Role of the Professional Conduct Committees
What is the Role of the Complaints Committee?
If the Regulator determines that the complaint requires further review and action, it may refer the matter to the Complaints Committee. When a complaint is referred to the Complaints Committee, a panel is appointed from among the committee members which usually includes two respiratory therapists and one public representative. The panel will carefully review the investigation results. They will decide whether additional information is required to make a decision, which may include:
- Further witness interviews, documents, or responses; and/or
- Requiring the respiratory therapist to participate in a health assessment, practice review/audit, or competence assessment.
Unless the Committee dismisses the complaint, it will invite the respiratory therapist to attend a Committee meeting to answer questions and make comments if they wish. The Committee may also invite other people to appear before it. Complaints Committee meetings are not open to the public.
When the Complaints Committee is satisfied that it has reviewed all the relevant information that it needs, it will make one of the following decisions:
- Dismiss the complaint (which may include guidance);
- Informally resolve the complaint;
- Refer the matter to another form of dispute resolution;
- Caution the respiratory therapist (where the Committee determines that the respiratory therapist may have breached the expected professional requirements, but in circumstances where a more serious sanction is not warranted, considering all the circumstances);
- Reprimand the respiratory therapist, with their consent (where the Committee determines that the respiratory therapist may have breached the expected professional requirements in circumstances where a more serious sanction is warranted);
- Impose conditions or restrictions on the respiratory therapist’s registration or licence, with their consent (where the Committee determines that the respiratory therapist may have breached the expected professional requirements in circumstances where a more serious sanction is warranted, and specific remedial action [e.g., education or treatment] or practice limitations is required to protect the public);
- Refer the matter to the Fitness to Practise process, where the respiratory therapist and the Regulator agree. Further detail regarding this process is described under the “Concerns about the Health of a Respiratory Therapist” menu option.
If none of these options are appropriate or available at this stage (because a more formal process is necessary), the Complaints Committee will refer the complaint to the Professional Conduct Committee.
The Complaints Committee will provide reasons for their decision in writing. The written decision will be provided to the respiratory therapist, and the person who made the complaint will also receive a summary or copy of the decision.
In certain circumstances, information about the decision may also be shared with other individuals. If the outcome is a more serious sanction (with the consent of the respiratory therapist), a summary of the outcome will be published on the Regulator’s website.
Complaints Committee decisions are final and there is no internal review or appeal process. If you wish to consider legal options, you may wish to seek legal advice.
What is the role of the Professional Conduct Committee?
Complaints may be referred to the Professional Conduct Committee when the allegations are serious or when a more formal hearing process is required to consider the evidence. When a matter is referred to the Professional Conduct Committee, a panel of at least three people will be appointed from the members of the committee consisting of respiratory therapists and at least one public representative.
The Professional Conduct Committee’s procedure is more formal than the Complaints Committee and is similar to an administrative tribunal or court. If a complaint is referred to the Professional Conduct Committee, a respiratory therapist is encouraged to retain legal counsel, at their own expense, if they have not already done so earlier in the process.
The Professional Conduct Committee will address a complaint in one of two ways:
- Settlement Agreement: When the facts and/or outcome are agreed upon by the Regulator and the respiratory therapist, an agreement may be presented to the Committee, which may accept or reject the agreement.
- Hearing: If there is no Settlement Agreement, the complaint will proceed to a hearing. A hearing is similar to a trial, where witnesses may be called to give evidence and documents are submitted. Hearings are generally open to the public.
At the conclusion of its process, the Professional Conduct Committee may make one of the following decisions:
- Determine that the allegations have not been proven; or
- Determine that the allegations have been proven, and:
- Revoke the respiratory therapist’s registration and/or licence;
- Authorize the respiratory therapist to resign their registration;
- Suspend the respiratory therapist’s licence for a period of time and/or until certain conditions have been met;
- Impose conditions or restrictions on the respiratory therapist’s registration or
licence; - Reprimand the respiratory therapist;
- Direct the respiratory therapist to complete additional educational or training requirements;
-
Direct the respiratory therapist to obtain medical treatment or counselling;
-
Impose a fine (in certain circumstances); and/or
-
Make another order that the Committee determines is appropriate under thecircumstances.
The Professional Conduct Committee may also order that the respiratory therapist pay some of the Regulator's costs in resolving the matter.
The Professional Conduct Committee will provide reasons for their decision in writing. In most cases, the written decision will be provided to the respiratory therapist and the person who made the complaint may also receive a summary or copy of the decision. A copy of the decision or a summary of the decision may also be published on the Regulator's website.
There is no internal review or appeal process for Professional Conduct Committee decisions. These decisions may only be appealed on the basis of certain legal issues to the Nova Scotia Court of Appeal. If you wish to consider legal options, you may wish to seek legal advise.