Duty to report guide

Per the Health Professions Act, RSBC 1996, c.183 (HPA), a registrant of a regulated health profession has a duty to report another registrant to their regulatory college in the circumstances described below.

These sections of the HPA specify that this report must be made to the subject registrant’s college; it does not refer to the registrant’s employer, supervisor, or health authority. While you may also choose or be obligated to report to these people and organizations, this legislation requires that you must make a separate report to the registrant’s regulatory college.

After your report

When a report is received, the College will open an internal investigation pursuant to the relevant section of the HPA. You will not be a complainant, but you may be called on as a witness. You will not be apprised of investigative steps or the outcome.

When you make a report in good faith under the duty to report sections of the HPA, you have statutory protection from retaliation. Section 32.5 of the HPA states that “no action for damages lies or may be brought against a person for making a report in good faith as required under section 32.2, 32.3, or 32.4.”

When a patient reports to you that a registrant of this or another college under the HPA has engaged in sexual misconduct, and the patient has asked that you submit a complaint on their behalf, you may submit a complaint under section 32. In order to receive information or to act on the patient’s behalf you will need to provide an authorized representative form signed by the patient to act as their authorized representative.

The legislation that provides a common regulatory framework for health professions in BC
Legislative guidance on navigating legislation applicable to duty to report
What to do if you have a concern about yourself or a colleague's fitness to practise