Duty to report guide
Duty to report under the Health Professions and Occupations Act
Sections 83-89 of the Health Professions and Occupations Act (HPOA) set out the circumstances where a licensee (and in some cases a non-licensee) has a legal duty to report another licensee to that licensee’s regulatory college. The purpose is to ensure public protection in cases where a licensee:
- may present risk to the public,
- has committed misconduct, or
- has acted in discriminatory, or abusive ways, or has committed an act of sexual misconduct or sexual abuse.
The BC Human Rights Code prohibits discrimination in medical services against people who belong to certain protected groups, including those characterized by race, ancestry, colour, sex, sexual orientation, religion, physical or mental disability, family status, place of origin, marital status, and age.
Who must report, and when
The circumstances triggering certain kinds of regulatory reports are defined in sections 85-87 of the HPOA.
- “Not fit to practise” in this context may include competence, health, conduct, and more.
- Under the HPOA, patient consent is not required in order to make a report under section 86.
- Someone making a regulatory report may apply for an identity protection order in certain circumstances.
Licensees
| HPOA section | Circumstances |
|---|---|
| 84 | A licensee who is a health-care facility employee must make a regulatory report if another licensee is receiving health services through the facility and has reasonable grounds to believe the other licensee is not fit to practice due to a health condition. This is regardless of whether the other licensee is receiving health services for that health condition. |
| 85 | A licensee is “not fit to practise” and their continued practice represents a significant risk of harm to the public. |
| 86 | A licensee has committed an act of sexual misconduct, sexual abuse, or discrimination. |
Non-licensees
| HPOA section | Circumstances |
|---|---|
| 87 | A licensee is “not fit to practise” and their continued practice represents a significant risk of harm to the public, OR A licensee has committed an act of sexual misconduct, sexual abuse, or discrimination, AND
|