All health professionals who are regulated under B.C.’s Health Professions and Occupations Act (HPOA) have a professional, ethical and legal responsibility to report any unsafe practice of any other regulated health practitioner.
The duty to report under the HPOA applies across professions. This means that a professional who is licensed with one regulatory college is legally required to report a professional from any regulatory college (including their own).
Regulated health professionals are legally required to report if they have reasonable grounds to believe that the continued practice of another regulated health professionals presents a possibility of harm to the public or other health care providers.
Reportable issues may cover a wide range of fitness to practice, conduct and/or competence concerns including sexual misconduct, sexual abuse and discrimination. The consent of the patient/individual or their parent/guardian must be obtained before a regulated health professional can make a report regarding sexual misconduct, sexual abuse and discrimination.
For full detail on what is reportable under duty to report, refer to Division 6 of the Health Professions and Occupations Act.
It can be a difficult decision to decide whether to report a colleague to their regulatory body. A duty to report can be triggered by “reasonable grounds” that a reportable situation exists. Such grounds exist when a health professional believes there is a reliable basis for their suspicion and when a reasonable person in our society would also believe that the evidence supports such a belief.
If a health professional is concerned, they should contact the college of the professional in question to obtain clarification about the situation, or to determine if it is necessary to make a formal report. Making an inquiry (without specifying the name of the practitioner) does not automatically turn into a formal report.
In non-emergency circumstances that concern potentially substandard practice, it may be appropriate to contact the professional directly for clarification before deciding whether a report to their regulatory college is necessary. BCCOHP occasionally receives complaints from dentists about colleagues that are founded on simple misunderstandings that could have easily been clarified without the need to report to BCCOHP.
No. The HPOA provides immunity to health professionals who comply with the duty to report as long as the report is made in good faith and is based on reasonable grounds.
A health professional is in violation of the law if they do not meet their legal, professional or ethical responsibility to report a practitioner under the HPOA’s duty to report requirements.
In addition, the practitioner may be subject to disciplinary measures taken by their regulatory college and may also be the subject of a complaint filed by the college to which the professional with the impairment, ailment, addiction or ethical issue belongs.
It is understandable that a professional may wish to protect their identity when reporting a fellow practitioner, as this may be an uncomfortable situation; however, the duty to report is a legal obligation that is necessary for the protection of the public. A regulatory report may not be made anonymously, but an application for an identity protection order may be made in accordance with section 235 of the HPOA.
Regulatory bodies investigate and assess reports submitted under the duty to report based on the protection of the public, the maintenance of public confidence in professions and the legitimate expectations of complainants, professionals and the public that allegations will be fairly assessed and investigated.
While public safety is always the primary concern, B.C.’s health regulators also strive to respect the dignity and privacy of the health professional. Appropriate treatment and medical monitoring may be put in place if warranted.
Where you are required to make a report, you must submit the report to the regulatory body by which the health professional is licensed. Professionals are advised to contact the college of the individual they are reporting to discuss the format and procedure for submitting their concern. A list of BC’s health regulatory colleges is maintained by the Ministry of Health here. If you are reporting to BCCOHP under duty to report, please reach out to Registrar’s Office at registrarsoffice@oralhealthbc.ca or 672-202-0448 (toll-free within Canada: 1-888-202-0448).
In a situation where several practitioners share a concern, they may submit one report. However, the report must be signed by all the practitioners submitting it.
