Introduction to Professional Conduct
The College’s Professional Conduct Team receives complaints, concerns and mandatory reports related to the practice of physiotherapists. The Professional Conduct Team provides support to the four statutory committees that conduct case reviews and hearings as part of the College's mandate to protect the public interest: Complaints, Executive, Discipline, and Fitness to Practise. The roles of these Committees are further defined in the Health Professions Procedural Code which is Schedule 2 of the Regulated Health Professions Act.
Overview of the Role of the Committees
The Complaints Committee reviews all information related to complaints made by members of the public which may include but is not limited to patients, payors, and other health care providers.
The Executive Committee considers mandatory reports and other non-complaint information that has been brought to the College’s attention. Preliminary inquiries are often conducted by the Professional Conduct Team on behalf of the Registrar to obtain information.
In particularly serious matters, where there are reasonable and probable grounds to believe that professional misconduct has occurred or that the registrant may be incompetent, either the Complaints or Executive Committee may formally appoint an investigator. An investigator has significant powers, such as entering the registrant's workplace unannounced and summonsing records and information relevant to the complaint or issues of concern.
The Executive Committee may also address concerns where a registrant is suffering from a physical or mental condition or disorder that is affecting their ability to practise physiotherapy safely.
Investigation Outcomes
When concluding their investigations, the Complaints and Executive Committees may consider a variety of disposition options.
The Committees may where appropriate:
- Take no further action
- Issue guidance, advice and/or recommendations to the registrant
- Issue verbal or written cautions
- Invite the registrant to participate in a remediation plan as defined in an Acknowledgement & Undertaking
- Refer the matter to a hearing
Alternative Dispute Resolution
The Alternative Resolution Process (ARP) is another option available to registrants and complainants to address the issues/concerns that have arisen. ARP allows the complainant and the physiotherapist to work together to create solutions that satisfy everyone involved. The ARP process is entirely confidential.
Discipline & Fitness to Practise Hearings
In those cases where there are serious issues of incompetence or professional misconduct a case may be referred to the Discipline Committee for a hearing. In very serious cases of incapacity where a registrant is not demonstrating insight into their condition and its impact on their practice, the Executive Committee may refer the case to the Fitness to Practise Committee for a hearing. The Discipline and Fitness to Practise Committees conduct full legal hearings. In the most serious cases, a certificate of registration can be revoked or suspended, or some other term, condition or limitation may be placed on an individual's practice.
"Holding out" or "Inappropriate Use of Title"
The Professional Conduct team also undertakes investigations on behalf of the Registrar where a person who is not registered with the College is calling her or himself a physiotherapist or physical therapist, or is leading the public to reasonably believe he or she is a physiotherapist. Serious violations can result in a court injunction or prosecution, with the potential of a significant fine.
Additional information regarding any of these topics can be found under the corresponding website hearings.
