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

FAQs: Making a Mandatory Report about Sexual Abuse

• What is Sexual Abuse?

  The legislation* defines sexual abuse of a patient as:
  
  (a) sexual intercourse or other forms of physical sexual relations between the regulated health care provider and the patient,
  
  (b) touching, of a sexual nature, of the patient by the regulated health care provider, or
  
  (c) behaviour or remarks of a sexual nature by the regulated health care provider towards the patient.
  
  It does not include touching, behaviour or remarks of a clinical nature appropriate to the service provided.
  
  *The purpose of the provisions of the legislation with respect to sexual abuse of patients by members is to encourage the reporting of such abuse, to provide funding for therapy and counselling in connection with allegations of sexual abuse by members and, ultimately, to eradicate the sexual abuse of patients by members.

• What are reasonable grounds?

  This question sometimes involves a judgment call. The physiotherapist should have learned of the sexual abuse while practising the profession. 
  
  A person who operates a facility (employer) should have reasonable grounds to believe that a regulated health care provider who practices at the facility has sexually abused a patient. 
  
  Rumour or innuendo does not constitute reasonable grounds however concrete information from a credible source such as a patient, the parent of a patient, a guardian or custodian, or other third party could all be sources of credible information. 
  
  A physiotherapist may have reasonable grounds to suspect that a patient has been sexually abused even if he or she has not spoken to the patient.
  

   

  
  
  

• What happens if an individual fails to make a mandatory report required by the RHPA?

  Failure by a person to make such a report where required may result in prosecution and upon conviction a fine up to $25,000 for a first offence and up to $50,000 for a subsequent office. If the reporter is a regulated healthcare provider, their respective College may also take action.

  Where a facility fails to file a mandatory report where required to do so, failure to make such a report may result in prosecution and upon conviction a fine up to $50,000 for a first offence and up to $200,000 for a subsequent office.

• How long do I have to file the report?

  Physiotherapists and employers (persons operating a facility) must make a mandatory report to the relevant College within 30 days of learning of the incident. 
  
  If the reporter has reasonable grounds to believe that the regulated health care provider will continue to sexually abuse the patient or will sexually abuse other patients, the report must be filed immediately.
  
  We encourage you to report immediately to ensure patients are safe.
  

   

• Do I need to tell the patient that I am going to file the report? Do I have to include their name?

  Yes, you should make every effort to advise the patient that you must make the report before you submit it.

  You should include the patient’s name but ONLY if you have their written consent to do so.

• What happens if an individual or facility/employer fails to make a Mandatory Report of sexual abuse?

  Not making a Mandatory Report has serious consequences. Individuals could face charges of professional misconduct and face a fine of up to $50,000. Facility operators/employers may be subject to fines up to $200,000.
  

   

• My employer said that they would file the Mandatory Report with the College on behalf of the organization. Do I still need to file a Mandatory Report?

  Yes, you still have a professional obligation to report as an individual even if your employer is filing a report. You might have additional information and it ensures the incident does in fact get reported.

• What happens after I file a report with the College?

  After a report is filed, a College staff member will contact you within one week to clarify and ask for any additional information.

  The Office of the Registrar will review the information to determine if additional investigation is required. Your involvement is not needed at this stage.

  The results of the investigation will be considered by College’s the Inquiries, Complaints and Reports Committee (ICRC). The ICRC is comprised of representatives of the public and the profession. You will not be involved in the ICRC’s deliberations.

  If the case goes to a Discipline Hearing, you may be asked to testify.

  
  
  
  

• What information should be included in the report?

  The report needs to in writing and should include:
  a. the name and contact information of the person filing the Report
  b. the name of the regulated health care provider who is the subject of the Report
  c. an explanation of the alleged sexual abuse
  d. the name of the patient (with written consent of the patient or substitute decision-maker)

   

• What information will the College share with me after I submit the mandatory report?

  What information will the College share with me after I submit the mandatory report?
  The physiotherapist and the College are the only parties involved in the process after a report has been submitted. The outcome of the process cannot be shared with the individual who submitted the report. If the matter is referred to the Discipline Committee for a hearing, the College may ask the reporter to participate in the hearings process as a witness. Decisions of the Discipline Committee are available to the public.
  

   

  
  

• Where should the Mandatory Report be sent?

  Submit the Mandatory Report the the regulatory College of the person involved. If the person is a physiotherapist, you can submit the Mandatory Report online, or send the information by email, mail or fax it to the College. 
  
  Reports for the College of Physiotherapists of Ontario can be sent to the College by mail, confidential fax or by using the Submit a Mandatory Report online feature.
   
  Email: investigations@collegept.org
  
  Mail:
  College of Physiotherapists of Ontario
  375 University Avenue, Suite 800
  Toronto, ON M5G 2J5
  
  Confidential fax: 416-591-7758 
  Telephone: 1-800-583-5885 or 416-591-3828 
  

   
  File a Mandatory Report

• If written consent from the patient or a substitute decision maker (SDM) cannot be obtained, should I still send the mandatory report to the College

  Yes. If the patient (or SDM) refuses to allow their name to be included in the report, assure them that you will not do so, but help them understand that you have a professional obligation to make the report without including their name. 
  
  If you think it would be helpful, you can suggest they contact the College at investigations@collegept.org or 1-800-583-5885 ext. 227 for more information. 
  
  investigations@collegept.org

• Do I still have to submit a mandatory report if I do not know the name of the person who is allegedly committing the abuse?

  No. A registrant is not required to file a mandatory report if he or she does not know the name of the registrant/member who would be the subject of the report.
  

• How does a physiotherapist respond to the report?

  The physiotherapist will have the opportunity to respond to the report in writing before the ICRC makes any final decision on a matter. The physiotherapist may also be asked to meet with an investigator. 

• How long does the process take?

  The timelines can vary quite a bit. Some investigations are quite detailed and extensive while others are relatively short. Given the sensitive nature of sexual abuse cases, these matters are processed as quickly as possible. The Committee will not make a decision without the benefit of having full information.

• Will I find out what happens to the physiotherapist?

  No. The College cannot share the outcome with you. However, if the matter is referred to the Discipline Committee for a hearing, you will be advised and may be asked to testify. Discipline hearing summaries are posted on the College’s website.
  
  List of Discipline Decisions
  

• Will the physiotherapist’s Certificate of Registration be revoked?

  A physiotherapist’s certificate of registration may only be revoked after a hearing as a result of a finding made by either the Discipline Committee or the Fitness to Practice Committee.

  However, in rare circumstances the physiotherapist can be temporarily suspended or have terms, conditions or limitations imposed on their certificate of registration through an Interim Order. This will only be considered in cases where immediate action is required to protect patients.
  

• What should I do if I have reasonable grounds to believe a physiotherapist or other healthcare provided has abused a patient?

  Physiotherapists and employers (persons who operate a facility) must make a mandatory report to the relevant College if they have “reasonable grounds” to believe that a physiotherapist or other healthcare provider has sexually abused a patient. 
  

   

• Do I need to know the name of the physiotherapist or healthcare provider suspected of sexually abusing a patient?

  Yes, you must know the name of the regulated health professional in question to submit a report to the relevant college.

• Where should I send the Mandatory Report?

  Submit the Mandatory Report the regulatory College of the healthcare professional suspected of sexual abuse. 
  
  If the person is a physiotherapist, you can submit the Mandatory Report online, or send the information by email, mail or confidential fax to the College. 
  
  Email: investigations@collegept.org
  
  Mail: 
  College of Physiotherapists of Ontario
  375 University Avenue, Suite 800
  Toronto, Ontario M5G 2J5
  
  Confidential fax: 416-591-7758 
  Telephone: 1-800-583-5885 ext. 227 or 416-591-3828 ext. 227
  
  File a Mandatory Report