Competence-based Approaches and Professional Regulation: A Balancing Act

Transcription

1 Competence-based Approaches and Professional Regulation: A Balancing Act Presentation by M e André Gariépy, Commissioner, at the World Health Professions Regulation Conference Geneva, Switzerland,18 May 2014 Commissaire aux plaintes en matière de reconnaissance des compétences professionnelles Content The Office of Commissioner Regulatory framework: A balancing act Competence-based approaches Issues with competence-based approaches Words of advice for regulators Appendix The Québec Professional System 2 1

2 The Office of Commissioner 3 The Office of Commissioner Created in response to recommendations from The Inquiry Commission on Diversity and Integration in Québec (Bouchard-Taylor Commission, ) Bill passed at the end of 2009 by the National Assembly of Québec 4 2

3 The Office of Commissioner (cont.) An oversight entity granted independence and wide investigation powers Specialized in the registration process and the recognition of professional competence Administratively attached to the Office of the Professions, an agency which already has oversight functions over the 45 professional regulatory bodies 5 Functions-Mandate 1. Receive and examine individual complaints concerning the recognition of competence by the regulatory bodies 2. Verify the mechanisms for recognition of competence (in a more systemic way compared to case-by-case) 3. Monitor the collaboration between the education and the professional systems (re: bridging programs and internships) 6 3

4 Functions-Mandate (cont.) Also responsible for overseeing the implementation by regulatory bodies of their obligations under applicable trade, mobility and mutual recognition agreements 7 1. Conformity Types of analysis - Laws, regulation, policies 2. Critical analysis - Question the legal framework and policies If unexpected and undesirable outcomes If unreasonable and unfair - Principles and good practices in the field of recognition of professional competence 8 4

5 Administration - Resources (types and level, competencies) - Work organisation Methods - Assessment and evaluation - Standards Procedure What is under scrutiny 9 Principles Guiding the Critical Analysis Equality Fairness - Procedural - Substantive - Relational Objectivity Transparency Openness Consistency Effectiveness Efficiency Reasonableness Accountability Ongoing improvement 10 5

6 Regulatory Framework : A Balancing Act 11 Regulatory Framework Objectives of regulation Public safety and protection Quality of services 12 6

7 Regulatory Framework (cont.) Competing policy issues impacting professional regulatory framework Public protection Social justice Democracy (level of autonomy and accountability) Demographics and labour market State delivery of services (ex.: health) Trade liberalization, mobility, and globalization Economic development Education and training Immigration 13 Regulatory Framework (cont.) Governments are more involved in the public interest debate over regulation More accountability, oversight and intervention Balancing act between the competing policy issues Determining the need for regulation and the design of the framework Setting the entry-to-practice requirements (minimum, optimum, maximum) 14 7

8 Competence based Approaches 15 Competence-based Approaches Moving beyond the traditional diploma (credits and topics) approach New ways to demonstrate your competence New understanding Knowledge and skills involved in a profession Through analysis of the practice and its context Useful for training, regulation, registration, qualifications recognition, continuing education Coherence 16 8

9 Competence-based Approaches (cont.) Qualities for better regulation and registration Precision Transparency Comprehensiveness Coherence Sufficient neutrality for international profiles comparison 17 Issues with Competence-based Approaches 18 9

10 Issues Qualities at risk of becoming a disadvantage Too much precision and comprehensiveness One could get carried away with the methodology The compulsion toward the ultimate tool and process Bringing to light new skills and stating the relative importance of skills Technical, non-technical, communication, cultural, soft skills, etc. Linkage between skills and a real public protection issue Possible overstatement of the importance of some skills (ex.: organizational context) 19 Issues (cont.) Qualities at risk of becoming a disadvantage (cont.) Elaborate or sophisticated systems The mirage of technology The mirage of self-declared simplification The technical and financial aspects may generate cumulative tinkering of the principles and objectives of a registration/qualifications recognition process, or of the experience of applicants 20 10

11 Issues (cont.) Qualities at risk of becoming a disadvantage (cont.) Costs! Barriers to qualifications recognition embedded in the competency profile and the assessment method Justification and fairness of requirements, assessment, and additional training 21 Role of third parties Issues (cont.) Involved in the analysis and the implementation of the competency approach Expertise and capacity Vested with responsibilities in the assessment and professional registration process Issues of legal standing, governance, responsibilities and oversight Accountability to regulatory bodies and governments 22 11

12 Issues (cont.) Not all jurisdictions are using the competencybased approaches How can we relate to these jurisdictions in fairness? The education system is not always on board in implementing competency-based approaches for a profession Possible disconnect between the gap training needs and the training offerings 23 Words of Advice for Regulators From a Commissioner s perspective 24 12

13 Words of advice Think about why you do it The purpose: regulation What are we describing? The profession as we see it or as it is? Or, the safe entry-level competencies? Avoid replicating what others are doing Integrate in your process the balancing act between competing policy issues But be true to the regulation purpose 25 Words of advice (cont.) Don t let others tell the story of your profession Competency-based is a methodology at your service, not the other way around Get involved in the thinking and the design Make some reality checks along the way Make sure you understand the methodology and the tools you ll be using afterward 26 13

14 Words of advice (cont.) Maintain the ability to use other approaches, or translate your competency-based tools into other approaches For qualifications recognition in the registration process Ex.: Traditional diploma (topics and credits) approach 27 Words of advice (cont.) Be constantly aware of the possible adverse effects Are we doing too much? Stay in control of your standards and of the third parties acting on your behalf 28 14

15 Words of advice (cont.) Principles worth keeping in mind Equality Fairness - Procedural - Substantive - Relational Objectivity Transparency Openness Consistency Effectiveness Efficiency Reasonableness Accountability Ongoing improvement 29 Thank you! 30 15

16 Contact Info André Gariépy, Lawyer, C.Adm. Commissioner for Complaints concerning the Recognition of Professional Competence, Government of Québec Telephone : +1 (514) commissaire@opq.gouv.qc.ca Website : 31 Appendix The Québec Professional System Protecting the public is a State mandate Harmonized system for all professions Public interest and consumer sensitivity One basic model for institutions, procedures and disciplinary complaints mechanism for the public Professional Code, in force since 1974 Complementary professions specific legislation if needed Similar regulation and mechanisms for the public Now 53 professions ( individuals) regulated under this model Under State orientation and supervision Mainly through the Office of the Professions

17 Appendix The Québec Professional System (cont.) Degree of autonomy and self regulation Through Professional Orders (regulatory bodies) Role of professionals in the regulation scheme: specialists running a specialized public entity The Orders can initiate regulation/by-law on important professional matters but, to get the approval, must engage in a dialogue with public authorities about the relevance and the modalities Appendix The Québec Professional System (cont.) Cooperation between Professional Orders Through the Québec Interprofessional Council Accountability and transparency Check and balance approach Oversight government agency The Office of the Professions with the Commissioner for Complaints Investigation powers Main regulations/by-laws examined then approved by public authorities and made public Annual public reporting on activities Content of the report established by regulation/by-law Report submitted to the National Assembly

18 Appendix The Québec Professional System (cont.) Accountability and transparency (cont.) Presence of representatives of the public on Board of Directors of the Office of the Professions Board of Directors and Executive Committee of Professional Orders Advisory Committee on Investigation Review Disciplinary Council (through a lawyer presiding) Subjected to the Access to information Act For information on public protection related activities Appendix The Québec Professional System (cont.) Information on the professional system Office of the Professions of Québec (French only) Québec interprofessional Council (French, English, Spanish)

19 The Québec Professional System National Assembly of Québec Professions Tribunal Minister Responsible for Professional Laws Office of the Professions (with the Commissioner for Complaints) Interprofessional Council Professional Orders (Regulatory Bodies) Board of Directors Executive Committee Committee on Professional Inspection Committee on Training Conciliation and Arbitration of Accounts Syndic (disciplinary investigation) Committee on Investigation Review Disciplinary Council Other Functions and Committees Assembly of Members Members 37 Contact Info André Gariépy, Lawyer, C.Adm. Commissioner for Complaints concerning the Recognition of Professional Competence, Government of Québec Telephone : +1 (514) commissaire@opq.gouv.qc.ca Website :