The College’s Role When a Patient has been Sexually Abused
In the province of Ontario, physiotherapists as healthcare providers are not allowed to:- have sexual intercourse or other forms of physical sexual relations with a patient,
- touch a patient in a sexual way, or
- engage in behaviour or remarks of a sexual nature directed towards a patient
That being said “sexual nature” does not include touching, behaviour or remarks of a clinical nature appropriate to the service provided.
The College may learn that a patient has been sexually abused from the patient themselves, a family member, another health care provider or an employer or colleague of a physiotherapist. Sometimes the College may also learn of this information through other sources.
Complaints
When the College receives a complaint from the patient or another individual expressing concern that a physiotherapist has or may have sexually abused a patient, the physiotherapist is notified and asked to provide a response to the complaint which is then shared with the patient or the person who filed the complaint. If more information is needed, an investigation will be initiated. The information gathered through the investigation is then considered by a panel or sub-group of the Inquiries, Complaints and Reports Committee. The panel includes a balanced mix of physiotherapists and non physiotherapists who are members of the public.Mandatory Reports
The other way that the College can learn that a physiotherapist may be sexually abusing a patient is through a mandatory report. In Ontario, regulated health care providers must file a mandatory report if they suspect that another regulated health care provider has sexually abused a patient. The report is made to the regulatory College of the “abuser”. In Ontario there are currently 22 Colleges that regulate health care professions:- Audiologists and Speech-Language Pathologists
- Chiropodists and Podiatrists
- Chiropractors
- Dental Hygienists
- Dental Technologists
- Dentists
- Denturists
- Dieticians
- Massage Therapists
- Medical Laboratory Technologists
- Medical Radiation Technologists
- Physicians (including psychiatrists)
- Midwives
- Nurses
- Occupational Therapists
- Opticians
- Optometrists
- Pharmacists
- Physiotherapists
- Psychologists
- Respiratory Therapists
- Traditional Chinese Medicine and Acupuncture
Mandatory reports follow a similar process as complaints but are reviewed by a different panel of the Inquiries, Complaints and Reports Committee. This panel is also made up of both physiotherapists and members of the public.
Where mandatory reports or complaints are received by the College it is most helpful if the patient involved is willing to work with the College and assist with the investigation. The College appreciates that this could be very difficult for the patient in question and the College will do whatever it can to support the patient throughout the process.
At the conclusion of the investigation process, a the panel can make several different decisions in order to address the concerns that have been brought to their attention and the information obtained during the investigation.
In reviewing the information before them, a panel may feel that the actions of the physiotherapist were so serious that a referral to the Discipline Committee for a public hearing is warranted. Decisions of prior discipline cases held at the College can be viewed in the section entitled Discipline decisions on the website Where the available information does not support such a referral, the panel may dispose of the matter in other ways.
Funding for Therapy and Counselling
In Ontario, each health regulatory College is required to have a program to provide funding for therapy and counselling for patients who were sexually abused by members of that College. The Patient Relations Committee of the College determines eligibility and administers funding.Patients are eligible for funding if a panel of the Discipline Committee makes a finding that the patient was sexually abused by a member of the College.
If there is no finding of guilt, the patient may still be eligible for funding if any of the following apply as defined in the College’s General Regulation: Part II – Funding for Therapy and Counselling.
- A written admission by the physiotherapist to the College that s/he sexually abused the patient
- Evidence presented to the College to support the belief that the patient was sexually abused and the physiotherapists has died or cannot be located
- The physiotherapist has been found guilty of sexual assault of the patient under the Criminal Code (Canada);
Additional information may also be obtained by contacting the Director, Professional Conduct at 416-591-3828 or 800-583-5885 Ext. 233 or via email at investigations@collegept.org.
