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Mandatory reporting clarifications

Employers, facilities and MLTs have a number of mandatory reporting obligations set out in the Regulated Health Professions Act (RHPA). The Long-Term Care Homes Public Inquiry established on August 1, 2017, following Elizabeth Wettlaufer’s conviction for offences she committed while working as a registered nurse in Long-Term Care Homes, has put employer and facility reporting obligations in the news. The CMLTO has received many questions as a result of this media coverage. Employers, facilities, and MLTs are seeking clarification about what must be reported when and whether these obligations are affected in any way by union processes.

Employers

Every person, other than a patient, who employs or offers privileges to an MLT or associates in partnership or otherwise with an MLT for the purpose of offering health services, must file a report with the College if they:
  • terminate an MLT’s employment
  • revoke, suspend, or imposes restrictions on the privileges of an MLT
  • dissolve a partnership, a health profession corporation, or association with an MLT
for reasons of professional misconduct, incompetence, or incapacity.

A report must also be filed with the CMLTO if an MLT resigns, or voluntarily relinquishes or restricts their privileges or practice if there are reasonable grounds to believe that the resignation, relinquishment, or restriction is related to the member’s professional misconduct, incompetence or incapacity, or if it takes place during the course of, or as a result of, an investigation conducted into allegations related to professional misconduct, incompetence, or incapacity.

Employers must file these reports within 30 days.

Facilities

A person who operates a facility where one or more MLTs practise must file a report if the person has reasonable grounds to believe that an MLT who practises at the facility is incompetent, incapacitated, or has sexually abused a patient.

Facilities must file theses reports within 30 days unless there are reasonable grounds to believe that the MLT will continue to sexually abuse the patient or will sexually abuse other patients, or that the MLT’s incompetence or the incapacity is likely to expose a patient to harm or injury and there is urgent need for intervention, in which case the report must be filed immediately.

MLTs

MLTs must file a report if they have reasonable grounds, obtained in the course of practising the profession, to believe that another MLT or a member of a different College has sexually abused a patient. The report must be filed within 30 days unless there are reasonable grounds to believe that the MLT or other regulated health professional will continue to sexually abuse the patient or will sexually abuse other patients, in which case the report must be filed immediately. The report should not contain the patient’s name unless the MLT has the patient’s written permission to do so.

Members are also required to file a self-report to the CMLTO whenever they:
  • have been found guilty of an offence
  • have a finding of professional negligence or malpractice made against them
  • are a member of another body that governs a profession inside or outside of Ontario
  • have a finding of professional misconduct or incompetence made against them by another body that governs a profession inside or outside of Ontario
  • have been charged with an offence, and the report shall include information about every bail condition or other restriction imposed on, or agreed to, by the member in connection with the charge.
All self-reports must be made as soon as reasonably feasible.
Below are some of the most frequently asked question regarding mandatory reports.

What if the MLT grieves the discipline imposed through their union?

Grievances filed by MLTs regarding the discipline imposed by employers do not affect an employer’s obligation to make the report within the required time period. The CMLTO’s processes are separate and distinct from the processes under a collective bargaining agreement. If the employer is aware that a grievance has been filed, this information can be included in the report.

What happens once a mandatory report is filed?

All mandatory reports are acknowledged and any additional information required is requested from the reporting party. If the mandatory report is from an employer or facility, the MLT who is the subject of the mandatory report is advised of the report and given an opportunity to make submissions regarding the report. All of the information received is considered by the Registrar & CEO who determines the next steps, if any.

What are the possible outcomes from a mandatory report?

In the case of reports from employers or facilities, the Registrar & CEO may do any of the following:
  • Conclude the matter with no further action.
  • Issue reminders or recommendations to the MLT.
  • Ask the MLT to sign an appropriate Acknowledgment & Undertaking.
  • Request the Inquiries, Complaints & Report Committee (ICRC) to approve the appointment of an investigator to conduct an investigation. The report from a completed investigation is dealt with by the ICRC
When an MLT self-reports a charge, bail conditions, a finding of guilt for an offence, registration in another jurisdiction, or findings of professional misconduct, incompetence or professional negligence, the RHPA requires that this information be recorded on the MLT’s Public Register profile.

Who can I contact if I have more questions about mandatory reports?

For more information about mandatory reports, please contact Tina Langlois, Director of Professional Conduct by phone at 416.861.9605 or toll-free in Canada at 1.800.323.9672, extension 224, or by email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

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