This information comes into effect as of June 4, 2009
Mandatory Reports Overview
Mandatory Reports Overview
There are a number of situations where physiotherapists, employers and/or facility operators have a legal obligation to make a mandatory report to the College. In some cases the report will be related to a patient and in other cases the need to report will arise when an employment or business arrangement involving a physiotherapist comes to an end or a facility operator has concerns related to a physiotherapist’s competence or capacity to practice the profession. In cases where physiotherapists are employers of other regulated healthcare providers, additional reporting obligations apply in certain circumstances.
Mandatory reports are different to complaints. There are no legal requirements where a member of the public must file a formal complaint with the College. As such, any member of the public may choose to file a complaint with the College in relation to the conduct / actions of a physiotherapist. The process at the College for addressing complaints differs from the process for reviewing mandatory reports.
The need to report may be defined in the Regulated Health Professions Act (RHPA), other pieces of legislation or even Judge-made case law.
As members of a regulatory health college, physiotherapists and/or employers of physiotherapists and facility operators are required to make mandatory reports in certain situations:
- Where they become aware that a patient has been or is being sexually abused by a physiotherapist or other regulated health care provider
- Where they terminate the employment of a physiotherapist or other regulated health care provider for reasons of professional misconduct, incompetence or incapacity
- Where a physiotherapist resigns while facing a progressive discipline process, remediation process or termination
- Where there is a dissolution of a partnership, health profession corporation or association where a physiotherapist is involved
- Where a facility operator becomes aware that a physiotherapist or other regulated health care provider is or may be incompetent or incapacitated
It is often difficult to evaluate when to make these reports, determine who would make the report, establish where to send the report, determine how soon the report must be made and define what information should be included in the report. Competing obligations, legislative requirements and the very nature of these difficult issues may raise many questions.
Information regarding mandatory reporting obligations to non College organizations can be obtained by referring to the Professional Reporting Obligations Briefing Note or by speaking with the College’s Practice Adviser.
Additional information regarding College specific mandatory reporting obligations 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.
