RHPA Exceptions and Public Domain
4. Exceptions within the RHPA
Section 29(1) of the RHPA permits healthcare professionals (regulated and non-regulated) as well as others (e.g., family members, unpaid care providers) to perform certain controlled acts under the following specific conditions:
rendering first aid or temporary assistance in an emergency;
fulfilling the requirements to become a member of a health profession and the act is within the scope of practice of the profession and is done under the supervision or direction of a member of the profession;
Controlled Acts – Paragraphs 1, 5 & 6 in s.27 of the RHPA
- Communicating to the individual or his or her personal representative a diagnosis identifying a disease or disorder as the cause of symptoms of the individual in circumstances in which it is reasonably foreseeable that the individual or his or her personal representative will rely on the diagnosis.
- Administering a substance by injection or inhalation.
- Putting an instrument, hand or finger,
i. beyond the external ear canal,
ii. beyond the point in the nasal passages where they normally narrow,
iii. beyond the larynx,
iv. beyond the opening of the urethra,
v. beyond the labia majora,
vi. beyond the anal verge, or
vii. into an artificial opening into the body.
5. Acts within the Public Domain
If the activity is not a controlled act, it is within the public domain and may be performed by any care provider, whether they are a regulated or non-regulated healthcare professional. Administering oral medications is an example of a task that is within the public domain. The expectation for an RT performing an intervention within the public domain is that they are competent to do so and act in the best interest of the patient/client(s).
PLEASE NOTE:
The Health Care Consent Act also supports intervention in emergencies by removing the usual requirement for consent in most circumstances.