Audiologists and Speech-Language Pathologists of Ontario Defence Lawyers

Audiologists and Speech-Language Pathologists, like many professionals in Canada, must be adequately educated, licensed and regulated by the province in which they practice. Each province regulates their professionals in their own way.

Each province in Canada is responsible for regulating the professionals working within that province. In Ontario, the College of Audiologists and Speech-Language Pathologists is responsible for regulating the practice of audiology and speech-language pathology. The practice of audiology refers to the assessment of auditory function and the treatment and prevention of auditory dysfunction to develop, maintain, rehabilitate or augment auditory or communicative functions, while speech language pathology involves the assessment of speech and language functions and the treatment and prevention of speech and language dysfunctions to develop, maintain, rehabilitate or augment oral motor communicative functions.

The aim of the College is to serve and protect public interest by providing quality service and practicing accountability and transparency among its’ members. There are several responsibilities the College bears, including, but not limited to: regulating the practice of the profession and governing its members according to the relevant rules and regulations, developing and maintaining standards of practice and professional ethics and establishing ongoing educational, developmental  and Quality Assurance programs.

The College is overseen by a Council composed of 9 members of the profession elected by their peers, 2 members from university communities and up to 7 members of the public, to be appointed by the provincial government.

Audiologists and speech-language pathologists are regulated by the College’s Code of Ethics and standards of practice, various legislations and the regulations made under them. Some of the legislations include: the Audiology and Speech-Language Pathology Act, 1991, Regulated Health Professions Act, 1991, Personal Health Information Protection Act, 2004. These rules and legislations will be discussed in further detail in later sections. As one of the College’s main responsibilities is to address concerns about audiologists and speech-language pathologists, the College also accepts formal complaints and investigates as necessary. If any professional misconduct is discovered, the College will also be the regulating body responsible for punishing the offending audiologist or speech-language pathologist.

Legal Information

Frequently Asked Questions

How are Audiologists and Speech-Language Pathologists Regulated?
The Complaint Process
What Happens when a Complaint is Filed?
Is Alternative Dispute Resolution Available?
What Happens at a Discipline Hearing?
What Types of Acts or Omissions Give Rise to Professional Misconduct Complaints?
What Penalties Can an Audiologists/Speech-Language Pathologist Face as a Result of a Complaint?
How to Defend a Formal Complaint Made to the College of Audiologists and Speech-Language Pathologists of Ontario?
When Must and Employer/Facility Make a Report to the College of Audiologists and Speech-Language Pathologists of Ontario?
When Must an Audiologists/Speech-Language Pathologist Self-Report to the College?
Sexual Abuse by Audiologists/Speech-Language Pathologists
Quality Assurance of Audiologists/Speech-Language Pathologists

How are Audiologists and Speech-Language Pathologists Regulated?

Audiologists and speech-language pathologists must abide the College’s Code of Ethics and standards of practice and bylaws, and are regulated by various legislations and regulations made under them. Some of the legislations include: the Audiology and Speech-Language Pathology Act, 1991, Regulated Health Professions Act, 1991, Personal Health Information Protection Act, 2004. The Audiology and Speech-Language Pathology Act, 1991 defines the scope of practice of audiology and speech-language pathology, the authorized acts under it and the composition and functions of the Council. The Regulated Health Professions Act, 1991 is applicable to all regulated health professionals in Ontario, and as such, governs audiologists and speech-language pathologists as well.  Audiologists and speech-language pathologists in Ontario must also comply with the Personal Health Information Protection Act, 2004 which establishes the rules surrounding the collection, use and disclosure of health information and the requirement for health professionals to maintain confidentiality.

The Complaint Process

Audiologists and speech-language pathologists, like any other professionals, owe a duty of care to their clients. Failure to discharge this duty of care may result in a formal complaint being filed with the College of Audiologists and Speech-Language Pathologists of Ontario. Anyone can raise a complaint about an audiologist/speech-language pathologist. Formal complaints can be filed with the College directly through fax, mail or email. The complaint should include: the name of the audiologist or speech-language pathologist, a detailed description of the events and concerns, the dates and locations of the event, names of any witnesses, and any relevant communication. The complaint should be written or recorded and there is no time limit on when a complaint may be filed.

If one wishes to discuss an issue and acquire more information or is unsure about making a complaint, they may contact the Director of Professional conduct and/or the Registrar.

What Happens When a Complaint is Filed?

Once the College of Audiologists and Speech-Language Pathologists of Ontario has received a formal complaint, they will respond to the complainant in writing within 14 days and the audiologist/speech-language pathologist will be provided with an opportunity to respond to the allegations within 30 days. The complaint will be handled by the College’s Inquiries, Complaints and Reports Committee (ICRC). The ICRC has 2 panels- one for audiologists and another for speech-language pathologists, and are each comprised of public and professional members who will review the complaint. If an investigation is necessary, the ICRC may engage a formal investigator or expert to give an opinion on the matter. After deliberation, the panel may make the following decisions:

  • Take no further action
  • Refer the audiologist/speech-language pathologist to the Discipline Committee
  • Refer the audiologist/speech-language pathologist to another panel of the ICRC for further investigation if they are incapacitated (suffering from a mental health or physical condition that may interfere with the ability to practice safely)
  • Order the audiologist/speech-language pathologist to appear before the panel to be cautioned
  • Require the audiologist/speech-language pathologist to participate in a Specified Continuing Education or Remediation Program in order to improve in their area of practice

The panel does not have authority to order refunds or direct the audiologist/speech-language pathologist to compensate the complainant. When a decision has been made, the panel will write to the audiologist/speech-language pathologist and the complainant with their decision.

It is important to note that a finding of professional misconduct can have very serious implications on an audiologist/speech-language pathologist’s ability to practice. Once an audiologist/speech-language pathologist becomes aware that a complaint has been filed, they are advised to contact qualified legal counsel as soon as possible. All members of the College of Audiologists and Speech-Language Pathologists of Ontario are entitled to have legal counsel present during all stages of the complaint process. Our Firm can help guide you through this process to ensure you receive the best possible outcome in your case.

Is Alternative Dispute Resolution Available?

Rather than following the College’s formal complaint process, most complaints may also be settled through a voluntary and confidential alternative dispute resolution process. However, this route is not available where the complaint relates to sexual abuse. Through alternative dispute resolution, a mediator will arrange a meeting between the complainant and audiologist/speech-language pathologist, together or individually, wherein the wishes of each party will be discussed. Although both parties are expected to participate in the proceedings in good faith, the ADR may also be terminated at any time.

Some outcomes that may be reached following the ADR include:

  • A letter acknowledging the incident and the difficulty it caused the patient, client or their family
  • Changes that the audiologist/speech-language pathologist will implement to improve their practice
  • An apology by the audiologist/speech-language pathologist
  • An acknowledgement by the complainant that the audiologist/speech-language pathologist acted appropriately or had not acted inappropriately
  • An agreement by the audiologist/speech-language pathologist that they will participate in remedial courses or educational programs related to the issues found in the complaint

What Happens at a Discipline Hearing?

If the ICRC forwards a complaint to the Discipline Committee, a formal hearing will take place. A formal hearing before the Committee functions very much like a legal proceeding and will include written and oral submissions, as well as cross examinations from witnesses and expert witnesses. After a full hearing, the Committee will come to a decision about the complaint. If you are in need of legal counsel for this process, Our Firm can help guide you to ensure you receive the best possible outcome in your case.

What Types of Acts or Omissions Give Rise to Professional Misconduct Complaints?

There are many different reasons why a client may wish to file a formal complaint against an audiologist/speech-language pathologist. Some examples include where the audiologist/speech-language pathologist has been:

  • Failing to maintain the standards of the profession
  • Abusing a client
  • Practising the profession while under the influence of any substance, or while suffering from illness or other dysfunction which the audiologist/speech-language pathologist knows or ought to known impairs their ability to practise
  • Discontinuing professional services that are needed unless the client consents or alternative services are available
  • Practising the profession while the audiologist/speech-language pathologist is in a conflict of interest
  • Failing to provide a truthful, understandable and appropriate explanation of the nature of an assessment, intervention, or other service following a client’s request for an explanation
  • Charging excessive fees

What Penalties Can an Audiologist/Speech-Language Pathologist Face as a Result of a Complaint?

As noted in previous sections, there are several courses of action the Committee may take, including: referring the audiologist/ speech-language pathologist to the Discipline Committee, referring the audiologist/speech-language pathologist to another panel of the ICRC for further investigation if they are incapacitated (suffering from a mental health  or physical condition that may interfere with the ability to practice safely), ordering the audiologist/speech-language pathologist to appear before the panel to be cautioned, requiring the audiologist/speech-language pathologist to participate in a Specified Continuing Education or Remediation Program in order to improve in their area of practice.

How to Defend a Formal Complaint Made to the College of Audiologists and Speech-Language Pathologists of Ontario

As with any legal matter, the best defence for a audiologist/speech-language pathologist facing a complaint will depend on the allegations made and the circumstances of the case. It is important to contact qualified legal counsel as soon as possible upon receiving notice that a formal complaint has been filed. In some cases, the allegations will be unfounded, or will not amount to professional misconduct. In these cases, an audiologist/speech-language pathologist may contend that they have not violated any of the rules or regulations governing the practice in Ontario. Where a more detailed response is needed, a common way to defend an allegation of misconduct is to argue that the audiologist/speech-language pathologist properly adhered to the duty of care required of them and has not committed at acts that violate the legislation, rules and regulations that govern the profession in Ontario. Whatever the case may be, the most ideal plan of defence is to contact qualified legal counsel as soon as possible to assist in drafting a response to the particular complaint that has been filed.

When Must an Employer/Facility Make a  Report to the College of Audiologists and Speech-Language Pathologists of Ontario?

The Regulated Health Professions Act, 1991 requires that employers and facilities who employ audiologists/ speech-language pathologists make a mandatory report to the College of Audiologists and Speech-Language Pathologists of Ontario where:

  • There is reasonable belief that the audiologist/speech-language pathologist has sexually abused a client
  • There is reasonable belief that the audiologist/speech-language pathologist is incompetent or incapacitated
  • The audiologist/speech-language pathologist’s employment have been terminated or privileges have been revoked, suspended or limited
  • The audiologist/speech-language pathologist has resigned, terminated or limited their practice due to professional misconduct, incompetence or incapacity.
  • A partnership, corporation or association with an audiologist/speech-language pathologist has been terminated due to issues related to professional misconduct, incompetence or incapacity

Employers or the Facility must make a report to the College of Audiologists and Speech-Language Pathologists of Ontario within 30 days of the incident, even if the audiologist/speech-language pathologist has already resigned.

When Must an Audiologist/Speech-Language Pathologist Self-Report to the College?

The Regulated Health Professions Act, 1991 mandates that  self-reporting is a legal requirement for all audiologists/speech-language pathologists. An audiologist/speech-language pathologist must self-report to the College of Audiologists and Speech-Language Pathologists of Ontario where:

  • There has been a finding of professional negligence or malpractice against an audiologist/ speech-language pathologist
  • The audiologist/speech-language pathologist is a member of another regulated professional body in or outside of Ontario
  • The audiologist/speech-language pathologist is facing proceedings for professional misconduct, incompetence or incapacity
  • The audiologist/speech-language pathologist has been charged with an offence
  • The audiologist/ speech-language pathologist has been found guilty for an offence or is subject to bail conditions

The self-report should contain: the audiologist/ speech-language pathologist’s name, a description of the offence or finding, the date on which the finding or charge was made, the name and location of the body who made the finding and the status of any appeal (if any). The self-report should be filed to the Registrar as soon as possible.

Sexual Abuse by Audiologists/Speech-Language Pathologists

The College of Audiologists and Speech-Language Pathologists of Ontario has a zero tolerance policy regarding sexual assault and abuse by audiologists/speech-language pathologists against their clients. If a client has experienced sexual abuse by an audiologist/speech-language pathologist, they may raise a complaint with the College, who will arrange a meeting with a staff member. The complainant may be accompanied by any individual of their choosing, including legal counsel. The College may also provide funding for therapy or counselling to eligible clients who allege sexual abuse by an audiologist/speech-language pathologist.

Quality Assurance of Audiologists/Speech-Language Pathologists

The College of Audiologists and Speech-Language Pathologists of Ontario maintains a Quality Assurance program in which the College will ensure that audiologists/speech-language pathologists are able to meet the standards of practice required by the College. This is achieved by ensuring audiologists/speech-language pathologists conduct reviews of the College’s professional standards and perform self-assessments, set learning goals to increase knowledge and maintain a competent practice, and take part in 15 hours of learning hours to achieve educational goals. The College will also facilitate random peer assessments of audiologists/speech-language pathologists to ensure that standards are met, as well as to identify areas for improvement.

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