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Mandatory Reporting by Employers and Healthcare Professionals

Under the Regulated Health Professions Act, 1991, also known as the RHPA, employers, facility operators and regulated health professionals must report certain information (see below) to the College.

What to Know

  • Mandatory reports must be made within 30 days of the incident. If more than 30 days have passed, please still send the report as quickly as possible.
  • We can’t help you to determine your legal obligation to make a report. If you are unsure whether a mandatory report is required, you can submit one and allow us to assess the information to determine if further action is required.
  • No action can be taken against anyone for filing a mandatory report in good faith. However, if you do not submit a mandatory report when required, it could result in fines of up to $25,000 for an individual or up to $50,000 for a corporation.
  • Pharmacists, pharmacy technicians, interns and intern technicians have additional self-reporting obligations.

All mandatory reports should be made using the Mandatory Reporting Form.

Download the Mandatory Reporting Form

Employer Obligations

Employers must report to the College if they revoke the privileges or terminate/suspend a registered health professional because of professional misconduct, incompetence or incapacity. The report must still be made even if the professional resigned or relinquished any privileges before the employer acted.

Employers do not have to report to the College if they revoke the privileges or terminate/suspend a registered health professional for employment-related reasons that don’t compromise patient safety or contravene the standards of practice. Employment-related reasons could include being late for work or personal incompatibility with coworkers.

As of October 1, 2024, the College eliminated the pharmacy student class of registration and no longer has oversight of students. Because of this, employers are not required to report termination of students (those enrolled in a pharmacy education program) to the College. Instead, the termination should be reported to the student’s educational institution.

Facility Operator Obligations

Facility operators must report to the College if they suspect that a registered health professional has sexually abused a patient.  They must also report if they suspect that a registered health professional is incompetent or incapacitated.

Health Professional Obligations

All regulated health professionals, including pharmacists and pharmacy technicians, must report to the appropriate College if they believe that another health professional has sexually abused a patient.

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FAQs

  • The Health Professions Procedural Code, being Schedule 2 of the Regulated Health Professions Act, 1991, defines the term “incapacitated” as meaning that a registrant is suffering from a physical or mental condition or disorder that makes it desirable in the interest of the public that the registrant’s certificate of registration be subject to terms, conditions or limitations, or that the registrant no longer be permitted to practise.

    A registrant with a physical or mental disability that has been properly addressed may not necessarily meet the definition of incapacitated; for example, a person who uses a wheelchair in an accessible workplace, or a person who has a mental health or substance use condition who takes appropriate measures to manage their condition may not meet the definition.

    Incapacitated registrants may suffer from:

    • Physical illness
    • Mental illness
    • Mood disorders
    • Substance use disorder
    • Certain physical, cognitive or sensory disabilities
    • Other

    Warning Signs

    Many professionals who suffer from substance use challenges or who have an emotional or psychiatric disorder may experience various levels of deterioration in different facets of their personal lives. They are often still able to function professionally when other parts of their lives are not functioning, as work is often the last place to deteriorate — especially if the incapacity involves drug use. As a result, a person’s incapacity may have already escalated to a significant degree before it is observed in the workplace. The following are some typical, well-documented, warning signs for behaviours of a registrant who maybe incapacitated:

    Physical changes

    • Change in appearance/poor hygiene
    • Tired appearance/insomnia
    • Frequent shaking and/or sweating
    • Loss of appetite/weight loss
    • Slurred speech

    Behavioural Changes

    • Mood swings
    • Memory loss or blackouts
    • Withdrawal from friends and social activity
    • Extreme anger, mistrust, anxiousness, depression, irritability
    • Frequent work breaks
    • Denial of having “problems” or need to be helped

    Performance Changes

    • Increased disorganization
    • Increased number of prescription errors
    • Increased number of customer complaints
    • Frequent absences
    • Lack of concentration or focus

    Narcotic Shortages of Narcotics or Controlled Substances (in the case of substance use challenges)

    • Shortages associated with the registrant ’s work schedule
    • The registrant asks to have special narcotic responsibilities
    • The registrant volunteers/asks to work shifts when the fewest staff are available
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