Occupational therapists possess knowledge and skills that patients rely on for their well-being. They also have access to their patient’s personal health information. ACOT recognizes that this creates a power imbalance between occupational therapists and their patients. As a result, occupational therapists must always maintain professional boundaries and are prohibited from engaging in any form of sexual abuse or misconduct as defined in the Health Professions Act.
To read more about occupational therapists’ responsibilities to maintain appropriate professional and sexual boundaries please see ACOT’s Standards of Practice.
Who is a Patient?
ACOT’s Standards of Practice state that an individual is a patient when an occupational therapist-client relationship is formed. This occurs when an occupational therapist has engaged in one or more of the following activities:
- Received consent from the individual or their substitute decision maker to proceed with occupational therapy service planning
- Worked with the individual to design and deliver a plan for service
- Contributed to a health or occupational therapy service record for the individual; or
- Charged or received payment for occupational therapy services provided - from the individual or a third party on behalf of the individual
A patient is no longer considered a patient one year (365 days) after the last date occupational therapy services were provided, unless the occupational therapist has provided a restricted psychosocial intervention, in which case the individual is always considered a patient and is never considered a former patient.
To read the full definition of a patient, please refer to the Glossary in ACOT’s Standards of Practice.
Sexual conduct with a former patient may be considered inappropriate after the one-year period has elapsed if there is more than a minimal risk of a continuing power imbalance between the occupational therapist and the former patient.
Coming forward with a Complaint about Sexual Abuse or Misconduct
ACOT recognizes that coming forward with a complaint about sexual abuse or sexual misconduct can be very difficult.
If you wish to speak to someone before deciding whether to make a formal complaint, please contact the Complaints Director on their confidential line at 780-436-8381 ext 403 or email. The Complaints Director is available to answer questions about the complaints process and can offer options for addressing concerns, including submitting a formal complaint. You can initially remain anonymous, use an alias or arrange to meet in person while deciding whether to go ahead with submitting a formal complaint. If you then decide to make a formal complaint, this must be submitted in writing, and signed (i.e. cannot be anonymous). The Complaints Director follows a trauma informed process and will help ensure you understand the complaints process if you decide to submit a complaint. You can have a support person with you throughout the process if you choose. Please note that the Complaints Director cannot offer advice on the complaints process.
The Complaints Director can also assist you in connecting with other resources, including the possibility of funding for treatment or counselling through ACOT’s Patient Relations Program.
Why report?
Coming forward about a sexually inappropriate encounter you’ve experienced with a health care professional can be incredibly difficult and there are many reasons why you may choose not to do so. There are, however, good reasons for reporting:
- Public protection: Incidents of sexual abuse or sexual misconduct are often not isolated. By coming forward, you could help us act to ensure that what happened to you does not happen to someone else
- Awareness: ACOT won’t know otherwise. We rely on individuals to make us aware when things aren’t right. We can only learn about sexual abuse or sexual misconduct from people who make complaints
The Complaint Process for Complaints of Sexual Abuse or Misconduct
The process for complaints of sexual abuse and sexual misconduct follows the ACOT complaints process with these additional protections, as required by the Health Professions Act:
- For complaints of sexual abuse or sexual misconduct, the Complaints Director will discuss the possibility of funding for treatment or counselling through the Patient Relations Program
- Certain types of resolution and alternative resolution are not available
- If the complaint is referred to a hearing, the Hearings Director will try to ensure that at least one member of the Hearing Tribunal has the same gender identity as the patient
- All members of the Hearing Tribunal must receive trauma informed training and sexual violence training
- If the Hearing Tribunal makes a finding of sexual abuse or misconduct, the patient will have the opportunity to provide a written or oral statement describing the impact of the sexual abuse or misconduct to the Hearing Tribunal
- There are mandatory minimum penalties when a Hearing Tribunal makes a finding of sexual abuse or sexual misconduct. If an occupation therapist is found to have engaged in sexual abuse, their registration and practice permit must be permanently cancelled
- Any decision or order of the Hearing Tribunal that is based on a finding of sexual abuse or sexual misconduct will be published indefinitely on ACOT’s website, subject to the limited exceptions set out in the Health Professions Act. Decisions or orders may be redacted to protect the personal and health information of the patient or third parties
In addition, if a complaint about sexual abuse or sexual misconduct is referred to a hearing and the complainant is required to attend as a witness, the complainant is encouraged to bring a support person with them to the hearing if they like.
Acknowledgements ACOT gratefully acknowledges members of the Alberta Federation of Regulated Health Professionals for information found in their parallel documents, in particular ACSLPA, CAP, CCOA, CPSA, CPTA, CMLTA .