College of Occupational Therapists of Ontario Defence Lawyers

Occupational therapists, 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 Occupational Therapists oversees the profession of occupational therapy by establishing the standards and polices that occupational therapists must abide by, as well as holding them accountable for their actions. Because occupational therapy is a controlled practice, only those who are registered with the College of Occupational Therapists of Ontario are able to use the term ‘occupational therapist’ and engage in the practice of occupational therapy.

The College of Occupational Therapists of Ontario’s aim is to ensure that occupational therapists are competent, ethical, are able to maintain the trust of the public and treat everyone with dignity and respect. This is achieved through: establishing education and qualification requirements needed to practice occupational therapy within the province, issuing certificates of registration that allow occupational therapists to practice, establishing conditions and quality assurance programs that ensure occupational therapists maintain up-to-date and competent practices, developing standards of practice to be followed, investigating complaints transparently and fairly, holding discipline hearings and ordering penalties where there has been a breach in standards of practice.

The College of Occupational Therapists of Ontario is overseen by the College Council who is responsible for setting an overall strategy that the College will follow. The Council is comprised of professional members who are elected by their peers, public members who are appointed by the provincial government, as well as academic members who are appointed by the chairs of the occupational therapy programs from 5 universities in Ontario. Other everyday responsibilities will be in the hands of the College Registrar and other staff.

Occupational therapists regulated by the College of Occupational Therapists of Ontario must abide by the College’s bylaws, the Occupational Therapy Act, 1991, the Regulated Health Professions Act,1991 and the regulations made under the Acts (including Ontario Regulation 95/07 which lays out acts of professional misconduct). While the Regulated Health Professions Act, 1991 applies to all health professionals across Ontario, the Occupational Therapy Act, 1991 contains practices and regulations specific to the profession of occupational therapy. Occupational therapists must also comply with the Personal Health Information Protection Act, 2004. These legislations and regulations will be discussed in further detail in later sections.

Because occupational therapists are held to a high standard of care, the College also accepts formal complaints regarding occupational therapists. If professional misconduct is discovered, the College will also be the regulating body responsible for punishing the offending occupational therapist.

Legal Information

Frequently Asked Questions

Duties of Occupational Therapists?
How are Occupational Therapists Regulated?
The Complaint Process
What Happens When a Complaint is Filed?
Appealing an ICRC Decision
What Happens at a Discipline Hearing?
What Types of Acts or Omissions Give Rise to Professional Misconduct Complaints?
What Penalties Can Occupational Therapists Face as a Result of a Complaint?
How to Defend a Formal Complaint made to the College of Occupational Therapists of Ontario?
When Must an Occupational Therapist Self-Report to the College?
How Can a Mandatory Report be Made to the College?
Sexual Abuse by Registered Occupational Therapist
Occupational Therapists and Quality Assurance

Duties of Occupational Therapists

Occupational therapists have the duty to:

  • Provide services for patients and clients with the requisite standard of care
  • Report any suspected cases of child abuse and/or sexual abuse
  • Maintain the privacy and confidentiality of patients
  • Serve patients’ best interests by working with other professionals to provide the necessary care
  • Prioritize the needs of patients and clients by maintaining professional boundaries
  • Ensure that patients have provided consent before a treatment has begun
  • Continue to improve their skills and gain knowledge through attendance of various ongoing professional development programs
  • Hold the appropriate professional liability insurance
  • Maintain the required practice hours of 600 hours in 3 years
  • Keep the College of Occupational Therapists of Ontario updated on any changes in address, employment, email etc within 30 days of the change

How are Occupational Therapists Regulated?

Occupational therapists in Ontario are regulated by the College’s bylaws, the Occupational Therapy Act, 1991, the Regulated Health Professions Act,1991 and the regulations made under the Acts. While the Regulated Health Professions Act, 1991 applies to all health professionals across Ontario, the Occupational Therapy Act, 1991 contains the practices and regulations specific to the profession of occupational therapy.

The College of Occupational Therapists of Ontario’s bylaws contains rules on how the College should operate and rules pertaining to the College’s governance, including the structure of the Committee, appointments, elections, administration and regulatory functions. Among other things, the Occupational Therapy Act, 1991 defines the practice of occupational therapy and the acts that are authorized under its practice and the personnel of the College’s Council. Ontario Regulation 95/07, is one of three regulations made under the Act and provides for acts that would be considered professional misconduct. Some examples of professional misconduct include: contravening a standard of practice of the profession or failing to maintain the standards of the profession, abusing a client physically, verbally, psychologically or emotionally, doing anything to a client for therapeutic, preventative or other health related purposes without the informed consent of the client or their representative, engaging in conduct of a sexual nature with a client or with another member of the College of Occupational Therapists of Ontario, attempting to treat a condition that the member knows or ought to have known the occupational therapist does not have the ability to treat, discontinuing a professional service that is needed unless there are compelling reasons and/or arrangements for alternative services providing unnecessary treatment, signing or issuing a document in a professional capacity a document that the occupational therapist knows or ought to have known to be misleading or false, recommending/selling services or equipment for an improper purpose, practicing the profession where there is a conflict of interest, charging excessive fees in relation to the service that is provided and practicing the profession while the occupational therapist is knowingly impaired or adversely affected by a condition or dysfunction

Occupational therapists 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

Occupational therapists, like any professional, 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 Occupational Therapists of Ontario. Anyone can raise a complaint, either through fax, surface mail or email, to the College of Occupational Therapists of Ontario. The Complaint may be made in writing or on a recording, such as a video.

The complaint should include: the name of the occupational therapist and a statement outlining the complaint with as much detail as possible, the dates and location of service, the reason for the complaint and a description of any discussions with the occupational therapist about the concerns (if they have been raised). The complainant may also include supporting documents that are relevant to the complaint, including photographs or witness statements. There is no time limit on when a complaint may be filed.

What Happens When a Complaint is Filed?

Once the College of Occupational Therapists of Ontario has received a formal complaint, the College will provide the occupational therapist against whom the complaint is being made a copy of the complaint. The occupational therapist will have 30 days to respond in writing. The response will then be sent to the complainant, who will have 15 days to respond with additional information if necessary. The occupational therapist will be given the chance to respond to any new issues raised. Following this, the Inquiries, Complaints and Reports Committee (ICRC), composed of fellow occupational therapists and members of the public, will review the complaints and make a decision. The ICRC may also engage a lawyer or investigator in making the decision. The ICRC may come to any of the following decisions:

  • Decide not to investigate if the complaint is frivolous or made in bad faith
  • Take no action if the conduct of the occupational therapist was appropriate
  • Issue advice or recommendations to help the occupational therapist better understand how to better conduct themselves in the future
  • Order the occupational therapist to take part in self-study or be subject to practice monitoring
  • Require the occupational therapist to appear before the ICRC and be warned in person
  • Request an undertaking from the occupational therapist to improve or restrict their practice-this may also include the need for supervision, monitoring and/or further evaluation after completion
  • Order the occupational therapist to attend a continued education remediation program to improve their skills or practice
  • Require the occupational therapist to resign and never apply for reinstatement
  • Other appropriate actions that consistent with the Regulated Health Professions Act, 1991
  • Refer the case to the Discipline Committee (for a discipline hearing), another panel of the ICRC (to make health inquiries), or the Fitness to Practice Committee (if the occupational therapist is believed to be mentally/physically unable to practice)

It is important to note that a finding of professional misconduct can have very serious implications on an occupational therapists’ ability to practice. Once a member becomes aware that a complaint has been filed, they are advised to contact qualified legal counsel as soon as possible. Our Firm can help guide you through this process to ensure you receive the best possible outcome in your case.

Appealing an ICRC Decision

A complainant or an occupational therapist may request an appeal of the ICRC’s decision by making a case to the Health Professions Appeal and Review Board, which is a Board operated by the Ministry of Health and Long Term Care and independent of the College of Occupational Therapists of Ontario. After review, the Board may confirm part or all of the ICRC’s decision, or make other recommendations.

What Happens at a Discipline Hearing?

If the ICRC refers a complaint to the Discipline Committee, the occupational therapist who has been accused will be required to appear at a public discipline hearing. This hearing operates very much in much the same way as a court of law. The hearing will take place before a panel of members of the profession and members of the public. A discipline hearing is very serious and can result in a range of penalties, including: a reprimand, restrictions, terms, conditions or limitations imposed on the occupational therapists’ registration, a suspension or revocation of the occupational therapists’ certificate of registration. The occupational therapist may also be ordered to reimburse the College of Occupational Therapists of Ontario for any costs acquired in providing funding for counselling patients where the complaint is one alleging sexual abuse.

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

There are many different reasons a client may wish to file a formal complaint against their occupational therapist. Some examples include:

  • Contravening a standard of practice of the profession or failing to maintain the standards of the profession
  • Abusing a client physically, verbally, psychologically or emotionally
  • Doing anything to a client for therapeutic, preventative or other health related purposes without the informed consent of the client or their representative
  • Engaging in conduct of a sexual nature with a client or with another member of the College of Occupational Therapists of Ontario
  • Attempting to treat a condition that the member knows or ought to known the occupational therapist does not have the ability to treat
  • Discontinuing a professional service that is needed unless there are compelling reasons and/or arrangements for alternative services
  • Providing unnecessary treatment
  • Signing or issuing a document in a professional capacity a document that the occupational therapist knows or ought to have known to be misleading or false
  • Charging excessive fees in relation to the service that is provided
  • Practising the profession while the occupational therapist is knowingly impaired or adversely affected by a condition or dysfunction

What Penalties Can Occupational Therapists Face as a Result of a Complaint?

As noted in previous sections, there are several courses of actions that the ICRC may take, including: issuing advice or recommendations to help the occupational therapist better understand how to better conduct themselves in the future, ordering the occupational therapist to take part in self-study or practice monitoring , requiring the occupational therapist to appear before the ICRC and be warned in person, requesting an undertaking from the occupational therapist to improve or restrict their practice, ordering the occupational therapist to attend a continued education remediation program (SCERP) to improve their skills or practice, requiring the occupational therapist to resign and never apply for reinstatement, referring the case to the Discipline Committee (for a discipline hearing , another panel of the ICRC (to make health inquiries), Fitness to Practise Committee (if the occupational therapist is believed to be mentally/physically unable to practice),

The Discipline Committee may reprimand, impose restrictions, terms, conditions or limitations on the occupational therapists’ registration, suspend or revoke the occupational therapists’ certificate of registration, or order the occupational therapist to reimburse the College of Occupational Therapists of Ontario for any costs acquired in funding for counselling patients where the complaint is one alleging sexual abuse.

How to Defend a Formal Complaint made to the College of Occupational Therapists of Ontario?

The best defence for an occupational therapist facing a complaint will depend on the allegations that are being made and the facts of the case. It is important to contact qualified legal counsel as soon as possible upon receiving notice of a formal complaint. In some cases, the allegations against the occupational therapist will be unfounded, or will not amount to professional misconduct. In these cases, the occupational therapist may state that they have not violated any of the rules or regulations surrounding the practice of occupational therapy on 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 file. Our Firm can help guide you through this process to ensure you receive the best possible outcome in your case.

When Must an Occupational Therapist Self-Report to the College?

In Ontario, self-reporting is a legal requirement for all regulated occupational therapists. An occupational therapist must report to the College of Occupational Therapists of Ontario where:

  • There has been an event or circumstance that will affect the occupational therapist’s ability to practice occupational therapy safely and professionally
  • The occupational therapist is a member of another regulated professional body in or outside of Ontario
  • The occupational therapist is facing proceedings for professional misconduct, incompetence or incapacity
  • There has been a finding of professional misconduct, incompetence or incapacity
  • There has been a finding of professional negligence or malpractice against the occupational therapist
  • The occupational therapist has been charged with an offence
  • A court, justice of the peace, public authority, government agency or other lawful authority has imposed conditions on the occupational therapist, such as bail conditions
  • The occupational therapist has been found guilty for an offence

Employers, managers, associates or partners of the occupational therapist have a duty to report to the College of Occupational Therapists of Ontario where an occupational therapist has had their license revoked, have received an occupational therapists’ voluntary notice of resignation, voluntary restriction or relinquishing of privileges, or where there has been a dissolution of a partnership due to misconduct, incompetence, or incapacity.

Facility operators must make a report to the College of Occupational Therapists of Ontario where they believe a patient has been, or is being, sexually abused by an occupational therapist/other health regulated professional, or if there is reason to believe that a regulated  health professional maybe incompetent or incapacitated.

How Can a Mandatory Report be Made to the College of Occupational Therapists of Ontario?

Reports should be filed within 30 days of the incident, but must be made immediately if there is a reasonable belief that the occupational therapist/other regulated health professional will continue to sexually abuse a patient or that the their incompetence and/or incapacity will cause harm or injury to the patients.

Sexual Abuse by Registered Occupational Therapist

The College of Occupational Therapists of Ontario has a zero tolerance policy for sexual assault and abuse by occupational therapists against their patients. If a patient has experienced sexual abuse by an occupational therapist, they may raise a complaint with the College of Occupational Therapists of Ontario, who may also provide funding for therapy or counselling to eligible patients.

Occupational Therapists and Quality Assurance Programs

The Regulated Health Professions Act, 1991 mandates that the College of Occupational Therapists of Ontario have a quality assurance program to ensure that occupational therapists are able to deliver up to date, safe and ethical care, and the opportunity to reflect on their practice. All regulated occupational therapists must participate in quality assurance programs and comply with the program’s requirements. A declaration that the occupational therapist understands and will comply with the quality assurance program must be signed every year upon renewal of an occupational therapists’ license.

Where the occupational therapist has not met the requirements for the quality assurance programs, they will face a written warning. However, if this occurs again, the occupational therapist may be referred to the Quality Assurance Committee.  The occupational therapist may also be referred to the Quality Assurance Committee if they: fail to complete a requirement without valid reason, fail to complete a requirement in consecutive years, fail to complete 2 or more requirements in one year, fail to complete a requirement satisfactorily, have requested another extension or exemption after already being rejected, fail to complete a requirement by a new due date set by the Committee.

Based on the circumstances, some actions the Committee may take include:  granting or denying a request for extension or exemption, giving notice that the occupational therapist is required to complete quality assurance requirements by a certain date, asking the occupational therapist to sign a legal agreement declaring that they will comply with quality assurance requirements, or referring the matter to the ICRC.

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