After your report
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.
Next steps
CPSBC will confirm in writing your report has been received. We will then review the circumstances to determine whether a regulatory complaint should be opened under section 119 of the HPOA. We may ask you for additional information or records in order to make this assessment.
Should we proceed with a regulatory complaint investigation, you will not be a complainant but may be called on as a witness. You will not be apprised of investigative steps or the outcome.
Protection from retaliation
You have statutory protection from retaliation when you make a report according to the requirement under the duty to report sections of the HPOA, or take another action required to make the report.
According to section 89 of the HPOA, no legal proceeding for damages may be commenced or maintained against you because of your report, provided you are acting in compliance with the HPOA.