The employers and facilities who operate with the assistance and dedication of healthcare professionals are required to file a “Mandatory Report” in certain cases. These reports are most commonly made where a health professional is terminated for cause. Two types of mandatory reports are reviewed below.
Employer Reports
Mandatory reports are filed by employers to the Registrar of a College that is governed by the Regulated Health Professions Act, 1991.
A report must be filed if an employee (for instance, a nurse, pharmacist, psychologist, etc.) is terminated, or if that employee’s privileges are restricted, suspended or revoked, where the termination or alteration to privileges occurs as a result of either (i) professional misconduct, (ii) incompetence, or (iii) incapacity.
A mandatory report is similarly filed with the Registrar of a College where the member resigns or voluntarily relinquishes or restricts his or her privileges or practice for reasons of (i) professional misconduct, (ii) incompetence, or (iii) incapacity.
The employer must file the report within thirty (30) days of the termination, revocation, or suspension. The report sets out details regarding the alleged professional misconduct, incompetence or incapacity.
Facility Reports
An operator of a facility must file a report to the Registrar of a College that is governed by the Regulated Health Professions Act, 1991, under similar circumstances to those detailed above.
A facility operator must file a report where he or she has reasonable grounds to believe that the member, who is the subject of the report and who practices at the facility, is (i) incompetent, (ii) incapacitated, or (iii) has sexually abused a patient.
This report must be filed by the facility within thirty (30) days after the “obligation to report” arises. This report sets out an explanation regarding the alleged sexual abuse, incompetence or incapacity.
What Next?
After a mandatory report is filed, the Member will receive a copy of that report and will be given an opportunity to respond. A mandatory report can sometimes also trigger the appointment of an investigator by the College and ultimately a referral to the Discipline Committee or the Fitness to Practice Committee.
If you have received a copy of a mandatory report filed in relation to your conduct, or believe that a mandatory report will be filed, please book a consultation with one of our lawyers to discuss the best way forward.
By: Lisa Buckley -
