mandatory reports
exercise their best efforts to advise the patient of the legal obligation to file the report before doing so . If the College becomes aware of a physician who has failed to make a mandatory report of sexual abuse , we have the authority to conduct an investigation , which may result in a finding of professional misconduct . In addition to a College investigation , the RHPA includes a fine for failure to report : up to $ 25,000 for a first offence , and $ 50,000 for a second or subsequent offence in the case of an individual . A facility operator may be subject to fines of up to $ 50,000 for a first offence , and up to $ 200,000 for a second or subsequent offence .
Below are some frequently asked questions about mandatory reports of sexual abuse :
1 . Do I have to make a report if the alleged sexual abuse was by another regulated health professional , not a physician ? Yes , the reporting duty arises regardless of whether the professional in question is a physician or another regulated health professional . Under the RHPA , a physician is required to file a report if he or she has reasonable grounds , obtained in the course of practising the profession , to believe that a physician or other regulated health professional has sexually abused a patient . Also , physicians who operate a facility , and have reasonable grounds to believe that a regulated health professional practising in the facility has sexually abused a patient , must file a report with the Registrar of the college to which the regulated health professional belongs .
2 . What constitutes sexual abuse ? The RHPA defines sexual abuse as : ( a ) sexual intercourse or other forms of physical sexual relations between the member and the patient ,
( b ) touching of a sexual nature , of the patient by the member , or
( c ) behaviour or remarks of a sexual nature by the member towards the patient .
The RHPA also clarifies that “ sexual nature ” does not include touching , behaviour or remarks of a clinical nature appropriate to the service provided .
3 . What are “ reasonable grounds ”? The information upon which a report is based must be more than mere suspicion , intuition or rumour . The information may come directly from the patient regarding a specific incident of sexual abuse . Alternatively , the information may be received from a credible third-party source . Either way , if based on the information received , you have reasonable grounds to believe that the patient has been sexually abused by a physician or another regulated health professional , a report must be made .
4 . What if I learn of the sexual abuse while I am not practising the profession ? The RHPA requires you to make a report about information you learned while practising the profession . This would include most information you receive at work , even if not in the context of a specific appointment with a patient . Although you are not required by law to report sexual abuse by a physician or other regulated health professional of which you became aware while in a social setting , for example , you may wish to make a report nonetheless in order to protect patient and public safety . Learning of sexual abuse while not practising the profession , however , may trigger other mandatory reporting duties , such as reporting requirements under the Child and Family Services Act . Physicians are advised to refer to the College ’ s Mandatory and Permissive
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Dialogue Issue 4 , 2016