mandatory reports
exercise their best efforts to advise the patient of the legal obligation to file the report before doing so. If the College becomes aware of a physician who has failed to make a mandatory report of sexual abuse, we have the authority to conduct an investigation, which may result in a finding of professional misconduct. In addition to a College investigation, the RHPA includes a fine for failure to report: up to $ 25,000 for a first offence, and $ 50,000 for a second or subsequent offence in the case of an individual. A facility operator may be subject to fines of up to $ 50,000 for a first offence, and up to $ 200,000 for a second or subsequent offence.
Below are some frequently asked questions about mandatory reports of sexual abuse:
1. Do I have to make a report if the alleged sexual abuse was by another regulated health professional, not a physician? Yes, the reporting duty arises regardless of whether the professional in question is a physician or another regulated health professional. Under the RHPA, a physician is required to file a report if he or she has reasonable grounds, obtained in the course of practising the profession, to believe that a physician or other regulated health professional has sexually abused a patient. Also, physicians who operate a facility, and have reasonable grounds to believe that a regulated health professional practising in the facility has sexually abused a patient, must file a report with the Registrar of the college to which the regulated health professional belongs.
2. What constitutes sexual abuse? The RHPA defines sexual abuse as:( a) sexual intercourse or other forms of physical sexual relations between the member and the patient,
( b) touching of a sexual nature, of the patient by the member, or
( c) behaviour or remarks of a sexual nature by the member towards the patient.
The RHPA also clarifies that“ sexual nature” does not include touching, behaviour or remarks of a clinical nature appropriate to the service provided.
3. What are“ reasonable grounds”? The information upon which a report is based must be more than mere suspicion, intuition or rumour. The information may come directly from the patient regarding a specific incident of sexual abuse. Alternatively, the information may be received from a credible third-party source. Either way, if based on the information received, you have reasonable grounds to believe that the patient has been sexually abused by a physician or another regulated health professional, a report must be made.
4. What if I learn of the sexual abuse while I am not practising the profession? The RHPA requires you to make a report about information you learned while practising the profession. This would include most information you receive at work, even if not in the context of a specific appointment with a patient. Although you are not required by law to report sexual abuse by a physician or other regulated health professional of which you became aware while in a social setting, for example, you may wish to make a report nonetheless in order to protect patient and public safety. Learning of sexual abuse while not practising the profession, however, may trigger other mandatory reporting duties, such as reporting requirements under the Child and Family Services Act. Physicians are advised to refer to the College’ s Mandatory and Permissive
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Dialogue Issue 4, 2016