Who must report?

Mandatory reporting under the HPA is required by

• Employers of Health Professionals: this includes hospitals, clinics, and other healthcare facilities
  
  
• Health Care Professionals: Opticians and all other regulated health professionals have mandatory reporting obligations.
  
  
• Regulatory Bodies: As an organization that oversees opticians and investigates reporting, the COA has mandatory reporting obligations.

What must be reported?

Employers are required to report when they have reasonable grounds to believe a health professional:

• Engages in unprofessional conduct: this can be behaviour’s or actions by health professionals that fall below the standards or practice, compromises patient safety, or harms the integrity of the profession. This can include termination, suspension, or resignation of an employee because of conduct that in the opinion of the employer is unprofessional conduct.
  
  
• Is unable to practice safely: this includes concerns related to physical, mental, or emotional condition or disorder, or an addiction to alcohol or drugs that impairs the ability to provide professional services in a safe and competent manner.
  
  
• Is practicing beyond the scope of practice or outside their registration: this includes practice outside the limits of their professional qualifications or level of competence. It may include practicing outside of any conditions on a practice permit.

Specific Concerns: Sexual Abuse, Sexual Misconduct, and Female Genital Mutilation

• Sexual Abuse and Sexual Misconduct
  
  
  • These are particularly serious forms of unprofessional conduct that involve inappropriate behaviour of a sexual nature towards patients.
    
    
  • Employers must report any allegation or evidence of such behaviours to the Complaints Director immediately to protect patients and uphold the integrity of the profession.
    
    
• Female Genital Mutilation (FGM)
  
  
  • The practice of FGM is illegal in Canada and any healthcare professional who encounters a situation involving FGM must report it.
    
    
  • Employers are obligated to report any such instances to the Complaints director immediately.

Implications for Employers

• Legal responsibility
  
  
  • Failing to report allegations of sexual abuse, misconduct, or FGM can lead to significant legal repercussions, including penalties and liability from any harm that arises from inaction.
    
    
• Protecting Patients
  
  
  • Employers play a crucial role in safeguarding patients by reporting concerns about healthcare professionals. This helps ensure that only qualified individuals provide care and that patients feel safe in the environment.
    
    
• Promoting a Culture of Safety
  
  
  • Establishing a transparent environment where employees can report concerns without fear of retaliation fosters a culture of safety and accountability.
    
    
• Training and Policies
  
  
  • Employers should consider implementing a training program to educate staff about the reporting process, including how to handle allegations of sexual abuse, sexual misconduct, and FGM. Clear policies provide guidance to employees on their responsibilities and steps to take when concerns arise.

Mandatory reporting is vital for protecting public health and ensuring that health care professionals maintain high ethical standards. Employers must be proactive in reporting concerns related to unprofessional conduct, including sexual abuse, sexual misconduct, and practices like FGM.

By fulfilling these obligations, employers not only comply with legal requirements, but also contribute significantly to a safer and more trustworthy health care environment.