Mandatory Reporting
What Physiotherapists are Legally Required to Report to their College
Regulated health professionals, including physiotherapists and those who work with or employ them have legal and ethical obligations to make reports to the College of Physiotherapists of Ontario and other colleges and agencies as required under the Regulated Health Professions Act. See a list of types of mandatory reports below.
What Happens When the College Receives a Report?
Not every report that the College receives requires a formal investigation. The Registrar reviews each report that is received along with any information about the physiotherapist that the College may have previously received and assesses the level of risk posed to the public. The Registrar then determines an appropriate regulatory response.
Failure to file a mandatory report is an offence, which may be punishable by a fine of up to $25,000 by the government and constitutes professional misconduct.
Mandatory Reports to the College and Other Organizations
This list does not include every obligation nor should it be considered legal advice.
Reports that Must Be Filed with a Regulatory College
WHAT to Report
If you learn that a physiotherapist or other regulated health care provider may have sexually abused a patient or been engaged in a relationship with a former patient (who was discharged from care within the last year), a report must be filed with the College of the health care provider. The report must include the name of the provider who may have abused the patient and can only include the name of the patient if the patient has provided their consent.
Sexual Abuse:
- sexual intercourse or other forms of physical sexual relations between the registrant and the patient,
- touching, of a sexual nature, of the patient by the registrant, or
- behaviour or remarks of a sexual nature by the registrant towards the patient.
WHO Must Report Physiotherapists
- Physiotherapists if they learn of the abuse.
- Facility Operators and Employers (Including physiotherapists who operate a facility or workplace where one or more regulated health professional practice).
- Any regulated health care provider who becomes aware of a patient being sexually abused by a physiotherapist or another regulated health care provider.
WHERE to Report
Reports about physiotherapists can be made to the College by emailing investigations@collegept.org.
Reports about other regulated health care providers can be sent to their regulatory College. See a complete list of Colleges.
WHEN to Report
As soon as possible but no later than 30 days of becoming aware of the information.
WHAT to Report
A report must be filed with a regulatory College if a physiotherapist or other regulated health care provider may be incompetent or incapacitated, meaning that they are dealing with a health condition that is affecting their ability to provide safe patient care or their lack of knowledge, skills, or judgement is negatively affecting patient care.
WHO Must Report
- Employers
- Facility Operators (Including physiotherapists who operate a facility where one or more regulated health professional practice).
WHERE to Report
Reports about physiotherapists can be made to the College by emailing investigations@collegept.org.
Reports about other regulated health care providers can be sent to their regulatory College. See a complete list of Colleges.
WHEN to Report
As soon as possible but no later than 30 days of becoming aware of the information.
WHAT to Report
When a physiotherapist’s (or other regulated health care provider) employment / association with a company is terminated for reasons of professional misconduct, incompetence or incapacity.
When a physiotherapist (or other regulated health care provider) ends their association with a company while they were in a progressive discipline process, performance enhancement process or facing termination.
WHO Must Report
Employers / Facility Operators (Including physiotherapists who employ other physiotherapists) or Organizations with which the PT / regulated health care provider was professionally associated with.
WHERE to Report
Reports about physiotherapists can be made to the College by emailing investigations@collegept.org.
Reports about other regulated health care providers can be sent to their regulatory College. See a complete list of Colleges.
WHEN to Report
As soon as possible but no later than 30 days of becoming aware of the termination / resignation.
WHAT to Report
If a physiotherapist becomes aware that an individual, including a PTA, is pretending to be a physiotherapist in Ontario.
WHO Must Report
Physiotherapists
WHERE to Report
Reports about individuals who are holding themselves out as a physiotherapist can be made to the College by emailing investigations@collegept.org.
WHEN to Report
As soon as possible after becoming aware of the information.
WHAT to Report
ALL OFFENCES, including:
- Charges under the Criminal Code of Canada (as of July 1, 2015)
- Findings under the Criminal Code of Canada (as of July 1, 2015)
- Charges under the Health Insurance Act (as of July 1, 2015)
- Findings under the Health Insurance Act (as of July 1, 2015)
- Charges under the Controlled Drug and Substances Act (as of May 1, 2018)
- Findings under the Controlled Drug and Substances Act (as of May 1, 2018)
In addition to all bail conditions / court restrictions and changes to bail conditions / court restrictions.
WHO Must Report
Physiotherapists who have been charged or found guilty must report this information to the College.
This requirement applies to all regulated health care providers in Ontario.
WHERE to Report
Physiotherapists can report this information to the College by emailing investigations@collegept.org.
WHEN to Report
As soon as possible after the charge or finding in addition to reporting during the annual renewal process.
Note: the report of charges cannot be delayed until after the court matter / trial has been completed.
WHAT to Report
If you hold a certificate of registration with another regulatory body in / outside of Ontario and you go through a hearings process at the conclusion of which there is a finding of professional misconduct, incompetence, or incapacity you must report this information to the College.
WHO Must Report
Physiotherapists who have been found guilty of professional misconduct or to be incapacitated or incompetent in another regulated profession / in another jurisdiction.
This requirement applies to all regulated health care providers in Ontario.
WHERE to Report
Physiotherapists can report this information to the College by emailing investigations@collegept.org.
WHEN to Report
As soon as possible after the finding is made in addition to reporting during the annual renewal process.
WHAT to Report
If a physiotherapist has been found guilty of malpractice or negligence in a court of law (settlement agreements are not included) this must be reported to the College.
WHO Must Report
Physiotherapists who have been charged or found guilty must report this information to the College.
This requirement applies to all regulated health care providers in Ontario.
WHERE to Report
Physiotherapists can report this information to the College by emailing investigations@collegept.org.
WHEN to Report
As soon as possible after the finding is made in addition to reporting during the annual renewal process.
WHAT to Report
Where a PT has been disciplined, suspended, had their employment terminated or a business affiliation with a PT has ended because of unauthorized collection, use, disclosure, retention, or disposal of personal health information.
OR
The physiotherapist resigns because of these concerns.
OR
There are events that led to a loss or unauthorized use or disclosure of personal health information by a physiotherapist.
WHO Must Report
Health Information Custodians (Including physiotherapists who are HICs).
WHERE to Report
Reports about physiotherapists can be made to the College by emailing investigations@collegept.org.
AND
A report must be made to:
The Information and Privacy Commissioner.
WHEN to Report
Within 30 days of the disciplinary action, resignation or disclosure taking place.
Permissive Reporting Obligations:There are circumstances where the disclosure of personal information is permitted by law or based in professionalism and ethics. Physiotherapists have discretion in this context and are expected to rely upon their professional judgment when assessing the appropriateness of disclosing information.
Reports Required by Other Organizations
WHAT to Report
A suspicion that a child is or may need protection.
WHO Must Report
Physiotherapists
WHERE to Report
A children’s aid society (CAS)
WHEN to Report
Immediately on becoming aware of the information.
WHAT to Report
A suspicion that a resident of a long-term care or nursing home or retirement home has suffered harm or is at risk or may be harmed due to improper or incompetent treatment or care, unlawful conduct, abuse, or neglect.
WHO Must Report
Physiotherapists
WHERE to Report
The Registrar of the Retirement Homes Regulatory Authority
Phone: 416-440-3570
Toll-Free: 1-855-ASK-RHRA (1-855-275-7472)
Email: info@rhra.caAND
Director—Ministry of Health and Long-Term Care
WHEN to Report
Immediately on becoming aware of the information.
WHAT to Report
Privacy breaches, including the unauthorized use or disclosure of personal information or the loss or theft of personal health information. The report must inform the affected person of their right to make a complaint to the Information and Privacy Commissioner of Ontario.
WHO Must Report
Health Information Custodians (Including physiotherapists who are HICs).
WHERE to Report
The person whose information is affected.
WHEN to Report
At the first reasonable opportunity.
Permissive Reporting Obligations: There are circumstances where the disclosure of personal information is permitted by law or based in professionalism and ethics. Physiotherapists have discretion in this context and are expected to rely upon their professional judgment when assessing the appropriateness of disclosing information.
WHAT to Report
Belief that personal health information was:
- used or disclosed without authority;
- stolen;
- will be further used or disclosed without authority;
- lost or there was unauthorized use of personal health information that is part of a pattern of similar conduct;
- whether the loss or unauthorized use or disclosure of personal health information is significant
WHO Must Report
Health Information Custodians (Including physiotherapists who are HICs).
WHERE to Report
The Information and Privacy Commissioner
WHEN to Report
At the first reasonable opportunity.
Permissive Reporting Obligations: There are circumstances where the disclosure of personal information is permitted by law or based in professionalism and ethics. Physiotherapists have discretion in this context and are expected to rely upon their professional judgment when assessing the appropriateness of disclosing information.
WHAT to Report
The discipline, suspension, or termination of employment of an individual, other than a regulated health care provider because of unauthorized collection, use, disclosure, retention, or disposal of personal health information.
WHO Must Report
Health Information Custodians (Including physiotherapists who are HICs).
WHERE to Report
The Information and Privacy Commissioner
WHEN to Report
At the first reasonable opportunity.
Permissive Reporting Obligations: There are circumstances where the disclosure of personal information is permitted by law or based in professionalism and ethics. Physiotherapists have discretion in this context and are expected to rely upon their professional judgment when assessing the appropriateness of disclosing information.
WHAT to Report
A statistical report setting out the number of times in the previous calendar year that personal health information was stolen, lost, used without authority, or disclosed without authority.
WHO Must Report
Health Information Custodians (Including physiotherapists who are HICs).
WHERE to Report
The Information and Privacy Commissioner
WHEN to Report
March 1 of each year.
Permissive Reporting Obligations: There are circumstances where the disclosure of personal information is permitted by law or based in professionalism and ethics. Physiotherapists have discretion in this context and are expected to rely upon their professional judgment when assessing the appropriateness of disclosing information.
WHAT to Report
The Personal Health Information Protection Act, 2004 (PHIPA) permits the disclosure of personal health information to prevent harm in some circumstances.
PHIPA permits disclosure when a regulated health professional believes disclosure is necessary to eliminate or reduce significant risk of serious bodily harm to themselves or others. The following circumstances may warrant the disclosure of information to reduce or eliminate risk of harm:
- there is a clear risk to an identifiable person or a group of persons;
- there is a risk of serious bodily harm or death; and
- the danger is imminent.
WHO Must Report
Physiotherapists and other regulated health care providers
WHERE to Report
The appropriate authority(ies), (e.g., Ontario Provincial Police(OPP))
WHEN to Report
Immediately on becoming aware of the information.