Disclosure requests
There may be times that access to a registrant’s patient or client records is requested. These requests may be part of a College investigation or in relation to Quality Assurance activities.
Please note there is an exception for client consent when sharing information with a health regulator in the Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Sched. A,:
Disclosures related to this or other Acts
43 (1) A health information custodian may disclose personal health information about an individual,
(b) to a College within the meaning of the Regulated Health Professions Act, 1991 for the purpose of the administration or enforcement of the Drug and Pharmacies Regulation Act, the Regulated Health Professions Act, 1991 or an Act named in Schedule 1 to that Act;
This section provides supporting information and resources for employers about COTO’s processes. Employers will gain a better understanding of the College investigations process and other instances when access to records may be required.
Investigations FAQ
COTO is legally obligated to follow up on every report or complaint received about an occupational therapist regardless of its source. We contact current or recent employers to gather information and obtain a complete picture of an occupational therapist’s practice so that COTO can determine what the appropriate regulatory response is.
No. If a COTO investigator calls to make general inquiries about an occupational therapist, it does not necessarily mean that they are under investigation.
COTO is unable to disclose any specific information regarding the nature of the information received. Inquiries at this stage are confidential between the occupational therapist and COTO. However, all public outcomes are posted to the occupational therapist’s profile on the public register.
Section 85.6 of the Regulated Health Professions Act, 1991 states “No action or other proceeding shall be instituted against a person for filing a report in good faith under section 85.1, 85.2, 85.4 or 85.5”. If you require further information about your obligations, please consult with your legal counsel.
Quality Assurance FAQ
Do I need to provide my occupational therapist employee access to records of discharged clients?
Occupational therapists are not required to submit clinical records as part of the College’s competency assessment within the Quality Assurance Program. However, they are asked to be familiar with a discharged client chart (client of their choosing) and may request to review the chart for recall.
*This content is adapted, with permission, from the College of Nurses of Ontario; the original work is available on cno.org