Employers have a mandatory duty to report if they revoke privileges or terminate/suspend a regulated health professional for reasons of professional misconduct, incompetence or incapacity.
85.5 (1) A person who terminates the employment or revokes, suspends or imposes restrictions on the privileges of a member or who dissolves a partnership, a health profession corporation or association with a member for reasons of professional misconduct, incompetence or incapacity shall file with the Registrar within thirty days after the termination, revocation, suspension, imposition or dissolution a written report setting out the reasons. 1993, c. 37, s. 23; 2000, c. 42, Sched., s. 36.
This obligation remains even if the regulated health professional resigned or relinquished any privileges prior to the employer having done so.
Facility operators have a mandatory duty to report if they suspect sexual abuse of a patient by a health professional, or if they suspect a health professional to be incompetent or incapacitated.
85.2 (1) A person who operates a facility where one or more members practise shall file a report in accordance with section 85.3 if the person has reasonable grounds to believe that a member who practises at the facility is incompetent, incapacitated, or has sexually abused a patient. 1993, c. 37, s. 23; 2007, c. 10, Sched. M, s. 61.
All regulated health professionals have a mandatory duty to report if they believe that another health professional has sexually abused a patient.
85.1 (1) A member shall file a report in accordance with section 85.3 if the member has reasonable grounds, obtained in the course of practising the profession, to believe that another member of the same or a different College has sexually abused a patient
To file a mandatory report, fill out the Mandatory Reporting Form and submit it by mail to: Intakes, Conduct Operations, 483 Huron St., Toronto, ON M5R 2R4 or by fax to 416-847-8499, or email to firstname.lastname@example.org.
If you require assistance, please contact the Intakes Team at (416) 962-4861 or Toll Free: 1-800-220-1921 ext. 3800 or email email@example.com. Please note that the College cannot assist employers, facility operators, or regulated health professionals in determining their legal obligation to make a mandatory report. If you are in doubt whether a mandatory report is required, you may wish to submit one and allow the College to assess the information contained within the report to determine if further action is required.