Title: The Regulated Health Professions Act
1The Regulated Health Professions Act
2The RHPA the Health Professions Regulatory
Reform Initiative (HPRRI)
3- A brief presentation by
- Sharon Eadie, COTM Executive Director COTMs
representative to the MB Health HPRRI Working
Group - on behalf of
- Ann Booth, COTM Legislation Committee Chair
4What does the MB Government Want Change?
- The 2 stated purposes of the HPRRI are
- to develop a single, common statute to replace
multiple stand-alone health profession acts (e.g.
The Occupational Therapists Act, The Medical Act,
etc.), - to develop a common integrated regulatory
(organization and structure) framework.
5What is the Government trying to achieve ?
- Key objectives of the development of a new
regulatory framework are - to achieve improved public accountability and
public protection, and - to remove barriers to interdisciplinary practice
while continuing to include a strong commitment
to the principle of self-regulation.
6Why a Common Statute?
- Currently B.C., Alberta, Ontario have one piece
of health legislation for all / most regulated
health professions - Quebec has one piece of legislation for all /
most regulated professions - MB Health has reviewed the regulatory structure
in the first 3 provinces to create a made in MB
health statute
7What it will accomplish?
- The RHPA will create / confirm the 21 or so
colleges, as they currently exist - All other MB health profession statutes would be
replaced by the RHPA - It would create a process for the regulation of
not yet regulated health professions such as
Massage Therapy
8Developing the Regulated Health Professions Act
of MB
- During 2006 - 2008 the MB health colleges
contributed to the drafting of the Complaints
Discipline sections of the new Act - During 2007 2008 the colleges worked with MB
Health to create the proposed list of reserved
acts.
9Developing the RHPA of MB
- In December 2008 MB Health put out a consultation
document which included a draft Regulated Health
Professions Act - In January / February 2009 MB Health initiated a
public consultation phase seeking input from - The public
- The regulatory colleges
- Other key partners
10Developing the RHPA of MB (contd)
- During this MB Health consultation phase COTM
conducted consultations with - COTM members
- Other Canadian OT regulatory colleges
- Canadian Institute of Health Information (CIHI)
- OT Leaders
- MSOT Private Practice Group
11Developing the RHPA of MB (contd)
- COTM provided MB Health with feedback based on
consultation, committee review and legal input
12Key Structural Changes
- The OT Act would be replaced by the Regulated
Health Professions Act - The current Occupational Therapy Regulation would
be expanded and revised to include some
provisions that will exist for all colleges
(Ministerial regulations) and some that are
unique to OT (Council regulations)
13What it would look like (contd)
- The recent passage of the OT Act means that it
already incorporates many features of modern
health professions legislation
14How would the RHPA OT Act be different?
- There will need to be more generic references
with broad enabling provisions - There will be some options in process presented
to accommodate the various sizes of the colleges
(the very small such as podiatry and the very
large such as nursing)
15How will the RHPA OT Act be different?
- There is a section related to the establishment
of professional corporations - There will be a list of reserved actions that
removes high risk activities from the public
domain
16What are reserved actions?
- As implied, reserved acts are acts which are high
risk if done by a person without established
skills - In some provinces known as reserved actions,
controlled acts, restricted acts, etc.
17Reserved acts (contd)
- It covers such items as spinal manipulation,
diagnosing, psychological intervention, - Each reserved act was precisely drafted by
government with input from regulators
18Reserved acts (contd)
- Each reserved act will be assigned to one or more
health professions via the legislation - Each assigned health profession will describe the
reserved act from that professions scope of
practice - Each health profession will determine which of
its registrants can perform the reserved act
19Why is this happening?
- Greater consistency in registration and
complaints investigation will assist colleges,
registrants, the public, and those that assist us
(our legal counsel) - Greater public protection interprofessional
collaboration with reserved acts - One piece of legislation is much easier to amend
than 20 or so individual statutes
20RHPA Implementation
- The Regulated Health Professions Act is now a law
as it was passed by the Legislature in June 2009 - http//web2.gov.mb.ca/laws/statutes/2009/c01509e.p
hp
21RHPA Implementation (contd)
- Will be implemented on a profession by profession
basis as each College works with MB Health to
have regulations drafted and approved - Will not affect a profession until its own
regulations are approved
22Reserved Acts
- Examples of a few of the 21 reserved acts
- 9. Administering a drug or vaccine by any
method. - 12. Setting or casting a fracture of a bone or a
dislocation of a joint.
23Reserved Acts (contd)
- 20. Performing a psycho-social intervention with
an expectation of modifying a substantial
disorder of thought, mood, perception,
orientation or memory that grossly impairs
judgment, behaviour, the capacity to recognize
reality, or the ability to meet the ordinary
demands of life.
24Reserved Act Consultation
- In the coming months COTM is learning more about
reserved acts from the other OT regulatory
colleges through a detailed survey - This information will assist COTM to begin its
member consultation on the reserved acts watch
for this in early 2010 - What we learn will assist COTM to
25Reserved Act Consultation (contd)
- Provide feedback to other MB colleges
- Lobby for those to assign to OT
- Describe the OT role in a reserved act
- Confirm which COTM members can perform the
reserved acts assigned to OT - Determine the required level of skill, training,
etc. for those to whom the reserved act is
assigned
26What is COTMs Role?
- As a regulated profession, OT has one seat at the
HPRRI table - COTM is represented by Sharon Eadie, COTM
Executive Director - Sharon also attends the meetings of MB regulators
who meet regularly, between meetings with MB
Health
27- Sharon acts as liaison with COTM Legislation
Committee - Sharon reports on HPRRI work to COTM Council as
well - COTM Council have developed a strategic direction
related to participation in this regulatory
reform process
28How can I be involved?
- As a member of COTM there will be the
opportunity to - join the COTM Legislation Committee
- participate in COTM consultations
- take part in public consultations held by MB
Health - At present you can view documents at
- http//www.gov.mb.ca/health/hprri/index.html