PROMOTING QUALITY PRACTICE

Private practice

College of Occupational Therapists of Ontario
September 1996

Practice Scenario
I have recently decided to do some private practice work to augment my part-time job at Home Care. My plan is to work with CVA clients in the community. I have had business cards printed promoting myself as a rehabilitation therapist offering specialized services in home adaptation, equipment advice, and ADP assessments. Advertising my practice is a challenge. I've decided to provide my cards to local physicians and to my occupational therapist friends working at local hospitals. As well I've asked the local chapter of the Heart and Stroke Foundation for a list of members who I can then call and introduce myself and my services.

Since I'm starting off small I'm going to wait to talk to my employer. I'll be clearer then as to what my business is shaping into.

Probing Questions
  • Is it professional misconduct to work privately when you already have an obligation to an employer?
  • Does an employer need to know what the occupational therapist is doing in a separate private practice?
  • Can I see a similar client population in both practice settings? Is this a conflict of interest?
  • Are there guidelines on what I should print on my business card?
  • What are acceptable methods of advertising my services?
  • What about setting my fees ­ what guidance is there?
College Quality Practice Analysis

Occupational therapists interested in developing a private practice, separate from their employment with a facility or agency, can do so, but must first consider the employer's policies related to conflict of interest. An O.T. should declare with an employer his/her interests in starting a private practice prior to initiating the private service. Open, honest communication is critical. When a conflict of interest is identified the College expects the occupational therapist to ensure it is resolved.

A private practice which deals with a separate client population from that of the employer is less likely to create a conflict of interest situation. When the private practice clientele is similar to that serviced by the occupational therapist with the employer, careful consideration should be given to advertising and the provision of clear information to the client (see November 1995 Newsletter, You Asked column).

Advertising a practice may be either a simple or a complex plan. Whatever the scope, it must adhere to the rules outlined in the regulation (attached). Business cards must clearly state the occupational therapist's name on the register and the title of either O.T. or Occupational Therapist. Other degrees and certifications, and job titles may also be included, after the name and professional designation. Specialization cannot be advertised in connection with the O.T. title (example, paediatric O.T.). Descriptions of practice, experience and education are acceptable in so much as they assist the public in making an informed choice. Examples would be training in NDT; ADP authorized; registered capacity assessor; or service with a focus on children.

Advertising must be clear and not misrepresent the services provided. Occupational Therapists may not endorse practice-related products (eg. wheelchairs, bath seats, seating materials). In addition, testimonials are not acceptable as they may inappropriately influence the decision making of consumers, and are irrelevant to individual needs.

Advertisements cannot be directed at individuals; soliciting business directly is not appropriate professional behaviour. Securing and calling a list of individuals who are likely consumers of service, for example, is considered direct pressure sales. Business cards may be circulated upon request or left with agencies, clinics or groups where consumers may seek information related to the service you provide. The example of friends providing cards to potential clients is acceptable as long as the client is clear of all options available and is comfortable that a choice does not jeopardize future service. Options such as speaking to an interest group; placing pamphlets in a public place; or putting information on the Internet are all acceptable when coupled with good professional judgement.

Fees should be set in keeping with the service provided. The College is concerned with excessive fees. Disclosure of the fee and what it includes is very important.

Regulation on Advertising

20. In advertising his or her services, a member shall comply with this Part.

21. (1) An advertisement with respect to a member's practice shall contain only factual and verifiable information that a reasonable person would consider relevant to choosing an occupational therapist.

(2) An advertisement with respect to a member's practice shall not contain,

(a) anything that is false or that, because of the inclusion or omission of information, is misleading or deceptive;

(b) anything that is not readily comprehensible to the audience to whom it is directed;

(c) any testimonial, comparative or superlative statements; or

(d) any reference to a specific brand of drug, device or equipment.

(3) An advertisement that includes a reference to the fee for a service shall set out all the costs of services and products that are included in the fee.

22. (1) A member shall not contact or communicate with, or permit any person to contact or communicate with, an individual in an attempt to solicit business.

(2) Subsection (1) applies to any communication, whether in person or by telephone.

23. (1) The name used by a member in an advertisement shall be the same as the name shown in the register.

(2) A member shall not use a term, title or designation in an advertisement if it indicates or implies specialization or otherwise suggests that he or she is a specialist.



Relevant Reference Materials:
  • Professional misconduct regulation ­ circulated previously
  • Advertising regulation ­ circulated this issue
  • Occupational Therapy Act, 1991 ­ title use provisions
  • Employer conflict of interest policies
Call the College during business hours Monday ­ Friday 8:30 a.m. - 4:30 p.m. at 1-800-890-6570 or send e-mail to coto003@coto.org for practice information.