National Labour Mobility Symposium 2009 Labour Mobility Working Group of the Canadian Counselling Association HRSDCCCPA The Counselling Profession, Labour Mobility and Professional Regulation

Today’s Focus The context of Labour Mobility in Canada Working Papers and Discussions: –Codes of Ethics and Standards of Practice –Definitions and Scopes of Practice –Professional Regulation

Tomorrow’s Focus Summary of Today’s work Panel Discussion: –The Importance of Harmonizing Competencies and Credentials Timeline and Accountabilities Communication Plans Next Steps Session Evaluation

How will we Accomplish our Goals? Mini-presentations Focus questions Small group discussions Small group activities Panel discussion Large group Q and A Sharing and Networking

Goals for the Symposium All delegates will have current and detailed information related to labour mobility and counsellor regulation in Canada and in their area of the country. share information with provincial/territorial contacts affected by labour mobility and counsellor regulation have a list of national contacts with whom to discuss further developments in labour mobility and counsellor regulation

Timeline of Regulation of Counselling-related Professions

QUEBEC Public Safety Ethics Legislation (1973) QUEBEC Shared competency profile (colleges, universities – for entry to practice and professional practice (2004) BRITISH COLUMBIA Preparations, consultations, competency profile development (1995 – present) PEI Consultations (2007) PEI Legislation being pursued (2009) ONTARIO Regulation (Bill 171) Transitional Council pending (2007) NOVA SCOTIA Regulation pending (2009) ALBERTA Health Act Amended – no regulation of counselling (2008) NEW BRUNSWICK Legislation discussions begin (1994) QUEBEC Reserved Title and Practice Protection Legislation: psychotherapy/reserved activities/mental heal evaluations (2009) 2008 NOVA SCOTIA Legislation (2008) 2009 MANITOBA Health Act amended – no regulation of counselling (2009) QUEBEC Title Protection “Guidance Counsellor” Legislation (1963) Regulation Timeline NEW BRUNSWICK Legislation discussions (2009)

Competency Profiles for Counselling-related Professions

ENTRY-TO- PRACTICE COUNSELLING COMPETENCIES GENERIC COUNSELLING COMPETENCIES SPECIALIZED COUNSELLING COMPETENCIES PASTORAL CAREER MARRIAGE & FAMILY ART ADDICTIONS MUSIC PLAY SCHOOL REHABILITATION

Entry-to-Practice Competencies Entry-to-practice competencies for the counselling profession have been created and validated nationally. Entry-to-practice competencies are generic: designed to capture the elements that would most effectively protect the public from harm. In a regulated environment, one of the tasks of Colleges would be to identify specializations and the expected standards of practice for registrants in those specializations Specialized competencies are not included in the entry-to-practice competencies because: –The regulatory process requires competencies to be focused on the prevention of public harm – a foundational level. –The greatest area of alignment in counselling practice occurs at the foundational level. –Specialization requires intact foundational entry-to-practice skills. A similar national dialogue on specialty area competencies may be required.

Regulatory Status of Counselling-related Professions: A Pan-Canadian Tour

Preparations and legislation discussions present STATUS OF COUNSELLOR REGULATION IN CANADA Health Act amended No action on regulation portfolio No action on regulation portfolio Health Act amended No action on regulation portfolio Legislation Transitional Council Pending. Regulation not yet started. Title protection Regulation Amendments 1973, Practice Protection Regulation Legislation discussions No action on regulation portfolio Legislation being pursued Legislation Regulation pending.

Professional Regulation Mind Map REGULATION Maximize Well-being Minimize Harm Agreement on Internal Trade Interprovincial labour mobility Encourages national standards registration inquiry discipline CollegeHarms incompetence ethical violations negligence malpractice credentials competencies continuing education restoration, mediation and correction model guilt or innocence model timely

Professional Regulation PURPOSE OF REGULATION The goal of regulation is to reduce the risk of harm to the public while maximizing the well-being of the client. –Professional self-regulation is granted by provincial or territorial governments as a privilege that requires standards of practice. –Under the Agreement on Internal Trade (AIT), these standards must be comparable across the nation. TYPES OF REGULATORY STATUTES –“Stand Alone” (e.g., Nova Scotia) in which the law refers to a single profession, setting out its limits and standards. –“Umbrella” (e.g., Ontario) in which a larger act governs all health professions, setting out the shared privileges, processes, and requirements for all.

Professional Regulation COLLEGES The entity regulating the profession is typically called a College and the professionals belonging to the College are known as registrants. COLLEGE FUNCTIONS –Registration: determining qualified registrants Register qualified candidates/exclude those without competencies or personal suitability –Inquiry: responding to public complaints and concerns Two models: –Traditional model: guilt/innocence –Alternative model: harm restoration, dispute mediation, error correction Two types: –Passive inquiry: publish standards, await complaints –Active inquiry: education, inspections, audits, college-initiated complaints –Discipline: providing limits and sanctions for registrants who have violated professional standards Key obligations: –Follow general standards of all professions –Separate discipline from criminal, contract, and civil law –Cooperate with, but not intrude upon, the jurisdiction of other sources of liability

Definitions and Scopes of Practice Mind Map RESERVED, RESTRICTED, CONTROLLED ACTS ONTARIO NOVA SCOTIA QUEBEC PROTECTED TITLE ACTS SCOPE OF PRACTICE (shared/individual professions) Human function goals enhancing resolving remediating promoting restoring improving Evaluation Assessment psychological functioningpersonal resources environment disorders in cognitive, affective, neuropsychological, behavioural functioning Domains mentalemotional psychological cognitive interpersonal spiritual behavioural Relationships Clients Methods cognitive affective systemic behavioural relational creative arts verbal/non-verbal communication communities groups families couples individuals professional principled deliberate therapeutic

Definitions and Scopes of Practice: –Nine Canadian jurisdictions and organizations were combined with three general sources and 10 international organizations to review definitions and scopes of practice for the profession. –Generally, all definitions and scopes of practice had sufficient similarities to create a summary statement. SCOPE OF PRACTICE –Refers to the procedures and processes permitted for licensed professionals under legislation. –Reserved Acts/Restricted Acts/Controlled Acts are synonymous and refer to acts that only specific licensed professional group(s) are permitted to provide. This is different from title protection which restricts the use of a particular title. –Scopes of practice are in place through legislation in Quebec, Ontario and Nova Scotia. DEFINITION –Prior distinction between counselling and psychotherapy is diminishing; many practitioners now view their work on a continuum and/or use the terms interchangeably.

Definitions and Scopes of Practice: ATTRIBUTES OF COUNSELLING AND PSYCHOTHERAPY –GOALS: enhance, promote, restore, resolve, remediate, improve cognitive, affective and behavioural functioning. –EVALUATION/ASSESSMENT: of psychological functioning, personal resources, environmental conditions, disorders in cognitive, affective, neuropsychological, and behavioural functioning. –DOMAINS: mental, emotional, psychological, cognitive, interpersonal, spiritual and behavioural human functioning. –INTERVENTION METHODS: cognitive, affective, behavioural, systemic, relational, creative arts, verbal and non-verbal communication. –RELATIONSHIPS: professional, deliberate, principled, therapeutic. –CLIENTS: individuals (children, adolescents, adults), couples, families, groups, and communities.

Similarities across Helping Professions Mind Map CODES OF ETHICS STANDARDS OF PRACTICE Canadian Association of Music Therapy Canadian Association of Psychologists Canadian Counselling and Psychotherapy Association Professional Responsibility Consulting and Private Practice Counselling Relationships Consulting and Private Practice Evaluation and Assessment Self-development and Self-Awareness Canadian Standards and Guidelines for Career Development Practitioners American Association for Marriage and Family Therapy Canadian Association for Pastoral Practice and Education

Similarities across Helping Professions –Nine Codes of Ethics and 5 Standards of Practice were reviewed. –Generally, all Codes and Standards protect the public from harm. –Differences occur in specific areas. These differences relate to the specialized form of therapy or intervention that the Association members provide to the public. –The Codes of Ethics for the Canadian Association of Music Therapy, the Canadian Association of Psychologists and the Canadian Counselling and Psychotherapy Association aligned most closely with each other. –The Canadian Standards and Guidelines for Career Development Practitioners, the American Association for Marriage and Family Therapy and the Canadian Association for Pastoral Practice and Education closely followed in alignment with these three associations. –Specific areas of alignment occurred in the following domains: - Professional Responsibility - Consulting and Private Practice - Counselling Relationships

Similarities across Helping Professions –The Standards of Practice for the Canadian Psychologists Association and the Canadian Counselling and Psychotherapy Association are aligned in almost every domain. –Specific areas of alignment in all Standards of Practice occurred in the following domains: - Counselling Relationships - Consulting and Private Practice - Evaluation and Assessment - Self-development and Self-Awareness Where some Associations have divided their Ethics from Standards, others have merged the two documents. When Codes of Ethics and Standards of Practice are combined, alignments are increased. In the helping professions, we have more in common with each other than we have differences.

Panel Discussion The Importance of Harmonizing Competencies and Credentials

What Are We Discussing? CREDENTIALSCOMPETENCIESCAPABILITIES

Today’s Definitions credentialA credential is evidence of qualification, competence, or authority issued to an individual by a third party who is assumed by practice, by assumed competence, or by law to have authority to do so.

Today’s Definitions CompetenceCompetence refers to a required standard for an individual to properly perform a specific job. It reflects knowledge, skills and behaviour. More generally, competence is the state or quality of being adequately or well qualified, having the ability to perform a specific role.

Today’s Definitions Capability Capability is the ability to perform actions. In terms of labour, capability is the sum of and individual’s expertise and capacity.

CREDENTIALS In context of today’s discussions CREDENTIALS An educational achievement (degree/diploma), or A professional designation or license Generally a document Given to a person Issued by an authority

COMPETENCIES In context of today’s discussions COMPETENCIES Occupational competencies Array of abilities Acquired through formal and informal learning Competency profile Abilities carried by the individual Drawn upon as necessary, as they work Integrated - each competency informs the other

CAPABILITIES In context of today’s discussions CAPABILITIES The “Mix” of skills Brought to: –Work place –Job task or contract –Position or appointment –An employer, partnership or practice Expectations around performance Speaks to potential

Regulated and Non-regulated Occupations RegulatedRegulated - specific public assurance by the regulator (at the timer of acceptance for licensure) of ability to practice safely and effectively in a Canadian context; and continuing thereafter Non-regulatedNon-regulated - general expectation by society of “ability” or “readiness” to join the workforce and work safely and effectively in a Canadian context (Occupational Health and Safety); continuing thereafter Employers/ClientsEmployers/Clients – seek both competencies and capabilities - whether regulated or non-regulated WorkersWorkers – seek acknowledgement of prior learning, credentials, competencies, capabilities to obtain employment

Harmony – Just one example: due diligence Credentials Assessors –Due diligence about institution and program –Authenticity –Equivalence –Assessment in advance of admission to further study, admission to regulated profession or employment Regulators –Due diligence about the individual –Usually includes assessment of competencies (including recognition of credentials as reflection of competency), as well as vetting for all other admissions requirements Employers –Due diligence about the individual (talent spotting) –Also includes assessing competencies and credentials in addition to many other less-defined attributes

Panel Discussion: Harmonizing the 3 “C”s What are the links and overlaps? Does each “C” inform the other? Can we achieve greater understanding and greater/new linkages? How can we strive for a no-less-safe, yet more productive employment path for counsellors? Can harmonization be done in a fair, consistent, transparent and rigorous manner?

Delegate Recommendations

Thank you / Merci Safe travels / Bon voyage

For Further Information: Canadian Counselling and Psychotherapy Association 16 Concourse Gate, Suite 600 Ottawa, ON K2E 7S8 Tel: Fax: