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.
Reporting is not required for employment-related reasons (e.g. issues such as lateness or personal incompatibility) that don’t compromise patient safety or contravene standards of practice.
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.
In addition to mandatory reporting obligations under legislation, pharmacists and pharmacy technicians also have obligations under the Code of Ethics. Under 2.18 “Members raise concerns to the appropriate authority if they reasonably believe human resources, policies, procedures, working conditions or the actions, professional performance or health of others may compromise patient care or public safety.”