C-26, r. 149.1 - Regulation respecting the professional activities that may be engaged in by persons other than nursing assistants

Updated to 12 December 2023

This document has official status.

chapter C-26, r. 149.1

Regulation respecting the professional activities that may be engaged in by persons other than nursing assistants

Professional Code

(chapter C-26, s. 94, par. h).

DIVISION I GENERAL

1. The purpose of this Regulation is to determine, among the professional activities that may be engaged in by nursing assistants, those that may be engaged in by the following persons:

(1)  a student in health, assistance and nursing, namely, a person registered in a program of studies leading to a diploma determined by regulation of the Government made under the first paragraph of section 184 of the Professional Code (chapter C-26) and giving access to the permit of the Ordre des infirmières et infirmiers auxiliaires du Québec;

(2)  a person eligible by equivalence, namely, a person registered in a program of studies or a period of additional training required for the purpose of obtaining equivalent training;

(3)  a candidate for the profession of nursing assistant, namely, a person who successfully completed the program of studies leading to a diploma giving access to the permit of the Order or for whom the Order has recognized an equivalence of a diploma or training for the purposes of issuing such permit.

For the purposes of this Regulation, a care unit means a care unit that is not extended over several sites.

O.C. 1072-2015, s. 1.

2. Any person performing professional activities under this Regulation must perform them in compliance with the ethical obligations applicable to nursing assistants.

O.C. 1072-2015, s. 2.

DIVISION II HEALTH, ASSISTANCE AND NURSING STUDENT

3. A health, assistance and nursing student may carry out the professional activities that nursing assistants may perform that are required to complete the program of study in which the student is registered when the following conditions have been met:

(1)  the student performs them as part of the program of study;

(2)  the student performs them under the supervision of a nursing assistant who supervises the training period and who is present in the care unit concerned in order to rapidly intervene.

O.C. 1072-2015, s. 3.

4. The nursing assistant student must record his or her interventions in the patient’s record with his or her signature, followed by “student asst. nurs.” and his or her name in block letters.

O.C. 1072-2015, s. 4.

DIVISION III PERSON ELIGIBLE BY EQUIVALENCE

5. A person eligible by equivalence may carry out the professional activities that nursing assistants may perform that are required to complete the program of studies or the additional training required for the purpose of obtaining equivalence training when the following conditions have been met:

(1)  the student performs them as part of the program of studies or additional training;

(2)  the student performs them under the supervision of a nursing assistant who is present in the care unit concerned in order to rapidly intervene.

O.C. 1072-2015, s. 5.

6. A person eligible by equivalence must record his or her interventions in the patient’s record with his or her signature, followed by “p.el.eq., asst. nurs.” and his or her name in block letters.

O.C. 1072-2015, s. 6.

DIVISION IV CANDIDATE FOR THE PROFESSION OF NURSING ASSISTANT

7. A candidate for the profession of nursing assistant may carry out all the professional activities that nursing assistants may perform.

O.C. 1072-2015, s. 7.

8. To perform the professional activities, the candidate for the profession of nursing assistant must comply with the following conditions:

(1)  the candidate must hold an attestation, issued by the Order, that:

(a)  the candidate successfully completed the program of studies leading to a diploma giving access to the permit of the Order or have obtained recognition by the Order of a diploma or training equivalence for the purposes of issuing a permit;

(b)  the candidate has informed the Order of the address of his or her main residence and the contact information of his or her employer;

(2)  the candidate must perform these activities in a centre operated by a public institution or a private institution under agreement within the meaning of the Act respecting health services and social services (chapter S-4.2) or the Act respecting health services and social services for Cree Native persons (chapter S-5) that provides an integration program making it possible for the candidate to become familiar with the institution’s policies and directives, to consolidate the knowledge and skills necessary to carry out these activities and to demonstrate his or her ability to perform them;

(3)  the candidate must have successfully completed the integration program referred to in subparagraph 2;

(4)  the candidate must perform these activities under the supervision of a nurse or a nursing assistant who is present in the care unit concerned in order to intervene immediately or to respond rapidly to the candidate’s request.

O.C. 1072-2015, s. 8.

9. A candidate for the profession of nursing assistant must record his or her interventions in the patient’s record with his or her signature, followed by “CPAN” and his or her name in block letters.

O.C. 1072-2015, s. 9.

10. A candidate for the profession of nursing assistant is authorized to perform the professional activities until the first of the following occurs:

(1)  the candidate does not pass the professional examination by the time limit provided for in the Règlement sur les conditions et modalités de délivrance des permis de l’Ordre professionnel des infirmières et infirmiers auxiliaires du Québec (chapter C-26, r. 156);

(2)  the candidate fails the professional examination 3 times;

(3)  more than 30 days elapse after the date on which the permit of the Order is issued;

(4)  more than 4 years elapse after the first professional examination session to which the candidate was called in accordance with the Règlement sur les conditions et modalités de délivrance des permis de l’Ordre professionnel des infirmières et infirmiers auxiliaires du Québec.

O.C. 1072-2015, s. 10.

DIVISION V OTHER PERSON

11. A person who does not meet the conditions for the issue of a permit of the Order may continue to engage in the professional activities referred to in paragraph 5 of section 37.1 of the Professional Code (chapter C-26), if the person was engaging in those activities on 11 July 1980 and if the person meets the conditions of practice that applied to the person at that time.

O.C. 1072-2015, s. 11.

DIVISION VI FINAL

12. This Regulation replaces the Regulation respecting the professional activities that may be engaged in by persons other than nursing assistants (chapter C-26, r. 149).

O.C. 1072-2015, s. 12.

13. (Omitted).

O.C. 1072-2015, s. 13.

REFERENCES

O.C. 1072-2015, 2015 G.O. 2, 3274