Regulated Health Professionals Managing a Health Condition

When a professional feels unwell, whether because of a longstanding health condition, the cumulative effects of the pandemic and the changes in their life and practice, or a deterioration in their mental health or well-being, they may realize that they need to take a break from their practice. But when that professional is a regulated health professional, do they have professional obligations when making the decision to step away from their practice and/or employment? Do they need to tell their regulatory body or College about their leave or the changes in their physical or mental health? Will there be regulatory consequences to this decision? The short answer is yes, professional obligations need to be managed, but we can assist with this, and meeting regulatory obligations need not interfere with the professional taking a needed break or seeking assistance. This blog outlines some of the considerations for regulated health professionals when pausing their practice for health reasons.

Section 85.6 of the Health Professions Procedural Code[1] sets out what regulated health professionals must report to the Registrar of their College, and when. This reporting requirement is in place to help Colleges uphold their public protection mandate. According to the legislation, a change in one’s physical or mental health status is not  listed as a situation or event  that requires a registrant to self-report.

Generally speaking, Colleges are concerned about a registrant’s health to the extent that it may indicate whether the registrant is able to continue to practice safely and does not pose a risk to the public. Certain changes in one’s physical or mental health may impede a health professional’s ability to practice safely. This may ultimately pose a risk to patients or the public in general. In order to address this concern, Colleges set self-reporting expectations of their registrants, mandating the information that must be included in a report and the timeframe for making a report.

However, few Colleges explicitly require registrants to report changes in their mental or physical health. For example, the College of Registered Psychotherapists of Ontario (CRPO) requires registrants to report certain situations such as a finding of professional misconduct, incompetence, or incapacity.[2] Included in this list of mandatory self-reporting is the requirement for CRPO registrants to report an “event that would provide reasonable grounds for the belief that the registrant will not practise psychotherapy in a safe and professional manner”[3]. It is reasonable to interpret this catch-all scenario as requiring a registrant to report significant, notable, or serious changes in their physical or mental health or any other circumstance which may be viewed as reasonable grounds for the College to believe that a registrant is no longer able to practice safely and/or professionally. Even though the legislation does not specifically require health professionals to report changes to their physical or mental health, some Colleges require reporting any event that could reasonably impact their ability to continue to practice safely – potentially or actually – which would include certain changes to a person’s health.  

Regulated health professionals must file annual renewal forms to maintain their certificates of registration. These renewal forms typically ask registrants questions about changes to their registration, practice, health etc. and can be sources of stress for professionals managing health conditions. They can also be sources of future difficulties, as the failure to answer questions honestly on renewal forms can be investigated as professional misconduct. But annual renewal forms can also be viewed as  opportunities for a registrant to be forthcoming and honest about any notable changes in a registrant’s practice or employment and to disclose information about their health. Even if a registrant’s health condition does not interfere with their ability to practice in a safe and professional manner, Colleges prefer to learn information about changes in one’s practice, registration or health proactively, from the registrant directly, during the renewal process or otherwise. This indicates that the registrant is managing their health condition and are mindful of how it may influence their practice. If a College learns about a significant change to a registrant’s practice, employment, or health which was not disclosed on the annual renewal form, it may be challenging for the registrant to explain why they were not forthcoming with information when given the opportunity, particularly if the information relates to a mandatory report.

Essentially, annual renewal form questions provide registrants with an opportunity to answer the questions honestly and to report changes to one’s practice which may, from the College’s perspective, interfere with the registrant’s ability to continue to practice safely. Upon receiving this information, the Registrar will determine whether the information provided in the annual report (or the self-report) requires further follow up or further investigation. By knowing this inquiry may be forthcoming, registrants can be prepared with information regarding their condition, a plan for its management, and the steps the registrant is taking to ensure the safety of patients/clients or the public.

Registrants who are unsure how to answer the questions in their annual renewal form or whether they are required to report certain changes in their circumstances are encouraged to seek legal support. Health/regulatory lawyers can help registrants better understand their reporting obligations and specifically, what must be reported versus what may be reported and the possible outcomes of making such reports.  

[1] under the Regulated Health Professions Act, 1991, SO 1991, c 18.

[2] Registrants of the CRPO are also required to report a finding of guilt in relation to an offense in any jurisdiction; current offence or bail conditions; or a change in name or contact information. This list is not exhaustive.  

[3][3] College or Registered Psychotherapists of Ontario, Mandatory Reporting” online https://www.crpo.ca/mandatory-reporting/.