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Bylaw 5: Communication to the public

5.1. Website

5.1.1. The type of information that may be published on the College’s website in addition to the information in Section 135.92 (2) of the Act is as follows:

5.1.1.1. general information about the College and its activities;

5.1.1.2. general information about the nursing profession, general information on nursing practice, general information about the regulatory processes under the Act including applying for registration, applying for practice permits, the professional conduct process including complaints and concerns, continuing competence and other matters covered by the Act;

5.1.1.3. find a nurse function which includes the following information about regulated and former registrants’ registration and practice permits, history, status, numbers, conditions and any other authorizations, certifications, restrictions and/or limitations;

5.1.1.4. employer verification of the status of a registrant;

5.1.1.5. publications and reports;

5.1.1.6. resources and services offered by the College;

5.1.1.7. learning opportunities;

5.1.1.8. careers at the College;

5.1.1.9. information requests, registrant requests;

5.1.1.10. a College website portal for registrants;

5.1.1.11. information on how to contact the College;

5.1.1.12. Hearing Tribunal decisions including the name of the investigated person;

5.1.1.13. decisions of the Appeals Committee arising from appeals from a Hearing Tribunal; and

5.1.1.14. information referenced in Section 119(1) of the Act.

5.2. Notices

In the event a notice or document that is required to be served under Part 4 of the Act cannot be served by personal service to that person or by certified or registered mail at that person’s address last shown on the Register or record of the Registrar, service will be sufficient if notification to contact the College immediately with a brief reason is published at least twice, not more than a week apart, in a local newspaper circulating at or near the address last shown for that person in the records of the College.

5.3. Publication of Conduct Information

5.3.1. Subject to Section 135.93 of the Act and subject to the Registrar’s, or delegate’s, discretion under article 5.3.5 below, to redact personal information, decisions of Hearing Tribunals and panels of Council in which there is a finding of unprofessional conduct will be published and will include the investigated person’s name.

5.3.2. The method of publication will be determined by the Registrar, or delegate, and may include publication on the College’s website.

5.3.3. Publication of the decisions of Hearing Tribunals and panels of Council may include a summary of the decision or the full decision or both.

5.3.4. If a decision of a Hearing Tribunal or panel of Council is under appeal, the Registrar, or delegate, has the discretion to either withhold publishing until all appeals are completed or, alternatively, to publish the decision but add a notation that the decision is under appeal. If a decision of a Council panel is appealed to the Court of Appeal, then a note on the outcome of the appeal will be included with the publication of the Hearing Tribunal and panel of Council decision.

5.3.5. The Registrar, or delegate, may direct that personal information be redacted from the decisions of Hearing Tribunal and panels of Council. In considering what personal information will be redacted from the decisions, the Registrar, or delegate, will consider:

5.3.5.1. the privacy interests of the individuals whose personal or health information may be disclosed;

5.3.5.2. the public interest in ensuring that the College’s conduct process is open and transparent;

5.3.5.3. the need to educate the public and the College’s registrants about the issues addressed in the decisions;

5.3.5.4. any other matters that are considered by the Registrar, or delegate, to be relevant

5.3.6. Subject to Section 135.92(3) of the Act, the Registrar, or delegate, may determine the length of time the decisions of Hearing Tribunals and panels of Council will be published.

5.3.7. Articles 5.3.1 and 5.3.5 above apply only to:

5.3.7.1. Decisions of Hearing Tribunals made after articles 5.3.1 and 5.3.6 above come into effect on or after November 15, 2019;

5.3.7.2. Decisions of panels of Councils with respect to appeals of decisions of Hearing Tribunals made after articles 5.3.1 and 5.3.6 above come into effect.

5.3.8. Decisions of panels of Councils with respect to appeals of decisions of Hearing Tribunals made after articles 5.3.1 and 5.3.6 above come into effect.

5.3.8.1. The information to be published may include the date, location, and time of the hearing or appeal; the name of the investigated person; and the allegations or a summary of the allegations.

5.3.8.2. The method of publication will be determined by the Registrar, or delegate, and may include publication on the College’s website.

5.3.8.3. The Registrar, or delegate, may direct that personal or health information be redacted from the summary of upcoming hearings and appeals taking into consideration the factors set out in article 5.3.5 above.

5.3.9. When the Alternative Complaint Resolution process results in a ratified settlement between the parties, the College may publish information respecting the complaint and the ratified settlement, and may reveal the identity of the complainant and/or the investigated person, if authorized to do so pursuant to the ratified settlement.

5.3.10. When a Complaint Resolution Agreement process results in a ratified settlement between the parties, the College may publish information respecting the complaint and the ratified settlement and may reveal the identity of the complainant and/or the investigated person, as per the College’s policy.

5.4. Disclosure of an Investigation Report

5.4.1. The investigation report may be released to the investigated person for the purposes of a hearing before a Hearing Tribunal.

5.4.2. The investigation report may be released to the investigated person for the purposes of a review by the Complaint Review Committee and a copy of the investigation report or a summary of the report may be released to the complainant for the purposes of a review by the Complaint Review Committee, at the Complaints Director’s, or delegate’s discretion.

5.4.3. The investigation report may be released to the investigated person for the purposes of negotiating a complaint resolution agreement.

5.4.4. The investigation report may be redacted in a manner considered appropriate by the Complaints Director, or delegate.

5.5. Access to Registrant Information

5.5.1. In accordance with the Act, a member of the public may request information on the register respecting a registrant. The College must make available the following information:

5.5.1.1. the full name of the registrant;

5.5.1.2. the registrant's registration number;

5.5.1.3. whether the registrant's registration is restricted to a period of time and, if so, the period of time;

5.5.1.4. any conditions on the registrant's practice permit;

5.5.1.5. the status of the registrant's practice permit, including whether it is suspended or cancelled;

5.5.1.6. the registrant's practice specialization recognized by the College;

5.5.1.7. whether the member is authorized to provide a restricted activity not normally provided by registrants of the College;

5.5.1.8. whether the member is not authorized to provide a restricted activity that is normally provided by registrants of the College;

5.5.1.9. whether the registrant has been directed to cease providing professional services by the Complaints Director.

5.6. Access to Personal Information

5.6.1. An employer or a governing body of a similar profession in Alberta or elsewhere may request information about the status of an individual’s application for registration with the College, and the College may provide the following information at its discretion:

5.6.1.1. whether the individual has commenced an application for registration;

5.6.1.2. the status of the individual’s application for registration, including whether the application is complete;

5.6.1.3. the approximate time frame within which the application is expected to be decided.

5.6.2.No other information recorded on any College register may be disclosed without the individual’s consent to the disclosure in writing, except where required or permitted by the Act, Regulations, or other legislation