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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 Disclaimer

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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

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  • 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

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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.

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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?

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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

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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

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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

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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

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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

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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?

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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?

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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