Incapacity and fitness to practise
Sometimes, an occupational therapist may suffer from a mental or physical condition that affects their ability to practise. “Incapacity” is the term used when an occupational therapist cannot practise safely or effectively for these reasons.
When information about an occupational therapist's capacity or "fitness to practise" is brought to the attention of the College, the College must look into the matter.
The College has a legal duty to ensure there is no risk to client safety and care.
Health inquiry process
When the College learns that an occupational therapist’s health may be a risk to their safe practice, a health inquiry will start.
Health inquiries may include:
- speaking with the registrant,
- speaking with the registrant’s co-workers or supervisors,
- requesting and obtaining the registrant’s relevant health records (with the registrant’s consent), and
- requiring a registrant to attend an independent medical examination
After all the information is reviewed:
- If there is no information to support the registrant cannot practise safely, the inquiry will be closed.
- Or the registrant may be offered an undertaking
- Undertakings can range from having the registrant stop practice or follow a course of treatment.
- Or where there is information to support the registrant is incapacitated and is unwilling to sign an undertaking or stop practice, the Inquiries, Complaints and Reports Committee (ICRC) may refer the registrant to the Fitness to Practise Committee for a hearing.
The College understands health inquiries may feel invasive to a registrant. However, the health inquiry process is confidential, and nothing is placed on the public register about a registrant’s health.
If an occupational therapist is referred to the Fitness to Practise Committee and they are found incapacitated, that finding is made public. However, no details of the condition or disorder are published.
While inquiries can be stressful, they are not meant to punish registrants. Health inquiries and any actions the College takes are to protect the public and make sure occupational therapists are working in a safe way.
If you have concerns about an occupational therapist's fitness to practise, please contact [email protected] or 416-214-1177/1-800-890-6570 x234.