniform definitions concerning sexual misconduct amongst Nova Scotia’s regulated health professions.
The need for a consistent framework and uniform definitions concerning sexual misconduct is required under the Regulated Health Professions Act (RPHA) which was passed by the Nova Scotia Government in November 2023. The RHPA provides a common legislative foundation for all regulated health professions in Nova Scotia.
On November 8, 2024, the minimum requirements for sexual misconduct and sexual abuse standards were approved by the Network, which include:
- Uniform definitions of sexual misconduct (including sexual abuse) and client;
- The prohibition of sexual misconduct;
- A mandatory duty to report sexual misconduct to regulators and employers, and to co-operate in regulatory proceedings related to sexual misconduct.
While NSCN continues to be governed by the Nursing Act until migration to the RHPA is complete (anticipated to be summer 2026), the Regulated Health Professions General Regulations require all health regulators (including those not yet migrated to the RHPA) to adopt the mandatory standard of practice for sexual misconduct and sexual abuse. As a result, NSCN is required to align its Sexual Misconduct Standard of Practice with the minimum requirements. NSCN is inviting feedback on the changes to our current Sexual Misconduct Standard of Practice, as well as feedback on the corresponding by-law amendment. While NSCN must make the changes in order to comply with the Regulated Health Professions General Regulations, your feedback will be shared with the NSCN Board for its information.
Proposed Changes to Sexual Misconduct Standard of Practice
The revisions in NSCN’s Sexual Misconduct Standard of Practice have been drafted to meet the minimum requirements for the standard on sexual abuse and sexual misconduct developed by the Network.
You can view the proposed draft Sexual Misconduct Standard of Practice here.
What is changing in the Sexual Misconduct Standard of Practice?
The changes include:
- Adoption of the uniform definitions. While some language differs, the definitions align substantively with the existing definitions in the Sexual Misconduct Standard of Practice.
- Inclusion of the requirement for the registrant to cooperate with any regulatory body or committee of a regulatory body’s regulatory processes related to sexual misconduct or abuse.
- Changes to align terminology with the language of the minimum requirements, such as changing from “nurse” to “registrant” and “nursing services” to “professional services”.
Proposed By-Law Amendments
NSCN proposes the following by-law amendment respecting the Sexual Misconduct Standard. Please note: changes made to the current by-law have been bolded.
26.4 The standards of practice for Licensed Practical Nurses are the 2020 Standards of Practice for Licenced Practical Nurses in Canada developed by the Canadian Council for Practical Nurse Regulators and the 2024 Sexual Misconduct Standard for Registrants developed by the Nova Scotia College of Nursing.
26.5 The standards of practice for Registered Nurses are the 2017 Standards of Practice for Registered Nurses developed by the College of Registered Nurses of Nova Scotia and the 2024 Sexual Misconduct Standard for Registrants developed by the Nova Scotia College of Nursing.
26.6 The standards of practice for Nurse Practitioners are the 2018 Nurse Practitioner Standards of Practice developed by the College of Registered Nurses of Nova Scotia and the 2024 Sexual Misconduct Standard for Registrants developed by the Nova Scotia College of Nursing.
Join the Conversation
Please provide any feedback by December 18, 2024, to NSCN by emailing Alison Bird at alison.bird@nscn.ca. Thank you in advance for your participation.
Next Steps
NSCN invites feedback from a range of systems partners about the proposed by-law amendment and changes made to our Sexual Misconduct Standard of Practice. Your input is valued and encouraged. Once the feedback period is closed, the Board will review the feedback summary for final approval.
Questions?
If you have questions, please contact practice@nscn.ca.
