The Regulated Health Professions Act

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The Regulated Health Professions Act
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The RHPA the Health Professions Regulatory
Reform Initiative (HPRRI)

• 2009 AGM Member Forum

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• 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

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What 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.

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What 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.

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Why 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

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What 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

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Developing 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.

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Developing 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

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Developing 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

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Developing the RHPA of MB (contd)

• COTM provided MB Health with feedback based on
  consultation, committee review and legal input

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Key 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)

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What it would look like (contd)

• The recent passage of the OT Act means that it
  already incorporates many features of modern
  health professions legislation

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How 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)

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How 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

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What 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.

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Reserved acts (contd)

• It covers such items as spinal manipulation,
  diagnosing, psychological intervention,
• Each reserved act was precisely drafted by
  government with input from regulators

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Reserved 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

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Why 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

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RHPA 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

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RHPA 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

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Reserved 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.

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Reserved 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.

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Reserved 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

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Reserved 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

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What 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

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• 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

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How 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