Valvira proposes reforms in the structures of the authorities and in the act on social welfare and healthcare professionals, the Alcohol Act and the Health Protection Act for the Government Programme

13.4.2023 11:14

The National Supervisory Authority for Welfare and Health (Valvira) has five proposals for the upcoming Government Programme:

a reform of the structures of the licensing and supervisory authorities in social welfare and healthcare;
a comprehensive reform of the act on social welfare professionals and the act on healthcare professionals;
safeguarding or re-assessing the monopoly system in accordance with the Alcohol Act;
a comprehensive reform of the Health Protection Act; and
achieving the goals set out in the Tobacco Act.

A reform of the structures of the licensing and supervisory authorities in social welfare and healthcare

Valvira considers it important that a single licensing and supervisory authority in social welfare and healthcare be established in Finland, as proposed by the Ministry of Social Affairs and Health’s working group in its final report (in Finnish) (stm.fi) on 27 October 2021. The new agency would be responsible for licensing and supervisory tasks in social welfare and healthcare that currently overlap and are carried out side-by-side at Valvira and six independent Regional State Administrative Agencies. The current structure of the authorities does not safeguard the non-discrimination of citizens and economic operators. By changing the structures, it would be possible to intensify the use and effectiveness of supervisory resources. A single national agency would give better opportunities than the current structure to also develop the provision of information and knowledge-based supervisory activities. The agency could be built while still maintaining regional activities and expertise.

A comprehensive reform of the act on social welfare professionals and the act on healthcare professionals

Valvira proposes that the current act on social welfare professionals and the act on healthcare professionals be replaced by a new act on social welfare and healthcare professionals. Various significant changes are required in the current provisions. For example, problems of interpretation due to the provisions of the Constitution of Finland and several amendments made to the act have been identified in the application of the act on healthcare professionals.

Safeguarding or re-assessing the monopoly system in accordance with the Alcohol Act

In the current Alcohol Act, the legal state regarding the distance selling of alcohol is unclear. Valvira considers it important to clarify the legal provisions on the distance selling of alcohol. When Parliament confirmed the act, it required the Government to assess the provisions on distance selling by considering the requirements of the Court of Justice of the European Union and the decisions of the Supreme Court. In addition, Parliament required the preparation be based not only on the conditions set by EU law, but also and especially on the decisions on distance selling not endangering the monopoly system or the equal treatment of Finnish business life relative to foreign competitors. However, the Alcohol Act’s provisions on distance selling have not been identified.

Achieving the goals set out in the Tobacco Act

Valvira proposes that the efficiency of the actions required to achieve the goals set out in the Tobacco Act be improved. According to the act, the goal is that, by 2030, at most five per cent of the population will use tobacco or nicotine products daily. The Ministry of Social Affairs and Health’s working group, which has already ended its term, prepared proposals to support and promote the end of the use of tobacco and nicotine products (julkaisut.valtioneuvosto.fi), to which it would be important, in Valvira’s view, to be committed in all health promotion activities. In addition, health policy decision-making and implementation should be protected against the tobacco industry’s interests.

A comprehensive reform of the Health Protection Act

Valvira deems that the comprehensive reform of the Health Protection Act, which has for years been considered necessary, must be implemented, as the official tasks set out in the Health Protection Act are critical for national health. After its entry into force in 1995, the act has been amended for more than 30 times which has resulted in several problems in its application. In the changed operating environment, the needs for provisions on health protection have also changed. Currently, the Health Protection Act does not offer sufficient concrete support for the supervisory authorities due to such factors as insufficient provisions on procedures. The wellbeing services counties and any transfer of environmental healthcare tasks to them must also be addressed in the comprehensive reform of the Health Protection Act and the organisation of guidance.

Further information:

A reform of the structures of the licensing and supervisory authorities in social welfare and healthcare
Markus Henriksson, Director General, +358 295 209 300

Proposals for the Alcohol Act, the Tobacco Act and the Health Protection Act and the acts on social welfare and healthcare professionals (granting professional practice rights)
Jussi Holmalahti, Director, +358 295 209 500

Acts on social welfare and healthcare professionals (supervision of professionals)
Helena Mönttinen, Director, +358 (0)295 209 404