Complaints and Discipline

Decisions

The following Hearing Tribunal proceedings were held and written Hearing Tribunal decisions were rendered. Findings have been presented without the publication of identifying information. The discipline summaries are not intended to provide comprehensive information on the complaint, details of the investigation, or Hearing Tribunal proceedings; they are for educational purposes only.

2016:

Case 1: A Hearing Tribunal made a finding of unprofessional conduct against Mr. Pierre Poirier (CMLTA/CSMLS #0045206) who contravened the Health Professions Act (HPA), the CMLTA Standards of Practice, the CMLTA Code of Ethics, and Alberta Health Service workplace violence policy by displaying grossly inappropriate and deliberate behavior over a significant period of time that presented a serious breach to the recognized and required workplace and personal behaviors for Regulated Members of the profession of medical laboratory technology. The Regulated Member admitted to the unprofessional conduct and signed an Admission of Unprofessional Conduct and a Joint Submission Regarding Penalty in conjunction with the CMLTA. The Hearing Tribunal ordered immediate cancellation (effective the date of the hearing on August 8, 2016) of Mr. Poirier’s CMLTA registration and MLT Practice Permit, fines in the amount of $2,000.00, publication of the Hearing Tribunal orders (including Mr. Poirier’s name on the CMLTA’s website and newsletter), and notification of the Minister of Justice and Solicitor General in accordance with section 80(2) of the HPA. Also of importance is Mr. Poirier agreed in his signed Admission of Unprofessional Conduct that he will not, at any time in the future, seek reinstatement of his registration and MLT Practice Permit.
Note: The case summary is high-level to protect the identity of those parties affected by Mr. Poirier’s behavior and actions.

2014:

Case 1: A Hearing Tribunal made two findings of unprofessional conduct against a Regulated Member who contravened the Health Professions Act, the CMLTA Standards of Practice, and the CMLTA Code of Ethics with (i) the unauthorized and inappropriate access of multiple patient records, and unauthorized and inappropriate attempts to access multiple patient records and; (ii) the failure to provide accurate and/or complete information to the employer concerning charge (i). The Regulated Member admitted to the unprofessional conduct and signed an Agreed Statement of Facts and a Joint Submission on Penalty in conjunction with the CMLTA. The Hearing Tribunal ordered fines in the amount of $2,000 to be paid within 30 days and the successful completion of a health information access and privacy course to be completed within one year and at the Regulated Member’s own cost.

Case 2: A Hearing Tribunal made a finding of unprofessional conduct against a Regulated Member who contravened the Health Professions Act, the CMLTA Standards of Practice, and the CMLTA Code of Ethics by breaching patient confidentiality and privacy through the unauthorized access of patient files and/or medical records. The Regulated Member admitted to the unprofessional conduct and signed an Admission of Unprofessional Conduct and a Joint Submission Regarding Penalty in conjunction with the CMLTA. The Hearing Tribunal ordered a fine in the amount of $750 and the successful completion of a health information access and privacy course to be completed within one year and at the Regulated Member’s own cost. 

Case 3: A Hearing Tribunal made a finding of unprofessional conduct against a Regulated Member who contravened the Health Professions Act, the CMLTA Standards of Practice, and the CMLTA Code of Ethics by breaching patient confidentiality and privacy through the unauthorized access of patient files and/or medical records. The Regulated Member admitted to the unprofessional conduct and signed an Admission of Unprofessional Conduct and a Joint Submission Regarding Penalty in conjunction with the CMLTA. The Hearing Tribunal ordered a fine in the amount of $750 and the successful completion of a health information access and privacy course to be completed within one year and at the Regulated Member’s own cost.  

2013:
The CMLTA received five new complaints of unprofessional conduct during 2013. One complaint was dismissed due to insufficient evidence of unprofessional conduct, one complaint received a Section 118 directive pursuant to the Health Professions Act (incapacity assessment) post-investigation, and three complaints were under investigation at the end of the year. Of the two complaints carried over from 2012, one complaint was dismissed post-investigation due to insufficient evidence of unprofessional conduct, and one complaint received a Section 118 directive pursuant to the Health Professions Act post-investigation.

2012:
The CMLTA received three new complaints of professional misconduct during 2012. One complaint was dismissed due to insufficient evidence of unprofessional conduct, and two complaints were under investigation by an independent investigator at the end of the year.

2011:
Case 1: A Hearing Tribunal made a finding of unprofessional conduct against a Regulated Member who did not spin patient samples in accordance with the employer’s established standard laboratory operating procedures and/or the CMLTA's Standards of Practice, and did not run quality control material and/or background instrument checks in accordance with the employer’s established standard laboratory operating procedures and/or the CMLTA’s Standards of Practice. The Regulated Member admitted to the unprofessional conduct and signed an Agreed Statement of Facts and a Joint Submission on Penalty in conjunction with the CMLTA. The Hearing Tribunal ordered fines in the amount of $1500 and successful completion of a professional ethics course. The Hearing Tribunal reminds all MLTs of the importance of pre-analytical procedures and processes (including centrifugation) and the importance of placing patient safety in higher regard than the time involved to perform a procedure.

Case 2: A Hearing Tribunal made a finding of unprofessional conduct against a Regulated Member who deliberately breached patient confidentiality and accessed medical information on family members and co-workers on numerous occasions without appropriate authorization. The Regulated Member admitted to the unprofessional conduct and signed an Agreed Statement of Facts and a Joint Submission on Penalty in conjunction with the CMLTA. The Hearing Tribunal ordered fines in the amount of $1750 and successful completion of a professional ethics course.

Case 3: A Hearing Tribunal made a second finding of unprofessional conduct against a Regulated Member who failed to comply with a previous Hearing Tribunal written order to provide proof of successful completion of a professional ethics course on or before September, 30, 2010. The Regulated Member admitted to the unprofessional conduct. The Hearing Tribunal ordered completion of the original professional ethics course, payment of all outstanding fines/costs from original Hearing Tribunal decision, $10,000 in costs, a $1,000 fine, and completion of an administrative law course.  In the event, the Regulated Member breaches any of the above orders and does not comply within the specified time frames, their MLT Practice Permit and registration will be immediately cancelled by the Registrar. The Hearing Tribunal’s decision was strictly punitive as this was blatant non-compliance with a previous Hearing Tribunal order.

Case 4: A Hearing Tribunal made three findings of unprofessional conduct against a Regulated Member who displayed a lack of knowledge, skill, or judgment in performing Medical Laboratory Technologist duties by leaving the lab without notifying anyone of an error made in selecting an incorrect probe for a laboratory test; displayed a repetitive lack of judgment during the course of employment by not adhering to conditions of employment, specifically failing to renew an MLT Practice Permit for three consecutive years in a timely manner; and displayed a repetitive lack of judgment during the course of employment by not adhering to conditions of employment, specifically chronic lateness.  The Regulated Member did not admit to the three charges of unprofessional conduct. The Hearing Tribunal ordered a formal reprimand be placed on the Regulated Member's file, payment of a $1,000 fine, completion of a professional ethics course, and costs of $30,000 for the investigation, hearing, and other associated costs.

Case 5: A Hearing Tribunal made two findings of unprofessional conduct against a Regulated Member who demonstrated an inability to perform basic Medical Laboratory Technologist duties with the required minimum independence and accuracy and failed to perform the following basic medical laboratory procedures to minimum acceptable standards: specimen labeling; specimen tracking, identification of peripheral blood smear red and white cell morphologies; identification of normal and abnormal cells in manual differentials; and processing of specimens utilizing automated hematology and coagulation analyzers. The Regulated Member admitted to the unprofessional conduct and signed an Agreed Statement of Facts and a Joint Submission on Penalty in conjunction with the CMLTA. The Hearing Tribunal ordered fines in the amount of $750 and in the event the member secures future MLT employment, the CMLTA’s Complaints Director is to receive written performance evaluations at 60 and 90 day intervals from the employer.

Case 6: A Hearing Tribunal made two findings of unprofessional conduct against a Regulated Member who failed to demonstrate basic Medical Laboratory Technologist skills, knowledge, judgments, and abilities necessary to perform medical laboratory procedures in accordance with the College of Physicians and Surgeons of Alberta (CPSA) laboratory accreditation standards and who demonstrated unsatisfactory inter-personal and communication skills. The Regulated Member admitted to the unprofessional conduct and signed an Agreed Statement of Facts and a Joint Submission on Penalty in conjunction with the CMLTA. The Hearing Tribunal ordered fines in the amount of $1000, completion of a formal medical laboratory science course in a specified area of professional practice, and completion of a professional ethics course within six months of the date of service of the Hearing Tribunal order.

2010:
Case 1: A Hearing Tribunal made a find of unprofessional conduct against a Regulated Member who practiced as a Medical Laboratory Technologist without a valid practice permit for six months, deceived the employer to erroneously believe that the practice permit had been renewed, and deceived the employer to believe that the Regulated Member was in possession of a valid practice permit for that six month period.  The Regulated member consented to an Admission of Guilt, an Agreed Statement of Facts, and a Joint Submission Penalty.  The Tribunal ordered payment of a $2500 fine, ordered successful completion of a professional ethics course by a specified date and at the Regulated Member’s cost, ordered the Regulated Member to write a letter of apology to the employer, and ordered subsequent annual practice permit renewals be submitted to the CMLTA by a specified date.
 
Case 2: A Hearing Tribunal made a finding of unprofessional conduct against a Regulated Member who demonstrated inadequate knowledge, training, or skills and thus failed to perform basic medical laboratory procedures to minimum acceptable standards, demonstrated an inability to retain and carry out instructions necessary to perform the basic duties of a Medical Laboratory Technologist to minimum acceptable standards, and demonstrated a failure to follow-up with co-workers or supervisors when unsure of proper medical laboratory procedure and thus compromised laboratory processes, test results, or both. The Regulated Member denied all allegations of professional misconduct. The Hearing Tribunal ordered successful completion of certification examinations administered by the Canadian Society for Medical Laboratory Science (CSMLS) and ordered a payment of $10,000 for costs associated with the hearing and investigation.
 
2009: 
Case 1: A Hearing Tribunal made a finding of unprofessional conduct against a Regulated Member who created a false 2008 MLT Practice Permit and who provided the false document to the employer. The Regulated Member admitted to the behavior. The Tribunal reprimanded the Regulated Member, ordered payment of a $1000 fine, and ordered the Regulated Member to successfully complete a professional ethics course by a specified date.  Failure to meet the Tribunal orders in full would result in cancellation of the Regulated Member’s practice permit.
 
Case 2: A Hearing Tribunal made a finding of unprofessional conduct against a Regulated Member who demonstrated an inability to understand and carry out instructions or directions relative to the performance of laboratory tests as ordered, failed to process/analyze STAT laboratory specimens in a timely and appropriate manner, demonstrated an inability to recognize and follow-up on critical laboratory test results, and provided false information on an Initial Registration Application Form for an MLT Practice Permit. The Regulated Member denied all allegations of professional misconduct. The Tribunal permanently cancelled the Regulated Member’s registration, and ordered a payment of $10,000 for costs associated with the hearing and investigation.

 

 

 

 

 

 

 

 

 

 

 

 

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