Complaints and Discipline
The Health Professions Act defines “unprofessional conduct” as one or more of the following, whether or not it is disgraceful or dishonorable:
- Displaying a lack of knowledge of or lack of skill or judgment in the provision of professional services;
- Contravention of this Act, a Code of Ethics or Standards of Practice;
- Contravention of another enactment that applies to the profession;
- Representing or holding out that a person was a regulated member and in good standing while the person’s registration or practice permit was suspended or cancelled;
- Representing or holding out that person’s registration or practice permit is not subject to conditions when it is or misrepresenting the conditions;
- Failure or refusal to comply with the requirements of the continuing competence program, or to co‑operate with a competence committee or a person appointed to undertake a practice visit;
- Failure or refusal to comply with an agreement that is part of a ratified settlement, to comply with a request of or co‑operate with an investigator, to undergo an examination for an incapacity assessment for physical or mental health, or to comply with a notice to attend or a notice to produce;
- Contravening an order or conditions imposed on a practice permit or a direction;
- Carrying on the practice of the regulated profession with a person who is contravening partnership restrictions, or an order, or conditions imposed on a practice permit;
- Conduct that harms the integrity of the regulated profession.
Section 57 of the HPA is sometimes referred to as “mandatory reporting” component of the legislation. Section 57(1) states “if, because of conduct that in the opinion of the employer is unprofessional conduct, the employment of a Regulated Member is terminated or suspended or the Regulated Member resigns, the employer must give notice of that conduct to the complaints director”. Section 57(2) states “on being given notice under subsection (1), the complaints director must (a) treat the employer as a complainant (b) despite not receiving a complaint under section 54, treat the notice as a complaint in accordance with section 56 and (c) notify the employer and the Regulated Member accordingly”. Important to note “employment” includes being engaged to provide professional services on a full-time or part-time basis as a paid or unpaid employee, consultant, contractor, or volunteer.
The employer retains the discretion to determine the nature of the conduct of the Regulated Member and whether or not this qualifies as unprofessional conduct as defined by the HPA. The HPA does not require an employer to report all suspensions, termination, or resignations to the CMLTA; only those due to conduct that is “unprofessional” for a Regulated Member of the CMLTA.