Regulated members may find periods of time in their professional life where health issues impact their ability to practice safely and competently. The regulated member may be incapacitated.

Incapacitated is defined in the HPA. It means suffering from a physical, mental, or emotional condition or disorder or an addiction to alcohol or drugs or other chemicals that impairs the ability to provide professional services in a safe and competent manner.

In a registration or a renewal application, capacity concerns (meaning a physical, mental, or emotional condition or disorder or an addiction to alcohol or drugs or other chemicals that impairs a regulated member’s current ability to provide professional services in a safe and competent manner) must be declared to the Registrar. The Registrar has authority to request information about a regulated member’s capacity concern to address public safety.

If the Complaints Director has concerns about a regulated member’s capacity, regulated members may be required to do specific things such as undergo a physical or mental examination to assess their capacity (i.e. incapacity assessment) and suspend practicing until their capacity, or fitness to practice can be verified.