Home
Contact
Registrant Login
MIRTP Roster
About us
Disciplines of NSCMIRTP Board, Staff & Committees Board Meetings and Meeting Highlights Annual Reports NSCMIRTP Act, Regulations & Bylaws NSCMIRTP Polices and Position Statements Strategic Plan
Public
Public Register of MIRTPs Board, Staff & Committees File a Complaint Complaints Process Disciplinary Hearings and Findings Complaint FAQs
Applicants
Become an MIRTP How to Apply Registration Requirements Registration and Application Fees Canadian-Educated Applicant (CEA) Applicants Registered in Another Canadian Regulated Jurisdiction Internationally Educated New Applicants Reinstatement Appeal of a Registration Decision Refresher and Exam Prep Programs
Registrants
Registrants LOGIN Professional Practice & CPD Annual Renewals Maintaining or Regaining Your Registration Resignation Protected Titles and Abbreviations Professional Liability Insurance (PLI) Volunteer Opportunities Educational Resources
Employers
Confirm Registrant Status Disciplinary Hearings and Findings Standards of Practice & Code of Ethics Mandatory Reporting
Resources
Events Newsletter College Announcements

Mandatory Reporting

There are two sections in the NSCMIRTP Act that speak to mandatory reporting. Section 31(1)(b) speaks to the responsibilities of the employer and section 85(1a-c)(2a-c) speaks to the responsibility of all registrants of the NSCMIRTP.

Section 31(1)(b) -Employer Responsibility
31(1)(b)Every person, other than a patient, who employs a person in the practice of the profession and every agency or registry that procures employment for a person in the practice of the profession shall where the person's employment is terminated or the person resigns because of allegations of professional misconduct, conduct unbecoming the profession, incompetence or incapacity, report the matter to the Registrar forthwith and provide a copy of the report to the person whose employment is terminated.

This section means that if an employee is dismissed for any cause the employer must notify the College. The 2nd portion of this section is stating that even if an employee resigns the employer is still obligated to report to the NSCMIRTP if they are resigning related to allegations of professional misconduct, conduct unbecoming the profession, incompetence or incapacity

Sections 85(1a-c)(2a-c)(3) - Registrant Responsibility
85 (1) A registrant has a duty to report to the Registrar if the registrant has reasonable grounds to believe that another registrant of the College
(a) has engaged in professional misconduct, incompetence or conduct unbecoming the profession;
(b) is incapacitated; or
(c) is practising in a manner that otherwise constitutes a danger to the public.

(2) A registrant has a duty to report to the regulator of another health profession if the registrant has reasonable grounds to believe that a registrant of that health profession
(a) has engaged in professional misconduct, incompetence or conduct unbecoming the profession;
(b) is incapacitated; or
(c) is practising in a manner that otherwise constitutes a danger to the public.
(3) No action for damages or other relief lies against a registrant for any report made pursuant to subsection (1) or (2) if the report was made in good faith.

Section 85 of the NSCMIRTP Act speaks to the duty to report of all registrants if they have reasonable grounds to believe that any regulated health professional is not meeting required standards of their College. This means the duty to report for registrants of NSCMIRTP is broader than just reporting concerns related to registrants of the NSCMIRTP it would be concerns related to Nurses, Respiratory Therapists, Physicians etc. These reports must be made to the College of the health care provider that is felt to not be meeting the standard. 

This does not mean the College wants a report of every error made by a registrant. The College does allow for employers to do HR management to address deficiencies in performance. In some instances a single event would rise to the level of requiring reporting i.e. someone reporting to work under the influence of drugs or alcohol. In other cases it would be a pattern of behavior i.e. continued unacceptable repeat rates after employer remediation provided.

If you currently have a concern or question related to mandatory reporting please reach out to info@nscmirtp.ca of 902-832-3167 for assistance.