MANDATORY REPORTING INFORMATION FOR MLT EMPLOYERS

MLT employers in Ontario are required under the Health Professions Procedural Code (the “Code”) to file a report with the CMLTO within 30 days if they: 

  • Terminate or revoke an MLT’s employment due to professional misconduct, incompetence, or incapacity,
  • Suspend an MLT due to professional misconduct, incompetence, or incapacity, or 
  • Restrict an MLT’s practice due to professional misconduct, incompetence, or incapacity

MLT employers must also report if they were planning to take the actions described above but the MLT resigns instead. Similarly, Facility Operators in Ontario must report within 30 days to the CMLTO if they have reasonable grounds to believe that a registrant who practices at the Facility is incompetent, incapacitated or has sexually abused a patient. 

To file a mandatory report, please complete and submit the following form. Please attach all additional documents relevant to the concern you are reporting.

CMTO Mandatory Report Form / Formulaire Signalements Obligatoires

When a mandatory report is filed with the CMLTO, the Registrar reviews the report and documents to determine the next steps. This may include appointing an investigator to gather more facts about the case. After the investigation is complete and written submissions about the investigator’s report are sought from the registrant, the Inquiries, Complaints and Reports Committee (“ICRC”) will consider the matter and may take such action as is permitted by the Code. 

Concerns relating to a registrant’s incapacity may be referred for a health inquiry. After inquiries are made, the ICRC may take action including referring allegations of incapacity to the Fitness to Practise Committee for a hearing. 

MLT Employers can file a report about a CMLTO registrant’s practice under the following main categories: Incompetence, Incapacity, Sexual Abuse, and Professional Misconduct. Please read below for more information on each category:

Incompetence

The statutory definition of incompetence is that the registrant’s care of a patient has displayed a lack of knowledge, skill and/or judgment of a nature or to an extent that demonstrates that the registrant is unfit to continue to practise or that their practice should be restricted. 

Incompetence relates to a registrant’s clinical expertise and gaps in their understanding or ability to practise in the profession. Some examples of incompetent behaviour could be not following Standard Operating Procedures or not completing all the required steps in testing a specimen.

Incapacity

The Health Professions Procedural Code defines “incapacity” as a registrant suffering from a physical or mental condition or disorder that makes it desirable in the interest of the public that the registrant’s certificate of registration be subject to terms, conditions or limitations, or that the registrant no longer be permitted to practise.

Examples of incapacity can include mental health or psychological disorders such as anxiety, depression, or personality conditions. Incapacity can also relate to substance abuse issues. 

Sexual Abuse

Schedule 2 of the Regulated Health Professions Act, 1991 defines sexual abuse as sexual intercourse or other forms of sexual relations, touching of a sexual nature, or behavior/remarks of a sexual nature by a registrant toward a patient. 

Professional Misconduct

Professional Misconduct relates to matters such as a registrant being found guilty of an offence relevant to their suitability to practise, sexual abuse of a patient, and includes 28 acts of Professional Misconduct described in Ontario Regulation 752/93 under the Medical Laboratory Technology Act, 1991. Some examples of Professional Misconduct include failure to participate in the Quality Assurance Program, failing to respond to communications sent by the College, falsifying a record and so on.

Please consult the infographic below for an overview of how the mandatory reporting process works within the CMLTO: 

Please note this webpage focuses on employer’s responsibilities for reporting. However, all MLTs have a professional obligation to self-report certain matters to the College. These include if an MLT is found guilty of an offence, if there was a finding of professional negligence or malpractice, if there was a finding of professional misconduct or incompetence against the MLT by another body that governs the profession inside or outside of Ontario, and if an MLT has been charged with an offence (including all bail conditions and other restrictions). For more information about self-disclosures as an MLT please click here.    

The CMLTO hosted an engaging and informative webinar about registrants’ and employers’ responsibilities for reporting. The webinar presented details pertaining to the ways in which conduct matters are brought to the attention of the College, how Mandatory Reports are filed with the College, and presented several case studies containing practical examples of when Mandatory Reports would be filed. A recording of the webinar is available below:

Mandatory Reporting Webinar

A transcript of the webinar is available here.
Additionally, CMLTO staff have developed an FAQ document to support your understanding about Mandatory Reports. For access to this resource, click here.