Consultation Overview
The Nova Scotia College of Nursing (NSCN) sought feedback on proposed by-law amendments and changes to our Sexual Misconduct Standard of Practice. All system partners were invited to provide feedback during a 30-day period in accordance with section 9(2) of the Nursing Act.
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 was required to align its Sexual Misconduct Standard of Practice with the minimum requirements.
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”.
Consultation Participation and Response
The request for feedback was shared on the NSCN website, through the newsletter and on social media. NSCN shared the proposed 2024 Sexual Misconduct Standard of Practice for Registrants, by-law amendments and information regarding the rationale for the changes, including the recently adopted minimum requirements mandated by the Regulated Health Professions General Regulations.
The feedback received was supportive of the proposed Standard or neutral. There were no concerns shared in the feedback.
Impact on the Project
Given the nature of the feedback, the NSCN Board adopted the by-law amendments and 2024 Sexual Misconduct Standard of Practice for Registrants.
Conclusion
The Sexual Misconduct Standard of Practice for Registrants can be found here, along with additional guidance and policy on the topic of sexual misconduct.
