Regulation - Other
The College of Homeopaths of Ontario, College of Opticians of Ontario, and College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario Proposed Regulations Related to Protecting Patients Against Sexual Abuse by Members of the Profession
Regulation Number(s):
O.Reg. 219/94
Instrument Type:
Regulation - Other
Bill or Act:
Homeopathy Act, 2007; Opticianry Act, 1991; Psychotherapy Act, 2007
Summary of Proposal:
In Ontario, the regulation of health professions is based on a self-governance model. There are 26 health regulatory colleges governing 28 health professions under the Regulated Health Professions Act, 1991 (RHPA) and their respective health profession Acts. Under this framework, colleges have the authority to make regulations on a variety of subject matters that are subject to prior review by the Minister of Health and the approval of the Lieutenant Governor in Council.
The College of Homeopaths of Ontario (CHO) and the College of Opticians of Ontario (COO):
It is considered sexual abuse under the RHPA for a health professional to engage in any form of relationship, contact, behaviour or remarks of a sexual nature with a patient. However, the RHPA allows Colleges to make a regulation to provide for a spousal exception to the ordinary sexual abuse provisions where the patient is the member's spouse and the conduct, behaviour or remarks do not occur while the member is engaged in the practice of the profession.
The College of Opticians of Ontario (COO) and the College of Homeopaths of Ontario (CHO) are proposing a regulation and regulatory amendment made under the Opticianry Act, 1991 and the Homeopathy Act, 2007 respectively to create a spousal exception to the sexual abuse provisions of the RHPA. If approved, these changes would allow the Colleges to permit their members to treat their spouses without such treatment being considered sexual abuse or constituting an act of professional misconduct.
The College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario (CRPO):
Patients receiving psychotherapy services, may be particularly vulnerable to sexual abuse due to the knowledge and power imbalance inherent in psychotherapeutic relationships. The current framework under the RHPA prohibits sexual relationships with former patients within one year of the end of the patient-provider relationship. Colleges have regulation-making authority to expand this period beyond the one-year mark.
The CRPO is proposing a new regulation made under the Psychotherapy Act, 2008 that sets out a minimum period of five years following the end of the psychotherapeutic relationship, during which any sexual relationship is prohibited between providers and their former patients. During this five-year period, an individual would continue to be considered a patient for purposes of sexual abuse.
The College of Homeopaths of Ontario (CHO) and the College of Opticians of Ontario (COO):
It is considered sexual abuse under the RHPA for a health professional to engage in any form of relationship, contact, behaviour or remarks of a sexual nature with a patient. However, the RHPA allows Colleges to make a regulation to provide for a spousal exception to the ordinary sexual abuse provisions where the patient is the member's spouse and the conduct, behaviour or remarks do not occur while the member is engaged in the practice of the profession.
The College of Opticians of Ontario (COO) and the College of Homeopaths of Ontario (CHO) are proposing a regulation and regulatory amendment made under the Opticianry Act, 1991 and the Homeopathy Act, 2007 respectively to create a spousal exception to the sexual abuse provisions of the RHPA. If approved, these changes would allow the Colleges to permit their members to treat their spouses without such treatment being considered sexual abuse or constituting an act of professional misconduct.
The College of Registered Psychotherapists and Registered Mental Health Therapists of Ontario (CRPO):
Patients receiving psychotherapy services, may be particularly vulnerable to sexual abuse due to the knowledge and power imbalance inherent in psychotherapeutic relationships. The current framework under the RHPA prohibits sexual relationships with former patients within one year of the end of the patient-provider relationship. Colleges have regulation-making authority to expand this period beyond the one-year mark.
The CRPO is proposing a new regulation made under the Psychotherapy Act, 2008 that sets out a minimum period of five years following the end of the psychotherapeutic relationship, during which any sexual relationship is prohibited between providers and their former patients. During this five-year period, an individual would continue to be considered a patient for purposes of sexual abuse.
Analysis of Regulatory Impact:
There are no costs to business as a result of the proposed regulations. While members would need to spend time learning about the regulations, these are not considered additional costs as this is an ongoing expectation of all regulated health professionals.
Further Information:
COO Consultation Document
(Download Adobe Reader)
CRPO Consultation Document
(Download Adobe Reader)
CHO Consultation Document
Proposal Number:
24-HLTC029
Posting Date:
October 22, 2024
Comments Due Date:
December 6, 2024
Contact Address:
Health Workforce Regulatory Oversight Branch
Nursing and Professional Practice Division
438 University Avenue, 10th Floor
Toronto ON M5G 2K8
Regulatoryprojects@Ontario.ca
Nursing and Professional Practice Division
438 University Avenue, 10th Floor
Toronto ON M5G 2K8
Regulatoryprojects@Ontario.ca