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CRPO Exam Lab

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CRPO Exam Lab

Canada Therapy & Wellness

Printable sheet

canadatherapy.ca/crpo/sheets/reporting

Reporting duties, on one page

What to report, to whom and how fast, when you may disclose to prevent harm, and what stays confidential.

Child protection (CYFSA s. 125)

  • Reasonable grounds to suspect, for a child under 16, any situation in s. 125 (1) (harm, abuse, neglect, or their risk): report immediately to a children's aid society.
  • Report the suspicion and its basis; do not investigate first.
  • Yours alone, and ongoing: nobody reports for you; each new ground, a new report.
  • 16 or 17: no duty; you may report on the grounds in paras. 1 to 11 (s. 125 (4)).
  • It overrides confidentiality and PHIPA. Telling the client is your judgment; never if it raises the risk to the child.

College reports (Code; O. Reg. 317/12)

  • An unsafe practice incident by another RP, on reasonable grounds: report to CRPO promptly, naming no client without consent.
  • You run a facility: report a member there you believe incompetent, incapacitated or to have sexually abused a patient: in writing, 30 days, forthwith if urgent.
  • You end a member's employment or partnership for misconduct, incompetence or incapacity: report to their Registrar, in writing, within 30 days.
  • Yourself, in writing, as soon as reasonably practicable: a finding of guilt, a charge and bail conditions, a negligence finding, another regulator's finding; also tell CRPO of any other regulator's membership.

Sexual abuse of a patient (Code ss. 85.1, 85.3)

  • Reasonable grounds to believe, gained in your practice, that a member of any Ontario health college, or a registrant of the Health and Supportive Care Providers Oversight Authority, sexually abused a patient.
  • In writing to that member's college Registrar (or the Authority) within 30 days, or forthwith if more abuse is likely.
  • The client is named only with their written consent; otherwise, report without the name.
  • Grounds from your client: use your best efforts to tell them of the duty before you file.

Risk of serious harm (PHIPA s. 40 (1))

  • You may disclose if you believe on reasonable grounds it is necessary to eliminate or reduce a significant risk of serious bodily harm. No statute requires it, but CRPO says an imminent risk may bring a duty to warn: get legal advice.
  • Smith v. Jones: weigh clarity (an identifiable person or group), seriousness (death or serious bodily harm, psychological included, para. 83) and imminence.
  • Assess first, consult early, tell the client where safe, then disclose only what the risk needs to whoever can reduce it. Document why.

Care homes (FLTCA s. 28; RHA s. 75)

  • Anyone with reasonable grounds to suspect improper care, abuse, neglect or unlawful conduct that harms or risks harm to a resident, or misuse of their money, reports immediately.
  • Long-term care home: the Director, Ministry of Long-Term Care. Retirement home: the Registrar, Retirement Homes Regulatory Authority.

Courts, and what stays confidential

  • A summons or subpoena: attend with what it names. It is not authority to hand the file to a party: legal advice, tell the client, let the court rule.
  • A court order: comply, to the extent of its terms.
  • A past crime with no ongoing risk, a capable adult abused by a partner, a relative's question: confidential without consent, absent another duty or permission.

Suspect, for children. Believe, for colleagues. Permitted means judgement: disclose the minimum.