Personal Mandatory Reporting Obligations for Physiotherapist
Offences - Findings of Negligence or Malpractice
The Regulated Health Professions Act (RHPA) requires a physiotherapist to file a report with the College if :- They have been found guilty of an offence; or
- A finding of negligence has been made against them; or
- A finding of malpractice has been made against them
The legislative requirements for these types of mandatory reports can be found in section 85.6.1(1) and 85.6.2(1) 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 physiotherapists to assist them in understanding their professional reporting obligations. Additional information can be obtained by reviewing the Professional Reporting Obligations Briefing Note or by contacting the Director, Professional Conduct at 416-591-3828 or 800-583-5885 Ext. 233 or via email at investigations@collegept.org.
What is an Offence?
An offence is a finding by a court (administrative tribunal findings do not count) of a breach of something labelled as an offence in a statute. Typically an offence is punishable by a fine or jail; however, the report must be made even if the court imposes a conditional or an absolute discharge. The best known offences are breaches of the Criminal Code of Canada or of federal drug legislation. However, there are a number of provincial offences as well (e.g., failing to report a child in need of protection contrary to the Child and Family Services Act). This provision would also include speeding tickets and municipal infractions.What is a Finding of Negligence or Malpractice?
These findings occur in civil proceedings or law suits. For example, a finding of professional negligence by a court that a physiotherapist fell below the accepted standard of practice of the profession and thereby harmed a patient has to be reported. The College may inquire into these findings where appropriate. The initiation of a law suit or settlements that are resolved outside a court are not subject to this reporting obligation.When and how soon do I have to report?
A physiotherapist must file the report with the College as soon as they become aware of the finding.What information should the report include?
The report should include:- the name of the physiotherapist filing the report;
- the nature of, and a description of the finding or offence;
- the date that the finding was made against the physiotherapist;
- the name and location of the court that made the finding against the physiotherapist; and
- the status of any appeal initiated respecting the finding made against the physiotherapist.
It should be noted that additional reports are required if there is a change in status of the finding as a result of an appeal. Further, where a publication ban is in effect, the physiotherapist should contact the College for guidance as to how to make the report without violating the publication ban.
Where should I send the mandatory report?
The report should be addressed to the Registrar of the College.What happens if an individual fails to make a mandatory report required by the RHPA?
If the College becomes aware of a situation where a report should have been filed with the College and the report was not filed, the College may investigate this matter as it relates to non-compliance with the Regulated Health Professions Act.What happens once the College receives the report?
The Office of the Registrar will determine if additional investigation is required. If no further investigation is required, the physiotherapist will receive a letter to this effect. If additional investigation is warranted, the Registrar would refer the matter to the Inquiries, Complaints and Reports Committee (ICRC) for consideration. The ICRC is comprised of representatives of the public and the profession.How does a physiotherapist participate in the investigation process?
The ICRC will not make a final decision on a matter without the physiotherapist having the opportunity to respond to the report in writing or by way of meeting with an investigator. Where a formal investigation is required, the physiotherapist will receive a summary of the investigation for their review and consideration. At this time the physiotherapist will also be invited to make submissions prior to the matter being considered by the ICRC.What information will the College share with the physiotherapist after the investigation has been completed?
At the conclusion of the investigation, the ICRC will issue the physiotherapist a written decision with reasons. In the event that the matter is referred to the Discipline Committee or Fitness to Practise Committee (by a Health Inquiry Panel) for a hearing, the physiotherapist will receive a decision to this effect.Can the ICRC revoke a physiotherapist’s Certificate of Registration?
No. A physiotherapist’s certificate of registration may only be revoked as a result of a finding made by either the Discipline Committee or the Fitness to Practice Committee.What decisions can the ICRC 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 contract with the College regarding their practice focusing on remediation or self imposed terms, limitations or conditions on their practice (Acknowledgement and Undertaking)
