LEGISLATION:
the controlled act of diagnosis
Under the Regulated Health Professions Act (RSO,1991), in the interests of public protection only certain professions were given legal access to the controlled act of diagnosis.
The controlled act of diagnosis is defined as:
"Communicating to the individual or his or her personal representative a diagnosis identifying a disease or disorder as the cause of symptoms of the individual in circumstances in which it is reasonably foreseeable that the individual or his or her personal representative will rely on the diagnosis."
For members of the College of Psychologists, the Psychology Act states:
"In the course of engaging in the practice of psychology, a member is authorized, subject to the terms, conditions and limitations imposed upon his or her certificate of registration, to communicate a diagnosis identifying, as the cause of a person's symptoms, a neuropsychological disorder or a psychologically based psychotic, neurotic or personality disorder."
In the overall interest of public protection (which is the fundamental basis of the RHPA), the only persons legally entitled to communicate such a diagnosis in Ontario are members of a Regulated Health Profession with access to the controlled act. There are substantial penalties under RHPA for individuals who perform the controlled act of diagnosis without authorization, as well as penalties for their employers. Restrictions imposed on the performance of controlled acts are not uniquely the policy of the College of Psychologists of Ontario. They are legislated under the RHPA and apply to all regulated health professionals, unregulated service providers, and the public generally.
The College of Psychologists has set out the Knowledge, Skills and Training required to formulate and communicate a diagnosis. Unless there is a limitation on their certificate of registration, all psychologists and psychological associates have legal access to the controlled act of diagnosis.
As of September 2000, psychometrists and other unregulated providers may not legally communicate diagnoses. The psychologist or psychological associate supervising them must personally communicate the diagnosis to the parent (or to an adult student).
Psychological diagnoses may follow from a psychological assessment, by identifying a disorder or dysfunction as the cause of the individual's symptoms or difficulty. The diagnosis usually falls within a recognized classification system of disorders and dysfunctions. Typically individuals or their personal representatives will rely on psychological diagnoses made from psychological assessments for developing treatment and intervention plans. The College of Psychologists of Ontario requires that the communication of a psychological diagnosis to an individual or his or her personal representative, may be made only by a Psychologist or Psychological Associate who has access to the controlled act.
Nondiagnostic feedback provides information on assessment results and outcomes gathered from this broad range of sources. It could include a description of the procedures used in the assessment, a description of the test performance and of the information gathered through interviews and observations. Parents and school staff receive nondiagnostic feedback orally and in written psychological reports.
