Sunset Criteria Review

1. Sunset Criteria Review Presentation by: Rob Alder, Chair of HPRAC Health Professions Regulatory Advisory Council to the 2003 CLEAR Conference in Toronto, ON September 12, 2003

2. Disclaimer • The enclosed material represents the views of HPRAC and is not endorsed by the Ministry of Health and Long-Term Care • The Criteria Review is an internal project developed by HPRAC to update its policy documents • There have been no referrals made to HPRAC on this issue

3. What does the RHPA say about de-regulation? • The RHPA offers the potential to consider de-regulation • HPRAC’s mandate is clear under Section 11(1)(b) of the RHPA: • The Advisory Council’s duties are to advise the Minister on whether regulated professions should no longer be regulated. • Section 15 (2) of the RHPA: • The Advisory Council shall conduct its proceedings in the manner it considers appropriate.

4. Sunset Criteria • There are no criteria established under the RHPA for considering the de-regulation of a health profession • Which factors should be considered in a sunset review? • Are de-regulation criteria simply the reverse of the criteria for regulation?

5. Sunset Criteria • HPRAC reviewed the process and criteria used in other jurisdictions when conducting sunset reviews • Sunset reviews are important evaluations in providing indicators for system efficiencies • Most sunset reviews have led to administrative changes to regulatory agencies • De-regulation does not necessarily mean noregulation

6. Pew Health Professions Commission • Recommended comprehensive sunset provisions be adopted by each state to ensure that regulatory bodies were “operating in an effective and efficient manner” • The Taskforce recommended the following criteria be considered in sunset reviews

7. Pew Commission Recommendations • The regulatory program provides accurate, timely and comprehensive information to the public about the qualifications and practice history of the licensed professional • The regulatory program encourages public participation in its policy development • The regulatory body performs its operations, programs and statutory duties efficiently, effectively and expeditiously

8. Pew Commission Recommendations • The regulatory body protects consumers against incompetent, negligent, fraudulent or other illegal acts by licensed professional or unlicensed persons posing as professionals • Continued regulation by the regulatory body is necessary and, if so, whether it should be changed • The education, experience and testing requirements to ensure minimum competence, or whether they place undue burdens on those who want to enter the profession from within or outside the state

9. Pew Commission Recommendations • The practice authority of the regulated profession helps or hinders access to care • The regulations have any deleterious economic impacts on practitioners, the public and the state’s business

10. Sunset Criteria Review - Key Questions from the HPRAC Discussion Paper • Are sunset reviews merely considerations of whether a profession is regulated or not? If sunset reviews are more, then what types of alternatives should be considered (eg. regulatory effectiveness improvements, College mergers, etc.)? • What criteria ought to be considered during a sunset review? • Should a sunset review consider evidence of a profession’s effectiveness? If so, should effectiveness of treatment modalities outweigh other factors relating to a profession’s effectiveness?

11. Key Questions • Given the economic costs associated with regulation, what economic factors should be considered during a sunset review? • What criteria and/or process would ensure that a sunset review is transparent, consistent with, and protective of, the public interest?

12. Next Steps • Submissions in response to HPRAC’s Discussion Paper will be received until November 28, 2003 • HPRAC will review and analyze the submissions and revise its internal policy documents based on the input received from stakeholders