The fitness to practise provisions of the Regulated Health Professions Act (RHPA) addresses situations where a Massage Therapist may be compromising client care as a result of incapacity. “Incapacity” refers to a situation where the Massage Therapist is suffering from a physical or mental condition or disorder where, in the interest of the public, it is necessary for the Massage Therapist’s practice to be subject to terms, conditions or limitations, or that the Massage Therapist should no longer be permitted to practise.
Incapacity proceedings differ significantly from disciplinary proceedings. First, incapacity hearings focus on whether the health professional is ill, not whether he or she has failed to maintain the standards of practice of the profession. Also, a finding of incapacity usually results in rehabilitative rather than punitive measures.