Public Consultation on the Proposed Practice of Medicine Regulation under the Regulated Health Professions Act

The medical profession in Manitoba is currently regulated by the College of Physicians and Surgeons of Manitoba under The Medical Act. Manitoba Health, Seniors and Active Living (MHSAL) has been working with the College of Physicians and Surgeons of Manitoba (CPSM) to prepare consultation documents relating to proposed regulations that are required to transition the profession to regulation under The Regulated Health Professions Act (RHPA) - umbrella legislation that, over time, will regulate all regulated health professions in Manitoba.

The transition of the medical profession to regulation under the RHPA will require three regulations.

The first Regulation is the Practice of Medicine Regulation. This regulation is made by the Lieutenant Governor in Council. As required under the RHPA, this regulation, among other things, sets out the scope of practice for the profession, as well as the “reserved acts” that the health profession will be authorized to perform under the new regulatory system.

The reserved acts are a list of 21 clinical activities and procedures provided in health care that can present a risk of harm if performed by someone who is not adequately trained and competent to do so. Reserved acts include such things as making a diagnosis, performing procedures below the dermis (e.g., surgery) and ordering or receiving reports of screening or diagnostic tests. To see the list of reserved acts, please go to section 4 of the RHPA at http://web2.gov.mb.ca/laws/statutes/ccsm/_pdf.php?cap=r117. Under the proposed Practice of Medicine Regulation, members of the profession will be authorized to perform all the reserved acts provided for under the RHPA. However, the proposed regulation will provide that a member of the CPSM can only perform a reserved act that he or she is competent to perform. In addition, the performance of reserved acts will be subject to the limitations and conditions set out in the proposed College of Physicians and Surgeons of Manitoba General Regulation (see information below on this regulation). The consultation document relating to the proposed Practice of Medicine Regulation can be viewed online.PDF

The other two regulations are the College of Physicians and Surgeons of Manitoba General Regulation and the College of Physicians and Surgeons Standards of Practice Regulation. Under the RHPA, these regulations are made by the Council of the College and approved by the Lieutenant Governor in Council.

The College of Physicians and Surgeons of Manitoba General Regulation – As noted above, this proposed regulation sets out terms and conditions on the performance of reserved acts by members of the College. It also deals with such matters as information to be submitted at application for registration with the CPSM; classes of membership and education requirements for each class; a continuing competency program; titles that may be used by members of the CPSM; and practitioner profiles. In addition to practising family and specialist physicians, the CPSM registration classes will include residents, physician assistants, clinical assistants and medical students.

The College of Physicians and Surgeons of Manitoba Standards of Practice Regulation – Standards of practice are set out in this proposed regulation as well as in a document to be approved by the CPSM Council entitled “Standards of Practice of Medicine”, which is incorporated by reference in the proposed regulation.

The consultation documents relating to these proposed regulations can be viewed online at the CPSM website.PDF

In order to understand the full effect of the proposed regulations, they should be read altogether, most notably the provisions respecting reserved acts in the Practice of Medicine Regulation and in The College of Physicians and Surgeons of Manitoba General Regulation.

Manitoba Health, Seniors and Active Living will accept submissions and written comments until April 3, 2018, respecting the proposed Practice of Medicine Regulation at the following addresses:

Legislative Unit
Manitoba Health, Seniors and Active Living
300 Carlton Street, Winnipeg, Manitoba   R3B 3M9

OR by e-mail at rhpa@gov.mb.ca

OR by fax at 204-945-1020

MHSAL will not reply to submissions.

All consultation submissions and comments respecting the College of Physicians and Surgeons of Manitoba General Regulation and the College of Physicians and Surgeons Standards Regulation should be directed to the CPSM.

Privacy Notice for Consultations
respecting Lieutenant Governor in Council Regulations under
The Regulated Health Professions Act

The Regulated Health Professions Act requires that we carry out a public consultation about the proposed Practice of Medicine Regulation, the proposed College of Physicians and Surgeons of Manitoba General Regulation and the proposed College of Physicians and Surgeons of Manitoba Standards of Practice Regulation. This consultation is being carried out by the Legislative Unit of Manitoba Health, Seniors and Active Living.

Any personal information or personal health information you provide as part of this consultation is protected by The Personal Health Information Act of Manitoba and The Freedom of Information and Protection of Privacy Act of Manitoba.

The information you provide will be used only to assist in the development of the above-mentioned proposed regulations. This will involve disclosing your submission and comments to the government officers and employees developing the proposed regulations. It may also involve disclosing your submission and comments to officers and employees of the College of Physicians and Surgeons of Manitoba and to other review participants and interested parties, during and after the consultation process. Your personal identity, including your name, will not be disclosed or made public without your consent. But, please be aware that the identity of an organization may be made public in connection with its submission or comments.

You may be contacted by a government representative to clarify your submission or comments. Your name will not be placed on any mailing lists which are not related to the review.

Our authority to collect any personal health information you provide is section 13(1) of The Personal Health Information Act:

Restrictions on collection
13(1)   A trustee shall not collect personal health information about an individual unless

  1. the information is collected for a lawful purpose connected with a function or activity of the trustee; and
  2. the collection of the information is necessary for that purpose.

Our authority to collect any personal information you provide is section 36(1)(a) and (b) of The Freedom of Information and Protection of Privacy Act:

Purpose of collection of information
36(1)   No personal information may be collected by or for a public body unless

  1. collection of the information is authorized by or under an enactment of Manitoba or of Canada;
  2. the information relates directly to and is necessary for an existing service, program or activity of the public body;

If you have any questions about the collection, use or disclosure of your personal information or personal health information, please contact:

Michelle Huhtala,
Access and Privacy Coordinator
Manitoba Health, Seniors and Active Living
300 Carlton Street, Winnipeg, Manitoba  R3B 3M9
Phone: 204-786-7237
E-mail:  Michelle.Huhtala@gov.mb.ca