Mandatory Reporting for Employers & Business Owners

When to Report

• You fire your employee because of professional misconduct, incompetence or incapacity
• You revoke, suspend or impose restrictions on the privileges of your employee because of professional misconduct, incompetence or incapacity
• You dissolve a partnership, health professional corporation or association because of professional misconduct, incompetence or incapacity
• An employee, partner or associate voluntarily resigns or restricts their practice, and you suspect that this action is related to the person's professional misconduct, incompetence or incapacity, or the voluntary resignation or restriction takes place during the course of an investigation into allegations of professional misconduct, incompetence or incapacity

• You have reasonable grounds to believe that an optician who practices at the facility is incompetent.
• You have reasonable grounds to believe that an optician who practices at the facility is incapacitated.
• You have reasonable grounds to believe that an optician who practices at the facility has sexually abused a patient.

Report Must Contain

• The name of the person filing the report
• The name of the registrant who is the subject of the report
• The explanation of the alleged sexual abuse, incompetence or incapacity
• If the allegations of sexual abuse, incompetence or incapacity relate to a particular patient, the
• name of that patient. 

*The name of a patient who may have been sexually abused must NOT be included in the report unless the patient has consented in writing to the inclusion of his/her name.

• The name of the person filing the report
• The name of the registrant who is the subject of the report
• The explanation of the alleged sexual abuse, incompetence or incapacity
• If the allegations of sexual abuse, incompetence or incapacity relate to a particular patient, the
• name of that patient. 

*The name of a patient who may have been sexually abused must NOT be included in the report unless the patient has consented in writing to the inclusion of his/her name.

Timeframe

The report must be made within 30 days of the termination, revocation, suspension, or resignation.

The report must be made within 30 days. If, however, you have reasonable grounds to believe that the optician will continue to sexually abuse the patient or other patients, or that the optician's incompetence or incapacity is likely to expose a patient to harm or injury and there is urgent need for intervention, you must make the report as soon as possible.

Failure to Report

• The failure by an employer to make a mandatory report may result in a fine of up to $25,000 for a first offence and up to $50,000 for a second offence.
• If the employer is a corporation, the resulting fine may be up to $50,000 for a first offence, and up to $200,000 for a second offence.

• The failure of a facility operator to report incompetence or incapacity may result in a fine of up to $25,000 for a first offence or up to $50,000 for a second offence.
• If the facility operator is a corporation, the resulting fine may be up to $50,000 for a first offence, and up to $200,000 for a second offence.
• The failure of a facility operator to report the sexual abuse of a patient may result in a fine of up to $50,000 for an individual or up to $200,000 for a corporation.

Report

To complete a mandatory report, click here.

To complete a mandatory report, click here.

Other Concerns

Employers or facility operators may also contact the College to report a concern that falls outside of the mandatory reporting obligations referred to above. For more information, contact the College directly, or click here to learn more about the complaints process.