Criteria to Determine Whether a Health Profession Should be Self-Regulating (Manitoba)

Manitoba has adopted the following criteria in order to provide a more transparent process to review requests for self-regulation:

1. Relevance to the Minister of Health, Seniors and Active Living

A substantial portion of the profession's members are engaged in activities that are under the jurisdiction of the Minister of Health, Seniors and Active Living and the primary objective of the treatments/services they provide is the promotion or restoration of Health.

2. Risk of Harm

A substantial risk of physical, emotional or mental harm to individual patients/clients arises in the practice of the profession, having regard to

  1. the services performed by practitioners of the health profession,
  2. the technology, including instruments and materials, used by practitioners,
  3. the invasiveness of the procedure or mode of treatment used by practitioners

The harm must be recognizable and not remote or dependent on tenuous argument.

3.  Sufficiency of Supervision

A significant number of members of this profession do not have the quality of their performance monitored effectively; either by supervisors in regulated institutions, by supervisors who are themselves regulated professionals, or by regulated professions who assign this profession’s services.

4.  Alternative Regulatory Mechanism

Why the proposed level of regulation is being proposed and why, if there is a lesser degree of regulation, it was not selected.

Have any other regulative mechanisms been explored – i.e. certification or regulation by another profession? If they have been explored, why were they not sufficient or acceptable?

5.  Body of Knowledge

The extent to which there exists a body of knowledge that forms the basis of the standards of practice of the health profession.

6.  Educational Requirements for Entry to Practice

There must be qualifications and minimum standards of competence for persons applying to practise the profession.

This must include defined routes of entry to the profession such as:

  1. competency assessment, or
  2. academic preparation at a recognized educational institution.

Entry qualifications must be independently assessed.

7.  Leadership's Ability to Favour the Public Interest

The profession's leadership has shown that it will distinguish between the public interest and the profession's self-interest and in self-regulating will favour the former over the latter.

8.  Likelihood of Compliance

The members of this profession support self-regulation for themselves with sufficient numbers and commitment that widespread compliance is likely.

9.  Sufficiency of Membership Size and Willingness to Contribute

The practitioners of the profession are sufficiently numerous to staff all committees of a governing body with committed members and are willing to accept the full costs of regulation. At the same time, the profession must be able to maintain a separate professional association.

10.  Economic Impact

The economic costs to the public of regulating the occupational group are justified. Consider the potential costs and benefits of regulating the profession, including the expected effect on practitioner availability and on education and training programs, the expected effect on enhancement of quality of service and the expected effect on prices, access and service efficiency.

11.  The following are examples of additional criteria that may be considered:
  1. the extent to which the health profession has demonstrated that there is a public interest in ensuring the availability of regulated services provided by the health profession;
  2. the extent to which the services of the health profession provide a recognized and demonstrated benefit to the health, safety or well being of the public;
  3. Demonstrated commitment to continuous professional development.
  4. Professional titles recommended to be restricted to members of the profession.

For more information on regulated health professions, please contact:

Legislative Unit
Manitoba Health, Seniors and Active Living
300 Carlton Street
Winnipeg MB  R3B 3M9
Phone:  204-788-6608
FAX:      204-945-1020