Preventing a Conflict of Interest

RTs should avoid any situation that may result in a real, potential or perceived conflict of interest. The Conflict of Interest regulation states that an RT is not considered to be in a conflict of interest related to a recommendation for a referral or treatment provided that the RT:

Discloses the nature of the relationship or benefit to the patient/client; and

Where applicable, advises the patient/client that their selection of supplier of a product or service will not adversely affect the assessment, care or treatment that they receive(O. reg. 596/94). s. 4 (1) & (2).

It is also advisable that the RT:

Provide the patient with information on at least one other source of the product(s) or service(s) required; and

Documents any discussions with patient related to conflict of interest in the patient’s record (e.g., documentation of full disclosure)

Glossary

Agreement: a revenue, fee or income sharing arrangement.

Fiduciary: a relationship based on trust and confidence

Member: refers to a Respiratory Therapist (RT) who is registered with the CRTO as either a Registered Respiratory Therapists (RRT), Practical (limited) Respiratory Therapist (PRT) or Graduate Respiratory Therapists (GRT).

Professional misconduct: as defined in the Professional Misconduct Regulation (O. Reg. 753/93), which was established under the Respiratory Therapy Act.

Reasonable person: an individual who is neutral and informed

Relationship: in the course of their practice, RTs engage in therapeutic (patient/client) and professional relationships (students, colleagues, coworkers) .

Related person: means any person connected with a member by blood relationship, marriage, common-law or adoption, and

- persons are connected by blood relationship if one is the child or other descendant of the other or one is the brother or sister of the other;
- persons are connected by marriage if one is married to the other or to a person who is connected by blood relationship to the other;
- persons are connected by common-law if the persons have, for a period of not less than three years, cohabited in a relationship of some permanence; and
- persons are connected by adoption if one has been adopted, either legally or in fact, as the child of the other or as the child of a person who is so connected by blood relationship.

Related company: means a company, corporation or business partnership or entity that is owned or controlled, in whole or in part, directly or indirectly, by a person or another person related to the person.

REFERENCES

College of Nurses of Ontario. Professional Conduct (2019). Retrieved from: https://www.cno.org/globalassets/docs/ih/42007_misconduct.pdf
College of Physicians and Surgeons of Ontario. Physicians’ Relationship with Industry: Practice, Education and Research (2014). Retrieved from: https://www.cpso.on.ca/en/Physicians/Policies-Guidance/Policies/Physicians-Relationships-with-Industry-Practice
General, O Reg 596/94, retrieved on October 20, 2021. Retrieved from https://canlii.ca/t/527jh
Institute of Medicine (US) Committee on Conflict of Interest in Medical Research, Education, and Practice; Lo B, Field MJ, editors. Conflict of Interest in Medical Research, Education, and Practice. Washington (DC): National Academies Press (US); 2009. Summary. Retrieved from: https://www.ncbi.nlm.nih.gov/books/NBK22926