Signed in as:
filler@godaddy.com
Signed in as:
filler@godaddy.com
Not legal entity status. Owner or partners, may be held personally liable. Simple to set up, less tax benefits.
Including for-profit, not-for-profit, general corporations etc...
As per the RHPA and Business Corporations Act, regular business corporations cannot practice a regulated health profession.
Independent contractors are self-employed - review CRA guidelines**
Employees of a business - there are differences for employees of "regular" corporations and Professional Corporations.
CPO Professional Standards (2024) Section 4.2:
"4.2 Purpose of Supervision Supervisors may engage in supervision only when the supervisee requires it to competently deliver services, when a non-registrant is assisting a registrant in performing a service by the registrant, or to fulfill the College’s registration requirements. Outside of these circumstances, registrants should consider offering consultation, training, or mentorship. Supervision may not be provided for the purpose of facilitating third-party payments. "
"On July 1, 2024, the Ontario Psychology and Applied Behaviour Analysis Act, 2021 will be enacted with provisions specific to the ABA profession. From that date onwards, any person wishing to use the title “Behaviour Analyst” will have to register with the College of Psychologists and Behaviour Analysts of Ontario (the “College”) (formerly known as the “College of Psychologists of Ontario.”)
This also means that Ontario’s Regulated Health Professions Act, 1991 including its regulations and the Health Professions Procedural Code, will apply to those in the ABA profession. As a result, as regulated health professionals, Behaviour Analysts will be permitted to incorporate a corporation for the purpose of practicing a health profession."
Contact a lawyer & accountant familiar with regulated health professions and do your own review of information to determine what you need to do for your company to be compliant with CPO Standards, RHPA, BCA and the CRA.
This is our best interpretation of available information, as of June 13, 2024, and is presented as "food for thought".
Review and understand incorporation guidelines for regulated health professions and how this impacts your current company structure.
Things you should know:
- Regulated health professionals are not permitted to work (as an employee) for general corporations (https://cpo.on.ca/members/professional-corporation/?faq=11089)
-In a Health Profession Corporation, all shareholders, officers, and directors must be registrants of the same regulatory college and profession (https://www.ontario.ca/laws/regulation/050665)
Potential Actions:
- You may need to dissolve your corporation or make major changes to your employee structure (e.g., move every regulated health employee into an independent contractor role that bills families directly from their own sole proprietorship), with admin as potential ancillary employees.
(https://cpo.on.ca/members/professional-corporation/)
Things you should know:
- Regulated health professionals are not permitted to work (as an employee) for general corporations (https://cpo.on.ca/members/professional-corporation/?faq=11089)
- "This does not mean that members cannot work for non-professional corporations owned by others. Rather, it means that when they are working for a such a corporation, they are practicing as individual health professionals outside of the corporation." (https://cpo.on.ca/members/professional-corporation/?faq=12830)
Potential Actions
- you may need to consider working as an independent contractor for your company and billing families directly
Things you should know:
Note: the professional practice FAQs have not been updated to reflect the updated Standards of Practice (2024) and do not always refer to the practice of applied behaviour analysis (i.e., were provided to answer FAQs in the practice of psychology).
Things you should consider:
- how does billing work for non-registered frontline staff? Are they required to bill in your name? What implications and liability does that have for regulated health professionals?
- if you are consulting in a situation where front-line staff are implementing Applied Behaviour Analysis services ensure families/businesses you are consulting to know and understand any funding parameters for front-line staff that do not have a supervisor (see definitions from CPO).
Potential Actions:
- if you think these changes may impact your current caseload/service provision you likely have legal (contractual) and ethical requirements for notices for service disruption and/or transition planing to consider
PBEO is not affiliated with the College of Psychologists and Behaviour Analysts of Ontario, or the Ontario Association of Behaviour Analysis and they have neither reviewed nor approved of any of PBEO's posts or content.
Copyright © 2024 Professionals for Behavioural Excellence in Ontario (PBEO) - All Rights Reserved.
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