This information comes into effect as of June 4, 2009

Mandatory Reports - The College has Received a Mandatory Report About Me

The Regulated Health Professions Act (RHPA) requires certain people to file a mandatory report with the College in certain situations. The legislative requirements to file these reports can be found in section 85 of the Health Professions Procedural Code which is Schedule 2 of the Regulated Health Professions Act.

This fact sheet is intended to provide information to the physiotherapist who is the subject of the report about the process. Additional information can 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.

Why has the College been sent a mandatory report?

An individual has “reasonable grounds” to believe that you may be incompetent, incapacitated or have sexually abused a patient.

OR

You have been terminated, or a partnership, a health profession corporation or association with you was dissolved for reasons of professional misconduct, incompetence or incapacity

OR

Your employer intended to terminate you for reasons of professional misconduct, incompetence or incapacity but you resigned

What is incapacity?

In relation to a physiotherapist, that the physiotherapist is suffering from a physical or mental condition or disorder that makes it desirable in the interest of the public that the physiotherapist’s practice be subject to terms, conditions or limitations, or that the physiotherapist no longer be permitted to practise.

What is incompetence?

Where the physiotherapist’s professional care of a patient displayed a lack of knowledge, skill or judgment of a nature or to an extent that demonstrates that the physiotherapist is unfit to continue to practise or that the physiotherapist’s practice should be restricted.

What is professional misconduct?

For the purpose of mandatory reporting, acts of professional misconduct are defined in the College’s Professional Misconduct Regulation.

What happens once the College receives the report?

The Office of the Registrar will determine if additional inquiries or a formal investigation is required. If a formal investigation is initiated, you will be provided with a summary of the investigation and you will be provided with the opportunity to respond. In addition, an investigator of the College may wish to meet with you. The results of a formal investigation will be provided to a panel of the Inquiries, Complaints and Reports Committee which is comprised of both members of the public and the profession. The ICRC will not make a final decision on a matter without you having the opportunity to respond to the concerns that have been identified.

Should I obtain the advice of legal counsel?

Some physiotherapists may choose to obtain the advice of legal counsel. The stage at which they choose to do this may differ and this is a personal decision independent of the College. The College does not require that a physiotherapist obtain legal counsel in order to participate in the process. If this is an option that you are considering, you may wish to consult the professional association.

How long does the investigation process take?

There are no timelines associated with these types of investigations as some investigations are quite detailed and extensive while others are relatively short. The Committee is thoughtful of the need to ensure that the investigation is balanced, fair, objective and complete. The Committee will not make a decision without the benefit of having full information.

What is my status at the College during an investigation process or after the matter has been resolved?

Unless the matter is referred to the Discipline Committee or the Fitness to Practise Committee and there has been a finding of professional misconduct, incompetence, or incapacity a physiotherapist is considered to be active with no restrictions on their certificate of registration.

Can the ICRC revoke my Certificate of Registration?

No. A physiotherapists’s certificate of registration may only be revoked as a result of a finding made by either the Discipline Committee or the Fitness to Practise Committee.

In rare circumstances the ICRC may direct the Registrar to suspend or impose terms, conditions or limitations on a physiotherapist’ s certificate of registration through an Interim Order. This will only be considered in cases where the matter has been referred to the Discipline Committee or the Fitness to Practise Committee for a hearing and it is the opinion of the ICRC that immediate action is required to protect the public interest.

What Decisions can the ICRC Committee make?

The panel may where appropriate:

Refer the matter to the Discipline Committee for a hearing
Refer the matter to a Health Inquiry Panel for health related inquiries, which could result in a result in a referral to the Fitness to Practise Committee for a hearing
Issue a verbal caution
Require the physiotherapist to take part in a specified continuing education and remediation plan

In addition, the panel could:

Take no further action
Issue guidance, advice and/or recommendations to the physiotherapist
Issue a written caution
Invite the physiotherapist to participate in a remediation plan as defined in an Acknowledgement & Undertaking

How Do I Know of the Decision?

You will receive a copy of the Committee’s decision in writing.

What kinds of cases are referred to the Discipline Committee?

A referral to the Discipline Committee for a hearing is reserved for the most serious cases of professional misconduct or incompetence. Summaries of previous cases referred to the Discipline Committee can be found by clicking here.

How many complaints or reports does the College receive each year and how many of those are referred to the Discipline Committee?

It is difficult to provide concrete numbers as the number of matters considered by the screening committees of the College vary each year. That being said, the ICRC reviews on average 100 cases per year. Of this number, a very small percentage of cases (3-4%) are referred to the Discipline Committee for a hearing.

Can I Appeal the Decision?

Decisions of the ICRC made in relation to mandatory reports or other non complaint matters can be appealed through the court system.

General Questions

How does the fact that the College has received a report regarding my practice affect my status with the College? Is this on my record?

Your status as a physiotherapist is not affected as a result of a report being submitted to the College regarding your practice unless the matter proceeds to the Discipline or Fitness to Practise Committee for a hearing and a finding of professional misconduct, incompetence or incapacity is made. The fact that a report has been submitted to the College does not appear on the public register, however it does remain on file and if a subsequent report or complaint is received, it is brought to the Committee’s attention.

Can I renew my annual registration while I am involved in the investigation process?

Yes, physiotherapists involved in the investigation process are not restricted from renewing their Certificate of Registration.

If the College has received a report, can I still practice as a physiotherapist? Can I still supervise others? Can I provide expert opinions?

You may continue to practice as a physiotherapist unless your Certificate of Registration is suspended or revoked or there are terms, limitations or conditions that would prevent you from acting in such a role.

If there was a report filed against me what would an employer or future employer be told if they called the College?

The employer would only be provided with information that is included on the public register. This includes reference to findings made by the Discipline or Fitness to Practise Committees of the College and any other terms, limitations or conditions placed on a your Certificate of Registration.