Alberta Record

· Order in Council / Health Professions Restricted Activity Amendment · enacted

Health professions restricted activity amendment regulation 2025 405

Amends the Health Professions Restricted Activity Regulation to update professional register terminology, modify existing restricted activities for medical radiography and radiation treatment, and define new restricted activities for ultra…

High impactHealth system governanceCentralization of powerInstitutional independencePrivacy & surveillanceHealth-care bodiesThe public, directlyCourts

What changed

  • Section 18(17) of the Health Statutes Amendment Act, 2024 (No. 2) is proclaimed into force.
  • The effective date for the implementation of this specific section is December 18, 2025.
  • Sections 1(1), (2), (3)(a), (b), (d), (h) and (i), (4), (6), (7), (8)(a), (9), (13)(a) and (c), (14), (16)(a) and (c), (17)(a) and (c), (21)(a) and (c), (22)(a)(i), (iii), (iv) and (vii), (23)(c) and (f)(iii), 26(a)(i) and (b), (29) to (32), (33)(b)(i), (35) to (41), (43), (44)(a), (45) and (46) of the Health Statutes Amendment Act, 2025 (No. 2) are proclaimed into force on December 18, 2025.
  • Sections 1(18), (20), (22)(a)(vi) and (b), (23)(a), (b), (d), (e), (f)(i) and (ii), and (g) to (j), (24), (27), (28), (33)(a) and (b)(ii), (34), (42) and (44)(b) to (d) of the Health Statutes Amendment Act, 2025 (No. 2) are proclaimed into force on January 5, 2026.
  • The proclamation includes provisions related to Parts 2 and 4 of the Alberta Health Care Insurance Act, as specified in section 1(46) of the Health Statutes Amendment Act, 2025 (No. 2).
  • Amends the Physician Payment Disclosure Regulation (AR 162/2020).
  • Renames the regulation to include "AND COMPLIANCE" in its title.
  • Adds new sections 4.1 and 4.2 to the regulation.
  • Grants the Minister of Primary and Preventative Health Services authority to publicly disclose specific information about contraventions or failures to comply with Part 1, Division 1 of the Alberta Health Care Insurance Act or its regulations.
  • Disclosable information includes the person's name, particulars of the contravention, amounts charged in excess of benefits, names of recipients of such amounts, ministerial orders, and any other information the Minister deems appropriate.
  • Permits disclosure at any time after the contravention or failure comes to the Minister's attention.
  • Establishes a new Part 3.1, 'Administrative Penalties,' within the Alberta Health Care Insurance Regulation (AR 76/2006).
  • Introduces a tiered system for administrative penalties for contraventions of the Act or regulations, with amounts varying based on the nature and recurrence of the contravention.
  • Grants the Minister discretion to determine specific penalty amounts for non-practitioners, separate from the general tiered system.
  • Outlines procedures for serving notices of administrative penalties, setting payment deadlines, and applying interest and late payment penalties.
  • Authorizes the Minister to collect unpaid penalties by withholding benefits, registering a judgment with the Court of King's Bench, or through an agreement.
  • Creates an appeal process for administrative penalties, including a 15-day submission window, panel composition (1-3 members, Minister designates chair), and hearing formats determined by the chair.
  • Defines "insured hospital services" to include specific semi-private/private room accommodation for medical necessity, in-Alberta transportation, and goods/services under approved programs (Section 6).
  • Prescribes "non-insured hospital services," including out-of-province services without prior ministerial approval (with emergency exceptions), third-party examinations, and services from non-approved facilities (Section 7).
  • Establishes residency criteria for full-time students from outside Canada, requiring lawful admission, established Alberta residence, and intent to remain for 12 or more consecutive months (Section 2).
  • Grants the sector Minister discretion to extend periods of temporary absence from Alberta for residency purposes under specific conditions (Section 3).
  • Outlines authorized charges for in-patients, including newborns retained for adoption, patients requesting enhanced accommodation, and those deemed no longer in need of hospital services (Section 8).
  • Mandates hospital operators to provide patient information to the Minister for registration under the Health Insurance Premiums Act if a resident is not already registered (Section 4).
  • The Alberta Health Care Insurance Act is re-partitioned into Part 1 for insured health services and Part 2 for insured hospital services.
  • Seventeen existing regulations are amended to update references to the re-partitioned Alberta Health Care Insurance Act and distinguish between 'insured health services' and 'insured hospital services'.
  • Ministerial authority for reciprocal payments is clarified: 'the Minister' is authorized for insured health services, and a 'sector Minister' for insured hospital services.
  • The Mental Health Regulation (AR 19/2004) is updated to reflect new legislative references for hospital services, including the Insured Hospital Services Regulation and the Provincial Health Agencies Act.
  • Replaces "temporary register" with "provisional register" across several sections of the Health Professions Restricted Activity Regulation.
  • Modifies the scope of restricted activities for medical radiography professionals related to inserting or removing instruments for diagnostic examinations.
  • Modifies the scope of restricted activities for radiation treatment professionals related to inserting or removing instruments for treatment purposes.
  • Establishes specific restricted activities for regulated ultrasound technologists, including applying non-ionizing radiation for imaging and administering contrast agents.
  • Establishes specific restricted activities for regulated echocardiographers, including applying non-ionizing radiation for imaging and administering contrast agents.
  • Establishes specific restricted activities for regulated vascular technologists, including applying non-ionizing radiation for imaging and administering contrast agents.
  • The Hospitals Act Regulations Repeal Regulation is made under the authority of sections 43 and 60 of the Hospitals Act.
  • The Hospitalization Benefits Regulation (AR 244/90) is repealed.
  • The Hospitalization Benefits Amendment Regulation (AR 210/2025) is repealed.
  • The Hospitals Foundation Regulation (AR 27/2007) is repealed.
  • The repeal of the hospitalization benefits regulations is contingent on the coming into force of section 11(2) of the Health Statutes Amendment Act, 2025 (No. 2).
  • The repeal of the Hospitals Foundation Regulation is contingent on the coming into force of section 30(10) of the Health Statutes Amendment Act, 2025.
  • The Lieutenant Governor in Council makes the new Health and Hospital Foundations Regulation (AR 295/2025) under the Provincial Health Agencies Act.
  • The regulation establishes a detailed governance framework for health foundations and hospital foundations, including their corporate status, membership, and powers.
  • It mandates that the HSS Provincial Health Corporation establishes health foundations and appoints their initial members.
  • The HSS Provincial Health Corporation is granted authority to appoint one member to each health foundation and may terminate a member's appointment under specified conditions.
  • Health foundations are required to consult annually with the HSS Provincial Health Corporation regarding fundraising purposes and effects.
  • The regulation outlines requirements for establishing bylaws and health foundation bylaws, which must be consistent with the Provincial Health Agencies Act and this Regulation.
  • Public health investigators are authorized to issue violation tickets under the Provincial Offences Procedure Act for administering and enforcing the Public Health Act and its regulations.
  • The regulation specifies provisions of the Food Regulation (AR 31/2006) and sections 71 and 72 of the Public Health Act for which administrative penalties may be issued.
  • Administrative penalties for contraventions or failures to comply are capped at $10,000 per instance or $1,000 per day for continuing contraventions.
  • Public health investigators are granted authority to collect, use, and disclose health information (as defined in the Health Information Act) and personal information (as defined in the Protection of Privacy Act) in their duties.
  • Investigators and executive officers may disclose health and personal information to each other for the purpose of section 61.1 of the Public Health Act.

Why it matters

  • The proclamation of a section from a health statutes amendment act signifies an alteration to the legislative framework governing health services in Alberta.
  • The specific implications for health governance, administration, and service delivery will depend on the content of section 18(17), which is not detailed within this Order in Council.
  • The proclamation of these sections brings new legislative provisions concerning health statutes into legal effect across Alberta.
  • This action formalizes changes to the legal framework governing health services and administration, as outlined in the Health Statutes Amendment Act, 2025 (No. 2).
  • The staggered effective dates indicate a phased implementation of the legislative amendments.
  • Expands the Minister's authority to publicly release detailed compliance information.
  • Increases transparency regarding adherence to health care insurance rules.
  • May affect the professional standing and reputation of individuals identified in public disclosures.
  • Centralizes decisions regarding public disclosure of compliance matters with the Minister.
  • The broad discretion granted by the "any other information" clause allows for wide-ranging disclosure.
  • Expands the Minister's authority to enforce compliance with the Alberta Health Care Insurance Act through direct administrative penalties, introducing a new enforcement mechanism.
  • Introduces significant financial liabilities for individuals and entities found in contravention, potentially impacting health service providers and the public.
  • Centralizes aspects of the appeal process under ministerial oversight, as the Minister designates the appeal panel chair and prescribes appeal form and content.
  • Provides the Minister with broad discretion in setting payment terms, applying interest and penalties, and determining specific penalty amounts for non-practitioners.
  • Establishes a mechanism for the Minister to convert unpaid administrative penalties into court judgments, enhancing collection powers without requiring a separate court action for initial enforcement.
  • Clarifies the scope of publicly funded hospital services, distinguishing between insured and non-insured categories, which impacts patient financial responsibility.
  • Standardizes eligibility criteria for health care coverage by defining residency for specific populations like international students and those temporarily absent.
  • Expands the sector Minister's authority to grant extensions for residency during temporary absences, centralizing discretion over eligibility in certain cases.
  • Establishes specific conditions under which patients may incur authorized charges, including for non-medical accommodation upgrades or extended stays when medical necessity is no longer present.
  • Formalizes the process for hospital operators to share patient data with the Minister for health insurance registration, potentially streamlining administrative processes but also raising data privacy considerations.
  • The re-partitioning of the Alberta Health Care Insurance Act provides a clearer legislative distinction between health services and hospital services.
  • The explicit division of ministerial authority for reciprocal payments between 'the Minister' and a 'sector Minister' clarifies accountability for inter-provincial health care agreements.
  • The extensive consequential amendments across 17 regulations aim to ensure consistency and reduce ambiguity in the administration of Alberta's health care insurance framework.
  • Updates to the Mental Health Regulation integrate mental health service provisions more explicitly within the revised framework for insured hospital services.
  • Standardizes terminology for professional registration categories within the Health Professions Act.
  • Clarifies and adjusts the legal boundaries of practice for professionals in medical radiography and radiation treatment.
  • Expands the defined scope of practice for ultrasound, echocardiography, and vascular technologists, formalizing their ability to perform specific diagnostic and therapeutic procedures.
  • Aims to enhance clarity and consistency in the regulation of restricted activities across various health professions.
  • May impact the training requirements and professional responsibilities for these regulated members.
  • The repeal of the Hospitalization Benefits Regulation removes the existing regulatory framework governing hospitalization benefits in Alberta.
  • The repeal of the Hospitals Foundation Regulation eliminates the specific regulatory structure for a hospitals foundation, potentially altering how philanthropic support for hospitals is managed.
  • The contingent nature of these repeals indicates a broader legislative reform effort impacting health statutes and services.
  • This action centralizes decisions regarding hospitalization benefits and hospital foundations within the legislative process, rather than through existing regulations.
  • Centralizes the establishment and oversight of health and hospital foundations under the HSS Provincial Health Corporation.
  • Standardizes the governance, operational, and financial practices for these philanthropic organizations across the province.
  • Increases the HSS Provincial Health Corporation's influence over fundraising activities and the allocation of philanthropic resources for health services.
  • Reduces the autonomy of existing and newly established health and hospital foundations by mandating specific governance structures and reporting requirements.
  • Shifts authority for member appointments and terminations for health foundations to the HSS Provincial Health Corporation.
  • Expands the enforcement tools available to public health investigators, allowing for direct issuance of violation tickets and administrative penalties for specified contraventions.
  • Centralizes decisions about enforcement by granting specific powers to investigators, potentially reducing reliance on other legal processes for certain infractions.
  • Increases the financial consequences for individuals and entities found in contravention of public health regulations, particularly those related to food safety.
  • Broadens the scope of information collection and sharing by public health investigators and executive officers, impacting privacy considerations for health and personal data.
  • Establishes a clear framework for the exercise of authority by public health investigators in specific areas, particularly concerning the Food Regulation.

Rights affected

  • Privacy — Control over personal information held by governments and institutions.
  • Access to information — The ability to see public records and government decisions.
  • Due process — Fair procedure before rights are restricted by the state.

Other governance concerns

  • Specific impact on rights and governance is unknown without the full text of the proclaimed section of the Act.
  • Ministerial discretion in public disclosure of personal and professional information.
  • Potential for reputational harm to individuals.
  • Scope of "any other information" clause.
  • Timing of disclosure relative to due process or final findings.
  • Ministerial discretion in determining penalty amounts for non-practitioners.
  • Ministerial control over the composition and procedural aspects of the administrative appeal panel.
  • Short 15-day window for submitting an appeal notice.
  • Ability to convert administrative penalties directly into Court of King's Bench judgments.
  • Potential for withholding health benefits to collect unpaid administrative penalties.
  • Ministerial discretion in residency extensions.
  • Data sharing requirements for health insurance registration.
  • Patient financial responsibility for non-insured services.
  • Clarity of ministerial accountability for specific categories of health services.
  • Consistency in the application of health care insurance regulations across various service areas.
  • Scope of practice for regulated health professionals
  • Professional regulation and standards
  • Patient safety related to diagnostic and therapeutic procedures
  • Clarity of future hospitalization benefits provisions.
  • Impact on the structure and operation of hospital foundations.
  • Potential for reduced transparency if details previously in regulations are moved to less accessible policy documents or ministerial discretion.
  • Reduced autonomy and discretion for health and hospital foundations.
  • Increased oversight and control by a provincial health corporation over philanthropic entities.
  • Potential impact on local fundraising initiatives and donor relationships due to centralized governance.
  • Centralized decision-making regarding the purposes and operations of health and hospital foundations.
  • Increased scope for administrative penalties and fines.
  • Expanded authority for public health investigators to collect and share personal and health information.
  • Potential for reduced judicial oversight for certain infractions due to administrative penalty mechanisms.
  • Impact on individuals' privacy rights concerning health and personal data.

Primary sources (10)