Registered Psychotherapists Defence Lawyers

Psychotherapists, 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 Registered Psychotherapists is responsible for regulating the practice of psychotherapy. The goal of the College of Registered Psychotherapists of Ontario is to ensure all members practicing psychotherapy are held to the highest professional standards of knowledge and integrity to ensure the highest quality of care. The College of Registered Psychotherapists of Ontario regulates its registrants in accordance with the Psychotherapy Act, 2007, the Regulated Health Professions Act, 1991 (RHPA) and the regulations and laws made under those acts.

These acts and regulations will be discussed in further detail later on. They ensure that College of Registered Psychotherapists of Ontario’s registrants are acting in the public interest and understand and comply with the professional, legal and ethical requirements that govern their practise. The College of Registered Psychotherapists of Ontario’s main goal is to protect public interest by: maintaining a public registrar of its members, investigating and addressing all complaints lodged against its registrants, providing funding for counselling of a client sexually abused by a psychotherapist, developing, establishing and maintaining requirements for registration and renewal of license, continuous development of Professional Practice Standards for Registered Psychotherapists and Code of Ethics, ensuring Quality Assurance and taking steps to prevent non-members from utilizing restricted files.

Those who are not registered with the College of Registered Psychotherapists of Ontario may not utilize the title of ‘psychotherapist’ as psychotherapy is a ‘controlled act’ that only individuals registered with the College of Registered Psychotherapists of Ontario may practice.  If you are unsure of whether you are performing the controlled act of psychotherapy, you may complete the Self-Assessment Tool by the College of Registered Psychotherapists of Ontario for your reference.

Psychotherapists in Ontario are regulated by the Psychotherapy Act, 2007, the Regulated Health Professions Act, 1991 (RHPA) and the regulations and laws made under those acts. The Psychotherapy Act 2007 is composed of 3 major sections: Professional Misconduct Regulation, Quality Assurance Regulation and Registration Regulation. The Professional Misconduct Regulation section contains acts that amount to ‘misconduct.’ Some examples include acts such as failing to maintain the standard of practice of the profession, abusing clients, doing anything to a client for therapeutic or health purposes without informed consent, failing to advise a client of their right to file a complaint with the College of Registered Psychotherapists of Ontario, charging excessive fees, etc.

The Quality Assurance Program’s aim is to promote a competent, equal and fair profession, promote interprofessional collaboration, address and incorporate changes in practice environments, technology and other issues within the Council’s discretion. It also holds that members must engage in self and peer assessment as well as maintain records of such reports. The Registration Regulation subsists of 2 sections. The first contains the types of psychotherapy certificates, requirements for registration and examinations and the process for moving from qualifying to registered psychotherapist, and how to re-activate a certificate once it has expired. The second contains subsections outlining circumstances which may lead to the suspension or revocation of a certificate and means for reinstatement.

Legal Information

Frequently Asked Questions

How are Psychotherapists Regulated?
The Complaint Process
What Happens when a Complaint is Filed?
What Happens at a Discipline Hearing?
What Types of Acts or Omissions Give Rise to Professional Misconduct?
What Penalties can Psychotherapists Face as a Result of a Complaint?
How to Defend a Formal Complaint made to the College of Registered Psychotherapists of Ontario?
Sexual Abuse by Registered Psychotherapists
When Must a Registered Psychotherapist Self Report?

How are Psychotherapists Regulated?

The Regulated Health Professions Act, 1991 is an Act which governs all regulated health professions in Ontario and contains 4 subsections and 2 schedules. The first subsection describes the make-up, qualifications and functions Health Professions Regulatory Advisory Council. Some of the Council’s duties are to advise the Minister of Health and Long-Term Care on the regulation/de-regulation of professions, the Quality Assurance Programs undertaken by Colleges and the effectiveness of patient relations programs. The second subsection outlines the role of the Health Professions Board, which includes the Board’s rights to engage third parties to carry out investigations in relation to registration hearings, complaint reviews or registration reviews. The third subsection contains medical procedures healthcare professionals are prohibited from engaging in. The fourth and final ‘Miscellaneous’ subsection provides for exemptions, offences, the responsibility of employers and employment agencies, etc. Finally, Schedule 1 lists health professions that are also self-regulated while Schedule 2 contains the Health Professions Procedural Code and includes processes for complaints and reports as well as the available means of discipline.

Psychotherapists 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.

Psychotherapy is a controlled act and those practicing the acts of psychotherapy must be registered with the College of Registered Psychotherapists of Ontario. Controlled acts of psychotherapy include: cognitive and behavioural therapies, experiential and humanistic therapies, psychodynamic therapies, somatic therapies, and systemic and collaborative therapies. Practitioners who are involved in treating persons through prayer/spiritual means or indigenous persons providing members of the indigenous community traditional healing remedies are exempt from College of Registered Psychotherapists of Ontario regulations.

The regulation of psychotherapists is also supplemented by the College of Registered Psychotherapists of Ontario by-laws which provides guidance on the College and Council’s operation.

The Complaint Process

Psychotherapists, like any other professional, owe a duty of care to their patients. Failure to discharge this duty of care may result in a formal complaint being filed with the College of Registered Psychotherapists of Ontario against the practicing psychotherapist. Formal complaints can be filed using the complaint form found on the College of Registered Psychotherapists of Ontario website. This complaint may be submitted by fax, email or surface mail. If the complaint is unable to be submitted in writing, it is possible to contact the College of Registered Psychotherapists of Ontario and discuss the complaint with its staff. The complaint should contain as many details as possible, the complainant’s anticipated outcome of the complaint, information of anyone who may have relevant information regarding the complaint and may also include supporting documents. There is no time limit on when a complaint can be filed.

What Happens when a Complaint is Filed?

Once the College of Registered Psychotherapists of Ontario has received a formal complaint by fax, email or surface mail, a staff member will contact the complainant to confirm receipt of the complaint, obtain clarification of the complaint (if any is necessary) and explain the complaint process. The psychotherapist will then be notified of a complaint within 14 days of the complaint. A copy of the complaint will be provided to the psychotherapist, who will then be allowed  a chance to respond. The response letter will be reverted to the complainant unless the complainant is not the client involved, or if the psychotherapist advises the College of Registered Psychotherapists of Ontario that the response may harm the complainant. An investigator may be appointed to investigate the complaint and speak to the complainant to learn more. The complainant may engage a lawyer, but legal representation is not necessary. Psychotherapists are reviewed by the Inquiries, Complaints and Reports Committee (ICRC), composed of fellow Psychotherapists as well as members of the public. The ICRC will screen the complaints and decide how the committee should deal with them. The committee may do the following:

  1. Take no action: Where the investigation finds that there is little to no risk to the public.

 

  1. Issue written advice: Where the investigation shows that the psychotherapist’s conduct requires some improvement. The College of Registered Psychotherapists of Ontario will not monitor the psychotherapist to see whether they will make these changes.

 

  1. Remedial agreement: Where the investigation shows a low risk, the College of Registered Psychotherapists of Ontario and may enter in an agreement with the psychotherapist in which the psychotherapist will agree to self-learning.

 

  1. Specified continuing education or remediation program (SCERP): Where a moderate risk to the public is found, the committee may order the psychotherapist to enter into a specific learning program in order to address the issues complained about.

 

  1. In-person caution: Where the committee finds a serious concern and that a psychotherapist may be a risk to the public, they will issue a caution to the psychotherapist in person and alert them that immediate improvement is necessary.

 

  1. Undertakings: Where the Psychotherapist poses a medium to high risk to the public, they may, in consultation with the College of Registered Psychotherapists of Ontario, voluntarily restrict their practices or resign and not reapply. The committee may also refer the psychotherapist to a discipline hearing.

 

  1. Referral to the Discipline Committee: Where the results of the investigation demonstrate a serious concern that poses a high risk to the public and there is evidence to support a legal hearing, the committee will refer the complaint to the Discipline Committee where a formal legal process will be commenced.

 

The above remedies may be used in combination if necessary. Note, the college does not have the direct authority to instruct the psychotherapist to provide compensation.

It is important to note that a finding of professional misconduct can have very serious implications on a psychotherapists’ ability to practice. Although a psychotherapist is not required to have a lawyer to respond to the complaint, it may be helpful to seek legal assistance. Our Firm can help guide you through this process to ensure you receive a favourable outcome in your case.

What Happens at a Discipline Hearing?

If a complaint investigation has been sent to the Discipline Committee, the psychotherapist who has been accused will be required to appear at a public discipline hearing. The hearing is open to members of the public and will be overseen by a panel of 3-5 Discipline Committee members. The College of Registered Psychotherapists of Ontario will be represented by a lawyer who will prosecute the case and the psychotherapist may choose to engage legal representation or choose self-representation. Pre-hearing conferences may take place in order to settle and simplify some issues before the official hearing. During the hearing, the Committee may also order witnesses to testify and provide information that is relevant. After all the evidence is presented and testimonies are heard, the Committee will come to a decision. There are several courses of action the Committee may take. The Committee may revoke the psychotherapist’s license, impose terms, conditions and limitations on the Certificate of Registration, require appearance before the court, invoke fines less than $35,000 and seek reimbursement for funding provided for complainant clients.

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

There are many different reasons a patient may wish to file a formal complaint against their psychotherapist. Some examples include: Doing anything to a client for health related purposes without the client’s consent, practicing the profession while the member’s ability to do so is impaired by any substance, abusing a client verbally, physically or emotionally, failing to keep records as required, falsifying records relating to the member’s practice, charging a fee that is excessive in relation to the service for which it was charged and/or engaging in conduct or performing an act, relevant to the practice of psychotherapy, that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.

What Penalties can Psychotherapists Face as a Result of a Complaint?

As noted in previous sections, there are several courses of action the Committee may take, including: revoking the psychotherapist’s license, imposing terms, conditions and limitations on the psychotherapists’ Certificate of Registration, requiring appearance before the court, invoking fines less than $35,000 and seeking reimbursement for funding provided for complainant clients.

How to Defend a Formal Complaint made to the College of Registered Psychotherapists of Ontario

Like any other legal matter, the best defence will mostly depend on the allegations being made and the facts surrounding the case. It is important to contact qualified legal counsel immediately after receiving notice that a formal complaint has been filed. Sometimes, the claims against the psychotherapist will be unfounded, or simply will not be tantamount to misconduct.

In these scenarios, the psychotherapist may state that they have not violated any of the rules or regulations surrounding the proper practice of psychotherapy in Ontario. Where a more substantive response is needed, a common way to defend an allegation of misconduct is to argue that the psychotherapist did not deviate from the applicable standard of care and because they had acted according to the duty of care, they sufficiently discharged their duty of care to the client.

Essentially, this means that the psychotherapist’s actions were necessary and appropriate in the circumstances and as a result they have not committed misconduct. Whatever the case may be, the best plan of defence is to contact qualified legal counsel as soon as possible to assist in drafting a response to the complaint that has been filed against you.

Sexual Abuse by Registered Psychotherapists

The College of Registered Psychotherapists of Ontario has a strong zero tolerance policy for sexual assault and abuse of clients by psychotherapists. Where a psychotherapist is found to have committed sexual abuse, they may face strict mandatory penalties and risk having their Certificate revoked. Further, even where the psychotherapist-client relationship has ended, the psychotherapist may not engage in sexual contact with the client for a period of at least 5 years. If a client has experienced sexual abuse by a psychotherapist, they may raise a complaint with the College of Registered Psychotherapists of Ontario, who will take necessary steps to address the allegation as well as work to maintain confidentiality and impartiality when dealing with the complaint. The College of Registered Psychotherapists of Ontario may also provide up to $16,000 over a 5-year period in therapy or counselling to clients who allege sexual abuse by psychotherapists.

When Must a Registered Psychotherapist Self Report?

Some things that psychotherapists must report to the College of Registered Psychotherapists of Ontario as soon as possible include: any finding of guilt for any offenses or professional misconduct, any current allegations of professional misconduct, negligence or malpractice, any previous license revocations in any jurisdiction and any events that may give rise to the possibility that the psychotherapist is unable to practise psychotherapy safely and/or professionally.

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