Bill 46, Health Statutes Amendment Act, 2020 (No. 2), was introduced by Minister of Health Tyler Shandro on November 5, 2020. This bill introduced changes to the Health Professions Act (HPA) and provided for a number of amendments across more than two dozen pieces of existing legislation. Many of the changes were housekeeping changes – e.g., striking out Hospitals Act and substituting the name Health Facilities Act – while other changes are far more significant. Bill 46 came into force upon proclamation on December 9, 2020.
Highlights of Bill 46, the Health Statutes Amendment Act, 2020:
- Strengthening protection of patients by regulating healthcare aides
- Separating regulatory colleges from professional associations and allowing for the amalgamation of some smaller colleges
- Establishing a centralized, public-facing online registry of health professionals to help Albertans find a health provider
- Delivering better results for Albertans by allowing authorized health organizations and professionals to share health information in Alberta NetCare more efficiently and support better patient outcomes.
- Keeping legislation current and increasing penalties for unauthorized use of patient health information
- Repealing the outdated Hospitals Act and moving all applicable parts into the Health Facilities Act
- Changing the name of the ABC Benefits Corporation Act to the Alberta Blue Cross Act to reflect the familiar name of the organization
- Updating some administrative items under the Health Professions Act to support best practices and improve responsiveness.
SUMMARY
The Health Statutes Amendment Act outlines changes to several elements of the health care system for Albertans. In the 110-page Act, four significant portions of the Act focus on changes to health facilities legislation, the inclusion of healthcare aides as a regulated profession joining the College of Licensed Practical Nurses, changes to Electronic Health Record management and access, and the official creation of the College of Counseling Therapy of Alberta.
More pointedly for the health Colleges in Alberta, the Act, Part 4 is focused on the HPA and articulates changes on several points:
- Separation of joint Colleges and Associations (e.g., Alberta Dental Association & College; Alberta College and Association of Opticians): the legislation outlines a timeline for the separation to be achieved. After coming into force, plans for separation must be submitted to the Minister within 6-months, with completion of the separation within 18-months of the Act’s “in force” date.
- This separation provides additional clarity on the role of Colleges relative to operations related to association functions and College responsibilities with restrictions after separation on officers and employees of Colleges
- Amalgamation of Colleges: the legislation outlines clear steps for potential amalgamation. While not forcing that action, the legislation does clearly outline the path for Colleges to pursue such action.
- Online Registry: While the Government’s press release states, “Establishes a public-facing, centralized online registry where Albertans will be able to search for a health provider, rather than having to search multiple websites.”, the Act itself embeds this change in one line: HPA Section 122 (1) or providing information about regulated health professionals to the public.
- Movement of Continuing Competence Program oversight from the regulations to the Colleges’ Standards of Practice
- Movement of many aspects of the regulation (e.g., English language proficiency, good character) to the Colleges’ Bylaws
What does this mean for us?
The main points that we will have to consider, and action are:
- Luckily, we are in the midst of a Standards of Practice revision and can absorb the new legislated requirements within this project
- We will be required to undergo further Bylaw amendments. These will be drafted and brought to Council.
- We will establish a route by which our register information is transported to government for the central registry
- No senior executives, employees or officers of professional associations are permitted to sit on the Council, Registration or Competence Committee or Hearing Tribunals and Complaint Review Committees of a College. Some of our committee members sit on the DAA Board and so these conflicts will have to be resolved
