Complaints and Discipline
The complaint process allows for an employer, other healthcare professionals, a patient, or any member of the general public to initiate a complaint of unprofessional conduct against a Regulated Member of the CMLTA. The grounds for making a complaint include alleged incompetence, unskilled practice, negligence, a lack of integrity, a lack of diligence, or another offence under the HPA and Medical Laboratory Technologists Profession Regulations. The CMLTA has jurisdiction over all currently registered individuals as well as up to two (2) years from the date an individual became a former Regulated Member. The CMLTA retains jurisdiction only over its Regulated Members and not those of any other healthcare profession.
A written and signed complaint must contain:
- The name of the Regulated Member or former Regulated Member;
- Specific allegations which form the basis of the complaint;
- Key facts – a detailed description of the events, including dates, times, and specific location of the alleged event; and
- Other information and documentation supporting the allegation(s).
Additionally, Section 56 includes a provision that despite not having received a written and signed complaint, if the Complaints Director has reasonable grounds to believe that the conduct of a Regulated Member or former Regulated Member constitutes unprofessional conduct, is given notice under Section 57, is given information orally, or is aware of non-compliance, the Complaints Director may also treat a notice, information, or non-compliance as a complaint and act on it.
The HPA provides for thirty (30) days for the Complaints Director to give notice to the complainant as to the course of action taken with respect to the complaint. The Complaints Director:
- May encourage the complainant and the investigated person to communicate with each other and resolve the complaint;
- May, with the consent of the complainant and the investigated person, attempt to resolve the complaint;
- May refer to an alternative complaint resolution process;
- May request an expert to assess and provide a written report on the subject-matter of the complaint;
- May conduct, or appoint an investigator to conduct, an investigation;
- If satisfied that the complaint is trivial or vexatious, may dismiss the complaint;
- If satisfied that there is insufficient or no evidence of unprofessional conduct, may dismiss the complaint; or
- May request an incapacity assessment for physical and/or mental health.
If the Complaints Director dismisses the complaint for insufficient evidence of unprofessional conduct or other reasons, the Complaints Director must, within thirty (30) days, give written notice to the complainant of the dismissal and the right to apply for a review (appeal) by the Complaint Review Committee. If there is sufficient evidence of unprofessional conduct, the Complaints Director must refer the matter to a Hearing. At this juncture, the Hearings Director appointed by CMLTA Council must set a date for the Hearing with respect to the complaint within ninety (90) days.
Complaints must be sent to:
College of Medical Laboratory Technologists of Alberta
301-9426 51 Avenue NW
Edmonton, AB T6E 5A6