​​What will I learn?​​

• Your legal and ethical obligations for reporting unsafe, unethical, or impaired practice.
• How to access and use key resources to understand your duty to report in practice.
• Related case studies and FAQs to improve decision-making skills related to duty to report.

Nurses and midwives play a critical role in safeguarding the public by providing culturally safe, competent, and ethical care. Central to this responsibility is the duty to report: a legal and ethical obligation to report any instance of incompetent or impaired practice, or unethical conduct by regulated health professionals. This duty ensures that concerns about unsafe or unprofessional behaviour are addressed promptly to protect clients and uphold the integrity of the nursing and midwifery professions.

Under the Health Professions Act, all nurses and midwives—regardless of their role or setting—must report situations where there is reason to believe a colleague's practice may pose a danger to the public due to incompetence, impairment, or unethical conduct. This includes reporting sexual misconduct, criminal charges relevant to working with vulnerable populations, and any other situation where client safety is at risk.​

​Reporting ​​responsibilities: When you must take action

Nurses, midwives, employers, and colleagues regulated under the Health Professions Act have a legal and ethical duty to report to the appropriate regulator in the following situations:

• There is evidence of narcotic diversion by a regulated health professional.
  

• There are clear, witnessed signs that a regulated health professional is impaired at work.
  

• There is evidence or reasonable grounds to believe that a regulated health professional's practice is incompetent or unethical and may pose a danger to the public.
  

• There is knowledge of sexual misconduct by a regulated health professional. If the information comes from a client, consent must be obtained the client's (or their representative) before reporting.
  

• An employer terminates, suspends, restricts, or revokes a regulated health professional's employment or privileges, or dissolves a partnership/association, due to concerns that the person's practice is a danger to clients.
  

• As required ​under relevant legislation: Child, Family and Community Service Act, Adult Guardianship Act, and Health Professions Act/Health Professions and Occupations Act. 

BCCNM's ​​authority

BCCNM can only take action when concerns are reported in writing. When a complaint is filed with BCCNM, BCCNM then has the authority to restrict, suspend, or impose conditions on a nurse's or midwife's ability to practise in B.C. based on a thorough review of the evidence. While employers control a nurse's or midwife's practice within the workplace, BCCNM regulates registration and public safety across the province. Collaboration between employers and BCCNM ensures that issues such as incompetent practice, impairment, or drug diversion are recognized, reported, and addressed promptly.

Reporting process​

• Reports to BCCNM must be in writing, be signed, and include your name, address, and contact information. Anony​​mous complaints are not accepted, except in rare cases where immediate safety is at risk. See complaints and concerns and make a complaint.

• During the professional conduct review process, the nurse or midwife named in the complaint will receive a ​​copy of the complaint, including the complainant's name, unless withholding it is necessary for safety reasons.
  

• If you have concerns about a regulated health professional's practice, first report the issue to the appropriate person or office within your organization and work with your employer to address the matter. If ​​the employer does not take appropriate action, or if you do not have an employer, you may then report your concerns directly to BCCNM.

 ​If you suspect a substance use disorder

• Report concerns about narcotic diversion or impairment at work to the regulated health professional's supervisor, who is responsible for notifying BCCNM.

• If you recognize signs of substance use in yourself, seek help from your primary care provider, employee assistance program, union, occupational health nurse, disability management office, or mental health/addiction counselors.

• See Signs and symptoms of possible substance use.​

By understanding and fulfilling these reporting responsibilities, nurses and midwives help protect clients and uphold the integrity of the professions.​​​

​​​FAQs​​​​​

Can BCCNM​ suspend a nurse or midwife without an investigation?

Each case is different and asse​​ssed on a case-by-case basis. ​​ Generally, BCCNM cannot suspend a nurse without an investigation. In extraordinary cases, BCCNM can, following a formal legal proceeding,  limit or suspend a nurse's practice during an investigation. This type of action is very serious and reserved for allegations of acute concern – when a nurse or midwifes’ reported conduct or practice poses an imminent and significant ongoing danger to the public.

BCCNM tries to work consensually with nurses to establish  voluntary risk mitigation measures that will protect the public during the investigation period.

Common measu​​res include the nurse agreeing to:

• Cease practice and convert to non-practising status
• Share the details of the complaint with all current or new employers to ensure proper monitoring
• Limits and /or conditions on the scope or type of practice
• Enhanced supervision in the workplace

• Counselling or medical monitorin​g
  

BCCNM may proceed to seek extraordinary action if a nurse or midwife will not consent to the risk mitigation measures the Inquiry Committee deems necessary. For more information, see how​ BCCNM​ resolves a complaint and professional conduct review process.​

Am I protected from legal liability if I report another regulated health professional?

The Health Professions Act protects individuals from being sued for reporting in good faith when they have a legal duty to do so by their regulatory college. Nurses and midwives, regardless of their role or workplace, are legally and ethically required by the HPA to report any incompetent, impaired, or unethical behaviour by other regulated health professionals.

​​​The Duty to Repo​rt practice standard​ gives more information and guidance about your legal and professional obligations.​​​​​​​​

I work in a psychiatric unit. My client, a nurse, was admitted due to a drug poisoning event. Should they be reported to BCCNM? If so, should I report them?

Und​er the Health Professions Act, Section 32.3, if a nurse (or any regulated health professio​​nal) is admitted for psychiatric care or treatment, or for treatment for addiction to alcohol or drugs that impairs their ability to practise, they must be reported to the appropriate regulatory colleg​e.

It is not the responsib​​​​​ility of the nurse caring for the client to make the report. It is t​he responsibility of the medical practitioner (or chief administrative officer, or someone working in that role) to report in writing to BCCNM.​

​​​Need help or support?​

For further guidance on understanding and applying the standards of practice, contact our team by completing the Standards Support intake form.​