Understanding the types of concerns the College receives and investigates is of interest to both registrants and the public.
There are two main types of investigations:
- complaints from members of the public (usually clients or their families), and
- reports from other sources, typically from employers or other occupational therapists.
Regardless of where the investigation starts, the College’s Inquiries, Complaints and Reports Committee (ICRC) reviews all investigations and makes decisions about the case. The decisions available for both types of matters are defined in the law.i
Investigations Data Overview: June–December 2023
From June to December 2023, the ICRC made decisions on three complaint matters and seven reports (Registrar’s investigations that began as reports). The following is a breakdown of the decisions ii:
- Take no further action (dismissed) – 4
- Advice and guidance (helpful information to assist the registrant in their future practice) – 2
- Undertaking (a binding, enforceable agreement between the registrant and the College that sets out one or more obligations or restrictions on the registrant) – 1
- Refer to Health Inquiry Panel (investigation into the mental or physical health of a registrant, as it relates to the registrant’s ability to practice occupational therapy safely) – 3 iii
- Specified Continuing Education or Remedial Program (education or remedial program the registrant must complete to address conduct or practice concerns) – 1
- Verbal caution (the registrant must appear in front of the ICRC to hear the concerns of the ICRC and their expectations for the registrant moving forward) - 0
- Referral to discipline (in very serious cases, the matter will be forwarded to the Discipline Committee where a registrant can face suspension or revocation of their license) - 0
Every investigation will identify one or more concerns and the ICRC makes a decision on each one. These concerns are connected to occupational therapy competencies.
Occupational therapists are required to demonstrate the Competencies. A competency is identified for every concern regardless of the type of decision the ICRC makes, including taking no action.
Competencies identified in the 10 investigations conducted from June – December 1, 2023 are listed below.
Competency A: Occupational Therapy Expertise
- A1 Establish trusted relationships (4 cases)
- A2 Use occupational analysis throughout practice (1 case)
- A6 Implement the Occupational Therapy Plan (1 case)
An example of where an occupational therapist may not have established a trusted relationship is where an occupational therapist does not respond to a client request or deliver services on time.
Competency B: Communication and Collaboration
- B1. Communicate in a respectful and effective manner (2 cases)
- B2. Maintain professional documentation (5 cases)
- B3. Collaborate with clients, other professionals, and stakeholders (5 cases)
An example under this competency is a failure to maintain complete documentation. There were cases where an occupational therapist was found to have incomplete charting on assessments and follow-ups.
Under B3, this included cases where an occupational therapist's behaviour in the workplace may have been an issue and where communication with colleagues or their employer may have broken down and/or become unprofessional.
Competency E: Professional Responsibility
- E1. Meet legislative and regulatory requirements (5 cases)
- E2. Demonstrate a commitment to minimizing risk (2 cases)
Competency E involved cases where billing or invoicing was alleged to have been done improperly or where occupational therapists failed to follow the policies and procedures of their organization.
Competency F: Engagement with the Profession
- F2. Show leadership in the workplace (1 case)
Complaints data and trending information helps inform the development of College resources to support the delivery of safe, ethical services.
Quality Assurance activities, practice resources, webinars, and articles such as Communication is Key are
available online for all registrants.
i The decisions available to the ICRC are prescribed by s.26(1) of the Health Professions Procedural Code. The panel cannot make any decisions outside the ones enumerated in this section of the legislation.
ii The ICRC can take more than one action, such as issuing a SCERP and a caution or an undertaking and a referral for a health inquiry. This may equate to there being more decisions than cases.
iii There were two registrar’s investigations involving the same registrant where the decision was the same.