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Mandatory Reports
Introduction
Mandatory reporting refers to the obligation under the Regulated Health Professions Act (RHPA) and the Health Professions Procedural Code for Medical Radiation Technologists (MRTs), employers and facility operators to file written reports to the College in a number of circumstances as outlined here.
Mandatory reporting is considered an essential professional obligation because it is the best means of ensuring that instances of professional misconduct, professional incompetence or sexual abuse or concerns regarding incapacity are brought to the attention of the College. It is the responsibility of the College to review or investigate any report in the context of its self-regulatory role to protect the public from harm.
As health professionals, MRTs may also have mandatory duties to report information to named officials or agencies under other pieces of provincial legislation. For example, Section 72 of the Child and Family Services Act outlines the public and professional’s duty to report a child in need of protection if he or she has reasonable grounds to suspect abuse as defined under that Act. These Acts also define to whom health care professionals are required to report.
However, this publication is focused solely on the duties that MRTs must fulfill to report actions and behaviours to the College.
Importance of Departmental Policies re: Reporting
Reporting of sexual abuse and employment terminations based on professional misconduct, incompetence or incapacity can be complex and sensitive. Facility operators and department managers are encouraged to develop policies that help guide individual MRTs in how they are to handle these situations.
In particular, the policies should define who is responsible within the organization for preparing the report for filing with the College Registrar.
Sexual Abuse
The College publishes a more detailed description of its program to prevent sexual abuse, and the expectations of MRTs under the RHPA and the Health Professions Procedural Code with respect to suspected sexual abuse, in its What You Must Know About . . . Sexual Abuse.
However, it is mandatory under the RHPA for an MRT to file a written report to the College if the MRT has reasonable grounds, obtained in the course of his or her practice, to believe that a patient has been sexually abused by any member of the CMRTO or by any member of another health regulatory college.
Specifically, if an MRT believes a patient has been sexually abused, then he or she must:
- Submit a written report within 30 days to the Registrar of the College representing the profession of the person who is the subject of the report (Written reports should not be submitted by email since they must be signed.)
- Submit the report immediately if there is reason to believe the abuse will continue, or abuse of other patients will occur
It is compulsory for MRTs to file a report of sexual abuse of a patient, unless the MRT does not know the name of the member who would be the subject of the report. In fact, failure to do so when there are reasonable grounds to believe the abuse has occurred is an offence under the Health Professions Procedural Code, and can lead to severe penalties.
Terminations
Under Section 85.5 of the Health Professions Procedural Code, a report must be sent to the College by the employer whenever the employer:
- Terminates the employment of a practitioner, for reasons of professional misconduct, incompetence or incapacity
A report must also be sent to the College whenever a person:
- Revokes, suspends or imposes restrictions on the privileges of a practitioner, for reasons of professional misconduct, incompetence or incapacity
- Dissolves a partnership or association with a practitioner, for reasons of professional misconduct, incompetence or incapacity
The employer or other person also has an obligation to file a report if the practitioner resigns to avoid the actions defined above.
Again, the report must be filed within 30 days of the action. (Written reports should not be submitted by email since they must be signed.)
Determining Professional Misconduct, Incompetence or Incapacity
Sometimes members of the College have difficulty determining what constitutes professional misconduct, incompetence or incapacity.
In general, professional misconduct results from a failure to do something required by the practice of our profession or doing something which violates the regulations or standards of practice governing our profession.
The means for assessing whether any conduct or action constitutes professional misconduct are the College's Standards of Practice and the provincial regulations which govern the profession, including the professional misconduct regulation of the College.
Both incompetence and incapacity are defined in the Health Professions Procedural Code. Incapacity occurs when a professional “is suffering from a physical or mental condition or disorder that makes it desirable in the interest of the public that the member no longer be permitted to practise or that the member's practice be restricted.”
Incompetence occurs when a professional's care of a patient displays “a lack of knowledge, skill or judgment or disregard for the welfare of the patient of a nature or to an extent that demonstrates that the member is unfit to continue to practise or that the member's practice should be restricted.”
Rules for Filing Reports
Sexual Abuse
Section 85.3 of the Health Professions Procedural Code outlines in detail the processes and rules for submitting a report of sexual abuse to the College Registrar. Here are some important points to remember:
- A report must be filed in writing with the Registrar of the College of the member who is the subject of the report
- If you are required to file a report because of reasonable grounds obtained from one of your patients, you must use your best efforts to advise the patient of the requirement to file the report before doing so
- Reports must be filed with the appropriate College Registrar within thirty days after the obligation to report arises, unless there are reasonable grounds to believe the member will continue to sexually abuse the patient or
will sexually abuse other patients, in which case the report must be filed immediately
- The report must contain
- the name of the person filing the report
- the name of the member who is the subject of the report
- an explanation of the alleged sexual abuse
- The report must also contain the name of the patient who may have been sexually abused if the patient consents in writing to his or her name being reported
Terminations
Section 85.5 of the Health Professions Procedural Code provides the following rules for submitting a report regarding termination of employment or the other actions described above:
- A report must be filed in writing with the Registrar of the College of the member who is the subject of the report
- A report must be filed with the appropriate College Registrar within 30 days after the termination of employment, revocation, suspension or imposition of restrictions on privileges or dissolution of the partnership
- A report must set out the reasons
A report should also contain full details of the concern including:
- A summary of the nature of the concern
- A description of the details of the conduct in issue
- A list of the individuals who witnessed the conduct
- A copy of the policies of the facility (or partner) that apply to the conduct
- The response of the practitioner to the concern
- The action taken by the facility (or partner)
A person filing a report in good faith under these provisions of the Health Professions Procedural Code is given legal protection from an action or other proceeding against him or her for doing so.
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