How do I self-report?
Self-reporting is a legal requirement for all occupational therapists in Ontario.
If you need to report, log in to the COTO Portal and update your information with the College.
Once the College receives a report, the Registrar will conduct a risk assessment to determine what, if any, appropriate, fair and proportionate action is required.
Not all self-reports are formally investigated. Often the College can deal with them in a remedial and informal manner that ensures the public is protected and the registrant has put into place safe practices that speak to any of the issues that were in the report.
It is always better to report to the College, even if you are unsure of whether the report is mandatory. The failure to report can be investigated. It can be an aggravating factor to the underlying conduct in the report.
The College can help you understand whether a report is required. If a report is not needed, nothing will be kept on the occupational therapist's record.
All self-reporting must be done within 30 days of the occupational therapist gaining knowledge of the event/incident.
Self-reporting requirements
There are several situations or instances where an occupational therapist needs to report something to the College about themselves. They are the following:
Charged with an offence and found guilty of an offence
This includes all offences, including everything from criminal offences to driving offences under the Highway Traffic Act.
- You must report if you have been charged with any offence regardless of the country, province, or state in which the charge originated.
- This includes criminal offences and all other offences, except those that are referred to as “ticketable” offences (see below for the definition).
- Other offences besides criminal include: driving offences (like dangerous driving) under the Highway Traffic Act, or tax offences under the Income Tax Act.
- Ticketable offences are any offences prosecuted under Parts I or II of the Provincial Offences Act, 1990.
- Examples of ticketable offences include: speeding and parking infractions, failing to stop at a red light, or consuming alcohol in a public place.
- If you are at all unsure whether an offence needs to be reported, you should contact the College or seek legal advice.
- The College will typically monitor the charges. However, in cases where the charge involves a client, the College may initiate an investigation immediately into the conduct.
- If the charge ends in a finding of guilt or a conviction, you must also report the finding/conviction. The College will then assess the finding of guilt on the occupational therapist’s suitability to practice and may initiate a formal investigation.
- An occupational therapist's suitability to practise is not based only their clinical practice. We also look at how their behavior reflects on their ethical and professional reputation, and the entire occupational therapy profession.
Conditions or restrictions from a court or other lawful authorities (like bail)
You must report if a court or other lawful authority, such as a justice of the peace, a public authority or government agency, has imposed conditions or restrictions (such as bail condition) upon you.
- An order of the court or other lawful authority that dictates what you may or may not do while charges are outstanding.
- Examples of bail conditions:
- The accused must report to authorities at a specific time and place.
- The accused must not communicate with any victim or witness.
- The accused must abide by other conditions considered necessary for the safety and security of victims or witnesses.
Proceedings for professional misconduct, incompetence, or incapacity and findings
You must report if you are facing a proceeding for professional misconduct, incompetence, incapacity, or a similar issue.
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You are currently facing a proceeding if you have been notified by a regulatory body or licensing agency that there will be a hearing to make a decision about allegations against you related to professional misconduct, incompetence, incapacity, or a similar issue.
- A proceeding does not include simply being notified that a complaint or report was received by the College (or other regulatory body) or that the College is starting an investigation. .
- For example: If an occupational therapist is also licensed as a Health Service Provider with FSRA and is the subject of a Notice of Proposal (NOP) from their Litigation and Enforcement Department – this would need to be reported.
- Another example: Where an occupational therapist is registered as an OT in another province. If they are facing a disciplinary hearing and/or when a discipline finding has been made, that must be reported.
- As with criminal charges, the College will typically monitor the regulatory proceeding, depending on the seriousness and whether it involved a client. In some cases, the College may initiate an investigation immediately into the conduct.
- If the proceeding/hearing ends in a finding of misconduct, incompetence or incapacity, you must also report this. The College will then assess the finding on the occupational therapist’s suitability to practice and may initiate a formal investigation.
- Professional misconduct is behaviour outside the bounds of what is considered acceptable or worthy by the governing body of a profession.
- Incompetence is lacking the knowledge, skill, or judgement to safely work in a profession.
- Incapacity is a physical or mental condition or disorder that prevents a professional from being able to safely work (independently or without supervision) in a profession.
Findings of professional negligence or malpractice
You must report if there has been a finding of professional negligence or malpractice made against you.
- A decision made by a judge, a decision-maker at a tribunal or another public authority, that is related to your practice as an occupational therapist.
- For example: if you have been sued in civil court and were found to be negligent.
- You do not have to report that you are being sued and have been served with a Statement of Claim. You only have to report that, if at the end of the process, you have been found liable for any type of conduct related to your practice.
- You do not have to report that you were found negligent in a civil case that did not deal with your practice as an occupational therapist.
- For example: you were sued by another driver with respect to a car accident.
Events affecting your ability to practise safely and professionally
You must report if there is an event or circumstance (such as a health condition or disorder) that does or will affect your ability to practise safely and professionally.
- Event or circumstances include physical and mental conditions or disorders that affect or will affect your ability to practise safely and professionally.
This does not mean you have to report any and all health conditions – only those that affect your ability to practise safely.
The College understands that occupational therapists, like anyone, might deal with various physical and mental health issues over time. Often, these issues have no impact on an occupational therapist’s professional abilities.
Or the occupational therapist has minimized any impact, for instance by putting in place safeguards (like taking the appropriate medication or adapting or limiting their practice). In such cases, self-reporting is not required.
The focus is on the suitability to practise, not on the condition or disorder itself.
- You do not need to report conditions or disorders that do not impact your ability to practise.
- You do not need to report information about a condition or disorder if you have appropriately limited or adapted your practice to safeguard against any associated risks. Some safeguards might include: decreasing your case load, taking medication that effectively controls symptoms, modified hours of work.
- You do not need to report if you have stopped practising due to health concerns or your employer has moved you into another more suitable role, such as a non-clinical occupational therapist role.
Example: How the same condition may affect an occupational therapist's ability to practise differently
Two occupational therapists each have epilepsy:
- One occupational therapist has been taking the same medication for years, hasn’t had a seizure during this time, and has implemented plans for working with this condition.
- That includes telling colleagues about it and having an action plan in the event of a seizure. For example: the need for recovery/rest after a seizure or when colleagues should call an ambulance.
- With the occupational therapist’s grasp of their condition, and by taking responsibility for their treatment, the epilepsy shouldn’t affect their ability to practise occupational therapy in a safe and professional manner.
- This occupational therapist would not have to self-report.
- Another occupational therapist with epilepsy has been prescribed medication by their doctor to help manage their condition. However, this occupational therapist often avoids taking it due to side effects. Because of this, the occupational therapist has had seizures recently.
- The occupational therapist is unwilling to discuss with their doctor other ways to better manage their epilepsy.
- In this case, the condition is likely to affect the occupational therapist’s ability to practise.
- This occupational therapist would have to self-report.
When the College asks you whether something affects or will affect your ability to practise, we are trusting you—as a professional who can make decisions based on your own judgement—to make an informed and reasoned judgement about whether your condition or disorder does or will affect your ability to practise safely and professionally.
It is important to know that providing information to us about a condition or disorder that affects your ability to practise is a positive action. This action shows you have an awareness of the possible effect of your health on your ability to practise.
The College asks for this information because it is a part of public protection. The College isn’t concerned about the health condition or disorder itself. The College only considers an occupational therapist’s health in relation to the effect it has or might have on their practice, to determine if the occupational therapist meets the College’s conduct and competence standards.
Unsure? Report to College
If you are not sure whether a condition or disorder affects your ability to practise, or
If you have appropriately adapted or limited your practice to effectively safeguard against any impact a condition or disorder may have on your ability to practise
You should report information about the condition or disorder to the College so that we can assess the information with your cooperation and involvement.
Learn more about the College's health inquiry processes