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INTRODUCTION 

Historically, professional associations and professional regulatory bodies have published codes of conduct and professional ethics that indicate what professionals are expected to do. The approach has evolved to current best practices whereby professional associations and regulatory bodies presume that professionals know what they are supposed to do and, therefore, indicate clearly and transparently what they are not supposed to do and what activities may lead to disciplinary action.

The AT-ON has adopted these best practices and has developed this Code which outlines those actions or activities that are considered to be professional misconduct and, thereby, could lead to disciplinary action.

ESSENCE OF THE CODE OF CONDUCT

  • Act with Honesty
  • Act with Integrity
  • Respect Human Rights
  • Accept and Value Diversity
  • Do not Discredit Fellow Members
  • Do not Harass Colleagues
  • Do not Spread Rumours
  • Do not Make Sexist or Racist Remarks
  • Act According to the Conduct of our Statutorily Regulated Peers

PART I | GENERAL

PART II | SEXUAL ABUSE

1. Contravening, by act or omission, a standard of practice of the profession or failing to maintain the standard of practice of the profession.

2. Abusing a patient, a patient's substitute decision-maker by any medium, whether the abuse is verbal, physical, psychological or emotional.

3. Performing any procedure for a therapeutic, preventative, palliative, diagnostic, cosmetic or other health-related purpose except:

(i) with the informed consent of the patient or the Patient's substitute decision-maker pursuant to the Consent to Treatment Act (Ontario); or

(ii) pursuant to section 29 (1) of the Regulated Health Professions Act (Ontario); or

(iii) as otherwise required or authorized by law.


4. Failing to reply appropriately to a reasonable request by a patient, a patient's authorized representative or substitute decision-maker for information respecting a service or product provided or recommended by the member.

5. Giving information about a patient to a person other than the client or the client’s authorized representative in contravention of the Personal Health Information and Privacy Protection Act (Ontario), except with the consent of the client or the authorized representative, or substitute decision-maker, or as required or authorized by law.

6. Discontinuing professional services to a patient that are needed, without arranging or having in place alternate care of the equivalent quality, unless the discontinuation would reasonably be regarded by members as appropriate having regard to: 


(i) the member’s reasons for discontinuing the services;
(ii) the condition of the patient;
(iii) the availability of alternate services; and,

(iv) the opportunity given to the patient to arrange alternate services before the discontinuation.


7. Recommending treatment or continuing to treat a patient in instances where the treatment is not indicated, or has ceased to be effective.

8. Attempting to treat a condition that the member knows or ought to know he or she does not have the knowledge, skills or judgment to provide, safely and effectively

9. Failing to advise a patient or the patient’s substitute decision-maker to consult another member of a health profession , where the member knows or ought to know that the client requires a service that the member does not have the knowledge, skills or judgment to offer,  or is beyond his or her scope of practice.

10. Performing a controlled act that the member accepted by lawful delegation.

11. Performing a controlled act that was delegated to the member by another person unless the member has the knowledge, skills and judgment to perform the controlled act.

12. Failing to appropriately supervise a person who the member is professionally obligated to supervise.

13. Permitting, counselling or assisting a person who is not a member to represent himself or herself as a member or to falsely use any certifications associated with the profession.

14. Permitting, counselling or assisting a person who is not a member to perform a controlled act which the person is not authorized or competent to perform.

15. Failing to advise a patient or a patient's substitute decision-maker, or a member of the public, when requested, of his or her right to file a complaint with the OATA, CATA or with a regulatory College that has jurisdiction.

16. Failing to provide a patient or a patient's authorized representative or substitute decision-maker or a ember of the public, when requested, with the current contact information for the OATA, CATA, regulatory College referenced in 15.

17. Acting in a professional capacity while in a conflict of interest.

18. Issuing an invoice, bill or receipt for services that the member knows or ought to know is false or misleading.

19. Charging a fee that is regarded by members as excessive in relation to the service provided.

20. Failing to advise a patient or the patient's substitute decision-maker prior to providing a service, of the fee to be charged for the service or of any penalties that will be charged for late payment of the fee.

21. Charging a block fee without first specifying the following in writing:


(i) the services covered by the fee;
(ii) the amount of the fee;
(iii) the arrangements for paying the fee;

(iv) the rights and obligations of the member and the patient of the relationship between them is terminated before all the services are provided.


22. Failing to itemize an account for professional services provided to a patient.

23. Offering or giving a reduction for prompt payment of an account.

24. Breaching, without reasonable cause, an agreement with a patient or a patient's substitute decision-maker relating to professional services for the client or fees for such services.

25. Failing to keep records in accordance with the standards of the profession.

26. Signing or issuing, in his or her professional capacity, a document that the member knows or ought to know contains false or misleading information.

27. Falsifying a record relating to the member’s practice.

28. Making a claim about a remedy, treatment, device or procedure other than a claim that can be supported by objective, peer-reviewed and published, clinical research.

29. Permitting the advertising of the member or his or her practice in a manner that is false or misleading or that includes statements that are not factual and verifiable.

30. Using or permitting the use of a testimonial from a client, former client or other person in respect of the member’s practice.

31. Soliciting or permitting the solicitation of an individual in person, by telephone, by electronic communication or by other means of communication to avail themselves of the services provided of the member, unless, the person who is the subject of the solicitation is advised, at the earliest possible time during the communication, that: 

(i) the purpose of the communication is to solicit use of the member’s professional services;
(ii) the person may elect to end the communication immediately or at any time during the communication if he or she wishes to do so; and,

(iv) the communication ends immediately if the person who is the subject of the solicitation so elects.


32. Influencing a patient or a patient's substitute decision-maker or a patient's authorized representative with respect to the patient's ill or other testamentary instrument.

33. Using a term, title or designation in respect of the member’s practice that is not authorized by the OATA, the CATA, or any regulatory College having jurisdiction over the member.

34. Using any term, title or designation indicating or implying certification or a specialization in an area or areas of practice of the profession unless the term, title or designation is authorized by the OATA, the CATA, or any regulatory College having jurisdiction over the member

35. Practising the profession or offering to provide services using a name other than the member’s name as entered in the OATA's register of members.

36. Failing, without reasonable cause, to provide a report or certificate relating to a service performed by the member, within a reasonable time, to a patient, a patient's substitute decision-maker or authorized representative after the member as  been requested  to produce such a report or certificate.

37. If the member intends to close his or her practice, failing to take reasonable steps to give appropriate notice of the intended closure to each patient or whom the member has primary responsibility or failing to: 


(i) ensure that each patient's records are transferred to the member’s successor, another member or another health care provider, if the patient so requests; or

(ii) ensure that each patient's records are retained or disposed of in a secure manner.

38. Failing to promptly report to the OATA, the CATA or a regulatory College that has jurisdiction any incident of unsafe practice by another member.

39. Practising the profession while the member’s ability to do so is impaired or adversely affected by any condition or dysfunction or substance which the member knows or ought to know impairs or adversely affects his or her ability to practice.

40. Contravening, by act or omission, a law if:


(i) the purpose of the law is to protect or promote public health; or,

(ii) the contravention is relevant to the member’s suitability to practise.

41. Practising or holding oneself out as practising the profession of Athletic Therapy while the member’s membership has been suspended.

42. Directly or indirectly benefiting from the practice of the Athletic Therapy while the  membership suspended unless full disclosure is made by the member to the OATA f the nature of the benefit to be obtained and prior approval is obtained from the OATA

43. Failing to comply with an order of the OATA Board or of any committee or subcommittee of the OATA.

44. Failing to appear before the Committee when summoned.

45. Selling or assigning any debt owed to the member for the provision of professional services. This does not prohibit the use of credit cards to pay for professional services.

46. Engaging in conduct or performing an act relevant to the practice of the profession that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.

47. Engaging in conduct that would reasonably be regarded by members as conduct unbecoming of a member of the profession or conduct that calls the profession into disrepute.

48. Failing to make reasonable attempts to communicate with a patient and the other health care providers in the patient's circle of care respecting the patient's health status, condition or treatment, where such communication is necessary for the patient's health, or concurrent or follow-on treatment.

49. Asking patients, or patients’ substitute decision-makers, to advocate on the member’s behalf on any matter to the OATA, the CATA, a regulatory College, with Members of Parliament or with Members of the Provincial Parliament (Ontario), or with any government or quasi-government body.

Preamble

All patients have an absolute right to receive care in a safe, secure and professional environment that fosters patient trust and respects professional boundaries. Members are obligated to provide that environment.

"Sexual Abuse" is defined as:

    • Sexual intercourse, or any other form of intimate physical relations between the member and a patient;
    • Touching of a sexual nature of a patient by the member;
    • Encouragement of or direction to a patient to perform any sexual act;
    • Behaviour or remarks of a sexual nature by the member towards a patient;
    • "Sexual abuse" does not include touching, behaviour or remarks of a clinical nature that are appropriate to the diagnosis, assessment or service being provided.

1. Sexual abuse of a patient by a member is absolutely prohibited and will result in the revocation, or at least the suspension, of the member's membership.

2. It is prohibited for any member to "date" a patient. This prohibition applies for a period of two years after the individual ceases to be the member's patient.

3. It is mandatory for a member to report to the appropriate authorities any incident of sexual abuse of which they become aware. Failure to appropriately report an instance of sexual abuse will result in the suspension, or revocation, of the member's membership.


PART III | USE OF SOCIAL MEDIA 


This Code of social media Professional Misconduct & Professional Ethics applies to blogs, wikis, microblogs, message boards, chat rooms, electronic newsletters, online forms, survey questionnaires, social networking sites, emails and other digital sites and services that permit users to share information with others in a contemporaneous manner.

  1. Any form of harassment, "cyber bullying", denigration, slander or libel of other members, or of members of other professions, government and quasi-government organizations and members of the public via social media is absolutely and strictly prohibited. This includes relaying such messages by "likes" etc.
  2. The publication via social media of commentary, content, or images that are defamatory, pornographic, proprietary, harassing, libelous or hostile is absolutely and strictly prohibited.
  3. Should a member encounter a situation while using social media that threatens to become antagonistic or involves any form of harassment, "cyber bullying", denigration, slander or libel, the member must immediately disengage.
  4. Members must obtain, preferably in writing, permission prior to the use or posting of any images of any individuals, vendors, suppliers, third-party copyrights, copyrighted materials, trademarks, service marks or other intellectual property.
  5. A member who engages in any form of harassment, "cyber bullying", denigration, slander or libel is subject to discipline by the OATA, even in circumstances when the member claimed or stated that he/she did not do so as a member of the OATA.
  6. Any member who is aware of any form of harassment, "cyber bullying", denigration, slander or libel via social media emanating from another member, must report that conduct immediately to OATA Ethics.
  7. Any member who encourages or conspires with another member or another person to engage in any form of harassment, "cyber bullying", denigration, slander or libel is as guilty of professional misconduct and subject to discipline as the other member or other person.
  8. Harassment and libel or slander via social media are crimes under the Criminal Code of Canada and may also expose the perpetrator to civil action.
CYBER BULLYING


Cyber Bullying may involve use of the Internet, social networking sites, email and text messaging, to repeatedly harass or intimidate another person. Unlike other forms of bullying, cyberbullying can encompass a huge audience and may remain with a person around the clock and wherever they go.

To read the Public Safety Canada Information Sheet on Cyber Bullying

CLICK HERE


Registered Name ® 2022

Athletic Therapy Ontario


CONTACT US


OATA Registered Office


7800 Kennedy Road, Suite 101

Markham, ON, L3R 2C7


Copyright © 2020 (OATA) Ontario Athletic Therapist Association 


Tel: (905) 946-8080

 Telephone Support Hours: Monday - Friday 

10:30 am to 3:30 pm.

E-mail: info@ontarioathletictherapists.com



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