Medical Act

52.2(1)If a member or associate member, in the course of the practice of medicine, has reasonable grounds to believe that another health professional has sexually abused a patient or client of the health professional, the member or the associate member, the member or associate member shall file a report in writing with the governing body of the health professional within 21 days after the circumstances that gave rise to the reasonable grounds for the belief.

52.2(2) A member or associate member is not required to file a report pursuant to subsection (1) if the member does not know the name of the health professional who would be the subject of the report.

52.2(3) A report filed pursuant to subsection (1) shall contain the following information:

 

(a) the name of the member or associate member filing the report;

(b) the name of the health professional who is the subject of the report;

(c) information which the member or associate member has of the alleged sexual abuse; and

(d) subject to subsection (4), if the grounds for the member or associate member filing the report are with respect to a patient or client of the health professional who is the subject of the report, the name of the patient or client.

52.2(4) The name of a client or patient of a health professional who may have been sexually abused by the health professional shall not be included in a report filed pursuant to subsection (1) unless the client or the patient or, if the client or the patient is incapable, the client's or the patient's representative, consents in writing to the inclusion of the client's or patient's name in the report.

52.2(5) If a member or associate member is required to file a report under subsection (1) because of information obtained from the member's or associate member's patient, the member or associate member shall use their best efforts to advise the patient of their obligation prior to filing the report.

52.2(6) In this section, the definition of "sexual abuse", with the necessary modifications, applies in determining whether another health professional may have sexually abused a patient or client.