Manitoba Regulated Health Professions Act (RHPA)

Transcription

1 Manitoba Regulated Health Professions Act (RHPA) 1. Introduction 1.1 Introduction Welcome to the learning module on Manitoba s Regulated Health Professions Act. Manitoba RHPA Page 1 of 140

2 1.2 Introduction Manitoba s regulated health professionals are at the beginning of a new age in regulation. The end goal is to have all regulated health professions come under one umbrella legislation - the Regulated Health Professions Act (RHPA). The RHPA comprises broad legislation that replaces all individual acts governing each regulated health profession. Two important changes that this legislative model enacts are: (1) each college regulated under the RHPA - for example, the Colleges of Registered Nurses, Audiologists and Speech-Language Pathologists, Physicians and Surgeons, Physiotherapists, Psychiatric Nurses, Medical Laboratory Technologists, and Opticians - must develop and maintain a continuing competence program; and (2) all regulated health colleges must promote inter-professional collaboration with other colleges. This learning module provides you an opportunity to learn about the RHPA, how the RHPA supports collaborative practice and your professional obligations under the RHPA. Manitoba RHPA Page 2 of 140

3 1.3 Learning Outcomes After completion of this learning module, you will be able to: understand professional self-regulation and the role of regulatory colleges in the province s health care system; outline the core content of the umbrella legislation (the RHPA) as it applies across Manitoba s regulated health professions; describe how the RHPA impacts regulated health professionals practice and interprofessional collaboration; demonstrate awareness of registrants professional obligations and employers responsibilities under the RHPA; demonstrate knowledge of the applicability of and accountability to the code of ethics, standards of practice, and practice directions of your college; and explain the reserved acts model and describe the implications and importance of collaborative practice among health professionals. Manitoba RHPA Page 3 of 140

4 Enlarged (Slide Layer) 2. Regulatory Role in the Health Professions 2.1 Regulatory Role in the Health Professions Manitoba RHPA Page 4 of 140

5 All regulated professionals must be registered with or licensed by their professional regulatory college. Some may also belong to a professional association and/or a union. How does a regulatory college differ from these other organizations? Colleges are mandated by the provincial government to regulate health professions in the interest of public protection. Colleges are therefore regulatory bodies. In order to practise as a regulated health professional, registration in a regulatory body is mandatory. Colleges may choose to refer to registered professionals as registrants or as members of the College. In contrast, health professionals join associations and/or unions as members, and these organizations operate in the interests of their membership. Associations and other professional-interest groups often lobby the government on behalf of and create networking opportunities for their members. Their mandates might include mobilizing their members to vote in favour of their professional interests regarding specific health care and social-justice issues during elections. Membership in associations is voluntary. In contrast, unions act in the employment sphere as bargaining agents. Unions negotiate collective agreements for members, and file grievances on behalf of their members when employers do not comply with collective agreements. If you practise in a unionized environment, your membership in the union and payment of dues is mandatory. Manitoba RHPA Page 5 of 140

6 2.2 Reflective Practice Exercise Now, let s test your knowledge of the RHPA Consider your current understanding of the RHPA and the role of self-regulation. Read the statements below and mark how strongly you agree with each. 2.3 Test your knowledge of the RHPA (page 1) (Likert Scale, 0 points, 1 attempt permitted) Manitoba RHPA Page 6 of 140

7 Statement Not at all Somewha t I have heard of and understand what rules are outlined in the Regulated Health Professions Act. I understand why the Regulated Health Professions Act is in/will be in place. I know which health regulatory colleges are impacted by the Regulated Health Professions Act. I know the difference between the roles of a regulatory college and a professional association and the union. I know when I must report a colleague s action or behaviour to the College. I know when my employer must make a Aware Very Aware Manitoba RHPA Page 7 of 140

8 report to the College. I know what information is recorded in the College s public register. I know when to inform the College of an address change or change in my employer. I can explain the different ways I can get involved with the College. I know I must have a current registration with the College to use my professional title. 2.4 Test your knowledge of the RHPA (page 2) (Likert Scale, 0 points, 1 attempt permitted) Manitoba RHPA Page 8 of 140

9 Statement Not at all Somewha t I know that the RHPA refers to a registration renewal or licence as a certificate of practice. I know there is a list of reserved acts in the RHPA. I know reserved acts are high risk activities that can be performed only by designated regulated health professionals. I know that reserved acts are general in nature and my profession specific regulations, practice directions and standards of practice outline the rules for my profession. I know the steps to take to determine if I can perform a reserved act. I know the difference between the code of ethics, standards of practice and practice directions. I know the College has developed or is planning to develop standards of practice and practice directions. I can explain the College s Continuing Competency Program requirements. I know what is meant when we say a profession is self-regulated. Aware Very Aware Manitoba RHPA Page 9 of 140

10 3. RHPA Purpose 3.1 Purpose of the Umbrella Legislation The Regulated Health Professions Act (also called the RHPA) came into force on January 1, 2014, when the first two groups of health professionals, audiologists and speechlanguage pathologists, became governed by their College under the Act. All regulated health professionals will eventually be brought under the RHPA in phases. Manitoba RHPA Page 10 of 140

11 3.2 Purpose of the Umbrella Legislation The RHPA brings consistency to the many and various rules and processes that have regulated health professionals over the years via separate pieces of legislation in Manitoba. The mandates, requirements, and obligations for each college, their professional registrants, and registrants employers are the same across all health care professions, under the RHPA. This uniformity clarifies the role of regulatory bodies for the public and shows an understanding on the government s part of the overlapping scopes of practice among many health professions. Manitoba RHPA Page 11 of 140

12 4. Self-regulation 4.1 Self-regulation Self-regulation refers to a governance model wherein the provincial government has delegated its responsibility for setting and enforcing rules of practice that the occupation or profession must follow. Manitoba RHPA Page 12 of 140

13 4.2 Self-regulation Since each profession has a specialized body of knowledge, external regulation without this knowledge would be difficult and potentially unsafe. The profession understands its registrants obligations and duties better than anyone else, so it makes sense to have professionals regulate themselves - as long as they do so in the public interest, and through a transparent entity (the College). A profession s mandate to self-regulate by a college of peers is a privilege that places the public trust in the College. Therefore, under the RHPA, all regulated health professional colleges, their registrants, and registrant employers have obligations that must be met to ensure this trust is maintained. If a college does not meet these obligations or makes decisions that are in the interest of the profession and not the public, the government can remove the profession s privilege to self-regulate. If this were to occur (as it has in another province and in the United Kingdom), then the government would take over the administrative roles and authorities of college staff and committees, and the profession would have limited say in the profession s values, policies, and standards for education and practice. It is therefore important that all health professionals understand and meet the requirements and obligations of self-regulation, as stipulated in the RHPA. Manitoba RHPA Page 13 of 140

14 4.3 Self-regulation Main Menu Click on the pictures to review each parties legal obligation. Manitoba RHPA Page 14 of 140

15 5. Colleges Obligation 5.1 The College s Obligation All colleges under the RHPA are required by law to carry out the responsibilities of selfregulation, and to share the mandate of protecting the public s interest. Registration with your college and the registration of your colleagues at other Colleges sends the public the message that you are a well-educated, qualified and trustworthy professional, and will continue to be so throughout your professional career. Therefore, the public expects that all Colleges have programs and processes in place that support and ensure competent, safe and ethical practice. All colleges must establish a council and two statutory committees - Complaints Investigation and an Inquiry Committee, and the requirement of a Continuing Competency Program. Manitoba RHPA Page 15 of 140

16 5.2 College Obligations The three main obligations for every college under the RHPA are to: establish initial registration and ongoing renewal requirements; establish the standards of practice and provides resources to help registrants meet these standards; and take action when standards of practice are not met. Each of these duties has specific tasks associated with them. Manitoba RHPA Page 16 of 140

17 Establishing Initial Registration and Renewal Requirements The College establishes requirements and administers the initial registration process to ensure applicants have obtained the required education and competence before entering practice. The College also sets annual renewal requirements and monitors registrants engagement in continuing competence requirements, to assure the public that all registrants are competent throughout their active careers. Manitoba RHPA Page 17 of 140

18 Setting standards and providing practice supports. The College also establishes the standards of practice and provides resources and support services to encourage competent practice. The College approves and publishes documents to clearly communicate professional expectations and obligations to its registrants and to the public. Each college also develops regulations under the RHPA to delineate the scope of practice of the profession and to outline the parameters within which specific activities and procedures (known as the reserved acts ) can be performed. Manitoba RHPA Page 18 of 140

19 Setting standards and providing practice supports. There are three specific documents defined in the RHPA: i) a code of ethics; ii) standards of practice; and iii) practice directions. The College may provide registrants with resources and supports to encourage continuing competence based on the regulatory requirements. Click on the picture to read the definition of each document type. Manitoba RHPA Page 19 of 140

20 code (Slide Layer) SOP (Slide Layer) Manitoba RHPA Page 20 of 140

21 Practice (Slide Layer) 5.6 Taking action when standards are not met. As indicated earlier, a registrant must adhere to the code of ethics, standards of practice, and practice directions. These documents outline your obligations to practice safely, Manitoba RHPA Page 21 of 140

22 ethically, and competently. If there is a concern that a registrant fails to meet any of these regulatory requirements, then the College follows a process to manage a complaint in order to ensure public protection and fairness to the registrant. 5.7 Taking action when standards are not met. In appropriate cases, efforts are made to resolve the complaint using educational and supportive strategies that aim to correct and improve the registrant s knowledge, skill or judgement. If an inquiry hearing finds that the registrant did not practice safely or ethically, then these findings must be made available to the public to ensure transparency. Manitoba RHPA Page 22 of 140

23 hotspot (Slide Layer) 5.8 Duty to Report Where an employer or a registrant of a regulated health profession either: has concerns that a registrant might be incompetent or unfit to practise, or Manitoba RHPA Page 23 of 140

24 has reason to believe that a registrant has abused a client or patient, that person is legally required to file such concerns or reasonable beliefs in a report to the registrar of the relevant college. Employers are also legally required to report to the College any suspension or termination of the employment of a health professional when the decision is based on incompetence or fitness-to-practise issues. 5.9 Self-regulation Main Menu Click on the pictures to review each parties legal obligation. Manitoba RHPA Page 24 of 140

25 6. Registrants Obligation 6.1 The Registrant s Obligations In professional self-regulation, rights are balanced with responsibilities. Each college communicates regularly with its registrants to raise awareness of their responsibilities and to support their efforts to meet the obligations of a self-regulated professional. Have you ever wondered, when you get such a message from your college, if other colleges ask the same of their registrants? Well the answer, is yes. Manitoba RHPA Page 25 of 140

26 6.2 The Registrant s Obligations Under the RHPA, all registrants of all regulated health professions colleges have the same professional obligations, including the duty to: Ensure the College has your current contact business and personal information; Report unfit, incompetent or unethical practice of peers to the College; Use the legislated title of the profession appropriately; Practice according to the profession s specific, published standards of practice, practice directions and code of ethics; Engage in the College s prescribed Continuing Competency Program; and Complete all registration renewal requirements, including payment of fees, on time. The details of how to meet these requirements may differ between professions, depending on college-specific regulations; nonetheless, all registrants are required by law to meet these obligations. Each of these will now be explained. Manitoba RHPA Page 26 of 140

27 Change in contact information or employer. Ensure the College has your current contact information. Under the RHPA you have an obligation to ensure the College has the most current information. Why? Two main reasons. First, because the public has the right to know where you work, if you have a current registration or licence to practise, and any restriction to practise (e.g. must work under supervision); and how to get in touch with you at your place of employment. Second, the College needs your current information because self-regulation is a partnership between the College and its registrants. The College will contact you, for example, about various college activities, such as your required engagement in a given college process. Some colleges may have additional requirements such as notification of a change in employment status (e.g. a leave of absence). Manitoba RHPA Page 27 of 140

28 Change in contact information or employer. Therefore, if you have made a change to your name, business or personal contact information, then you must let the college know within the timeframe specified by the college s by-law. Some colleges may have additional requirements such as notification of a change in employment status (e.g. a leave of absence). Maintaining a current public register of all registrants - which the college is required to do - ensures that the public can confirm your current standing with the college and contact you at your place of employment for professional reasons (for example, to request a copy of a clinical record). Other information the college keeps in its official register is not made public. Some colleges may have additional requirements such as notification of a change in employment status (e.g. a leave of absence). Manitoba RHPA Page 28 of 140

29 hotspot (Slide Layer) Duty to Report If you reasonably believe another registrant of your college is unfit, suffers from a physical or mental disorder that may affect his or her ability to practice safely, is Manitoba RHPA Page 29 of 140

30 incompetent, or is unethical in his or her practice, you must report your concerns about the registrant to your College. If you are aware of a situation like this, contact your College to discuss your duty to report. It is important to also know your other mandatory reporting obligations as listed in other laws - for example, the duty to report the abuse of a child or vulnerable person to the appropriate authorities. 6.6 Practice Scenario Manitoba RHPA Page 30 of 140

31 6.7 Practice Scenario (page 1) Consider this situation: On several occasions, a registered psychiatric nurse smells alcohol on the breath of a peer. The peer also sleeps during the night shift and has made medication administration errors. Manitoba RHPA Page 31 of 140

32 6.8 Practice Scenario (page 2) The registered psychiatric nurse reports her concerns to management, and the peer is scheduled to meet with human resources and the union representative. Manitoba RHPA Page 32 of 140

33 6.9 Discussion In this situation, both the employer and the registered psychiatric nurse have an obligation to ensure a report is submitted to the College. Manitoba RHPA Page 33 of 140

34 Use of Title The RHPA recognizes the importance to public safety of title protection, meaning that other professionals - including non-regulated professionals - cannot use the title that the government has granted to your profession. If an individual does not hold a certificate of registration and a current certificate of practice from a college, he or she cannot use the protected title for that profession. In turn, as a registrant with a college, you are responsible for ensuring that your clients and/or patients know with which college you are registered. So, you must use your professional title when communicating with the public and other professionals. Click on the book icon to read the list of approved titles and abbreviations for your regulatory college. Manitoba RHPA Page 34 of 140

35 Info (Slide Layer) 6.11 Practice Scenario Manitoba RHPA Page 35 of 140

36 6.12 Practice Scenario (page 1) Consider this situation: Mike, who was educated as a physiotherapist, is on a leave of absence from work. He has not renewed his certificate of practice, because he is not practicing and is attending school full time. Mike is considering volunteering at a kid s overnight camp for a twoweek period. The camp director knows he was practising as a physiotherapist. Can the director tell parents that Mike is a physiotherapist? Manitoba RHPA Page 36 of 140

37 6.13 Practice Scenario (page 2) No. In this situation Mike cannot use his professional title. Mike must not volunteer his services as a physiotherapist or imply that he is a physiotherapist to the camp director or to others, because he does not hold a current certificate of practice. Manitoba RHPA Page 37 of 140

38 6.14 Practice Snapshot Now consider a time when you were a client -at a dentist s office, your physician s office, or at the optical store. A person walks in to provide a service (take an x-ray; ask you medical-related questions, and take your weight or blood pressure; or provide advice on eyeglass selection). You do not know if this person is the dentist, dental hygienist, or dental assistant; physician, registered nurse, or licensed practical nurse; or the receptionist, store manager, optometrist, or optician - unless he or she tells you his or her professional title. Manitoba RHPA Page 38 of 140

39 6.15 Discussion You cannot assume the client or patient knows who you are and what your professional title is, just because you are performing a role or service. Depending on your professional title, the patient or client s expectations about that service may vary. Manitoba RHPA Page 39 of 140

40 Practice According to the Standards of Practice It is the responsibility of the registrant to meet the requirements of all college documents in the practice of the profession. These obligations stand, regardless of whether the registrant practises privately or for an employer; the policies of an employer do not relieve the individual registrant of the duty to meet the profession s standards of practice. As indicated earlier, each college will have its own set of regulations, approved by the government, which stipulate how obligations must be carried out. Regulations are part of the law that governs self-regulated professions. Manitoba RHPA Page 40 of 140

41 Practice According to the Standards of Practice Colleges also have the right, under the RHPA, to develop and uphold standards of practice, codes of ethics, and practice directions. Such documents are approved by the council of each college in consultation with registrants and other stakeholders. Manitoba RHPA Page 41 of 140

42 6.18 Practice Scenario 6.19 Practice Scenario A family practice unit maintains client records for a period of seven years. However, both the College of Registered Nurses and the College of Physicians and Surgeons requires Manitoba RHPA Page 42 of 140

43 their registrants to maintain the client records for a period of ten years. What actions should the registered nurses and physicians take in this situation? 6.20 Discussion Both regulated professionals have an obligation to advocate for systems that support their ability to meet the standards of practice. Therefore, both health professionals would need to communicate the standards to their employer and advocate for change in its client record retention policy, and to document the steps they have taken to address the situation. Manitoba RHPA Page 43 of 140

44 Engage in Continuing Competency Program Since knowledge and clinical methodologies evolve, the RHPA requires that all health professionals must remain current in their knowledge and skills in practice. Engagement in such a program accomplishes two things: 1) it communicates to the public that the regulated health professional is competent to practise; and 2) it separates them from unregulated health professionals, who do not have the same level of responsibility to protect the public s interest. Manitoba RHPA Page 44 of 140

45 6.22 Continuing Competence As previously discussed, the certificate of practice signals to the public that you are competent to practise. To ensure this is the case, the RHPA requires all colleges to develop and implement a Continuing Competency Program that their registrants must participate in, to maintain their competence and to enhance the practice of the profession. Since knowledge and clinical methodologies evolve, the RHPA requires that all health professionals must remain current in their knowledge and skills in practice. Manitoba RHPA Page 45 of 140

46 6.23 Continuing Competence Each regulatory college defines its own continuing competence requirements through regulations, and creates specific program materials and measurement tools relevant to their profession. The RHPA allows for such programs to include reviewing of registrant competence, mandatory participation by registrants in specified competence programs, and conducting practice audits. Continuing competence activities for a given profession might comprise of completing professional education activities, developing a learning plan, engaging in self-reflection activities, or undergoing peer or practice review. Manitoba RHPA Page 46 of 140

47 Annual Registration Renewal All regulated health professionals are required to renew annually, their certificate of practice with the College. The certificate of practice is a term used in the RHPA to replace a variety of phrases (such as renewed registration, licence to practise, and current membership) with a single term for all health professions. However, some colleges have chosen to continue using an older term when communicating with their registrants. The certificate of practice gives registrants the authority to practise and is issued by the college annually to registrants who complete the renewal process, including payment of fees, by a specified deadline. Your College may continue to use a different term for the process and the outcome (for example, a renewed licence to practise), but in the language of the RHPA, completion of the renewal process results in the issuance of a certificate of practice. Manitoba RHPA Page 47 of 140

48 6.25 Annual Registration Renewal It is important to know that even though you might hold a certificate of registration, if you have not paid your practice renewal fee on time and/or completed other obligations (such as answering questions on the renewal form or obtaining liability insurance), you will not hold a certificate of practice and you are therefore not eligible to work, to use the title of your profession, or to call yourself a regulated health professional until you complete an administrative process. The RHPA stipulates that this process is managed through the registrar, who issues an intent to cancel certificates for nonpayment of fees or failure to comply any of the other registration requirements. Manitoba RHPA Page 48 of 140

49 6.26 Practice Scenario 6.27 Practice Scenario Karen, a trained medical laboratory technologist, has been on maternity leave for the past seven months. She originally thought that she would take a full year off work, so Manitoba RHPA Page 49 of 140

50 she did not renew her certificate of practice. However, her partner has decided to take a few months of paternity leave, so Karen decides to return to work early. Karen has informed her employer she will be returning to work in two weeks Discussion Karen cannot return to work until she has a current certificate of practice. Karen will obtain the certificate of practice when she meets all the college s registration processes and pays her annual registration fee. Manitoba RHPA Page 50 of 140

51 7. Get Involved 7.1 Get Involved in Self-Regulation Self-regulation is a privilege granted to a profession by the government that acknowledges that the profession is in the best position to regulate its registrants. To maintain this privilege, registrants need to take an active role in the College. By granting this privilege, the government communicates to the public that Collegeregistered and -certified professionals differ from unregulated professionals, since they are held to a higher level of accountability, standard of competence, and professional conduct. Manitoba RHPA Page 51 of 140

52 7.2 Get Involved in Self-Regulation You can get involved in self-regulation in a number of ways; for example, you can: Run for council or participate in a college committee; Keep abreast of current information and changing college processes by regularly accessing the college s website; Participate in consultation opportunities by attending college focus groups or completing feedback surveys about new college regulations, bylaws, standards of practice, practice directions, or college processes; and Vote. Manitoba RHPA Page 52 of 140

53 hotspot - consultation (Slide Layer) hotspot - voting (Slide Layer) Manitoba RHPA Page 53 of 140

54 hotspot - council (Slide Layer) 7.3 Self-regulation Main Menu Click on the pictures to review each parties legal obligation. Manitoba RHPA Page 54 of 140

55 8. Employer Obligations 8.1 Employer Obligations Under the RHPA, employers of health professionals are also held accountable to the public. Their primary obligation is to hire health professionals who are registered with the appropriate college. This ensures that those in a position to observe the behaviour of health professionals in practise will communicate to the College any concerns about potential risk to public safety, so it may take appropriate action. As mentioned earlier, when a registrant is reasonably believed to be unfit, incapacitated, or otherwise conducting him or herself in an unprofessional manner, agencies and employers must file a written report to the respective regulated health professional college, and to give a copy of the report to the registrant. Manitoba RHPA Page 55 of 140

56 8.2 Practice Scenario 8.3 Practice Scenario Jordon is moving from Ontario to Manitoba. His new Manitoba employer confirms Jordon was registered in Ontario. However, Jordon has not yet applied for registration Manitoba RHPA Page 56 of 140

57 with the regulatory college in Manitoba. What is the Manitoba employer s responsibility in this situation? 8.4 Discussion The employer must ensure that Jordon does not start to work as a regulated professional until he is registered in Manitoba. Manitoba RHPA Page 57 of 140

58 8.5 Self-regulation Main Menu Click on the pictures to review each parties legal obligation. Manitoba RHPA Page 58 of 140

59 9. Practise in Association Obligations 9.1 Practise in Association Obligations Under the RHPA, the duty to report a registrant of another profession arises when two or more professionals practise in association and one of the professionals believes that the other is suffering from a physical or mental condition or disorder of a nature or to an extent that the other registrant is unfit to continue to practice or that his or her practice should be restricted. In this situation, the registrant must inform the registrar of the other professional s college about that belief and the reason for it. Click on the icon to read the full definition of practise in association Manitoba RHPA Page 59 of 140

60 hotspot (Slide Layer) 9.2 Practice Scenario Manitoba RHPA Page 60 of 140

61 9.3 Practice Scenario Consider this situation. A physiotherapist, paediatrician and speech-language pathologist provide services at a private children s rehabilitation centre. All three professionals share the reception area and office expenses- but maintain different clientele. The physiotherapist believes that the speech-language pathologist (or SLP) is suffering from a mental health or physical health condition and is unfit to practice. Manitoba RHPA Page 61 of 140

62 9.4 Discussion If the physiotherapist reasonably believes this, the physiotherapist must report the SLP to the College of Audiologists and Speech-Language Pathologists of Manitoba. Manitoba RHPA Page 62 of 140

63 9.5 Self-regulation Main Menu Click on the pictures to review each parties legal obligation. Manitoba RHPA Page 63 of 140

64 10. Concepts in the RHPA 10.1 Reserved Acts The Reserved Acts model outlines specific activities that have been deemed risky, and even dangerous, if not performed by a qualified and competent regulated health professional. These activities are reserved for and restricted to being performed by registrants whose profession has been named (in the regulations under the RHPA) as appropriately competent to perform the act. Manitoba RHPA Page 64 of 140

65 10.2 Reserved Acts The RHPA uses broad language about reserved acts and does not specifically state an actual procedure. This is because no one profession owns any one reserved act. For the most part, several professions will share a reserved act, with differences in their level of authority deriving from the depth and breadth of knowledge required of the profession performing it. A profession may have access to the reserved act - working below the dermis. However, the professional may not be allowed to do all procedures classified as working below the dermis. Such as cleaning a deep wound, performing a venipuncture or even performing surgery. In other words, the sharing of these reserved acts means there is overlap in scope of practice between professions. (We will look at Scope of Practice terminology and concepts next in this learning module). Manitoba RHPA Page 65 of 140

66 hotspot (Slide Layer) 10.3 Reserved Acts Each college explains further in its regulations under the RHPA and in college documents the specific rules for and limits under which the reserved act can be performed. A Manitoba RHPA Page 66 of 140

67 college might, for example, require its registrants to acquire additional education in a practice area before performing the act Reserved Acts Why do you need to know about reserved acts if your profession has not been granted authority to perform any one of them? You should be aware of the reserved acts and associated college regulations to ensure you are not performing procedures or engaging in activities that you are not authorized to perform. This knowledge also increases your understanding of the expectations that your colleagues and other professions will have of you. Click on the icon to read the list of reserved acts as published in the RHPA. Manitoba RHPA Page 67 of 140

68 hotspot (Slide Layer) 10.5 Leadership Role If you are in a formal leadership role or you work with professionals from other regulatory health colleges, it is important you understand the model in which you and Manitoba RHPA Page 68 of 140

69 the team provide patient or client services. This means that you know the others professional scopes of practice, are able to clarify each role, and confirm what each profession is allowed to do under the RHPA (and relevant regulations). This knowledge will come into play when assigning activities, considering how client or patient care needs will be met and by whom, and when writing policies and procedures. Healthcare leaders also need to know the individual professional s personal competence level. Assigning and organizing effective collaborative teams requires that you make the most efficient use of your team members and their authority to perform certain acts, while considering client-centred care. 11. Scope of Practice 11.1 Scope of Practice A scope of practice comprises a set of activities that a qualified, competent and registered health care practitioner may practise under the law and the profession s standards of practice. The concept of scope of practice is what differentiates one health profession from another, and it also identifies what activities they have in common. Manitoba RHPA Page 69 of 140

70 11.2 Scope of Practice A profession s scope of practice might be considered tripartite, including: 1) a broad statement that defines the profession; 2) the designated protected title for the profession; and 3) the reserved act(s) that the profession is authorized, in regulation, to perform. Manitoba RHPA Page 70 of 140

71 12. Reserved Act Decision-Making 12.1 Scope of Practice and A registrant may perform only those reserved acts that are granted to the profession by the government. To be in a profession s scope of practice, a procedure or activity must be both: accepted, practised by, and known to the profession (through entry-level curriculum and/or additional education and training); and stipulated in college-specific regulations as appropriate for performance by a registrant of their class of registration. Manitoba RHPA Page 71 of 140

72 12.2 Decision-Making Questions Before you perform a procedure or an activity, consider these three main questions: 1.Is the activity or procedure considered a reserved act? 2.Do I have the legal authority to perform the reserved act? 3. Do I have the personal competence, and any required additional education, to perform the reserved act? Manitoba RHPA Page 72 of 140

73 12.3 Is the activity or procedure considered a reserved act? Is the activity or procedure considered a reserved act? There are activities or procedures that you may perform as part of your day-to-day work and are not reserved acts. For example, health care professionals taking a client/patient history, conducting a physical assessment, performing an EKG and providing advice or education. However, it is important to know the high risk activities or procedures that are reserved acts. For example, prescribing, dispensing or selling drugs; fitting eyeglasses, contact lenses and hearing instruments; and managing labour. Manitoba RHPA Page 73 of 140

74 12.4 You are responsible Therefore before you act in a situation, you are responsible to ensure you know if the activity or procedure is a reserved act, if there are exemption under the RHPA and if it is one that is authorized to your profession Manitoba RHPA Page 74 of 140

75 12.5 Decision Tree Does your profession have the legal authority to perform the act? After you confirm the procedure or activity is a reserved act, find out if you have the legal right under the RPHA and in your college s regulations to perform the procedure. Manitoba RHPA Page 75 of 140

76 Stop1 (Slide Layer) hotspot (Slide Layer) Manitoba RHPA Page 76 of 140

77 12.6 Personal Competence Do you have the personal competence, and any required additional education, to perform the reserved act? To assess your personal competence, consider these five questions: 1.do I have the required training or education as outlined by my College and any organizational policy 2.do I know how to perform the reserved act competently, to ensure client and patient safety? 3.have I considered all the possible unintentional outcomes associated with performing the reserved act. 4.how will I manage the potential negative situations that might arise? 5. am I the best person to perform this reserved act in order to meet the client s or patient s immediate needs? Manitoba RHPA Page 77 of 140

78 Stop2 (Slide Layer) 12.7 Client Needs Now consider the client care needs. Manitoba RHPA Page 78 of 140

79 You should ask yourself these questions: 1) are the client s or patient s care needs well determined, or can I determine them based on my education and knowledge? 2) based on the client s or patient s condition, can I manage the care needs independently, or do I need to consult or refer the client or patient to another professional? 3) is the client s or patient s condition within what I feel comfortable in managing? These questions help determine both the level of care needed and whether or not you are the right health care professional to perform the reserved act in this situation. Stop2 (Slide Layer) Manitoba RHPA Page 79 of 140

80 12.8 Environment Now consider the environment in which you are providing services and your workplace resources. 5. Do you have the needed equipment and supplies to proceed? You may also want to consider if there are clinical decision support tools available to help you provide the care that is needed and to make the required decisions. Are there others who can provide advice or guidance, or can take over the care if needed? Manitoba RHPA Page 80 of 140

81 Go3 (Slide Layer) Stop3 (Slide Layer) Manitoba RHPA Page 81 of 140

82 hotspot (Slide Layer) 12.9 Practice Scenarios Main Menu Let s take a look at practice snapshots of situations wherein health professionals must assess their personal competence to perform a reserved act. Click on your college s logo Manitoba RHPA Page 82 of 140

83 to review a specific example. You are encouraged to review all available practice snapshots and to consider their relevance to your own context of practice Practice Scenario CMLTM Reserved act #3: Performing a procedure on tissue a) below the dermis A medical laboratory technologist (MLT) who has practised for 10 years in a Microbiology laboratory, has been transferred to a Core lab. The MLT is now expected to perform phlebotomy. The MLT has not taken blood from patients since graduation. Manitoba RHPA Page 83 of 140

84 12.11 Reserved act CMLTM Knowledge, Skill and Judgment The MLT has the legal authority to draw from patients, but in this situation the MLT lacks recent experience, and their skill maybe lacking given the MLT has not drawn blood for 10 years. Client Factors A patient s condition can vary from less to more complex. Additional skills may be required to perform phlebotomy in more complex situations. Environment The MLT has access to the available equipment needed; and other more experienced professionals. Manitoba RHPA Page 84 of 140

85 12.12 Discussion CMLTM Therefore, given the lack of experience and skill, and the availability of other skilled professionals its best the MLT inform the supervisor of their lack of experience and skill; and obtain the required experience by observing, refresher training of skills, and coaching from a more experience MLT before proceeding to practice independently. The MLT would need to consult with and refer more complex situations to another professional, until they gain the required experience and skill required to meet the patient care needs. Through observation and practice under supervision, the MLT will gain competence in managing future situations. Manitoba RHPA Page 85 of 140

86 12.13 Practice Scenario CASLPM An audiologist who is the sole practitioner in a private clinic receives a physician s referral to conduct an audiologic evaluation for a client presenting with a hearing loss. As part of the test battery, the audiologist performs otoscopy (inserts the speculum of an otoscope into the ear canal to examine the tympanic membrane (eardrum) and interior of the ear canal. The audiologist finds the client has a build-up of cerumen (ear wax) which must be removed to continue with the evaluation. This requires that curettes, suction, and syringed water be introduced into the external ear canal to loosen and remove the ear wax. Is the audiologist competent to carry out this procedure? Manitoba RHPA Page 86 of 140

87 12.14 Reserved act CASLPM Knowledge, Skill and Judgement The audiologist has the legal authority to perform the reserved acts #4 and #5 and knows that some colleagues perform cerumen management. This audiologist has studied the procedure. However, she has never performed the procedure. Client Factors The audiologist determines that this client s condition is stable and would not be greatly impacted by the procedure if performed by a competent practitioner. However, there is a risk of damaging the ear canal, ear drum, and middle ear if the procedure is not performed properly. Environment In this situation, the audiologist does not have the equipment needed to properly and safely perform the procedure. Nor does the audiologist have immediate access to a competent and experienced practitioner in cerumen management to consult with or who could oversee, should the audiologist decide to perform the procedure himself. Manitoba RHPA Page 87 of 140

88 12.15 Discussion CASLPM Given the lack of knowledge and skill, the risk to the client, and the lack of environmental supports (equipment and consultation resources), it is best that the audiologist stops the assessment and refer the client to another audiologist who performs cerumen management. Manitoba RHPA Page 88 of 140

89 12.16 Practice Scenario CASLPM While covering vacation time for a colleague, the SLP encounters a client who uses a tracheoesophageal voice prosthesis as a result of surgery for laryngeal cancer. The SLP notices that the prosthetic device requires cleaning. Removing the device for cleaning could cause pain or discomfort for the client. A topical anesthetic could be applied to minimize the pain. Is the SLP competent to apply the topical anesthetic? Manitoba RHPA Page 89 of 140

90 12.17 Reserved Act CASLPM Knowledge, Skill and Judgement The Speech-Language Pathologist has never applied a topical anesthetic for this purpose. Client Factor The client is at risk of aspirating the anesthetic if applied incorrectly or too liberally. Environment Since the Speech-Language Pathologist is covering for another member of staff, there is no professional expertise on site for consultation before and/or during the procedure. Manitoba RHPA Page 90 of 140

91 12.18 Discussion CASLPM In this analysis, all three factors point to a high-risk situation. The Speech-Language Pathologist has limited knowledge and skill in managing clients with tracheoesophageal voice prosthesis; the client is at risk if the procedure is not executed correctly. Therefore, in this situation, the Speech-Language Pathologist would not perform the procedure. Manitoba RHPA Page 91 of 140

92 12.19 Practice Scenario CPSM A family physician is planning to offer office-based cosmetic procedures to patients, including: botulinum toxin (Botox therapy) dermal filler injections lasers for photodamaged skin (lasers and intense pulsed light for sun damage and wrinkles) hair removal. Manitoba RHPA Page 92 of 140

93 12.20 Reserved Acts CPSM Knowledge, Skill and Judgement While the physician does have the authority to perform the reserved acts associated with these procedures, the physician has not obtained any additional education or experience that would qualify him or her to perform them. Client Factors The physician would also consider the risk of performing each of these procedures and the possible negative outcomes associated with performing them, since cosmetic treatments vary in terms of complexity and risks for each client. For example, for a patient seeking laser treatment for a chronic case of rosacea (a chronic skin disease), is this family physician the best health care professional to provide the treatment, or should the physician refer to a more experienced and competent practitioner, such as a dermatologist? Environment Besides adequate training, the physician would also need to ensure all of the equipment and space needed to safely perform the procedures is available. This would include the required emergency medical supplies to manage any possible negative outcomes associated with the procedures. Manitoba RHPA Page 93 of 140

94 12.21 Discussion CPSM It is up to the physician to check if there are restrictions on doctors performing such procedures such as the need for specific educational requirements listed either in the College s regulation or via a practice direction. Additional education and experience, if required, must be obtained before the family physician will be deemed competent before proceeding. This may mean taking additional courses, seeking a mentor or shadowing a competent colleague, and engaging in supervised practice opportunities from another health professional. Considering this risk assessment, the family physician is not yet competent to carry out in-office cosmetic procedures. Manitoba RHPA Page 94 of 140

95 12.22 Practice Scenario CPM A physiotherapist is newly hired at a continuing care and rehabilitation facility, after working for the past 10 years in a private outpatient clinic. During orientation, the physiotherapist sees that many of the clients have tracheotomies and require frequent suctioning during therapy. The physiotherapist has not performed this reserved act since graduation. What should she do? Manitoba RHPA Page 95 of 140

96 12.23 Reserved act CPM Knowledge, Skill and Judgement The physiotherapist has the authority under the RHPA and College regulation to suction a tracheotomy. However, the therapist does not have current knowledge or skill in performing the activity. Client Factors Most clients have had the tracheotomy long term, and their care needs, including their needs for suctioning during therapy, are well established. Environment Given that tracheotomy suctioning is a common practice among the physiotherapy and nursing staff at the facility, there are sufficient resources (e.g. policy, consultation opportunities, and equipment) to support the safe delivery of care by this physiotherapist. Manitoba RHPA Page 96 of 140

97 12.24 Discussion CPM In this situation, the physiotherapist would therefore communicate to her supervisor the need to gain some updated training and supervised experience with suctioning a tracheotomy before performing the activity independently. Manitoba RHPA Page 97 of 140

98 12.25 Practice Scenario CRNM An RN working a family practice unit is asked to suture a wound following the removal of a lesion on a healthy adult client. However, there are no policies in place to support RNs in suturing and the RNs regulatory college requires additional education that this RN has not completed. While working previously in an emergency department, the RN observed suturing many times and on one occasion, she sutured a wound with the assistance of a physician. The RN feels she is competent to perform the procedure. Is she correct? Manitoba RHPA Page 98 of 140

99 12.26 Reserved act CRNM Knowledge, Skill and Judgement RNs have the authority to work below the dermis, which would include suturing a wound. Even though the RN believes she has the knowledge, skill and judgement to suture the wound safely, the College requires that RNs receive additional education that meets College approved criteria before performing the task. Client This client s care needs are well established and the outcomes are predictable. Environment There are other health professionals competent in suturing available for consultation, and the required materials and supplies are available to perform suturing. However, there is a lack of organizational policy that supports RNs in performing this procedure. Manitoba RHPA Page 99 of 140

100 12.27 Discussion CRNM In this situation, the RN is not correct in thinking she can proceed. She should communicate that she is unable to perform suturing until she receives the required education and organizational policies are in place. Manitoba RHPA Page 100 of 140

101 12.28 Practice Scenario CRPNM An acute care psychiatric unit is implementing a new policy to perform electroconvulsive therapy on the unit, instead of sending patients to another facility for treatment. RPNs have the ability to perform this act and most of the psychiatric nurses on staff have experience with conducting electroconvulsive therapy. Since each RPN is required to determine his or her own personal competence and take the steps needed to obtain required knowledge, skill and judgement to ensure client safety, what should the unit leaders do before implementing the new policy? Manitoba RHPA Page 101 of 140

102 12.29 Reserved Acts CRPNM First, the organization s policy should clearly outline the training and experience required by RPNs for performing this act. Leaders must also ensure that all involved staff have or receive the required training and experience and can competently perform the procedure before individual RPNs are permitted to proceed with the implementation. The organization policy would outline the specific client population to which this new policy would apply and any restrictions on treatments to be provided. In collaboration with other health professionals, the RPN would determine the appropriateness of performing the act on an individual patient basis. Manitoba RHPA Page 102 of 140

103 12.30 Discussion CRPNM The RPNs would advocate for the required space, supplies, staffing and consultative resources to ensure the electroconvulsive therapy is performed safely and ethically for each patient. The RPN may refuse to perform the reserved act if the environment in which the patient is to receive the therapy is unsafe or unethical. Manitoba RHPA Page 103 of 140

104 12.31 Practice Scenario COM A patient diagnosed with keratoconus (a disorder of the eye which results in progressive thinning of the cornea) has a valid prescription from an optometrist, and wants the optician to dispense contact lenses instead of glasses. The optician has limited experience with this type of condition, which impacts the lens type dispensed, but she has read a considerable amount of information and attended a webinar on the topic. Should this optician proceed with providing services to this client? Manitoba RHPA Page 104 of 140

105 12.32 Reserved Acts COM Under the RPHA and the College s regulations, opticians have the authority to dispense contact lenses. In this situation, the optician is licensed to dispense contact lenses with a prescription and has gained some knowledge on the topic of keratoconus, but the optician does not have experience with managing this type of client-care need. The client presents with more complex needs than the optician is experienced with managing, especially when dispensing contact lenses. The optician has a colleague whom she could consult or to whom she could refer the patient. The necessary equipment to perform an assessment for this patient is on site. Manitoba RHPA Page 105 of 140

106 12.33 Discussion COM Being competent means demonstrating you can apply the knowledge gained and that you are able to apply critical thinking and judgment in a given scenario. In this situation, the optician has the authority to dispense contact lenses; there are sufficient environmental supports in place, and the optician has some knowledge of the patients condition. However, this does not mean that the optician is competent to meet this client s specific care needs, because she lacks the experience needed to manage a contact-lens client with this diagnosis. The optician may therefore choose (a) to transfer care to another optician, or (b) in collaboration with a colleague, to provide the needed patient services while acquiring additional skill and judgment. In the latter scenario, she would ask a colleague to be the patient s primary optician and she would observe the assessment and dispensing process, then discuss the case with the other optician after the services have been provided. Manitoba RHPA Page 106 of 140

107 13. Collaborative Practice 13.1 Collaborative Practice The introduction of the RHPA marked a significant, progressive change from the licensure of traditional health professionals (e.g. medicine and nursing) to a more collaborative approach that benefits all regulated health professionals under one act. The Reserved Act model is one example of how the RHPA embraces the concept that no one profession holds sole accountability for decisions related to client or patient care and services. There is also a new focus in the RHPA on client- or patient-centered care, which means the team must come together in the best interest of the client. All regulated health professionals are now being held to the same level of accountability for maintaining the requirements stipulated in the RHPA. Manitoba RHPA Page 107 of 140

108 13.2 Collaborative Practice The depth and breadth of the knowledge, skill, and judgment varies by profession. Therefore, collaboration is highly important in this shared health care environment. We must rely on our own expertise as well as the expertise of others on the health care team to deliver safe, competent, and ethical care. Manitoba RHPA Page 108 of 140

109 14. Conclusion 14.1 Top Take-Aways Here are the Top 10 Takeaways from this Learning Module: 1.Self-regulation is an important model in health care because the inclusion of experts views in the governance of a profession is in the best interests of the public. Selfregulation is a privilege, however, and with privilege comes responsibility - neither of which should be taken for granted. 2.The RHPA will replace your profession-specific legislation. 3.All colleges have an obligation to act in the best interest of the public; therefore they take a common approach to regulating the professions, including shared basic requirements for registration and updating your contact information, to more complex obligations such as mandatory reporting and engaging in continuing competence activities. 4.There is a new model in place for authorizing the performance of health care activities: known as reserved acts, which are activities the government has deemed to be high risk. 5.The list of reserved acts in the RHPA is not assigned to a single profession; nor are individual acts explicitly associated with specific professions in the list. Instead, several professions share the authority to perform acts in the list, and regulations specify Manitoba RHPA Page 109 of 140

110 which of them fall into the scope of practice of each profession. 6.You must be aware of which reserved acts you are authorized to perform and if there are any conditions to meet before you perform them. 7.Health professionals are obligated to assess their own personal competence to perform authorized reserved acts. 8.Health professionals must always remain current in practice, and all colleges must have mandatory programs in place to ensure the continuing competence of registrants. 9.Colleges use three types of documents (codes of ethics, standards of practice, and practice directions) to guide and support registrants in competent practice; registrants are obligated to practice in accordance with these documents, even if they conflict with an employer s policies. 10.The RHPA promotes collaborative interprofessional practice and client-centred care in the best interest of the public Closing Remarks This learning module focused on self-regulation and provided you with an overview of the RHPA. We shared with you the college's role and responsibilities and your own accountability to know and comply with the legislation, regulations, code of ethics, practice directions, and standards of practice for your health profession. We asked you to consider what you might offer to support your regulatory body, and how the college Manitoba RHPA Page 110 of 140

111 supports you in your efforts to practise safely and competently. For additional information on the college s role, please visit your college s website. 15. Practice Scenarios 15.1 Introduction We encourage you to review the practice scenarios that follow. These scenarios will provide you with an opportunity to reflect on the knowledge you ve gained by completing this module, and to consider how the information it contains might apply to you and your practice. The practice scenarios apply equally to all regulated health professionals Scenario 1 (Multiple Choice, 1 points, 1 attempt permitted) Manitoba RHPA Page 111 of 140

112 Correct Choice Nothing, since Abe reports to Karen, and she is responsible for policy setting. Call his College to file a complaint against Karen for forcing him to breach its standards. Advise Karen that he will print all of his patient records and maintain his own filing system to meet the standards set by his College. X Offer to lead a working group among staff to research the Standard of Practice on Record Keeping at their various colleges, to assist with amending the policy. Feedback when correct: Response (d) is the correct answer because Abe must not only meet the requirements of the College s Practice Direction on Record Keeping, but he must also work collaboratively with other health professionals in his place of employment. The retention period for the clinic must be minimally set to match the longest retention period required among the Colleges of the professional staff. Working with colleagues and resolving this issue together will ensure no one is placed in a position of breaching standards to meet an employer s policy requirement. Abe Manitoba RHPA Page 112 of 140

113 should also document his efforts to advocate on behalf of his College s standards throughout the process. Response (a) is not correct, because Abe is a regulated health professional and he, as an individual, is responsible for meeting the standards the College sets. Response (b) is not the best option, because filing a complaint does not relieve Abe of his obligation to meet the College s requirements for record keeping, nor would it lead to a timely correction of the matter -- or to collegial interactions in the workplace. Response (c) might seem to be a solution for Abe, but since he works in an interprofessional environment it does not resolve the conflicting requirements between policy and standards for his colleagues registered with other Colleges. Further, retaining paper records for his clients creates other problems for Abe, such as storage, ease of retrieval, access, and security. Nor does this option support interprofessional collaboration. Feedback when incorrect: Response (d) is the correct answer because Abe must not only meet the requirements of the College s Practice Direction on Record Keeping, but he must also work collaboratively with other health professionals in his place of employment. The retention period for the clinic must be minimally set to match the longest retention period required among the Colleges of the professional staff. Working with colleagues and resolving this issue together will ensure no one is placed in a position of breaching standards to meet an employer s policy requirement. Abe should also document his efforts to advocate on behalf of his College s standards throughout the process. Response (a) is not correct, because Abe is a regulated health professional and he, as an individual, is responsible for meeting the standards the College sets. Response (b) is not the best option, because filing a complaint does not relieve Abe of his obligation to meet the College s requirements for record keeping, nor would it lead to a timely correction of the matter -- or to collegial interactions in the workplace. Response (c) might seem to be a solution for Abe, but since he works in an interprofessional environment it does not resolve the conflicting requirements between policy and standards for his colleagues registered with other Colleges. Further, retaining paper records for his clients Manitoba RHPA Page 113 of 140

114 creates other problems for Abe, such as storage, ease of retrieval, access, and security. Nor does this option support interprofessional collaboration. Correct (Slide Layer) Incorrect (Slide Layer) Manitoba RHPA Page 114 of 140

115 15.3 Scenario 2 (Multiple Choice, 1 points, 1 attempt permitted) Correct X Choice None. Pay for the legal fees to appeal the Committee s decision. File a grievance with the College on Anita s behalf. Arrange a meeting with the Registrar to discuss dropping the case. Feedback when correct: Response (a) is correct because the union represents the interests of its union members only vis à vis their relationship with employers and their terms of employment. In this situation, the matter is between Anita and the College that governs her profession in the public interest, under the RHPA. The two organizations have different roles and responsibilities. Manitoba RHPA Page 115 of 140

116 Response (b) is not correct. Unions may engage legal services for members who have a dispute with their employers, and at times they refer their members to legal counsel. However, the union is not obligated to offer or pay for legal services related to regulatory matters. Response (c) is not correct, because grievances may be filed with the employers of union members, but not with the College. Response (d) is not correct. A registrant, not a union representative, may meet with the Registrar, as part of the resolution process to a complaint. Feedback when incorrect: Response (a) is correct because the union represents the interests of its union members only vis à vis their relationship with employers and their terms of employment. In this situation, the matter is between Anita and the College that governs her profession in the public interest, under the RHPA. The two organizations have different roles and responsibilities. Response (b) is not correct. Unions may engage legal services for members who have a dispute with their employers, and at times they refer their members to legal counsel. However, the union is not obligated to offer or pay for legal services related to regulatory matters. Response (c) is not correct, because grievances may be filed with the employers of union members, but not with the College. Response (d) is not correct. A registrant, not a union representative, may meet with the Registrar, as part of the resolution process to a complaint. Manitoba RHPA Page 116 of 140

117 Correct (Slide Layer) Incorrect (Slide Layer) 15.4 Scenario 3 (Multiple Choice, 1 points, 1 attempt permitted) Manitoba RHPA Page 117 of 140

118 Correct Choice Under section 28(1) of the RHPA, the requirement to report a business address change to the appropriate college for all her employees. X Under the College s regulations, the requirement to notify the College of Audiologists and Speech-Language Pathologists of her change in business address. Under the profession s Code of Ethics, the duty to request a new certificate of registration with a current business address. Feedback when correct: Response (b) is correct because the College is obligated, under the RHPA, to maintain current information for each member. To meet this obligation the College requires members (by way of a regulation) to report a change in pertinent information, including but not limited to the member s name, business address, and business telephone number. Response (a) is not correct. The RHPA does require its members to report any change in business, or employment address. However, it is not the employer s responsibility to report to the different colleges the address change for all employees; each employee has an obligation to his or her College to do this. Manitoba RHPA Page 118 of 140

119 Response (c) is not correct. A college s Code of Ethics for regulated professions does include obligations of and expectations for its registrants, but a certificate of registration is only issued once, upon initial registration, and does not include a member s business address. Feedback when incorrect: Response (b) is correct because the College is obligated, under the RHPA, to maintain current information for each member. To meet this obligation the College requires members (by way of a regulation) to report a change in pertinent information, including but not limited to the member s name, business address, and business telephone number. Response (a) is not correct. The RHPA does require its members to report any change in business, or employment address. However, it is not the employer s responsibility to report to the different colleges the address change for all employees; each employee has an obligation to his or her College to do this. Response (c) is not correct. A college s Code of Ethics for regulated professions does include obligations of and expectations for its registrants, but a certificate of registration is only issued once, upon initial registration, and does not include a member s business address. Correct (Slide Layer) Manitoba RHPA Page 119 of 140

120 Incorrect (Slide Layer) 15.5 Scenario 4 (Multiple Choice, 1 points, 1 attempt permitted) Manitoba RHPA Page 120 of 140

121 Correct X Choice Yes. The cardiologist is holding herself out as a medical expert and is providing medical advice to the public. No. The cardiologist is still registered with the College, as she holds a certificate of registration. No. The cardiologist is not being paid and is not practising in a health care environment. Yes. The cardiologist should maintain individual patient medical records for each attendee. Feedback when correct: Response (a) is correct. In this situation, the public is seeking education from a health-care professional and the cardiologist is applying her medical knowledge to educate and provide medical advice based on a diagnosis. Therefore, the cardiologist is practising without a certificate of practice. The RHPA requires all regulated health professionals to be both registered and certified to practice. Since she has not renewed her certificate of practice, she is not authorized to practise her profession. Response (b) is not correct. A certificate of registration is issued upon initial registration and does not, by itself, entitle the person to practise the profession. A registrant must also maintain a current certificate of practice. There are additional requirements that a registrant must meet to be eligible to hold and renew a certificate of practice. A registrant who holds both a certificate of registration and a valid certificate of practice is eligible to practise in Manitoba. Together, these two documents communicate to the public that the registrant has met all the requirements and is eligible to practise in the province. Response (c) is not correct. Practising the profession includes the provision of services or holding of positions that are either voluntary or paid. Therefore, the cardiologist was practising the profession illegally, without a certificate of practice. In this situation, the cardiologist applied her clinical judgment, and provided education and advice based on individual health history and diagnosis. Further, the public was informed that Ms. Smith was trained as a cardiologist, which Manitoba RHPA Page 121 of 140

122 may imply that she meets all requirements to practice in Manitoba. The non-clinical setting is irrelevant in this situation. The College certifies practitioners of the profession, not places of practice. Response (d) is not the best answer. While some colleges may require the regulated health professional to maintain records related to the group activity or individual services provided, the important message in this case is that even though the cardiologist is registered with the College (because she met all initial registration requirements), she is not eligible to practise because she did not renew her certificate of practice. Feedback when incorrect: Response (a) is correct. In this situation, the public is seeking education from a health-care professional and the cardiologist is applying her medical knowledge to educate and provide medical advice based on a diagnosis. Therefore, the cardiologist is practising without a certificate of practice. The RHPA requires all regulated health professionals to be both registered and certified to practice. Since she has not renewed her certificate of practice, she is not authorized to practise her profession. Response (b) is not correct. A certificate of registration is issued upon initial registration and does not, by itself, entitle the person to practise the profession. A registrant must also maintain a current certificate of practice. There are additional requirements that a registrant must meet to be eligible to hold and renew a certificate of practice. A registrant who holds both a certificate of registration and a valid certificate of practice is eligible to practise in Manitoba. Together, these two documents communicate to the public that the registrant has met all the requirements and is eligible to practise in the province. Response (c) is not correct. Practising the profession includes the provision of services or holding of positions that are either voluntary or paid. Therefore, the cardiologist was practising the profession illegally, without a certificate of practice. In this situation, the cardiologist applied her clinical judgment, and provided education and advice based on individual health history and diagnosis. Further, the public was informed that Ms. Smith was trained as a cardiologist, which may imply that she meets all requirements to practice in Manitoba. The non-clinical setting is irrelevant in this situation. The College certifies practitioners of the profession, not places of practice. Manitoba RHPA Page 122 of 140

123 Response (d) is not the best answer. While some colleges may require the regulated health professional to maintain records related to the group activity or individual services provided, the important message in this case is that even though the cardiologist is registered with the College (because she met all initial registration requirements), she is not eligible to practise because she did not renew her certificate of practice. Correct (Slide Layer) Manitoba RHPA Page 123 of 140

124 Incorrect (Slide Layer) 15.6 Scenario 5 (Multiple Choice, 1 points, 1 attempt permitted) Manitoba RHPA Page 124 of 140

125 Correct Choice As a manager, he needs to accommodate, within reason, Hilde s medical needs. As a colleague, he needs to assist Hilde in providing patient services. X As a health professional, he needs to report his concerns to the College. As a service provider, he needs to ensure clients have access to the optician of their choice. Feedback when correct: Response (c) is correct, because the RHPA includes provisions that makes it mandatory to report one s concerns to the appropriate college about another regulated health professional if one believes the member is suffering from a physical or mental condition or disorder to an extent that the other member is unfit to continue to practise. In this situation, the optician would file a report with the College of Opticians. Response (a) is not correct, because regulated health professionals are obligated to put the delivery of safe services above the concern about a colleague s personal problems, including medical issues. Response (b) is not correct, because while codes of ethics require health professionals to act collegially, their duty to protect patients or clients comes first. Response (d) is not correct. Marco is not legally obligated to make Hilde s services available to her clients when their safety could be at risk. Feedback when incorrect: Response (c) is correct, because the RHPA includes provisions that makes it mandatory to report one s concerns to the appropriate college about another regulated health professional if one believes the member is suffering from a physical or mental condition or disorder to an extent that the other member is unfit to continue to practise. In this situation, the optician would file a report with the College of Opticians. Manitoba RHPA Page 125 of 140

126 Response (a) is not correct, because regulated health professionals are obligated to put the delivery of safe services above the concern about a colleague s personal problems, including medical issues. Response (b) is not correct, because while codes of ethics require health professionals to act collegially, their duty to protect patients or clients comes first. Response (d) is not correct. Marco is not legally obligated to make Hilde s services available to her clients when their safety could be at risk. Correct (Slide Layer) Manitoba RHPA Page 126 of 140

127 Incorrect (Slide Layer) 15.7 Scenario 6 (Multiple Choice, 1 points, 1 attempt permitted) Manitoba RHPA Page 127 of 140

128 Correct Choice Jodi is obligated to update the College that she no longer works at the personal care home. The director no longer needs to notify the College, since Jodi is no longer his employee. The director is obligated to notify the College that he had intended to terminate Jodi, and why. X (A) and (C) Feedback when correct: Response (d) is correct. Under the RHPA, both of the following are required: health professionals are obligated to notify their College with changes to employer information; and employers are obligated to advise the appropriate College when there is reason to believe a regulated health professional is incompetent. Response (a) is not the best answer since option (c) is also correct. Response (b) is not correct. Jodi s resignation alone does not eliminate public risk, since her registration and certification with the College would remain current. The director therefore remains obligated to uphold the RHPA by reporting Jodi s alleged incompetence to the College. Response (c) is the not best answer since option (a) is also correct. Feedback when incorrect: Response (d) is correct. Under the RHPA, both of the following are required: Manitoba RHPA Page 128 of 140

129 health professionals are obligated to notify their College with changes to employer information; and employers are obligated to advise the appropriate College when there is reason to believe a regulated health professional is incompetent. Response (a) is not the best answer since option (c) is also correct. Response (b) is not correct. Jodi s resignation alone does not eliminate public risk, since her registration and certification with the College would remain current. The director therefore remains obligated to uphold the RHPA by reporting Jodi s alleged incompetence to the College. Response (c) is the not best answer since option (a) is also correct. Correct (Slide Layer) Manitoba RHPA Page 129 of 140

130 Incorrect (Slide Layer) 15.8 Scenario 7 (Multiple Choice, 1 points, 1 attempt permitted) Manitoba RHPA Page 130 of 140

131 Correct Choice Proceed as directed by the physician. X Notify the charge nurse that another team member must be assigned to the task. Clean the wound and apply butterfly strips, instead of suturing. Since there is a shortage of staff in the emergency department, she should go ahead with the suturing. Feedback when correct: Response (b) is correct, because the nurse knows she is not yet qualified to perform the reserved act and the patient s or client s care needs must be met by a qualified health professional. Response (a) is not correct, because the nurse knows she is not yet qualified to perform the reserved act. The nurse should not proceed, even under the direction of the physician. Response (c) is not correct. The plan of care included suturing, which is a more invasive procedure; the application of butterfly strips might not effectively treat the patient. The patient s or client s care should not be compromised due to the nurse s lack of competence. Response (d) is not correct. A staffing shortage in the department does not warrant either placing the patient or client at risk of incompetent care or breaching the requirements for performing the reserved act. Feedback when incorrect: Response (b) is correct, because the nurse knows she is not yet qualified to perform the reserved act and the patient s or client s care needs must be met by a qualified health professional. Response (a) is not correct, because the nurse knows she is not yet qualified to perform the reserved act. The nurse should not proceed, even under the direction of the physician. Manitoba RHPA Page 131 of 140

132 Response (c) is not correct. The plan of care included suturing, which is a more invasive procedure; the application of butterfly strips might not effectively treat the patient. The patient s or client s care should not be compromised due to the nurse s lack of competence. Response (d) is not correct. A staffing shortage in the department does not warrant either placing the patient or client at risk of incompetent care or breaching the requirements for performing the reserved act. Correct (Slide Layer) Manitoba RHPA Page 132 of 140

133 Incorrect (Slide Layer) 15.9 Scenario 8 (Multiple Choice, 1 points, 1 attempt permitted) Manitoba RHPA Page 133 of 140

134 Correct X Choice Educate all staff that both physicians and speech-language pathologists have the authority to make and communicate the diagnosis. Install a pager system so all staff could be easily notified when a patient is waiting. Involve physicians in policy development to facilitate coordinated and collaborative care. Feedback when correct: Response (a) is the best answer, because the policy aims to facilitate collaborative care, and will be most effective if all team members understand the foundational concepts behind the policy and the reserved act model. Response (b) is not the best answer, because without the foundational understanding behind the policy, team members might notify any available team members who are not legally authorized to make and communicate a diagnosis, and the opportunity for collaborative care delivery would be further delayed. Response (c) is not the best answer, because all team members should be involved in the policy development, and all staff should have training on the new policy. Feedback when incorrect: Response (a) is the best answer, because the policy aims to facilitate collaborative care, and will be most effective if all team members understand the foundational concepts behind the policy and the reserved act model. Response (b) is not the best answer, because without the foundational understanding behind the policy, team members might notify any available team members who are not legally authorized to make and communicate a diagnosis, and the opportunity for collaborative care delivery would be further delayed. Response (c) is not the best answer, because all team members should be involved in the policy development, and all staff should have training on the new policy. Manitoba RHPA Page 134 of 140

135 Correct (Slide Layer) Incorrect (Slide Layer) Scenario 9 (Multiple Choice, 1 points, 1 attempt permitted) Manitoba RHPA Page 135 of 140

136 Correct Choice Advocate for change in the policy by initiating a grievance with the hospital s union. For their own safety, display only their first name and professional title (RPN) on the name tag. X Follow policy, update their name tags to include first and last name and professional title. Feedback when correct: Response (c) is the best answer. Patients or clients have a right to know the member s full name and professional designation in the event that they want to confirm an RPN holds a current certificate of practice, to determine if there are limitations or restrictions on a member s certificate of practice, to learn if previous College actions were taken against the member, or to make a complaint about a member s practise. It is also important that the patient or client is informed of the member s role, responsibilities, and scope of practice, all of which is communicated in part by way of professional title. Manitoba RHPA Page 136 of 140

137 Response (a) is not the best course of action. It is a College requirement that RPNs ensure their patients and clients are aware of who is providing their health-care services, and identification includes the professional s full name and professional title. The organization has determined that the best way to be fully transparent with patients or clients is to display this information on a name tag. Therefore, a grievance is not the RPNs best course of action. Response (b) is not the best answer. If there are other means (encompassed within workplace policy and acceptable to the College) to communicate the member s last name to the patient or client, then it may be appropriate to display only the first name and professional title. But in this situation, the RPNs may choose to provide a strong rationale and evidence of their concerns before the policy is implemented before they take other action, like refusing to wear a name tag. Feedback when incorrect: Response (c) is the best answer. Patients or clients have a right to know the member s full name and professional designation in the event that they want to confirm an RPN holds a current certificate of practice, to determine if there are limitations or restrictions on a member s certificate of practice, to learn if previous College actions were taken against the member, or to make a complaint about a member s practise. It is also important that the patient or client is informed of the member s role, responsibilities, and scope of practice, all of which is communicated in part by way of professional title. Response (a) is not the best course of action. It is a College requirement that RPNs ensure their patients and clients are aware of who is providing their health-care services, and identification includes the professional s full name and professional title. The organization has determined that the best way to be fully transparent with patients or clients is to display this information on a name tag. Therefore, a grievance is not the RPNs best course of action. Response (b) is not the best answer. If there are other means (encompassed within workplace policy and acceptable to the College) to communicate the member s last name to the patient or client, then it may be appropriate to display only the first name and professional title. But in this situation, the RPNs may choose to provide a strong rationale and evidence of their concerns before the policy is implemented before they take other action, like refusing to wear a name tag. Manitoba RHPA Page 137 of 140

138 Incorrect (Slide Layer) Correct (Slide Layer) Manitoba RHPA Page 138 of 140

139 15.11 Certificate of Completion Manitoba RHPA Page 139 of 140

140 16. Resources 16.1 Resources Manitoba RHPA Page 140 of 140