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Professional Misconduct
Under the RHPA, members of the public may file a complaint with the College. The Complaints Committee conducts an investigation of the complaint and if the Committee determines that the MRT may have committed an act of professional misconduct, the complaint is referred to the Discipline Committee for a hearing.
Ontario Regulation 855/93 made under the MRT Act defines acts which are considered professional misconduct for MRTs. This regulation may be found in the Legislation, Regulations and Bylaws section or may be obtained from the College.
The College has developed procedures for handling accusations of professional misconduct which attempt to ensure that all information is discovered but remains confidential, that the interests of the public are protected... and, of course, that the MRT is treated fairly and with respect.
What is Considered Professional Misconduct?
In general, professional misconduct occurs through omission, the act of failing to do something required by the practice of our profession, or violation, doing something which violates the regulations governing our profession. There are two documents for determining omission and violation - the Standards of Practice developed by the College and the provincial regulations which govern the profession.
Professional misconduct covers many possible areas of complaint including:
- misconduct
- fraud
- misrepresentation
- sexual and other forms of abuse
Within these four general areas of complaint, there are a variety of specific actions which will be treated as professional misconduct and which could result in a complaint and/or discipline proceeding.
Misconduct
The greatest fear of any professional is that he or she may be found guilty of misconduct by peers. Thankfully, accusations that MRTs are guilty of misconduct are rare.
Most MRTs will understand misconduct to be "carelessly, negligently or unskillfully using ionizing radiation". But it also includes failure to:
- maintain the Standards of Practice of the profession
- keep records as required by regulation
- get consent for treatment from the patient
- reveal the nature of treatment if requested by the patient
Fraud
Specific sections of the regulations deal with what "fraud" means in the context of an MRT's practice. These sections are included in the regulations governing all regulated health professionals and were provided to the College by the provincial government.
- falsifying a record related to an MRT's practice
- trying to influence a patient to change his or her will or any other testamentary document
- signing or issuing a document that an MRT knows contains false information
Misrepresentation
One of the important gains that MRTs have made as a result of the RHPA is the clear identification of professional standing. No one may use the title "medical radiation technologist" or its abbreviations without being a member of the College.
The titles for medical radiation technologists' specialties and their abbreviations can be found here.
There are three classes of College certificates, although the "specialty" certificate is by far the most common:
- A "specialty" certificate which authorizes you to practise one or more of radiography, radiation therapy, magnetic resonance, and/or nuclear medicine
- Employment Specific - Radiography
- Employment Specific - Nuclear Medicine
It is important to recognize, in addition, that unless you have a certificate for a specific class you can not claim to be a practitioner in that professional discipline. For example, if you hold a certificate in radiography you are not allowed to practise in the specialty of radiation therapy or use the applicable designation or title.
Sexual Abuse
The College has adopted a policy of zero tolerance with respect to sexual abuse of patients. See the section on Sexual Abuse for further information on the College's Sexual Abuse Prevention Program. Sexual abuse includes.
- sexual intercourse or other forms of sexual relations
- touching of a sexual nature
- behaviour or remarks of a sexual nature
The RHPA makes it mandatory for members of a regulated health profession to file a written report with the Registrar of the College with respect to a member who is the subject of the report if you have reasonable grounds, obtained in the course of your practice, to believe that a patient has been sexually abused by any member of our College or any other College.
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