Concern and Complaints

There are major changes to the complaints process with the new legislation.

One third of the members of the Complaints Committee must be public representatives. A complaint can be lodged against a member and be investigated up to five years after the physiotherapist is no longer a College member.

The Complaints Committee will attempt to informally resolve a complaint if possible. If not, the committee can appoint an investigator to conduct an investigation. Upon completion of his/her investigation, the investigator will report his or her findings to the Complaints Committee. Upon review of the report, the Complaints Committee has a number of avenues. The complaint can be forwarded to the Inquiry Committee (equivalent to the old Discipline Committee), or not be directed to Inquiry. The Committee can accept the voluntary surrender of a member's registration. If no other action is to be taken against the member, the Complaints Committee can recommend "censure". The member must appear before at least one member of the Complaints Committee for censure and will have a record with the College. The member's name may be published.

The Complaints Committee can also refer the matter to mediation if the Committee decides that the complaint is strictly a matter of concern between the complainant and the member. The Committee can also enter into an agreement with the member for one or more of the following: assessing the member's capacity or fitness to practice, counseling or treatment of the member, monitoring or supervising the member's practice, the member's completing a specified course of studies by way of remedial training, placing conditions on the member's right to practice physiotherapy. The Committee may also order the member to pay all or part of the costs incurred by the college in monitoring compliance with conditions imposed on the member's right to practice physiotherapy. If a member is censured, costs may be assessed against the member. A member's registration can be suspended if there is perceived to be a serious risk to the public while an investigation is underway. During the course of the investigation, if the Complaints Committee comes upon information respecting possible criminal activity on the part of a member, the Complaints Committee may disclose this information to a law enforcement authority.

Complaints Brochure

Inquiry Committee 

When a matter is referred to the Inquiry Committee (formerly the Discipline Committee), a panel composed of at least three members, including 1/3 public representatives will be established. A hearing must be called within 120 days of the matter being referred to Inquiry. The Registrar may issue a public notice of the hearing but the notice must not include the name of the investigated member. The panel may investigate and hear any other matter concerning the conduct of the investigated member that arises in the course of the proceedings. A hearing shall be open to the public but there will be no reporting in the media of anything that would identify the investigated member unless and until the panel makes a finding. A member may request a private hearing under certain conditions.

The Inquiry Panel can find that the member is:

1. guilty of professional misconduct
2. has contravened the Act, the Regulations, the By-laws or the Code of Ethics of the College
3. has been found guilty of an offence that is relevant to the member's suitability to practice
4. has displayed a lack of knowledge or a lack of skill or judgment in the practice of physiotherapy
5. has demonstrated an incapacity or unfitness to practice physiotherapy
6. is suffering from an ailment that might, if the member continues to practice, constitute a danger to the public
7. is guilty of conduct unbecoming a member.

The Panel may issue one or more of the following orders:

1. reprimand the member
2. suspend the member's certificate of registration for a stated period
3. suspend the member's certificate of registration until he/she has completed a specified course of studies or supervised practice or both
4. accept, in place of a suspension of the certificate of registration, the member's undertaking to limit his/her practice
5. impose conditions on the member's entitlement to practice physiotherapy including conditions to practice under supervision, or to permit periodic inspections of his/her practice, or permit periodic audits of records, or report on specified matters that the panel may determine or not to engage in sole practice. The panel may also require the member to prove that a disability or addiction can be or has been overcome, and may suspend the member's certificate of registration until then. The panel may also direct the member to waive, reduce or repay money paid to the member that in the opinion of the panel was unjustified for any reason. The panel may also cancel the member's certificate of registration indefinitely. Costs and fines may also be assessed against the member.