Conflict of interest and undue influence

1What it is

• A situation that could interfere with your professional judgment, judged by what an informed reasonable person would conclude.
• Actual, potential or perceived; nobody has to prove your judgment was compromised.
• Acting while in a conflict of interest is misconduct (O. Reg. 317/12, s. 1, para. 16).

2Standard 1.6

1. Assess the potential for conflicts with each client on an ongoing basis.
2. Judge, clinically and ethically, whether continuing care is appropriate.
3. Disclose the conflict to the clients involved, unless that would breach confidentiality or harm a client.
4. Manage and mitigate it in the way that best protects the client, if care continues.
5. Avoid acting in a conflict that could be detrimental to client care.
6. Refer effectively if you end services because of it.

3Money and benefits

• No benefit for referring a client, even to a related person or corporation, and no commissions (1.9.4).
• No benefit offered for receiving a referral.
• No gifts to keep a client coming when a third party pays; a small health-promoting item is fine.
• No materials or equipment in return for using or recommending a supplier; nominal samples are fine.
• Pay a reasonable market rate for premises and equipment.

4Arrangements and products

• No agreement that stops you putting clients first, such as one treatment for every client.
• Share revenue only with another registrant, a regulated health professional, a health professional corporation, a social worker or social service worker, or someone whose written contract leaves you in control of your professional decisions.
• Selling or recommending a product sold on your premises: tell the client they may buy it elsewhere without affecting care, and give a written description.

5Clients who know each other

• Treating clients who know each other is often acceptable, but when one discusses the other you may not serve both equally.
• Take care, and avoid treating people who are in conflict with one another.
• Weigh objectivity, confidentiality, fair limits, redirecting talk, comparable services, the client's stability.

6Small communities

• A community, of any kind, where a dual relationship is impractical or impossible to avoid; the conflict may be unavoidable and must be managed.
• Raise it at intake, with how any conflict will be handled.
• Watch for power carrying over from therapy into social relationships.

7Undue influence (1.8.3)

• Using your position in a way that reduces the client's autonomy and advances your agenda.
• Do not unduly influence clients or those close to them (personal decisions, wills, powers of attorney).

8When in doubt

• Weigh mitigating and aggravating factors.
• Seek advice from a clinical supervisor, peers, legal counsel or CRPO.
• Document the disclosure and the safeguards.