Mandatory Reporting Obligations

There are a number of mandatory reporting obligations that apply to regulated health care providers, employers of regulated health care providers and Heath Information Custodians.

In cases where physiotherapists are employers of other regulated health care providers, additional reporting obligations apply. The requirement to file a Mandatory Report is required by legislation, regulation or law.

If you have questions about what you must and must not report, please contact the Practice Advisor who is happy to answer your questions. 

practiceadvice@collegept.org
416-591-3828 ext. 241
1-800-583-5885 ext. 241

Self-Reporting Obligations for Physiotherapists:

 

The Regulated Health Professions Act requires all physiotherapists must report to the College:
  • sexual abuse they become aware of to the regulatory College of any registered health professional  
  • all offenses (any conviction of of a law, usually punishable by a fine or jail term is an offense)
  • findings of professional negligence
  • findings of malpractice

As of April 2016, College by-laws also require physiotherapists to provide the following information to the College:

  • court imposed restrictions (bail conditions for example)
  • disciplinary findings from other regulatory bodies (this includes all professions from anywhere in the world)
  • Health Insurance Act charges and findings (convictions)
  • Criminal Code charges and findings (convictions)

Failing to self-report is a serious matter. 

Reporting Obligations for Physiotherapists:

A mandatory report must be filed with the College if:

  • A physiotherapist becomes aware that a patient is being sexually abused by a regulated health care provider
  •  A partnership, health profession corporation or association has ended because a regulated health care provider has committed professional misconduct or is incompetent or incapacitated (health issues)
  • A physiotherapist is aware that a person who is not a physiotherapist is providing services as a physiotherapist or holding out as a physiotherapist
  • A physiotherapist has been found guilty of an offence 
  • A physiotherapist has been found to have engaged in malpractice or negligence

 

Reporting Obligations for Employers / Facility Operators (may apply to a physiotherapist):

An employer or facility operator must file a mandatory report with the College if:

  • They learn that a patient has been or is being sexually abused by a physiotherapist or regulated health care provider 
  • A physiotherapist or other regulated health care provider has been terminated for reasons of professional misconduct, incompetence or incapacity
  • They receive notice of resignation from a regulated health care provider who was facing termination of employment or involved in a progressive discipline or remediation process 
  • A partnership, health profession corporation or association involving a
  • physiotherapist or other regulated health care provider has ended because of reasons of professional misconduct, incompetence or incapacity 
  • They have reason to believe that a regulated health care provider is incompetent or incapacitated

Reporting Obligations for Health Information Custodians:

  • If there is a privacy breach, the Health Information Custodian is required to notify the person affected by this breach within a reasonable amount of time. They must also let the person know that they can make a complaint about the privacy breach to the Information and Privacy Commissioner of Ontario.    
  • Health Information Custodians must also report certain kinds of breaches directly to the  Information and Privacy Commissioner of Ontario.    
  • If the Health Information Custodian takes any disciplinary action against a member of regulatory College because of reauthorized collection, use, disclosure, retention or disposal of personal health information, the Custodian must report this fact to the member's College.   

 

Reporting to Other Organizations:

Physiotherapists and employers of regulated health care providers may also have mandatory reporting obligations to other organizations as they pertain to suspected child abuse, elder abuse and the warning of authorities or appropriate parties when someone is in serious danger (Duty to Warn).

Additional Resources:

Briefing Note: Professional Reporting Obligations
Mandatory Reporting Obligations Where a Patient Has Been Sexually Abused
Mandatory Reporting Obligations: Termination / Resignation
ICRC Decision-Making Flow Chart
Regulation: Professional Misconduct Regulation 388/08
Legislation: Regulated Health Professions Act

To file a Mandatory Report:

Please send your report to the Registrar at:

College of Physiotherapists of Ontario
375 University Ave, Suite 800
Toronto  ON   M5G 2J5
 
Reports can be sent by fax to: 416-591-7758

File a Mandatory Report Online

For additional information contact:

Practice Advisor:
practiceadvice@collegept.org

416-591-3828 ext. 241
1-800-583-5885 ext. 241

Can’t find the answer you are looking for or need more information, contact the Associate, Professional Conduct at investigations@collegept.org or call 416-591-3828 ext. 227 or 1-800-583-5885 ext. 227.