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, defining specific restricted activities for regulated health professionals in Alberta, and creates the Medical Suitability Criteria Regulation under the Human Tissue and Organ Do

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, effective March 31, 2023.
  • Section 95(a)(i) and (ii) of the proclaimed Act repeal subsections 131(1)(a)(iii) to (vii) and 131(1)(c) to (h) of the Health Professions Act.
  • The Health Professions Restricted Activity Regulation defines the scope of practice and specifies authorized restricted activities for 27 health professions, outlining conditions for performance and mandating competence and adherence to standards.
  • The Medical Suitability Criteria Regulation is created under the Human Tissue and Organ Donation Act, specifying criteria for when a person's tissue or organs are not medically suitable for transplantation.
  • Criteria include age limits (e.g., 81+ for tissue, 70+ for organs), recent intravenous drug use, specific diagnoses (e.g., HIV, active malignancy), and infant gestation/weight.
  • The regulation allows for deferral criteria established by a 'donation organization' and includes an expiry date of April 1, 2028.

Why it matters

  • Standardizes the legal scope of practice for numerous health professions, impacting how healthcare services are delivered across the province.
  • Clarifies the boundaries of professional practice, which can influence training requirements, professional development, and inter-professional collaboration.
  • Aims to enhance public safety by ensuring complex procedures are performed by appropriately qualified professionals, providing a framework for colleges to enforce competence standards.
  • 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.
  • Grants discretion to external 'donation organizations' to establish additional deferral criteria, alongside provincially defined criteria, and mandates future review by April 1, 2028.

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)