2015: Mandatory Reporting Obligations: Notice to Members

Note: This article was originally posted in our August 2015 newsletter, and has not been updated.

Changes have been made to the Health Professions Procedural Code of the RHPA regarding mandatory reporting obligations for health professionals. There are now more circumstances where a registered midwife is required to report to the College regarding the competency, conduct or capacity of a partner or associate midwife.

Every employer, partner or associate of a registered midwife or a facility offering privileges to them has a duty to make reports to the College.

What are the criteria for making a report?

There are two conditions that have to be met before a report must be made:

1. Termination / Restriction. There must be a termination of the relationship, the relinquishment of privileges or a restriction in the midwife’s practice or privileges. This termination, relinquishment or restriction can either have been imposed on the midwife, he or she could have agreed to it, or he or she could unilaterally do it. The source of the termination, relinquishment or restriction does not matter.

2. Conduct / Competence / Capacity. The termination / restriction must be related to the professional misconduct, competence or incapacity of the midwife. For example, where there are reasonable grounds to believe that the midwife voluntarily terminated / restricted his or her practice or privileges because of conduct / competence / capacity concerns, the report has to be made. Similarly, if the midwife voluntarily terminated / restricted his or her practice or privileges during the course of or as a result of an investigation into his or her conduct / competence / capacity, a report must be made.

Where those two conditions are met, a mandatory report must be made.

Please read the College’s full notice to members on the new mandatory reporting obligations here.