Psychotherapists Lawyer

Psychotherapists in Canada, like many other healthcare professions, must be properly educated, licensed, and controlled by their respective individual provincial governments. Every province has its own regulatory body. This is a way to make sure that professionals are following the relevant local regulations and expectations.

What is the Role of the College of Registered Psychotherapists of Ontario?

In Ontario, the College of Registered Psychotherapists of Ontario (CRPO) is the regulatory body for psychotherapists. The CRPO’s job is to ensure that all practicing members adhere to strict professional standards. The CRPO’s primary purpose is to retain public trust by ensuring that its members adhere to the highest standards of professionalism and ethics. The College functions within the framework established by the Psychotherapy Act, 2007 and the Regulated Health Professions Act, 1991 (RHPA). These pieces of legislation, along with associated regulations, help the CRPO enforce professional, legal, and ethical standards for psychotherapists in Ontario.

How Does the CRPO Protect the Public Interest?

To carry out its mandate of protecting the public interest, the CRPO conducts a number of key activities, including maintaining a public register of its members, investigating complaints filed against psychotherapists, providing support to clients who have been sexually abused by a psychotherapist, and developing stringent requirements for license registration and renewal. The College also regularly changes its Professional Practice Standards and Code of Ethics to reflect the changing demands of the profession. Furthermore, the CRPO requires members to engage in ongoing professional development and self-assessment in order to maintain high standards of care, and it actively attempts to prevent unlicensed individuals from practicing psychotherapy or using the title ‘psychotherapist.’

What Are the Controlled Acts in Psychotherapy?

Only those who have registered with the CRPO are authorized to perform the restricted act of psychotherapy. If you are unsure as to whether your activities fall within the controlled act of psychotherapy, you can use the CRPO’s Self-Assessment Tool to explain your tasks and determine if it would fall under a controlled act.

Psychotherapy practice in Ontario is governed by the Psychotherapy Act, 2007 and the Regulated Health Professions Act, 1991 (RHPA), which contain provisions governing professional misconduct, quality assurance, and registration procedures. The Professional Misconduct Regulation defines professional misconduct as failing to meet the profession’s standards of practice, assaulting or abusing clients, providing treatment without informed consent, or charging exorbitant and/or unreasonable costs.

Professional Regulation in Canada

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How Does the CRPO Ensure Quality and Professionalism?

The Quality Assurance Program is intended to promote the values of transparency, fairness, competence, and collaboration within the profession by requiring members to engage in self-evaluation and peer assessment programs. The Registration Regulation describes the various types of psychotherapy certificates, registration requirements, and the process of transitioning from qualifying to registered psychotherapist. It also specifies the situations under which a certificate may be suspended or revoked, as well as the procedures for reinstatement. It also encourages professional development opportunities and lifelong learning to maintain current skills in the profession of psychotherapy.

What Happens When a Complaint is Filed Against a Psychotherapist?

Psychotherapists owe a legal duty of care to their clients. Failing to meet this duty of care may result in a formal complaint being filed with the CRPO. Complaints can be filed by fax, email, or mail, and the CRPO will acknowledge receipt and clarify any information before commencing an investigation.

When the CRPO receives a complaint, it will contact the therapists involved within 14 days, providing them an opportunity to respond. An investigator may be delegated to gather extra evidence and documentation, and the complaint will be considered by the Inquiries, Complaints, and Reports Committee (ICRC). The ICRC can take a variety of actions, including offering written advice, imposing remedial agreements, or referring the case to the Discipline Committee for a formal hearing.

Understanding Workplace Investigations

What Are the Consequences of a Discipline Committee Hearing?

If a case is referred to the Discipline Committee, the accused psychotherapist must attend a public hearing. The CRPO will be represented by legal counsel, and the psychotherapist may choose to be represented by a lawyer or represent themselves. It is highly recommended for the psychotherapist to seek legal advice from an experienced lawyer, given how serious the legal and professional repercussions can be if a psychotherapist is found to have engaged in professional misconduct.

The Committee has the power to revoke licenses, impose conditions, order fines, and seek reimbursement for clients. Clients might choose to file complaints for various reasons, including unauthorized treatment, substance impairment, client abuse, record-keeping failures, and excessive fees. Each complaint is carefully evaluated by the CRPO to determine the appropriate response.

How Can Psychotherapists Defend Against Complaints?

The most effective defence approach against a complaint is determined by the nature of the charges and the unique facts of the case. In some cases, the psychotherapist may argue that they followed the applicable standard of care and performed their duties adequately. It is best to get legal advice as soon as a complaint is received to best ensure a well-prepared defence. The CRPO maintains a stringent zero-tolerance policy regarding sexual abuse by psychotherapists, with severe consequences including potential license revocation. Clients who have been abused can register a complaint with the CRPO, which handles such matters confidentially and impartially.

Furthermore, psychotherapists must report specific situations to the CRPO, such as findings of guilt for any offence, charges of professional misconduct, and any conditions that may jeopardize their ability to practice safely and professionally.

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Relevant Cases

Y.H.P. v College of Registered Psychotherapists of Ontario, 2018 CanLII 13140 (ON HPARB)

In this instance, the Health Professions Appeal and Review Board supported the College’s decision to deny Y.H.P.’s registration application under the Psychotherapy Act’s grandparenting provisions. Y.H.P., a grief counsellor and relationship counsellor with over ten years of experience, sought for registration. Y.H.P. had over 4,000 hours of Direct Client Contact (DCC). However, the College determined that her practice did not fulfill the necessary requirements for psychotherapy, particularly the “Safe and Effective Use of Self” (SEUS) competency, which is highly significant in the profession psychotherapy.

Although she gave proof of her skills and experience in the field of psychotherapy, the College found that Y.H.P.’s practice was more within the scope of counselling than psychotherapy because it did not fully demonstrate the competences required to protect public safety, as prescribed by the College. The Board agreed. They emphasized that, while Y.H.P. had extensive counselling experience, it did not meet the requirements for psychotherapist registration. As a result, Y.H.P. was informed that she could pursue registration through the usual path, which would entail completing recognized education and training and passing the registration exam.

S.C.W. v. College of Registered Psychotherapists of Ontario, 2017 CanLII 59600 (ON HPARB)

S.C.W., an experienced counsellor, applied to register as a psychotherapist under the Psychotherapy Act’s grandparenting provisions. S.C.W. had spent years providing rapid support therapy for groups such as the Ottawa Rape Crisis Centre and Ceridian Lifeworks, typically through single-session telephone interventions. However, the College questioned whether her experience matched the particular qualifications for psychotherapy, which stresses ongoing therapeutic connections that address cognitive, emotional, or behavioural illnesses and challenges.

Despite S.C.W.’s claim that single-session therapy is an effective form of psychotherapy, the College and the Health Professions Appeal and Review Board (HPARB) determined that her work did not adequately demonstrate the competencies required for safe and effective psychotherapy practice. The root of the problem was the nature of her work, which, while supportive and beneficial, did not meet the requirement of the long-term therapeutic bonds in psychotherapy.

The Board ultimately confirmed the College’s decision to reject her registration, underlining that, while S.C.W.’s counselling expertise was valuable, it did not fulfill the standards required for psychotherapist registration. The ruling left open the potential that she could qualify through the traditional registration process, which entails finishing an approved academic program and passing the registration exam.

K.E.K. v College of Registered Psychotherapists of Ontario, 2017 CanLII 74374 (ON HPARB)

K.E.K., a counsellor with extensive experience and religious-based education, applied for registration as a psychotherapist under the grandparenting provisions of the Psychotherapy Act. K.E.K. cited his degrees and certifications from institutions like Great Plains Baptist University and Master’s International School of Divinity, and his work in Christian counselling and pastoral care. However, the College of Registered Psychotherapists of Ontario raised concerns about the legitimacy and accreditation of these institutions, which were not recognized by relevant accrediting bodies.

Despite being asked to provide a credential assessment through World Education Services, K.E.K. declined, stating that he had financial limitations. Not only this, but he also did not provide sufficient explanations for his training in “safe and effective use of self,” a highly significant competency in psychotherapy, or sufficient details about his direct client contact hours. The College found that the education and training K.E.K. had received did not meet the required standards for safe and effective practice as a psychotherapist. Consequently, the Registration Committee refused his application for registration.

K.E.K. appealed the judgment to the Health Professions Appeal and Review Board, claiming that his credentials were legitimate and that his practice satisfied the required requirements. However, the Board affirmed the College’s decision, concluding that K.E.K. lacked the necessary competences for safe practice. The Board highlighted that the candidate must present verified, detailed documentation of their qualifications. Without this, K.E.K. was judged ineligible for registration as a psychotherapist under the grandparenting route, but he was not barred from seeking registration through the regular method, which would necessitate more training and evaluation.

About the Author

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Jordan Donich

Jordan Donich has been a Lawyer for over 10 years and is a trusted legal analyst by Canadian Media. He is as a leader in Canada’s tech sector for lawyers and developer of Law Newbie. Jordan is a Black Belt with the Japan Karate Association and trained in Krav Maga. He won a Gold Medal at 2004 Canadian National Championships and was published in the National Newspaper Awards.

Jordan has been featured in Forbes and is a member of DMZ Angels in Toronto.