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Ontario jurisprudence, on one page
The Psychotherapy Act and the controlled act, the RHPA basics, and the mandatory reports with their trigger, who reports, to whom and when, with the sections.
Study aid, not legal advice.Last verified against the official sources linked below on .
Psychotherapy Act, 2007
- Scope (s. 3): assessing and treating cognitive, emotional or behavioural disturbances by psychotherapeutic means, through a therapeutic relationship.
- Authorized act (s. 4): members may perform the controlled act of psychotherapy, subject to the terms, conditions and limitations on their certificate.
- Titles (s. 8): only members use "psychotherapist", "registered psychotherapist" or "registered mental health therapist"; RHPA s. 33.1 lets four other colleges' members say "psychotherapist", on conditions.
RHPA basics
- Nobody performs a controlled act in providing health care unless authorized by a health profession Act, or delegated (s. 27 (1)).
- Psychotherapy is the fourteenth controlled act (s. 27 (2), para. 14); communicating a diagnosis (para. 1) is a separate one, not authorized to RPs.
- Exceptions include first aid in an emergency and a student meeting registration requirements under supervision (s. 29 (1)).
- No treatment seeking to change the sexual orientation or gender identity of anyone under 18, unless they are capable and consent (s. 29.1).
- Treating or advising where serious bodily harm is foreseeable is for members within their scope (s. 30).
Mandatory reports
- Tell your client first where you can (Code s. 85.1 (3)). Good faith reports are protected (Code s. 85.6; CYFSA s. 125 (10)); s. 125 prevails over PHIPA.
- Facility operators and employers also report a member to the Registrar, in writing, within 30 days (Code ss. 85.2, 85.5).
| Report | Trigger | Who | To whom | When |
|---|---|---|---|---|
| Child in need of protection (CYFSA s. 125) | Reasonable grounds to suspect a s. 125 (1) situation; a child under 16 (16 or 17: may report) | Anyone, in person, never through another (s. 125 (3)) | A children's aid society | Immediately; again with each new ground |
| Sexual abuse of a patient (Code ss. 85.1, 85.3) | Reasonable grounds, from practice, to believe a member of any college, or a registrant of the Oversight Authority, sexually abused a patient | A member | That member's Registrar (or the Authority), in writing; the patient named only with written consent | Within 30 days; forthwith if more abuse is likely |
| Unsafe practice (O. Reg. 317/12, paras. 39, 40) | Reasonable grounds to believe another RP committed an incident of unsafe practice | An RP | CRPO; no client named without consent | Promptly |
| Yourself (ss. 85.6.1 to 85.6.4) | A finding of guilt; a charge and its bail conditions; negligence or malpractice; another regulator's finding (and any other membership) | The member | Their own Registrar, in writing | As soon as reasonably practicable; again when the status changes |
A child: suspect, report immediately. A colleague: believe, report in writing within 30 days.