Regulating Health Care Professions - Health Professions Act Changes
Background and Context
The Government of Yukon (YG) is currently seeking input from professions and the general public as it contemplates substantial changes to the Yukon Health Professions Act (HPA) through surveys and online and in-person engagement sessions. Click here to see the Government of Yukon Engagement website for HPA changes.
To register for the in-person and online regulated professional engagement sessions, please use the links below:
January 29, 12:00pm - 2:00pm - Canada Games Centre
January 29, 5:00pm - 7:00pm - Canada Games Centre
February 5, 12:00pm - 2:00pm - Canada Games Centre
February 6, 6:00pm - 8:00pm - Whitehorse Public Library
These proposed changes would significantly alter the way our profession is regulated by bringing regulation ‘in house’ within the territorial government.
The YRNA has serious concerns with YG’s approach to this legislative and regulatory reform and the potential impacts it would have on patient safety, cultural safety and public protection and the commitment to Decolonize and Indigenize our healthcare systems.
The YRNA is also concerned about how YG is engaging with our profession and the public as we do not believe this process is inclusive or evidence-based.
Concerns with the YG Surveys
The survey questions do not provide sufficient context to allow for informed responses and in several instances, the context is factually incorrect.
The survey questions are un-related to the context or background information provided.
The survey structure does not allow for meaningful comments or elaboration.
The YRNA agrees that updates to the HPA are necessary, however is concerned that YG is ignoring professional recommendations for a co-regulation model realized through an independent regulatory body inclusive of First Nations Rightsholders, the public and healthcare professionals.
You can read the YRNA’s detailed comments on the survey here.
Regulated professionals have an obligation to question systems and decisions that would compromise patient safety, cultural safety and public protection, which cannot be achieved if YG is both the regulator and the ‘owner’ of the Yukon healthcare system.
Engagement History
Last Fall, YG publicly announced its intention to update the HPA and bring the regulation of healthcare professions ‘in house’ within government itself. The first part of the engagement process was a survey sent out to healthcare professionals on or around December 10, 2024 followed by a similar survey for the public on January 6, 2025.
Intended changes to the HPA are based in part on a review of the existing regulatory landscape assisted by Harry Cayton, an internationally-recognized authority on the regulation and governance of healthcare professions. Part of that review was an assessment of how the various regulators in the Yukon were performing as per the Standards of Good Regulation.
The YRNA participated in this review process, which confirmed that in areas critical to patient safety and public protection, the YRNA performed well. For example, the review confirmed that the YRNA was the only regulator in the Yukon to meet Standard 13 (to address complaints about RNs and NPs) fairly, consistently and within timelines consistent with the nature and complexity of each individual complaint.
In other areas, the YRNA has been able to make necessary improvements quickly and effectively to bring us further into alignment with the Standards of Good Regulation. Participation in the review and taking quick action to address key gaps reaffirms the YRNA's commitment to upholding the principles of good governance: proportionality, consistency, targeted and focused on right touch regulation, transparency, accountability and agility. It also reaffirms the best practice advice globally of regulators maintaining independence and autonomy while remaining accountable. This is not something that can be achieved when the regulator is housed within complex bureaucratic structures susceptible to conflicts of interest and competing priorities.
Although the YRNA is on record supporting changes to the HPA, they must meet the test of ensuring: Patient Safety, Cultural Safety and Public Protection achieved through a single, independent and accountable regulator for all healthcare professions in the Yukon. Consistent with best practices. That independent regulator must:
Have a single mandate focused ONLY on Patient Safety, Cultural Safety and Public Protection.
Be free from potential influence and/or conflict of interest from government, employers or professional self-interest.
Be governed by a competency-based, appointed board which includes First Nations rightsholders, the public, and regulatory subject matter experts.
Changes to the HPA must appropriately address topics such as establishing appropriate rules and authority to:
Set accreditation and certification standards for entry to practice.
Set Entry Level competencies.
Accredit education programs.
Establish competency-based assessments for certification of graduates from non-accredited programs (internationally educated).
Set and administer admission standards/requirements.
Enter into accreditation/certification agreements with other regulators or regulatory authorities abroad.
Set quality assurance continuing competency requirements.
Set standards of practice, codes of conduct/professional practice, terms limits conditions for practice, set standards and guidelines for practice and interdisciplinary practice etc.
Allowing regulatory authorities to work collaboratively to deliver services that can be shared including, but not limited to, IT, finance, investigatory, hearing panels etc.
Investigate and resolve complaints in culturally safe and appropriate ways through:
Appropriate investigatory powers with authority to compel documents, evidence, etc.
Alternative dispute resolution.
Administrative remedies.
Interim remedies before/during or after investigation up until judgement (should an issue go to hearing).
Discipline hearings for matters that cannot be resolved otherwise.
These topics were not adequately raised or addressed in the context, background or questions within YG’s surveys. The effective regulation of healthcare professionals is critical to patient safety, cultural safety and public protection.
Legislative reform is a complex process requiring careful, analysis and thoughtful and inclusive engagement processes and unfortunately, the YG surveys for the profession and the public do not meet this test.
Call to Action
The YRNA is communicating with YG so that the territorial government’s engagement outcomes best inform its contemplated legislative and regulatory changes to the HPA.
As the survey does not provide sufficient or accurate context and information for informed input, we invite you to reject the YG survey by not responding to it and voicing your concern to YG:
Through email to hpa@yukon.ca
At the public and/or online engagement sessions. Click the link here for details about those sessions.
Through a letter expressing concerns. Click here for a copy of a template letter you can modify as you wish. That letter can be sent to the hpa@yukon.ca email address the Yukon Government has provided.
As always, thank you for your dedication to our profession and to Yukon patients.
RESOURCE MATERIALS
Read YRNA and YNA news release raising concerns with HPA amendment process and survey here
Read YRNA's detailed commentary and concerns with the Yukon Governments recent engagement survey on changes to the Health Professions Act here
Read the Professional Standards Authority's Standards of Good Regulation here
Read the Self Assessment Report on Health Regulation undertaken by Government under the guidance of Harry Cayton and Bradley Chisholm here
Read YRNA's Cultural Safety Practice Standard and additional resource materials here
Read definitions of Cultural Safety and Cultural Humility and review additional resource materials here
Read the WHO report on health practitioner regulation here
Read Richard Steineke's article on major reforms in health profession regulation in Canada published in the Journal of Nursing Regulation here
Read Jim Casey's Key Trends in Professional Regulation here
Read - The PSA's white paper Regulation Rethought here
Read - Right Touch Regulation in Practice - International Perspectives here
Read the Alberta Government White Paper on Reformations to Amend the HPA (Alberta) To Improve Regulatory Effectiveness here
Read the PSA report on the Association of Professional Engineers and Geoscientists of BC here
Read Harry Cayton's report on the Law Society of British Columbia here