Addressing Sexual Abuse - A Guide to Understanding
The Health and Supportive Care Providers Oversight Authority (HSCPOA) is committed to preventing sexual abuse by promoting awareness of HSCPOA’s expectations and by effectively addressing complaints and reports.
HSCPOA takes allegations of sexual abuse seriously. HSCPOA has a zero-tolerance policy for any form of abuse – verbal, physical, emotional, or sexual abuse of recipients of health and supportive care services by registrants.
When these types of concerns come to HSCPOA’s attention either through a public complaint or a mandatory report, HSCPOA carefully reviews them, and if necessary, conducts an expedited review and investigation process to promote public protection.
Below are answers to some commonly asked questions about understanding sexual abuse and available assistance.
Under the Health and Supportive Care Providers Oversight Authority Act, 2021 (the “Act”), sexual abuse of a person who receives health and supportive care services from a registrant means:
(a) sexual intercourse or other forms of physical sexual relations between the registrant and the person,
(b) touching, of a sexual nature, of the person by the registrant, or
(c) behaviour or remarks of a sexual nature by the registrant towards the person.
“Sexual nature” does not include touching or conduct of a clinical nature that is appropriate to the service provided.
Registrants, as providers of health and supportive care services, hold a position of power in relation to those they serve. It does not matter if the recipient of health and supportive care services started the relationship or consented.
Registrants are not permitted to engage in a personal or sexual relationship with a recipient of health and supportive care services unless at least one year has passed after the registrant has ceased providing services, or there is an existing personal or sexual relationship with the recipient that commenced before the registrant’s registration.
If you or someone you know has been sexually abused by a HSCPOA registered PSW or registrant while receiving health and supportive care services from them, you may be eligible to receive funding for therapy or counselling.
The Funding for Therapy and Counselling Regulation under the Act, outlines the parameters of the program:
- HSCPOA’s CEO will administer the program;
- Funding up to the equivalent of what the Ontario Health Insurance Plan (OHIP) would pay for 200 half-hour sessions of out-patient psychotherapy with a psychiatrist if the CEO determines that sexual abuse has been alleged in a complaint or report about a registrant;
- The person is not required to undergo a psychological assessment prior to receiving funding;
- The person may choose their own therapist, as long as the therapist is not related to them, has never been found guilty of professional misconduct of a sexual nature, and if the therapist is not a regulated health professional, HSCPOA may require the person to sign acknowledgement understanding that the therapist is not subject to professional discipline;
- Funding shall only be used to pay for therapy or counselling and will be paid directly to the therapist or counsellor chosen by the person; and
- Funding may be provided for a period of five years from the day the person first received therapy or counselling after the alleged sexual abuse took place, or five years from the day HSCPOA’s CEO determined that sexual abuse about a registrant was alleged in a complaint or report.
Please contact us for an application form if you would like to receive funding for therapy or counselling at complaints@hscpoa.com.
HSCPOA recognizes that coming forward with sexual abuse allegations may be extremely difficult for you. HSCPOA relies on information from health care professionals and the public to fulfil our mandate of public protection.
Once HSCPOA receives your concerns, they will be reviewed on an expedited basis. Either HSCPOA staff or an investigator will contact you in a manner that is most comfortable for you to gather more information. Your information will be kept secure and only viewed by relevant HSCPOA complaints staff, HSCPOA’s CEO, and if we proceed with an investigation, we must disclose your name and the allegations to the registrant. Your personal contact information will not be shared with the registrant.
Please see HSCPOA’s Complaints Process for more information regarding HSCPOA’s complaints process.
The Code of Ethics Regulation (the “Code of Ethics”), under the Act outlines how registrants must conduct themselves while providing health and supportive care services to the public. The Code of Ethics was established with the primary goal of protecting the public and ensuring that registrants engage in safe, ethical, and competent conduct and behaviour.
The Code of Ethics explicitly outlines that registrants shall not physically, verbally, emotionally, financially, or sexually abuse a recipient of health and supportive care services. Among the requirements of the Code of Ethics is an expectation that registrants take reasonable action to prevent or stop potential or actual harm, neglect, or abuse of persons including physical, verbal, emotional, financial or sexual abuse by caregivers or other health professionals
The Code of Ethics states that registrants should avoid any type of behaviour that could be seen as disgraceful or unprofessional, and this includes all types of abuse, including sexual abuse. Registrants should also establish professional boundaries to prevent any actual or perceived conflicts of interest.
Consistent with the Code of Ethics, registrants are not permitted to engage in a personal or sexual relationship with a recipient of health and supportive care services unless at least one year has passed after the registrant has ceased providing services, or there is an existing personal or sexual relationship with the recipient that commenced before the registrant’s registration.
The registrant’s certificate of registration may be restricted or suspended on an interim basis until HSCPOA can review and investigate your concerns. If HSCPOA’s CEO believes that the registrant’s conduct may have contravened the Code of Ethics, they will refer the matter to the Discipline Committee for a hearing. Please see HSCPOA’s Discipline Process for more information regarding the Discipline Committee, and their process.
If a panel of the Discipline Committee finds that a registrant sexually abused a recipient and that sexual abuse consisted of, or included, any of the following:
- Sexual intercourse;
- Genital to genital, genital to anal, oral to genital or oral to anal contact;
- Masturbation of the registrant by, or in the presence of, the person who received health and supportive care services from the registrant;
- Masturbation of the person who received health and supportive care services from the registrant by the registrant;
- Encouraging the person who received health and supportive care services from the registrant to masturbate in the presence of the registrant; or
- Touching of a sexual nature of the genitals, anus, breasts or buttocks of the person who received health and supportive care services from the registrant by the registrant,
the Panel will reprimand the registrant and revoke their registration.
If the Panel finds that the registrant sexually abused a recipient in a way other than those listed above (e.g., remarks of a sexual nature) the Panel will reprimand the registrant and will either suspend or revoke the registrant’s certificate of registration.
In all cases where the Panel makes a finding of sexual abuse, the registrant will be required to reimburse HSCPOA for funding provided to the person who was sexually abused by the registrant. The Panel may also make an order requiring that the registrant pay towards HSCPOA’s legal, investigation, and hearing costs and expenses associated with the matter.
