This information comes into effect as of June 4, 2009
The Role of the Investigator
The mandate of the College of Physiotherapists of Ontario is to regulate the practice of physiotherapists in the public interest. In some cases, this requires that a formal investigation of a physiotherapist’s (a “registrant’s”) practice be conducted. Investigators can be appointed under Section 75 of the Health Professions Procedural Code, Schedule 2 of the Regulated Health Professions Act (RHPA, Code) to carry out investigations on behalf of the College’s Inquiries, Complaints and Reports Committee (ICRC). The investigators powers are described in sections 76 to 79 of the Code. Sometimes the College may also conduct informal inquiries under the authority of the Registrar.
Investigators
The College has several individuals trained to act as investigators. Some have a background in physiotherapy with additional training in the investigative process. Non-physiotherapist investigators usually have formal training in policing or private investigation, or some other area of expertise that is relevant to the investigation. College investigators are neutral, un-biased, fact and information gatherers.The Investigative Process
Once an investigator has been appointed, they will obtain information related to the case. In some cases, there be will an unannounced investigation at a physiotherapist’s workplace. This is an infrequent step reserved for only certain types of cases, generally where there is a concern that evidence may be tampered with and/or witness testimony interfered with. This could also occur where concerns are related to the condition / cleanliness of a clinic environment, safety or hygiene concerns, issues involving a failure to supervise support personnel appropriately and/or billing fraud.In most investigations, the College investigator will contact the complainant/reporter, physiotherapist, and / or witnesses and arrange mutually suitable times and places for any interviews. Some interviews may be conducted by telephone.
On arrival, the investigator or investigators will provide a “Notice of Appointment” verifying the authority given them by the College.
The investigator will ask a series of questions related to the incident(s) or issue(s). He or she will take notes of responses provided and may ask to tape the interview. The investigator will prepare a written interview statement of each interview.
On completion of all interviews, the investigator will prepare a summary of the investigation. This will include reference to the issues of concern identified either in the complaint or through the informal inquiries confirmed by the ICRC, the parties’ and witnesses’ comments, and any evidence, relevant to the issues. It is not the role of the investigator to draw conclusions or to communicate an opinion. All documentation and evidence gathered will be returned to the College and placed before the panel of the ICRC overseeing the investigation.
Investigations must be focused on the complaints or concerns identified. If in the course of carrying out an investigation, additional concerns are identified that appear to be outside the scope of the original complaint or concerns, the investigator will advise College staff.
What Can an Investigator Do?
An investigator who has a Notice of Appointment may:- Enter the physiotherapist’s place of practice and examine anything there that is relevant;
- Obtain patient records;
- Copy documents and/or objects;
- Remove documents and/or objects;
- Issue a summons to compel individuals to cooperate with an investigation and/or produce documents;
- Use a search warrant authorized by a justice of the peace;
Reports of the Investigation
In complaints cases, only the ICRC will see the investigator’s report of the investigation. This report is not publicly available. There are some exceptions if the matter is referred to a hearings committee of the College for a hearing, if the decision is appealed to the Health Professions Appeal and Review Board and/or if a remediator or expert is retained.Where the investigation has been conducted in order to obtain more information regarding a non complaint matter (i.e. mandatory report) the physiotherapist will be provided with a summary of the investigation. At this time they will also be invited to make submissions and/or meet with an investigator of the College.
