College of Respiratory Therapists of Ontario Defence Lawyers

Respiratory Therapists , like many other professionals in Canada, must be adequately educated, licensed and regulated by the province in which they practice. Each province will regulate 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 Respiratory Therapists is the regulatory body that makes sure public interest is protected through the regulation of its members through the delivery of high quality, safe, and ethical care to clients in Ontario. Respiratory therapists monitor, assess and deliver treatment to individuals who have breathing difficulties. Because respiratory therapy is a controlled profession, only those who are members of the College of Respiratory Therapists of Ontario are allowed to engage in the practice and use the titles of ‘Respiratory Therapist’ and ‘RT.’

Respiratory Therapists  must abide by the College of Respiratory Therapists of Ontario’s bylaws, policies, Code of Ethics, Standards for Practice, the Quality of Care Information Protection Act, and are regulated by the Respiratory Therapy Act , 1991 and the Regulated Health Professions Act, 1991. The College is also overseen by a Council (Board of Directors), composed of fellow respiratory therapists and members of the public, who make sure that decisions of the College are legislatively sound and are in accordance with the College’s policies.

Some functions of the College of Respiratory Therapists  include: developing standards of practice, establishing programs to allow members to continue learning and remain competent, promoting collaborations between the College and its stakeholders, as well as relations with other regulated health professions in Ontario. Another one of the College’s main responsibilities is to address complaints made about Respiratory Therapists. Thus, the College will also accept formal complaints and investigates as necessary. If any professional misconduct is discovered, the College will also be the regulating body responsible for punishing the respiratory therapist.

Respiratory therapists  must abide by the College of Respiratory Therapists  of Ontario’s bylaws, policies, Code of Ethics, Standards for Practice, the Quality of Care Information Protection Act, and are regulated by the Respiratory Therapy Act , 1991 and the Regulated Health Professions Act, 1991. The Respiratory Therapy Act, 1991 lays out the scope of practice of respiratory therapy and the authorized acts under it, as well as the functions of the College Council. The Regulated Health Professions Act, 1991 applies to all regulated health professionals in Ontario, including respiratory therapists.

Frequently Asked Questions

The Complaint Process
What Happens when a Complaint is Filed?
Can a Complainant/Respiratory Thereapists Appeal the ICRC’s Decision?
How Long Does it Take for a Complaint to be Processed?
Is Alternative Dispute Resolution Available?
What Happens at a Discipline Hearing?
What Happens if the ICRC finds the Respiratory Therapist to be Incapacitated or Unfit to Practice?
What Types of Acts or Omissions Give Rise to Professional Misconduct Complaints?
What Penalties can a Respiratory Therapist Face as a Result of a Complaint?
When Must an Employer/Facility Make a Report to the College?
When Must a Respiratory Therapist Self-Report to the College?
What Should a Report for Previous Negligence or Malpractice Contain?
Sexual Abuse by a Respiratory Therapist
Can a Respiratory Therapist Engage in a Relationship with a Client?

The Complaint Process

Respiratory therapists, like other regulated professionals, owe a duty of care to their clients. If there is a failure to discharge this duty of care, it could result in a formal complaint being filed with the College of Respiratory Therapists  of Ontario. A formal complaint can be filed with the College directly through a recorded format. The complaint should include: the complainant’s name, address and contact information, the name of the patient/client (if the complainant is submitting on behalf of someone else), the name of the respiratory therapist against whom the complaint is filed, the details of the complaint, including the specific concerns the complainant has about the respiratory therapists’ behaviour or treatment, the dates, locations and times of the events, the names and addresses of third parties who may have information regarding the complaint. Anyone can file a complaint and there is no time limit on when a complaint may be filed.

What Happens When a Complaint is Filed?

Once the College of Respiratory Therapists  of Ontario receives the complaint, the complainant will receive an acknowledgement, and the complaint will be forwarded to the Inquiries, Complaints and Reports Committee (ICRC). A smaller panel of the ICRC, comprised of at least 2 respiratory therapists and 1 member of the public will assess the complaint. The respiratory therapist against whom the complaint is lodged will also receive a copy of the complaint and be provided the chance to respond.

The Panel may conduct an investigation into the complaint, including engaging an investigator appointed by the Registrar to investigate further. This process may require interviews of witnesses, obtaining medical records and other documents,  as well as speaking with the respiratory therapist’s colleagues or employers.

After the investigation has ended, the Panel will review the relevant documents and findings of the investigation and make a decision as to how to proceed. Some actions the ICRC may take include:

• Taking no further action
• Issuing a written reminder or advice to the respiratory therapist
• Requiring the respiratory therapist to receive caution in person
• Referring the respiratory therapist to another panel of the ICRC for further investigation if they are found to be incapacitated or suffering from a mental health or physical condition that may interfere with their ability to deliver their practice safely.
• Requiring the respiratory therapist to complete a specified continuing education or remediation program
• Referring the complaint or matter to the Discipline Committee where there is an allegation of professional misconduct or incompetence
• Considering the complaint to be frivolous, vexatious or made in bad faith, and thus taking no action

The ICRC does not have the power to make findings of guilt or the ability to impose penalties on the respiratory therapist.

A finding of professional misconduct can have very serious implications on a Respiratory therapist’s ability to practice. If a respiratory therapist becomes aware that a complaint has been filed against them, they should not hesitate to contact qualified legal counsel as soon as possible. Members of the College of Respiratory Therapists 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.

Can a Complainant/Respiratory Therapist Appeal the ICRC’s Decision?

Where the complainant or respiratory therapist objects to the findings of the investigation or to the ICRC’s decision, they may request for a review by the Health Professions Appeal and Review Board, which is an independent board appointed by the Government of Ontario. The Board may:

• Agree with the College’s decision
• Direct the ICRC to re-examine the case
• Direct the ICRC to take a specific action, such as referring the respiratory therapist to the Discipline Committee

How Long Does it Take for a Complaint to be Processed?

The time frame under which a complaint will be processed will vary based on the circumstances. Typically, a decision will be rendered within 150 days from the date the complaint is received.

Is Alternative Dispute Resolution Available?

Where both parties are consenting, the Registrar may direct the complainant and respiratory therapist to engage in alternative dispute resolution to settle the issues that have arisen. This is an alternative route to the formal complaints process and allows the parties to resolve the issues in a way that is mutually acceptable. However, alternative dispute resolution is only available where the complaint has not been referred to the Discipline Committee, and the complaint does not involve an allegation of sexual abuse. The contents of the alternative dispute resolution will remain confidential.

What Happens at a Discipline Hearing?

If the ICRC forwards a complaint to the Discipline Committee, a formal hearing will then take place. This usually occurs where there are allegations regarding professional misconduct or incompetence, or other complaints of a similarly serious nature.  The discipline hearing will operate similar to a trial, with the College of Respiratory Therapists acting as a prosecutor, while the respiratory therapist is resented by their own lawyer. After hearing all the evidence, if the Discipline Committee finds that there has in fact been a case of professional misconduct or incompetence, they may:

• Reprimand the respiratory therapist
• Direct the Registrar to impose terms, conditions and/or limitations on the respiratory therapist’s ability to practice
• Direct the Registrar to suspend the respiratory therapist’s certificate of registration for a period of time
• Direct the Registrar to revoke the respiratory therapist’s certificate of registration
• Require the respiratory therapist to pay a fine of up to $35,000 to the Minister of Finance

An appeal of the decision can be made by way of application to the Superior Court of Justice (Divisional Court of Ontario). 

What Happens if the ICRC finds the Respiratory Therapist to be Incapacitated or Unfit to Practice?

Where the ICRC finds that the respiratory therapist may incapacitated or unfit to practice, they may refer the respiratory therapist to the Fitness to Practise Committee for an incapacity hearing. This will occur where the ICRC believes the condition is affecting the respiratory therapist’s ability to practice the profession safely and that they may pose a risk to the public.

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 a respiratory therapist. Some examples of incidents that give rise to a complaint may include:

• The respiratory therapist fails to maintain the standards expected of them by the profession
• The respiratory therapist abuses a client
• The respiratory therapist practices the profession while under the influence of a substance, or while knowingly suffering from an illness or other dysfunction that impairs their ability to practice
• The respiratory therapist discontinues urgent professional services without the client’s consent and there is a lack of alternative services are available
• The respiratory therapist practices the profession while in a conflict of interest
• The respiratory therapist fails to provide a truthful, understandable or appropriate explanation of the nature of an assessment, intervention, or other service after a request for an explanation
• The respiratory therapist is charging excessive fees in relation to the services being provided

What Penalties Can a Respiratory Therapist Face as a Result of a Complaint?

As noted in previous sections, there are several courses of action the ICRC may take, including: issuing a written reminder or advice to the respiratory therapist, requiring the respiratory therapist to receive caution in person, referring the respiratory therapist to another panel of the ICRC for further investigation if they are found to be incapacitated or suffering from a mental health or physical condition that may interfere with their ability to deliver their practice safely, requiring the respiratory therapist to complete a specified continuing education or remediation program, referring the complaint or matter to the Discipline Committee where there is an allegation of professional misconduct or incompetence.

The Discipline Committee may: reprimand the respiratory therapist, direct the Registrar to impose terms, conditions and/or limitations on the respiratory therapist’s ability to practice, direct the Registrar to suspend the respiratory therapist’s certificate of registration for a period of time, direct the Registrar to revoke the respiratory therapist’s certificate of registration, require the respiratory therapist to pay a fine of up to $35,000 to the Minister of Finance.

When Must an Employer/Facility Make a Report to the College of Respiratory Therapists  of Ontario?

The Regulated Health Professions Act, 1991 requires that employers and facilities who employ Respiratory therapists make a mandatory report to the College where:

• There is reasonable belief that the respiratory therapist has sexually abused a client or patient
• There is reasonable belief that the respiratory therapist is incompetent or incapacitated
• There is reasonable belief that the respiratory therapist has committed an act of professional misconduct
• The respiratory therapist’s employment has been terminated or privileges have been revoked, suspended or limited
• Any other disciplinary actions against the respiratory therapist

When Must a Respiratory Therapist Self-Report to the College of Respiratory Therapists  of Ontario?

Under the Regulated Health Professions Act, 1991, the College’s Standards of Practice, By-laws and Commitment to Ethical Practice, a respiratory therapist must report to the College where:

• The respiratory therapist has been found guilty of an offence or is subject to bail conditions or any other restrictions
• The respiratory therapist is a member of another professional body in any jurisdiction
• The respiratory therapist is being subjected to a proceeding for professional misconduct, incompetency for any profession in any jurisdiction
• The respiratory therapist is being disciplined, suspended or required to resign, terminated or subjected to any similar action at the place of their employment
• The respiratory therapist becomes aware of any unsafe practices, unprofessional conduct or incapacity by their co-workers

The mandatory report should be made as soon as possible after becoming aware of the circumstances. A failure to file a mandatory report could be viewed as an act of professional misconduct and may affect the respiratory therapists’ ability to practice.

What Should a Report for Previous Negligence or Malpractice Contain?

A report for negligence or malpractice should contain: the name of the reporter, a description of the offence or findings (including a copy of the written decision), the date of the charges, the name and location of the court where the charges were delivered or the specific bail conditions/restriction imposed, the status of the proceedings of the relevant charges or findings, and the status of any appeals launched for the guilty findings.

Sexual Abuse by a Respiratory Therapist

The College of Respiratory Therapists has a zero tolerance policy towards sexual abuse by respiratory therapists against their patients/clients. Where a respiratory therapist engages in acts such as touching a patient’s genitals or other body parts in a sexual nature, their Certificate of Registration will be mandatorily revoked. Where the respiratory therapist makes comments or remarks of a sexual antre, the respiratory therapists Certificate of Registration will be suspended for a period of time.

Respiratory therapists, facilities and employers must file a report where there are reasonable grounds to believe that a member of the College has sexually abused a patient. The report must be made in 30 days or immediately if there is belief that the respiratory therapist will continue to subject the patient/client to sexual abuse. The name of the patient/client who is being sexually abused must be excluded from the report unless their consent is obtained. A failure to file a mandatory report of sexual abuse could result in a fine of up to $50,000 for an individual or $200,000 for an employer or facility. However, where the identity of the member who may be sexually abusing a patient/client is unclear, there is no requirement to file such a report.

If the respiratory therapist has been found guilty of sexually abusing a patient/client, the College may pay for up to 200 hours of therapy for patients/client.

Can a Respiratory Therapist  Engage in a Relationship with a Client?

Engaging in sexual acts with a client can result in serious consequences, such as losing the ability to practice as a respiratory therapist in Ontario. Even after a client-respiratory therapist relationship has ceased, sexual interaction between a respiratory therapist and a patient/client is prohibited for at least a period of 1 year.