Alberta Record

· Order in Council / Health Professions Restricted Activity Regulation · in-force

Health professions restricted activity regulation 2023 50

Enacts the Health Professions Restricted Activity Regulation, which defines the specific restricted activities that regulated members of various health professions in Alberta are authorized to perform.

High impactHealth system governanceInstitutional independenceCentralization of powerHealth-care bodiesThe public, directly

What changed

  • Proclaims sections 71, 72, 77, 81 to 92, 95(a)(i)-(iv) and (b), 96(c), 97, 98, 102(b), 121, and 123 of the Health Statutes Amendment Act, 2020 (No. 2) into force.
  • Section 95(a)(i) of the proclaimed Act repeals subsections 131(1)(a)(iii) to (vii) of the Health Professions Act.
  • Section 95(a)(ii) of the proclaimed Act repeals subsections 131(1)(c) to (h) of the Health Professions Act.
  • These legislative changes take effect on March 31, 2023.
  • The Health Professions Restricted Activity Regulation is made, defining the scope of practice for 27 distinct health professions in Alberta.
  • The regulation specifies which restricted activities each profession, such as acupuncturists, chiropractors, nurses, and pharmacists, is authorized to perform.
  • It outlines conditions under which certain restricted activities may be performed, including requirements for advanced education, specialty programs, or specific authorization.
  • The regulation mandates that regulated members perform restricted activities only if authorized, competent, and in accordance with established standards of practice.
  • A new regulation, the Medical Suitability Criteria Regulation, is created under the Human Tissue and Organ Donation Act.
  • The regulation specifies criteria for determining when a person's tissue is not medically suitable for transplantation, including age (81+), intravenous drug use (within 5 years), and specific diagnoses (e.g., HIV, hepatitis B/C, dementia).
  • The regulation specifies criteria for determining when a person's organs are not medically suitable for transplantation, including age (70+ without specific neurological criteria), lack of mechanical ventilatory support, infant gestation/weight, and specific diagnoses (e.g., active malignancy, West Nile virus).
  • It includes a provision allowing for deferral criteria established by a 'donation organization' to apply to both tissue and organs.
  • The regulation includes an expiry date of April 1, 2028, requiring review for ongoing relevancy and necessity.

Why it matters

  • The proclamation enacts legislative amendments affecting the statutory framework governing health professions in Alberta.
  • The repeal of specific subsections within the Health Professions Act alters existing provisions for health professional regulation.
  • The full implications of these changes require a detailed review of the Health Statutes Amendment Act, 2020 (No. 2) and the specific sections of the Health Professions Act that are repealed.
  • This regulation standardizes the legal scope of practice for numerous health professions, impacting how healthcare services are delivered across the province.
  • It clarifies the boundaries of professional practice, which can influence training requirements, professional development, and inter-professional collaboration.
  • The detailed definitions of restricted activities aim to enhance public safety by ensuring that complex procedures are performed by appropriately qualified professionals.
  • It provides a framework for professional colleges to establish and enforce competence standards for their members regarding specific procedures.
  • Standardizes the medical suitability assessment process for tissue and organ donation across Alberta, potentially reducing variability in decisions.
  • Provides explicit, publicly accessible criteria for medical professionals and the public regarding donation eligibility, enhancing transparency.
  • The inclusion of 'deferral criteria established by a donation organization' grants discretion to external bodies in determining suitability, alongside the provincially defined criteria.
  • The expiry clause mandates a future review, ensuring the criteria are re-evaluated for scientific and medical advancements or changes in policy.

Other governance concerns

  • Changes to professional regulatory frameworks
  • Scope of practice for health professionals
  • Professional regulatory oversight
  • Public access to regulated health services
  • The regulation introduces specific age cut-offs and medical conditions that preclude donation, which could be seen as limiting individual autonomy in donation decisions, though medically justified.
  • The reference to 'deferral criteria established by a donation organization' delegates some authority to non-governmental entities, whose specific criteria are not detailed in the OIC.

Primary sources (4)

Secondary sources (3)