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Consultation on LPN Regulation Amendments

Posted: November 29, 2024

Amendments to the Licensed Practical Nurses Regulation (LPN Regulation) are being proposed.

With the amendments, some LPNs who do not have the amount of recent practice experience normally required to renew or reinstate their registration may still be eligible to do so, subject to a period of supervised practice to confirm their competence.

Please review the proposed amendments here

Explanatory information about the proposed amendment is included below.

Do you wish to comment?

We welcome your questions and feedback. If you wish to provide comments on the proposed amendment, please contact the CLPNM by email on or before December 14, 2024. The consultation period will close on December 15, 2024.

Background

The current LPN Regulation states that, in order to renew or reinstate an LPN registration in Manitoba, the LPN must have “practised for a minimum of 1,000 hours in the four years immediately preceding the year for which renewal is sought” (Clause 26(1)(a)).

The practice hour requirement exists to ensure that LPNs maintain their competence by regularly engaging in the practice of their profession. LPNs who practise very infrequently may lose some of their nursing knowledge, skill and judgment over time.

What amendments to the LPN Regulation are being proposed?

Under the current regulation, if an applicant for renewal does not meet the practice hour requirement, the CLPNM Executive Director may renew the applicant’s registration “subject to terms and conditions for up to 60 days” (Subsection 18(2)). If an applicant for reinstatement does not meet the practice hour requirement, the applicant must “complete an assessment of prior learning and, if required by the board following the assessment, complete a course of instruction set by the board” (Section 27).

These two provisions provide some flexibility for LPNs who do not meet the practice hour requirement to stay in, or return to, practice. However, in the context of provincial nursing workforce priorities, the CLPNM has been asked to identify even more flexible options to keep nurses in practice while still providing for public protection.

The proposed amendment, if approved, will provide the CLPNM Executive Director the discretion to renew or reinstate the registration of an LPN who does not meet the practice hour requirement, subject to terms and conditions, for up to 180 days (6 months) instead of 60 days (2 months).  See more on the criteria that the Executive Director will consider when making the decision, below.

This will make it possible for the CLPNM to grant renewed registration to LPNs whose shortfall in practice hours is too large to be able to address in only 60 days. It will also make it possible for the CLPNM to grant reinstated registration to former LPNs with practice hour shortfalls, without requiring that all of them complete a prior learning assessment and refresher education.

If 1,000 hours of active practice every 4 years are needed to maintain competence, how will the public be protected from incompetent practice if LPNs can renew or reinstate without 1,000 hours?

The CLPNM will grant renewed or reinstated registrations subject to a requirement that the LPN be supervised in their practice. The requirement for supervision will ensure that there is a mechanism in place to protect the public. If the LPN’s practice is deemed satisfactory at the end of the 180 day (6 month) period, the supervision requirement will be lifted.

In addition, the CLPNM will offer the option to renew or reinstate, under supervision, only to LPNs/former LPNs if:

  • they have at least 500 hours of Canadian practical nursing practice in the past 5 years, and
  • they have held registration with the CLPNM at some point in the past, and
  • they were in good standing with the CLPNM at the time they last held registration, and
  • they have no unresolved matters with the CLPNM or another professional regulator, and
  • they meet all requirements for LPN registration, except for the practice hour requirement, and
  • the CLPNM is satisfied that they will practise safely while under supervision, based on a review of their registration and practice history.

Hasn’t the CLPNM already announced that it is applying more flexible practice hour criteria for renewal or reinstatement? How is this different?

The CLPNM has already begun using similar criteria when making decisions on renewal or reinstatement applications. See here for more information. The authority to be more flexible than permitted by 26(1)(a) of the LPN Regulation has been granted to the CLPNM through a series of Ministerial authorization letters. The Minister has the authority to authorize exceptions to registration criteria in the event of a public health emergency.

While granting exceptional authorization on the basis of a public health emergency may no longer be justified, a more flexible approach to assessing practice hours continues to be beneficial. The proposed amendments to the LPN Regulation will allow the CLPNM to continue offering the more flexible reinstatement and renewal options we have been offering under the Ministerial authorization letters.

Isn’t the LPN profession transitioning to The Regulated Health Professions Act (RHPA) soon? Why is the LPN Regulation being amended if it is soon going to be replaced by regulations under the RHPA.

We expect that regulations under the RHPA will embed the authority we require to be flexible when assessing practice hours. However, even if the RHPA regulations are finalized in the next few months, there will be a transition period before the RHPA regulations take effect. This means that it could still be several months before the RHPA regulations are in effect. The proposed amendments to the LPN Regulation will act as a stop-gap measure until the transition to the RHPA is complete.

Does this mean that there is no longer a minimum number of required practice hours?

No. It does not mean that.

Section 26(1)(a) of the Regulation is not being amended at this time, meaning that LPNs are still expected to practise at least 1,000 hours in every four year period.

The amendment introduces a more flexible range of options for those who do not meet this practice hour threshold.