File a Mandatory Report

Mandatory reporting refers to the obligation for Massage Therapists, other regulated health professionals, employers and facility operators to report certain information to CMTO. Mandatory reporting is one of the ways CMTO fulfills its role to protect the public’s interest and to maintain the public’s trust in Massage Therapy.

File a Mandatory Report

Reporting Obligations for Employers and Facility Operators

Employers/facility operators of regulated health professionals, such as Massage Therapists, must submit a report within 30 days to the practitioner’s college whenever they:

• Terminate the employment of a practitioner for reasons of professional misconduct, incompetence or incapacity;
• Revoke, suspend or impose restrictions on the privileges of a practitioner for reasons of professional misconduct, incompetence or incapacity;
• Dissolve a partnership, a health profession corporation or association with a practitioner, for reasons of professional misconduct, incompetence or incapacity;
• Have reasonable grounds to believe that a health professional who practices at the facility is incompetent, incapacitated or has sexually abused a patient/client.

The employer/facility operator also has an obligation to file a report if the practitioner resigns or voluntarily restricts their practice to avoid the actions defined above.

Reporting of sexual abuse, professional misconduct, incompetence and incapacity can be complex and sensitive.

Facility owners and employers are encouraged to develop policies that help guide individual RMTs in how they are to handle these situations. In particular, CMTO suggests that policies be put in place defining who is responsible within the organization for preparing the report for filing with CMTO.

Further details about each of these reporting requirements, including preparing the report and information about the review and investigation process, are found in the accompanying Mandatory Reporting Guidelines document.

Reporting Obligations for RMTs

Circumstances requiring mandatory reporting by RMTs include:

Reporting of others:

• Suspected sexual abuse – A written report must be filed within 30 days if you have reasonable grounds, obtained in the course of your practice, to believe that a patient/client has been sexually abused by an RMT or by another regulated health professional.
• Suspected child abuse or neglect – The Child and Family Services Act (CFSA) requires RMTs (as professionals performing professional or official duties with respect to children) to report on suspected cases of abuse or neglect.
• Suspected elder abuse – Under the Nursing Homes Act, if you suspect that a resident of a nursing home has suffered or may suffer harm because of unlawful conduct, improper or incompetent treatment of care or neglect, you must report the suspicion immediately to the Director of Nursing Homes.
• Privacy breach – Under the Personal Health Information Protection Act (PHIPA), if you are a health information custodian (HIC), you must file a report to the Information and Privacy Commissioner of Ontario when a privacy breach occurs.

Further details about each of these reporting requirements, including preparing the report and information about the review and investigation process, are found in the accompanying Mandatory Reporting Guidelines document.

File a self-report

Self-reporting:

You must file a written report as soon as reasonably possible if any of the following conditions apply to you:

• You have been charged with an offence (this includes municipal by-law infractions and offences under the Highway Traffic Act such as speeding tickets). Your report should include information about every bail condition or other restriction imposed on, or agreed to by you in connection with the charge;
• You have been found guilty of an offence (made by a court or in a civil proceeding or lawsuit);
• There is a change in the status of a finding of guilt as the result of an appeal;
• You have a finding of professional negligence or malpractice made against you;
• You have a finding of professional misconduct, incompetence or incapacity made against you by a body that regulates a profession inside or outside Ontario.