Regulatory Colleges Update Waqas I. Yousafzai · Waqas I. Yousafzai Friday October 13, 2017...

Waqas I. Yousafzai

Friday October 13, 2017

Director, Government Relations and Governance

Vancouver, BC, Canada

Regulatory Colleges Update

BACKGROUND •  Dr. Fischer founded the Canadian Art Therapy Association

in 1977

•  Slowly maturing profession

•  Ongoing professionalization •  Increase in communications with members •  Increase in policies and procedures •  Established portfolios and organizational structure

Governance and Government Relations / Waqas I. Yousafzai / October 2017 / Vancouver, BC

CHALLENGES

•  Limited ‘art therapy’ exposure to broader public •  What is it? •  What are they trained in? •  How do they help? •  Is it scientific?

•  Confusion between art facilitators, artists, art therapists, psychologists, counsellors, etc.

TITLE PROTECTION

•  Titles are important in health care •  Reserved for professionals

•  who have attained the necessary education •  demonstrated the requirements to practice

•  Titles are a privilege, not a right •  Titles can be revoked through administrative procedures •  A regulated profession does not automatically offer title

protection for professionals

TITLE PROTECTION: WHY? •  Public should have confidence that anyone using a

protected title is a member of, and accountable to, a regulatory body.

•  Seeing a protected title means professionals à who are qualified to offer and provide services à have met the standards needed to practise safely,

ethically and competently. à Review mechanism exists for complaints à Code of ethics to abide by

INSURANCE COVERAGE

•  Insurance coverage is offered by government bodies (federal and provincial) and private companies

•  Regulating a profession does NOT mean it gets access to government or private insurance

•  Liability insurance for professionals is different from insurance coverage for clients to get services from practicing art therapists

BACKGROUND •  Many titles with very few clear definitions

•  counselling therapist •  Psychotherapist •  mental health therapist •  clinical counsellor •  spritual counsellor •  Marriage therapist

•  career counsellor •  conseiller/conseillère

d’orientation •  vocational guidance counsellor •  family therapist •  child and youth care counsellor

CURRENT SITUATION

•  Counselling/Psychotherapy is currently regulated in four provinces •  Quebec

•  Order of Counsellors of Quebec •  Nova Scotia

•  Nova Scotia College of Counselling Therapists •  Ontario

•  College of Registered Psychotherapists of Ontario •  New Brunswick

•  College of Counselling Therapists of New Brunswick

BACKGROUND

•  Canadian Art Therapy Association is working in a ‘federated’ model in five (5) jurisdictions

•  British Columbia •  Alberta •  Manitoba •  Saskatchewan •  Newfoundland and Labrador

FEDERATED MODEL •  CATA-ACAT is ~620 members nationally

•  Not enough practicing members to regulate

•  Power in numbers

•  Model allows similar professions to come together

•  Membership of federation is different in each jurisdiction

FEDERATED MODEL

•  Model is named ‘The Federation of Associations for Counselling Therapists’ (FACT)

•  One exists in each of the five jurisdictions work is underway •  FACT – AB [http://www.fact-alberta.org/] •  FACT – BC [http://www.factbc.org/] •  FACT – SK [http://www.fact-sk.org/] •  FACT – MB [http://www.fact-mb.org/] •  FACT – NL [http://www.fact-nl.org/]

FEDERATED MODEL

•  Committees common across jurisdictions are: •  Steering •  By-laws •  Registration •  Application •  Competency / Standards of Practice •  Code of Ethics •  Staffing committee

CATA-ACAT’S HUB-SPOKE MODEL

•  CATA-ACAT is involved with leads in each jurisdiction who work within the federation model

•  Work is ongoing and the provincial lead connects with me as needed

•  Decisions in a federation are by consensus (and direct vote)

CATA-ACAT’S HUB-SPOKE MODEL

•  Each association in each jurisdiction gets one vote •  The full Board of Directors of each member association has to

vote on their position within the Federation

•  Federations are at different places in the process within their jurisdictions

ASSOCIATION VS REGULATORY BODY

•  Association represents the members and profession

•  Questions •  How do we make things better for art therapists? •  How do we provide better insurance coverage?

•  Regulatory body represents the public interest

•  Questions •  Who gets to practice as an art therapist and what

qualifications do they need? •  How can we revoke licenses for those engaging in

‘wrong’/’unethical’ practices

PUBLIC SAFETY

•  Health is a Provincial matter

•  Professions are delegated the power to regulate by Government

•  Government cares about public interest, safety, and security

•  Examples include: •  Engineers •  Doctors •  Lawyers •  Psychologists

•  Associations sometime get to regulate and sometimes only represent the profession

ROLE OF ASSOCIATION

•  Association represent the profession and professionals, they focus on advancing the interests of the profession and its members

•  Associations are key stakeholders of government and regularly take part in consultations

Questions?

Jurisdictional Scan

Ø March 2014, the BC Task Group was replaced by the new FACT-BC.

Ø Constitution, By-laws and set of core principles for FACT-BC approved.

Ø Discussions are occurring at senior levels within the BC Government

Governance and Government Relations / Waqas I. Yousafzai / October 2017 / Vancouver, BC Some content provided by Canadian Counselling and Psychotherapy Association (CCPA)

Ø  FACT-BC updated the 2006 competency profile and has completed a survey to validate the updated 2016 profile.

Ø  FACT-BC continues its lobbying efforts and has commenced

work on draft regulations and by-laws that will be submitted to the first Board of the Council.

Ø August 2015, meeting held with the Ministry of Health.

Ø Government supportive of the regulation of counselling.

Ø  January 2016, meeting held to explore the idea of forming an Alliance.

Ø  11 organizations formed FACT-ALBERTA.

Ø CATA-ACAT is a founding member

Ø  First application to government submitted in September 2016

Ø Meeting with Ministry of Health in April 2017 was positive.

Ø Updated Application submitted in July 2017 with regulation work book, code of ethics, and other cross-jurisdictional analysis.

Ø Preliminary work done on file in 2014

Ø  January 2016, meeting held of associations interested in regulation.

Ø  FACT-SK was formed with 11 organizations

Ø CATA-ACAT is a founding member

Ø A draft application to government submitted to the Steering Committee.

Ø Work ongoing to develop application to government

Ø Began as the Manitoba Mental Health Coalition (MMHC) prior to 2012.

Ø Name changed to the Manitoba Coalition of Associated Counselling Therapists (MCACT) in 2014

Ø September 2016, FACT-MB created to be more in line with what other jurisdictions with 8 member associations

Ø CATA-ACAT is a founding member of FACT-MB

Ø  FACT-MB completed a copy of MOU for those joining it

Ø Draft application to government is being reviewed by the Steering Committee.

Ø Risk of Harm Survey will be undertaken shortly

Ø April 2015, proclamation occurred

Ø March 2016, grandparenting window ended

Ø  The Regulated Health Professions Act, 1991 restricts the controlled act component of psychotherapy to certain professions

Ø  The Controlled Act has not been proclaimed. Six Colleges affected by the Controlled Act have developed a set of guidelines to assist in the interpretation of the Controlled Act.

Ø Of the 14 controlled acts, physicians are authorized to perform 13 and may, in some circumstances, delegate the performance of those acts to other individuals who may or may not be members of a regulated health profession.

Ø  6,000+ practitioners established accounts with the CRPO.

Ø  3,800+ practitioners granted Reg. Psychotherapist status. Ø  3 sittings of the registration exam have occurred since

establishment.

Ø Bill 21 By-laws were approved on December 6, 2012.

Ø  In order to obtain a Psychotherapy Permit, applicants must first belong to one of the five related orders/colleges and then follow the guidelines of their order/college to apply to the Order/College of Psychologists for a permit.

Ø  If applicant can not join one of the Orders/Colleges they had the opportunity to be grandfathered if they fulfilled the grandparenting requirements.

Ø  The Grandparenting window is closed (ended June 21, 2014).

Ø Regulation is now in enforced.

Ø  Two more Orders have been added to the list of professionals eligible to obtain the psychotherapist permit since: •  Sexologist •  Criminologist

Ø  The six orders eligible for the psychotherapy permit have completed a guide to distinguish activities that fall under psychotherapy and those that do not.

Ø Commission des normes de l'équité, de la santé et de la sécurité au travail (Eng: Workers’ Compensation Board) has recognized the psychotherapist permit holders and practitioners as eligible for third party billing.

Ø A private member’s Bill was developed and translated.

Ø March 2014, the Federation engaged legal counsel.

Ø March 2017, first reading of the legislation occurred in.

Ø April 2017, Bill passed first Committee reading.

Ø May 2017, Bill passed 2nd and 3rd readings

Ø May 2017, Royal Assent granted to Bill 64

Ø June 2017, Bill 64 - Licensed Counselling Therapy Act establishes college

Ø October 2017, Mandatory ethics workshop held for all members

http://cctnb.ca/

Some content provided by Canadian Counselling and Psychotherapy Association (CCPA)

Ø  The College in NS embraces an interprofessional collaborative approach to professional development.

Ø  Activities of college: §  regulation of Counselling Therapists §  protection of public §  promotion of understanding of the profession §  professional development in ethics and supervision.

Ø The work will later include presentations to insurance providers and employers to explain the significance of the College and its members.

Ø Registrar is only paid employee, other positions are volunteer.

Ø ~250+ members ; Fees: $324 for Candidates (RCT-C) and $430 for Registered Members (RCT) per annum.

Ø August 2012, PEI Department of Health and Wellness circulated draft umbrella Bill 42 for health professions - Regulated Health Professions Act (RHPA)

Ø December 2013, Ministry of Health indicated that the RHPA was in effect

Ø  Legislation includes criteria for regulation, a formal application and assessment process for requests for regulation.

Ø Unregulated health professions can apply to become regulated.

Ø PEI Counselling Association applied and is currently busy responding to Ministry’s inquiries. Last submission made in Fall of 2016

Ø PEICA focuses on Counselling Psychology and Social Workers

Ø  February 2017, Steering committee met with Health and Wellness Deputy Minister

Ø March 2017, Letter of intent and application sent to Minister responsible to pursue title protection and be a regulated profession.

Ø  ~2 years before work can begin on PEICA file because 11 other professions ahead.

Ø Work was begun to regulate counsellors in NL (Provincial Regulation of Counselling Committee (PRCC), with ongoing meetings.

Ø  Lobbying and raising awareness ongoing and FACT-NL formed in 2016.

Ø Draft application to government developed and under review

Ø May 2017, Meeting with NL Minister of Health was positive

Ø  Face-to-face meeting to update the application upcoming.

GET INVOLVED

We are looking for leads and alternates who reside in: •  Alberta, •  British Columbia, •  Saskatchewan, •  Manitoba, and •  Newfoundland and Labrador

Contact me to get involved!

Questions?

Advocacy Efforts

Credit: Scott MacDonald (BC) Governance and Government Relations / Waqas I. Yousafzai / October 2017 / Vancouver, BC

Credit: Dianne Shannon (SK) Governance and Government Relations / Waqas I. Yousafzai / October 2017 / Vancouver, BC

•  In 2016, we collectively undertook a large-scale national campaign to get art therapy services exempted from GST/HST

•  We wrote letters to MPs and the Minister of Finance to make art therapy tax exempt.

•  Currently the following are exempted: •  Psychological counseling, •  occupational therapy, •  acupuncture, social work, and •  naturopathic services

GST/HST

GST/HST •  Response from Minister of Finance received in February 2017.

•  Exemptions are designed to make auxiliary health services more accessible and affordable.

•  Art therapy does not meet the current criteria

GST/HST

•  Exemptions can be granted only granted when:

•  If the service is covered by the public health insurance program in a given province or territory, it is exempt in that province or territory

•  If the service is covered by the public health insurance program of two or more provinces or territories, it is exempt in all provinces and territories

•  If the profession is regulated as a health profession by at least five

provinces or territories, the services of that profession are exempt in all provinces and territory

ADVOCACY BROCHURES AND POST CARDS

•  Art Therapy Brochure (General) •  Art Therapy and Trauma •  Art Therapy and Hospitals •  Art Therapy and Seniors •  Art Therapy and Health Centres •  Art Therapy and Children

Credit: Sandra Hewitt-Parsons (NL); Patricia Ki (Ont)

Questions?

Regulatory Colleges Update Waqas I. Yousafzai · Waqas I. Yousafzai Friday October 13, 2017...

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