Mandatory reporting ensures that the College is alerted if there is a concern that a dental technologist is not practising safely for reasons of professional misconduct, sexual abuse, incompetence or incapacity. It allows the College to address potential risks to the public, investigate the concerns and take appropriate action which is in keeping with its public protection mandate.
The Ontario government has legislated a mandatory reporting framework in its Regulated Health Professions Act , 1991 (RHPA) which requires all health care professionals, employers and facility operators file a written report.
Who is required to report and on what?
Operators of facilities where dental technologists practise, employers of dental technologists, dental technologists and health information custodians are required to file a written report to the College when specific matters come to their attention.
- Facility operator is the individual who operates a facility, such as a dental clinic or dental laboratory, where one or more dental technologists practise. The facility operator must report the sexual abuse of a patient or non-patient by a dental technologist and a dental technologist who is incompetent or incapacitated.
- Employers are required to report the termination of a dental technologist’s employment or privileges for reasons of professional misconduct, incompetence or incapacity. They must also file a report if the dental technologist resigns first or if an alternate agreement is made with the dental technologist.
- Dental Technologists are members of the College and are required to file a report to the appropriate regulatory college if they believe that another health care professional has sexually abused a patient or non-patient.
- Health information custodian is defined under the Personal Health Information Protection Act (PHIPA) as anyone who is authorized to collect, use, retain and disclose a patient’s personal health information. A health information custodian must file a report to the College when a dental technologist who is under their employ resigns or is terminated, suspended or is subject to disciplinary action as a result of the unauthorized collection, use, disclosure, retention or disposal of a patient’s personal health information.
When does the obligation to report arise?
Facility operators, employers, health professionals and health information custodians are required to file a mandatory report within 30 days of when they become aware of the matter and obligation to report arises. However, reports must be made immediately when an individual has reasonable grounds to believe that:
- the health professional will continue to sexually abuse the patient or non-patient, or
- the incompetence or the incapacity of the health professional is likely to expose the patient or non-patient to harm or injury, and there is urgent need for intervention.
Individuals who fail to make a mandatory report are guilty of an offence and on conviction are liable to a fine up to $50,000 while corporations may be fined up to $200,000.
To help dental technologists, employers, facility operators and health information custodians, the College has developed a Mandatory Reporting Form. Use this form when filing your report and return it to the College by mail or fax.
Dental technologists must self-report to the College if she or he:
- has been found guilty of any offence in any jurisdiction;
- has been charged with any offence in any jurisdiction;
- has a finding of professional negligence and/or malpractice;
- has a finding of professional misconduct, incompetence or incapacity or any similar finding, in relation to the practice of dental technology or any other profession in any jurisdiction; and/or
- is the subject of a current investigation, inquiry or proceeding for professional misconduct, incompetence or incapacity or any similar investigation or proceeding in relation to the practice of dental technology or any other profession in any jurisdiction.
The College expects dental technologists to self-report a finding or the initiation of a proceeding in another jurisdiction within 30 days to the College.
For assistance or more information on Mandatory Reporting and Self-Reporting, email the College at email@example.com or call 416 438-5003 ext. 229 (toll-free in Ontario 1 877 391-2386).