Nursing candidate who failed Quebec's licensing exam 3 times seeks class action

A nursing candidate who failed Quebec's controversial licensing exam three times in the past two years has filed an application for a class-action lawsuit against the province's nursing regulatory body, saying it has failed in its obligation to facilitate access to the profession by administering an "unfair, subjective and inefficient" exam.

Jason Aurélien, 24, is seeking authorization to launch the suit against the Quebec Order of Nurses (OIIQ) on behalf of all nursing students who failed the exam at least once between January 2021 and September 2023, the exact number of which is unknown at this time, the application reads. 

"The exam is designed in such a way that the majority of people who take it can't pass it," said Aurélien's lawyer, Fernando Belton.

The exam, offered by the Ordre des infirmières et infirmiers du Québec (OIIQ), came under intense scrutiny last fall for its high failure rate.

An investigation by Quebec's commissioner of professions concluded the exam was flawed, saying there were major problems with it last September, notably issues with its validity and reliability. 

André Gariépy called for immediate changes to the exam and an investigation into the training of nursing students. He also said that the passing grade had been raised without justification, which failed more than 500 nursing students who would have passed under the previous mark.

According to the proposed lawsuit, Aurélien is seeking $30,000 in damages from the nurses' order — $7,500 in non-pecuniary damages for harm related to the compulsory licensing exam and $22,500 for his financial losses. 

The class-action lawsuit has not been authorized by a judge. 

Situation for many students, lawyer says

Aurélien currently works part time as a candidate for the practice of the nursing profession (CEPI), a status automatically gained once a nursing student receives their diploma. 

He's tried three times to get his nursing licence, each attempt costing $638.11.

He first took the exam in March 2022 and failed with a mark of 53 per cent — two percentage points lower than the passing grade.

He tried again in September of that year and scored 32 per cent. 

This spring, Aurélien failed for a third time with a mark of 50 per cent. 

"It's not because he didn't put in the effort, it's not because he doesn't understand the course material," Belton said.

This spring, just over half the nursing students (53.3 per cent) who took Quebec's exam for the first time passed, a success rate similar to that of last fall (51.4 per cent). 

Many nursing students have told CBC the exam did not reflect what they studied in school. 

According to the proposed suit, the damage Aurélien has faced from failing the OIIQ exam multiple times includes fear of not being able to obtain the title of nurse, doubts about his personal and professional abilities, reduced self-esteem, periods of depression and loss of income. 

The nursing candidate has considered abandoning the profession altogether on several occasions. 

"The damages are quite significant for him and I believe they represent what many other students in his situation are currently experiencing," Belton said. 

"We're talking about hundreds or even thousands of students who are affected."

OIIQ did not follow up on recommendations

Quebec's commissioner of professions released another report last week saying the OIIQ did not follow up on his recommendation to improve the exam. 

Gariépy deplored the fact that the OIIQ "has not given a tangible, valid and complete followup to the recommendations" provided in his previous report regarding the work and measures to be put in place to improve the exam.

"We are taking the necessary steps to ensure that the OIIQ follows up on the commissioner's five recommendations as quickly as possible," said Dominique Derome, president of Quebec's office of professions.

"Public confidence in the order and the professional system depends on it and requires swift action."

In response, the OIIQ said it will respond "as quickly as possible to the recommendations put forward by the commissioner."

"We are of the opinion that the project is immense and that there is no quick way out of the issues raised," a statement on its website reads. 

An independant specialist has been appointed to make sure those recommendations are implemented in order to ensure public trust. 

But the Fédération nationale des enseignantes et des enseignants du Québec (FNEEQ), which represents about 34,000 members working in CEGEPs, universities as well as private schools and colleges, wants more. 

"We're asking for the trusteeship of the order because we think that the confidence has been lost by the population," said Yves De Repentigny, vice-president of the FNEEQ. 

De Repentigny says the order is supposed to protect the population, but "it seems that it does the contrary" by not taking the proper steps to get more nurses into the health-care system, which is facing a staffing shortage. 

"The order has messed everything up," he said. 

Of the 4,094 candidates invited to take the most recent exam on Sept.18, a total of 949 opted to sit it out. This abstention rate of 23 per cent represents a slight increase from last spring.

Aurélien chose to take it for a fourth time and is anxiously waiting his results, which should be released next month.