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The Counselling Profession, Labour Mobility and Professional Regulation

The Counselling Profession, Labour Mobility and Professional Regulation. National Labour Mobility Symposium 2009 Labour Mobility Working Group of the Canadian Counselling Association HRSDC CCPA. Today’s Focus. The context of Labour Mobility in Canada Working Papers and Discussions:

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The Counselling Profession, Labour Mobility and Professional Regulation

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  1. The Counselling Profession, Labour Mobility and Professional Regulation National Labour Mobility Symposium 2009 Labour Mobility Working Group of the Canadian Counselling Association HRSDC CCPA

  2. Today’s Focus • The context of Labour Mobility in Canada • Working Papers and Discussions: • Codes of Ethics and Standards of Practice • Definitions and Scopes of Practice • Professional Regulation

  3. Tomorrow’s Focus • Summary of Today’s work • Panel Discussion: • The Importance of Harmonizing Competencies and Credentials • Timeline and Accountabilities • Communication Plans • Next Steps • Session Evaluation

  4. How will we Accomplish our Goals? • Mini-presentations • Focus questions • Small group discussions • Small group activities • Panel discussion • Large group Q and A • Sharing and Networking

  5. Goals for the Symposium All delegates will • have current and detailed information related to labour mobility and counsellor regulation in Canada and in their area of the country. • share information with provincial/territorial contacts affected by labour mobility and counsellor regulation • have a list of national contacts with whom to discuss further developments in labour mobility and counsellor regulation

  6. Timeline of Regulation of Counselling-related Professions

  7. Regulation Timeline QUEBEC Title Protection “Guidance Counsellor” Legislation (1963) PEI Legislation being pursued (2009) BRITISH COLUMBIA Preparations, consultations, competency profile development (1995 – present) ALBERTA Health Act Amended – no regulation of counselling (2008) NOVA SCOTIA Regulation pending (2009) PEI Consultations (2007) MANITOBA Health Act amended – no regulation of counselling (2009) NOVA SCOTIA Legislation (2008) 1963 1973 1995 2004 2009 2007 2008 QUEBEC Public Safety Ethics Legislation (1973) QUEBEC Shared competency profile (colleges, universities – for entry to practice and professional practice (2004) QUEBEC Reserved Title and Practice Protection Legislation: psychotherapy/reserved activities/mental heal evaluations (2009) ONTARIO Regulation (Bill 171) Transitional Council pending (2007) NEW BRUNSWICK Legislation discussions begin (1994) NEW BRUNSWICK Legislation discussions (2009)

  8. Competency Profiles for Counselling-related Professions

  9. ADDICTIONS SCHOOL SPECIALIZED COUNSELLING COMPETENCIES PASTORAL MARRIAGE & FAMILY CAREER ENTRY-TO-PRACTICE COUNSELLING COMPETENCIES GENERIC COUNSELLING COMPETENCIES REHABILITATION ART MUSIC PLAY

  10. Entry-to-Practice Competencies Entry-to-practice competencies for the counselling profession have been created and validated nationally. Entry-to-practice competencies are generic: designed to capture the elements that would most effectively protect the public from harm. In a regulated environment, one of the tasks of Colleges would be to identify specializations and the expected standards of practice for registrants in those specializations Specialized competencies are not included in the entry-to-practice competencies because: The regulatory process requires competencies to be focused on the prevention of public harm – a foundational level. The greatest area of alignment in counselling practice occurs at the foundational level. Specialization requires intact foundational entry-to-practice skills. A similar national dialogue on specialty area competencies may be required.

  11. Regulatory Status of Counselling-related Professions:A Pan-Canadian Tour

  12. STATUS OF COUNSELLOR REGULATION IN CANADA No action on regulation portfolio No action on regulation portfolio No action on regulation portfolio Title protection Regulation 1963. Amendments 1973, 2004. Practice Protection Regulation 2009. No action on regulation portfolio No action on regulation portfolio Legislation being pursued Legislation 2007. Transitional Council Pending. Regulation not yet started. Legislation 2008. Regulation pending. Preparations and legislation discussions 1995 - present Health Act amended 2008. No action on regulation portfolio Health Act amended 2009. No action on regulation portfolio Legislation discussions

  13. Professional RegulationMind Map Interprovincial labour mobility Encourages national standards Agreement on Internal Trade competencies continuing education credentials Minimize Harm Maximize Well-being registration REGULATION incompetence Harms College inquiry ethical violations restoration, mediation and correction model malpractice discipline negligence guilt or innocence model timely

  14. Professional Regulation PURPOSE OF REGULATION The goal of regulation is to reduce the risk of harm to the public while maximizing the well-being of the client. • Professional self-regulation is granted by provincial or territorial governments as a privilege that requires standards of practice. • Under the Agreement on Internal Trade (AIT), these standards must be comparable across the nation. TYPES OF REGULATORY STATUTES • “Stand Alone” (e.g., Nova Scotia) in which the law refers to a single profession, setting out its limits and standards. • “Umbrella” (e.g., Ontario) in which a larger act governs all health professions, setting out the shared privileges, processes, and requirements for all.

  15. Professional Regulation COLLEGES The entity regulating the profession is typically called a College and the professionals belonging to the College are known as registrants. COLLEGE FUNCTIONS Registration: determining qualified registrants Register qualified candidates/exclude those without competencies or personal suitability Inquiry: responding to public complaints and concerns Two models: Traditional model: guilt/innocence Alternative model: harm restoration, dispute mediation, error correction Two types: Passive inquiry: publish standards, await complaints Active inquiry: education, inspections, audits, college-initiated complaints Discipline: providing limits and sanctions for registrants who have violated professional standards Key obligations: Follow general standards of all professions Separate discipline from criminal, contract, and civil law Cooperate with, but not intrude upon, the jurisdiction of other sources of liability

  16. Definitions and Scopes of PracticeMind Map cognitive psychological disorders in cognitive, affective, neuropsychological, behavioural functioning enhancing promoting personal resources psychological functioning interpersonal behavioural environment emotional mental restoring Evaluation Assessment spiritual Domains SCOPE OF PRACTICE (shared/individual professions) remediating resolving creative arts Methods affective Human function goals improving cognitive relational principled behavioural systemic deliberate Clients verbal/non-verbal communication Relationships therapeutic individuals couples RESERVED, RESTRICTED, CONTROLLED ACTS PROTECTED TITLE ACTS professional families groups communities ONTARIO NOVA SCOTIA QUEBEC

  17. Definitions and Scopes of Practice: • Nine Canadian jurisdictions and organizations were combined with three general sources and 10 international organizations to review definitions and scopes of practice for the profession. • Generally, all definitions and scopes of practice had sufficient similarities to create a summary statement. SCOPE OF PRACTICE • Refers to the procedures and processes permitted for licensed professionals under legislation. • Reserved Acts/Restricted Acts/Controlled Actsare synonymous and refer to acts that only specific licensed professional group(s) are permitted to provide. This is different from title protection which restricts the use of a particular title. • Scopes of practice are in place through legislation in Quebec, Ontario and Nova Scotia. DEFINITION • Prior distinction between counselling and psychotherapy is diminishing; many practitioners now view their work on a continuum and/or use the terms interchangeably.

  18. Definitions and Scopes of Practice: ATTRIBUTES OF COUNSELLING AND PSYCHOTHERAPY GOALS: enhance, promote, restore, resolve, remediate, improve cognitive, affective and behavioural functioning. EVALUATION/ASSESSMENT: of psychological functioning, personal resources, environmental conditions, disorders in cognitive, affective, neuropsychological, and behavioural functioning. DOMAINS: mental, emotional, psychological, cognitive, interpersonal, spiritual and behavioural human functioning. INTERVENTION METHODS: cognitive, affective, behavioural, systemic, relational, creative arts, verbal and non-verbal communication. RELATIONSHIPS: professional, deliberate, principled, therapeutic. CLIENTS: individuals (children, adolescents, adults), couples, families, groups, and communities.

  19. Similarities across Helping ProfessionsMind Map Counselling Relationships Professional Responsibility STANDARDS OF PRACTICE Consulting and Private Practice CODES OF ETHICS Canadian Standards and Guidelines for Career Development Practitioners American Association for Marriage and Family Therapy Canadian Counselling and Psychotherapy Association Consulting and Private Practice Canadian Association of Psychologists Evaluation and Assessment Canadian Association of Music Therapy Canadian Association for Pastoral Practice and Education Counselling Relationships Self-development and Self-Awareness

  20. Similarities across Helping Professions • Nine Codes of Ethics and 5 Standards of Practice were reviewed. • Generally, all Codes and Standards protect the public from harm. • Differences occur in specific areas. These differences relate to the specialized form of therapy or intervention that the Association members provide to the public. • The Codes of Ethics for the Canadian Association of Music Therapy, the Canadian Association of Psychologists and the Canadian Counselling and Psychotherapy Association aligned most closely with each other. • The Canadian Standards and Guidelines for Career Development Practitioners, the American Association for Marriage and Family Therapy and the Canadian Association for Pastoral Practice and Education closely followed in alignment with these three associations. • Specific areas of alignment occurred in the following domains: - Professional Responsibility - Consulting and Private Practice - Counselling Relationships

  21. Similarities across Helping Professions • The Standards of Practice for the Canadian Psychologists Association and the Canadian Counselling and Psychotherapy Association are aligned in almost every domain. • Specific areas of alignment in all Standards of Practice occurred in the following domains: - Counselling Relationships - Consulting and Private Practice - Evaluation and Assessment - Self-development and Self-Awareness • Where some Associations have divided their Ethics from Standards, others have merged the two documents. When Codes of Ethics and Standards of Practice are combined, alignments are increased. • In the helping professions, we have more in common with each other than we have differences.

  22. Panel Discussion The Importance of Harmonizing Competencies and Credentials

  23. What Are We Discussing? CREDENTIALS COMPETENCIES CAPABILITIES

  24. Today’s Definitions Acredential is evidence of qualification, competence, or authority issued to an individual by a third party who is assumed by practice, by assumed competence, or by law to have authority to do so.

  25. Today’s Definitions Competence refers to a required standard for an individual to properly perform a specific job. It reflects knowledge, skills and behaviour. More generally, competence is the state or quality of being adequately or well qualified, having the ability to perform a specific role.

  26. Today’s Definitions Capability is the ability to perform actions. In terms of labour, capability is the sum of and individual’s expertise and capacity.

  27. In context of today’s discussions CREDENTIALS An educational achievement (degree/diploma), or A professional designation or license Generally a document Given to a person Issued by an authority

  28. In context of today’s discussions COMPETENCIES Occupational competencies Array of abilities Acquired through formal and informal learning Competency profile Abilities carried by the individual Drawn upon as necessary, as they work Integrated - each competency informs the other

  29. In context of today’s discussions CAPABILITIES • The “Mix” of skills • Brought to: • Work place • Job task or contract • Position or appointment • An employer, partnership or practice • Expectations around performance • Speaks to potential

  30. Regulated and Non-regulated Occupations • Regulated - specific public assurance by the regulator (at the timer of acceptance for licensure) of ability to practice safely and effectively in a Canadian context; and continuing thereafter • Non-regulated - general expectation by society of “ability” or “readiness” to join the workforce and work safely and effectively in a Canadian context (Occupational Health and Safety); continuing thereafter • Employers/Clients – seek both competencies and capabilities - whether regulated or non-regulated • Workers – seek acknowledgement of prior learning, credentials, competencies, capabilities to obtain employment

  31. Harmony – Just one example: due diligence • Credentials Assessors • Due diligence about institution and program • Authenticity • Equivalence • Assessment in advance of admission to further study, admission to regulated profession or employment • Regulators • Due diligence about the individual • Usually includes assessment of competencies (including recognition of credentials as reflection of competency), as well as vetting for all other admissions requirements • Employers • Due diligence about the individual (talent spotting) • Also includes assessing competencies and credentials in addition to many other less-defined attributes

  32. Panel Discussion:Harmonizing the 3 “C”s What are the links and overlaps? Does each “C” inform the other? Can we achieve greater understanding and greater/new linkages? How can we strive for a no-less-safe, yet more productive employment path for counsellors? Can harmonization be done in a fair, consistent, transparent and rigorous manner?

  33. Delegate Recommendations

  34. Thank you / MerciSafe travels / Bon voyage

  35. For Further Information: Canadian Counselling and Psychotherapy Association 16 Concourse Gate, Suite 600 Ottawa, ON K2E 7S8 Tel: 1-877-765-5565 Fax: 613-237-9786

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