Minister refers Controlled Act of Psychotherapy to HPRAC Review
Health Minister Eric Hoskins has communicated that he will ask the Health Professions Regulatory Advisory Council (HPRAC) to review issues related to the proposed Controlled Act of Psychotherapy with a request for a expedited review and a report and recommendations by November 1, 2017.
The Psychotherapy Act was passed in 2007 and proposed amendment of the Regulated Health Professions Act, 1991 to create a new controlled act of psychotherapy and proposed the creation of a regulatory body to regulate the practice of psychotherapy by professionals not currently regulated. The College of Registered Psychotherapists of Ontario has been proclaimed (made law) and now registers and regulates its members who, as registrants, may use the protected title of "psychotherapist". Five regulated professions in addition to the registered psychotherapists were granted practice of the controlled act; these are physicians, psychologists, occupational therapists, nurses and social workers. When the controlled act is proclaimed, these professionals will also be able to use the controlled title psychotherapist with some provisions.
The controlled act of psychotherapy has not been proclaimed. Near 10 years after the Act was passed, government has to December 31st to proclaim this aspect of the Act or it expires. While governments never want to see a provision they introduced expire, there has been controversy surrounding the controlled act that has caused hesitation in moving forward. OTs who work in mental health will be familiar with work conducted by the College of Occupational Therapists of Ontario in collaboration with the 5 other involved Colleges to draft supporting documents that would lend clarity to the definition of psychotherapy. This was to address one of the concerns...that the act is not sufficiently clearly defined to help providers understand when they are practising the controlled act and when they are using psychotherapy techniques but not working within the scope of the controlled act. This issue and the following are rationale for the HPRAC referral;
- children and youth workers who are unregulated have argued that imposition of the controlled act would impact their ability to practice as they currently do now as they perceive that they would need to be able to practice the controlled act
- physicians have articulated concern that other professions will have authority to practice the controlled act
- occupational therapists and social workers have been advocating for passage of the controlled act because currently members not registered with the College of Registered Psychotherapists of Ontario cannot use the title psychotherapist, notwithstanding they would be able to if the controlled act were passed.
It is expected that there will be a public consultation component to HPRACs review. OSOT will prepare to respond to this consultation. The Minister of Health is not bound to support recommendations of HPRAC, however should there be support for recommendations that would take time to address prior to proclamation, the Minister can propose an extension to the provisions for proclamation.
Implications for Occupational Therapists
Occupational therapists who practice the controlled act of psychotherapy (a relatively small number) are still able to do so because presently the practice of psychotherapy across the range of client illness or insight remains in the public domain. However, currently OTs practising psychotherapy may not use the title "psychotherapist" unless they are also registered with the College of Registered Psychotherapists of Ontario.
OSOT's Mental Health Team Psychotherapy Subcommittee will assist in the development of responses to HPRAC's consultation. Members interested to participate are asked to contact osot@osot.on.ca.