In my previous article, “Non-Solicitation Clauses for Therapists – are they Enforceable or Justified?”, I discussed whether non-solicitation clauses for therapists are enforceable and outlined a balanced framework that protects both group practices and client choice.
A related question we are frequently asked is whether psychotherapists can solicit their employer’s clients based on their professional obligations. The answer depends on which regulatory college governs the practitioner, as multiple colleges authorize members to practice psychotherapy in Ontario, and their rules differ significantly.
The two most common regulated psychotherapists we encounter are:
- Registered Social Workers (“RSWs”) – members of the Ontario College of Social Workers and Social Service Workers (“OCSWSSW”); and
- Registered Psychotherapists (“RPs”) – members of the College of Registered Psychotherapists of Ontario (“CRPO”).
Their professional obligations regarding client solicitation vary.
Registered Social Workers
The 2023 Code of Ethics and Standards of Practice1 for OCSWSSW includes:
3.5 “College registrants shall not solicit their employers’ clients for private practice, whether their employer is an individual or an organization (including an organization with whom the registrant has an independent service contract). However, College registrants may accept referrals from their employers.”
3.6 In circumstances where a client makes an unsolicited request to follow a College registrant from an organization to their private practice, the College registrant shall ensure that doing so would not create a conflict of interest. College registrants shall not accept such a request unless they are the most appropriate person to deliver the services and the client would not be better served by another professional.”
These rules strictly limit both active solicitation and accepting unsolicited client requests. In practical terms, this goes beyond a typical contractual non-solicitation clause.
Registered Psychotherapists
The CRPO takes a different approach in its commentary on Professional Practice Standard 1.92:
“[…] registrants are not prohibited from ‘self-referring’ a client from one practice to another, as long as safeguards are in place. The key is allowing the client to make an informed choice and not taking advantage of an existing professional relationship in order to secure more business.
[…] Some employers may not allow registrants to self-refer clients to their private practice. In this case, registrants should act in accordance with their employer’s policies; the College generally does not get involved in employer-employee issues.”
The CRPO’s Professional Practice and Jurisprudence Manual3 further states:
“From CRPO’s perspective, the client’s best interests are paramount. RPs should not enter into agreements that prevent a client from making an informed choice of where to receive care, e.g., RPs should not promise their employer that after their employment ends they will never treat a client who they saw through the employer.”
Unlike the OCSWSSW, the CRPO does not provide strict prohibitions on solicitation. Instead, its guidance directs registrants to act in accordance with their employer’s policies, without offering practical guidance on how the College expects transitions to be handled.
Why Guidance from the Colleges Is Needed
The regulatory guidance in Ontario presents a mixed picture. The OCSWSSW provides clear rules, prohibiting solicitation and placing restrictions even on accepting unsolicited client requests. While this is explicit, it can create practical challenges, because it may force the end of a therapeutic relationship, which is rarely in the client’s best interest.
In contrast, the CRPO provides very little practical guidance for situations where a practitioner leaves a group practice and clients wish to follow them. This lack of direction leaves therapists and group practices uncertain about how to navigate transitions in a way that respects client choice and protects legitimate business interests.
Given these realities, there is a clear role for the colleges to provide more practical, scenario-based guidance to help therapists, group practices, and courts navigate these common situations.
A More Balanced and Practical Approach
In my previous article, I proposed an alternative framework for psychotherapists and group practice owners to consider, that can help bridge these gaps while protecting both parties and respecting client choice. Key components include:
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- Client Choice: Clients are informed of the therapist’s departure and given a real option to either remain at the group practice or continue therapy with the departing therapist.
- No Active Solicitation: The departing therapist provides information about their new practice but refrains from persuading or encouraging clients to leave the group practice. The goal is transparency, not recruitment.
- Transition Fee: If a client chooses to follow the therapist, the therapist pays the group practice an agreed-upon fee for a limited period, typically mirroring the former revenue split. For example, if the practice and therapist previously operated on a 60/40 split, the therapist may continue remitting 40% of fees earned from former clients for a reasonable transition period.
This approach prioritizes client autonomy while also addressing the practice’s business concerns.
The Path Forward
Professional obligations and contractual restrictions intersect in complex ways in psychotherapy. While the law provides some guidance, the colleges are currently leaving the parties to figure these issues out on their own.
Given the frequency of these conflicts and disputes, it is time for the OCSWSSW and CRPO to take a more active role, providing clear, scenario-based guidance to:
- Protect the public by ensuring that client choice is respected, so clients are not forced to sever therapeutic relationships for reasons unrelated to their care
- Help therapists navigate transitions ethically
- Support group practices in protecting their business interests
Active involvement from the colleges would reduce uncertainty, promote consistency, and ensure that client interests remain at the center of all decisions.
How We Can Help
Navigating the intersection of professional obligations, client choice, and contractual restrictions can be complex for both psychotherapists and group practice owners. Our firm has experience advising on these situations from both perspectives.
We guide therapists through transitions to new practices in a way that respects their professional standards and protects client relationships. For group practices, we offer practical strategies to protect legitimate business interests ethically and effectively.
If a dispute has already arisen, we can provide timely guidance and support, whether that means resolving the matter or advocating forcefully on your behalf. And if you are entering a new working relationship, we can review your contract to ensure that any restrictive covenants are appropriate and reasonable.
Please contact us to discuss your situation and receive practical, tailored advice that protects your clients, your business, and your professional obligations.
Endnotes
- Ontario College of Social Workers and Social Service Workers. Code of Ethics and Standards of Practice. 3rd ed. Toronto: OCSWSSW, 2023. https://www.ocswssw.org/wp-content/uploads/OCSWSSW_Code_of_Ethics_Standards_of_Practice_edition3.pdf.
- College of Registered Psychotherapists of Ontario. “Self-Referral: I Work for an Agency and a Private Practice. Can I Refer the Client of an Agency to My Private Practice?” Practice Matters. Accessed April 10, 2026. https://crpo.ca/resource-articles/self-referral-i-work-for-an-agency-and-a-private-practice-can-i-refer-the-client-of-an-agency-to-my-private-practice/.
- College of Registered Psychotherapists of Ontario, Professional Practice and Jurisprudence for Registered Psychotherapists (Toronto: CRPO, April 2025), https://crpo.ca/wp-content/uploads/2024/09/Professional-Practice-and-Jurisprudence-JRP-Manual-Apr2525.pdf.
