Inquiries, Complaints and Reports
The College receives complaints, concerns and reports about the practice or conduct of kinesiologists. All complaints are reviewed by the Inquiries, Complaints and Reports Committee (ICRC) and a decision is made. The Registrar may also initiate an investigation based on other information coming to the Collegeâ€™s attention if there is reason to believe a kinesiologist has committed an act of professional misconduct, or is incompetent or incapacitated. Registrarâ€™s Reports are also reviewed and decided by the ICRC. Not all information received results in an investigation and some information is about individuals not registered with the College but who are using the restricted title â€œkinesiologistâ€.
The ICRC is a screening committee and determines whether or not an allegation warrants a referral to the Discipline Committee for a hearing. If a referral is not warranted, there are other options available to the ICRC. These include ordering a kinesiologist to complete a specified continuing education or remediation program (SCERP), requiring a kinesiologist to appear before the Committee to be cautioned in person, or issuing written advice. The ICRC can also decide to take no action on a matter.
Matters received by the ICRC
|Registrar's Reports- Investigations
|Referral from the Quality Assurance Committee for non-compliance (self-assessment)||0||1|
|Total matters received by the ICRC||3||7|
Dispositions by the ICRC
|No further action||1|
|Specified continuing education or remediation program (SCERP)|
|Health Inquiry Panel|
|Referral to Fitness to Practise|
|Referral to Discipline|
|Undertaking with restrictions|
|Undertaking to resign||1|
|Frivolous and vexatious|
|Total cases resolved||0||3|
Health professions appeal and review board
Decisions made by the ICRC can be appealed to the Health Professions Appeal and Review Board (HPARB). One decision was appealed to HPARB in 2014/2015, and was decided on in 2015/2016. HPARB decided to reverse the ICRCâ€™s decision.
|Mandatory Report- Termination|
|Mandatory Report- Incapacity/Incompetence|
|Mandatory Report- Sexual abuse|
|Mandatory Report- Self-report re. offences, malpractice, negligence findings||1||5|
|Reports of fraudulent billing||2*|
|Reports of misuse of title/holding out where formal action was taken||8||28|
|Other reports (non-mandatory)||4|
|Total Registrar's Inquiries||11||37|
*These were non-members
There were no referrals to the Discipline Committee in 2015/2016. The Committee finalized its Rules of Procedure in December 2015 after a 60 day consultation with key stakeholders. The Rules govern the discipline process and hearings, and were drafted with the assistance of the Committeeâ€™s independent legal counsel. The Rules can be found here.
Patient Relations Committee
The mandate of the Patient Relations Committee is to develop measures for preventing or dealing with the sexual abuse of patients/clients. This includes providing:
- education to kinesiologists;
- guidelines for the conduct of kinesiologists with their patients/clients;
- training for the Collegeâ€™s staff; and
- information to the public.
The Patient Relations Committee also administers the funding for therapy for sexual abuse victims.
In May 2015 the Committee recommended that Council pursue a regulation that would exempt a kinesiologist's treatment of their spouse from the definition of sexual abuse within the Regulated Health Professions Act, 1991. Council agreed and the College submitted the regulation to the Ministry of Health and Long-Term Care. Until the regulation is passed, kinesiologists are not permitted to treat spouses other than for minor and episodic care, and/or administering care in an emergency situation.
The Committee also directed the development of the Practice Guideline- Treating Family Members and Other Close Personal Relations. It was circulated for feedback and is posted on the Collegeâ€™s website. When the spousal exemption regulation is passed by the Ontario government, the guideline will be revised to include spouses.
The Committee will continue working on developing education and tools for kinesiologists around the prevention of sexual abuse, and on establishing appropriate support for victims of sexual abuse.