November 28, 2022
On November 24 Bill 36 – 2022: Health Professions and Occupations Act received Royal Assent, which means the bill has completed the legislative process and is now an Act. BC Health Minister Adrian Dix introduced the bill in the Legislative Assembly on October 19. When it comes into effect, this new Act will substantively change the way health profession regulatory colleges fulfill their mandate to serve and protect British Columbians. It is now up to Cabinet to determine when this new Act will take effect and replace its predecessor, the Health Professions Act (HPA). Until Cabinet makes that decision, B.C. health regulatory colleges will continue to operate under the current HPA.
The Ministry of Health has also confirmed its intention to continue the amalgamation of health profession regulatory colleges from 15 colleges to six. Specifically, there will be:
- An amalgamation of the colleges for dietitians, occupational therapists, opticians, optometrists, physical therapists, psychologists, and speech and hearing professionals into one regulator; and
- An amalgamation of the colleges for chiropractors, massage therapists, naturopathic physicians, traditional Chinese medicine and acupuncturists into one regulator.
These changes have been made on the basis of the recommendations of the all Party Steering Committee on Modernization of Health Professional Regulation recommendations report, Recommendations to modernize the provincial health profession regulatory framework (2020). The Steering Committee relied significantly on Harry Cayton’s 2018 review of both the HPA and the former College of Dental Surgeons of BC.
The changes in the HPOA include:
- Streamlines the amalgamation process.
- A new oversight body to be funded by colleges and which will conduct routine audits of regulatory colleges, set standards for regulatory colleges on policy and practice, investigate regulatory colleges when necessary, and make recommendations to the minister on potential candidates for health professions or occupations to be regulated under the Act. The oversight body will also process and investigate complaints about regulatory colleges’ actions and policies, the Act and the respective regulations.
- The colleges will fund the Health Professions Review Board.
- The complaints and adjudication system will have a new discipline process that separates the investigation stage, which will remain with colleges, and the discipline stage, which will be supported by the oversight body. Information about all agreements made between colleges and registrants will be public.
- The colleges will fund counselling for victims of sexual abuse and sexual misconduct, and victims will be able to recover costs from registrants who cause harm.
- Regulated health professionals and regulated occupations under the Act will be required to embed anti-discrimination measures in the delivery of health-care services.
- Discrimination will be a form of professional misconduct or actionable conduct.
- No elected positions on college boards. All college board members will be appointed.
- New regulatory terms, for example “registration” to “license” and “registrants” to “licensees”.
The Government outlined the breadth of the changes in an October 19th press release.
CPBC is working together with other colleges through the BC Health Regulators (BCHR), which brings all health profession regulators in British Columbia together. On October 24, BCHR provided the Ministry with detailed feedback on technical issues in the new Act for their consideration. We anticipate further discussions with Ministry representatives to clarify and confirm important details about the work ahead and will share information with registrants as it becomes known.
The colleges to be amalgamated have also been meeting separately from BCHR and are currently seeking from Government further information about a timeline and required resources to complete the proposed amalgamations. Again, CPBC will share information on this process with registrants as it becomes available.