Mandatory Reporting

In the context of regulated health care professionals, the term “sexual abuse” has a specific legal meaning. It is not the same as the criminal act of sexual assault, which refers to a sexual act without consent. For a regulated health professional, any sexual or romantic relationship with a patient, even if it is perceived to be, or is consensual, is considered abusive. As soon as a chiropodist/podiatrist engages professionally with a patient, they have established a therapeutic relationship, where the components of trust, respect, empathy, professional intimacy and power are present. This therapeutic patient relationship exists no matter the context or length of the interaction.

A person is a patient for a period of one year following the termination of their therapeutic relationship. A chiropodist/podiatrist must not have a sexual or romantic relationship with the patient during that year.

Sexual abuse of a patient occurs when a chiropodist/podiatrist:

• has sexual intercourse or other forms of physical sexual relations with a patient
• touches a patient in a sexual manner
• behaves in a sexual manner toward a patient (for example, touching a patient’s shoulder or hand unnecessarily and in a manner that implies a sexual interest in the patient)
• makes remarks of a sexual nature to a patient (for example, commenting on the size of a patient’s breasts)

As of October 2020, members are permitted to treat their spouses without it constituting sexual abuse of a patient, provided the member’s spouse meets the statutory definition of “spouse” – either the member and the patient are married to each other or the patient has lived with the member in a conjugal relationship, outside marriage, for a period of not less than three years. As well, the member must keep the sexual relationship entirely out of the office setting. While treating a spouse, members must follow professional formalities and maintain the same professional distance that members would for any other patient.

Who must report sexual abuse?

• Chiropodist/podiatrist if they learn of the abuse
• Facility Operators and Employers (including chiropodists/podiatrists who operate a facility or workplace where one or more regulated health professionals practice)
• Any regulated health care provider who becomes aware of a patient being sexually abused by a chiropodist/podiatrist or another regulated health care provider.

When should a report be filed?

As soon as possible but no later than 30 days after becoming aware of the information.

What should the report include?

In your report, you can only include the patient’s name if you obtain the patient’s written consent to share it (or the consent of the patient’s representative, if the patient is incapable). If the patient has not consented in writing, the patient’s name must not be included in the report.

How can I file a report?

Please fill out the Mandatory Report Form here.

What is the consequence of not filing a report?

A person or facility may be fined if they do not make a report relating to sexual abuse. Individuals may be fined up to $50,000, while corporations may be fined up to $200,000.