Topic 13: Regulatory Change and the Health Professions

Question 1

What is regulation?
What is self-regulation?

Answer 1

• Regulation refers to `the powers of a body or organisation to set a framework of rules through which it holds others to account.
• Self-regulation occurs when a body regulates itself and its membership

Question 2

What is professional self-regulation?

Answer 2

Professional self-regulation occurs when the state delegates responsibility for a profession’s regulation to a body composed of that profession’s practitioners.
– Professional body to act in the public interest.

Question 3

Describe the rise of self-regulated professions (Neo-Weberian) (4)

Answer 3

1. Self-regulation arose from efforts of groups of professionals who lobbied governments for regulatory privileges.
   – The result of each success was to cut off access to education, credentials, and practice opportunities for others, while reaping the rewards of a privileged position.
2. A social bargain was made with the state; to act responsibly and in the public interest.
   – Public benefit was derived from higher quality services due to the exclusion of unqualified providers.
3. The establishing of self-regulating professions was part of state-building, and a way to expand the state’s capacity to govern.
   – To that end, states actively sought to create these semi-autonomous governance structures.
4. In return for regulatory authority (and its benefits), professions support the state by extending its governance in certain social areas (health, justice, finance), without drawing heavily on state resources.

Question 4

What are some critiques of self-regulation? (4)

Answer 4

1. Groups often put the needs of their members ahead of the needs of their patients.
2. Groups often fail to protect the public from professional misconduct by their members.
3. Groups create and maintain discriminatory and/or unattainable entry criteria.
4. Groups push for policies favourable to themselves, while undermining their competitors.

Question 5

What are some arguments FOR self-regulation? (2)

Answer 5

1. Provides a perspective not based on profit or efficiency, and a check against potential abuses by the state.
   – With a commitment to serving the public interest, self-regulated professions can rally other voices against logics where cost or the bottom-line is the main or only concern.
2. Independent professions can be a positive force in society by acting as leaders for progressive social change.

Question 6

What is the Regulated Health Professions Act?

Answer 6

Legislation to govern the practice of regulated health professions, establishing standard processes for colleges regarding registration, continuing competence, complaints, and discipline, while also establishing a board to advise the Minister.

Question 7

What are the key functions of the Regulated Health Professions Act? (4)

Answer 7

1. Designation of Professions: allows the government to designate a health profession as regulated, including its scope of practice.
2. Establishment of Colleges: enables establishment or continuation of colleges (regulatory bodies) for regulated health professions.
3. Public Protection: colleges are required to fulfill their legislated mandate of public protection.
4. Standard Processes: sets out standard processes for colleges regarding registration, continuing competence, complaints, and discipline