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The CLHA’s complaints process addresses concerns of unprofessional conduct against Health Care Aides.

Being part of a regulated profession means being accountable for your behaviour. Whether or not a Health Care Aide (HCA) is ever named in a complaint, it’s important to understand how the process helps to ensure safe, competent, and ethical care.

In this article, we’re going to look at how a complaint can be resolved. There are a number of ways that the College of LPNs and HCAs of Alberta (CLHA) can resolve a complaint against an HCA. Possible resolutions are explored in detail below.

Dismissal

The Complaints Director or their delegate can dismiss a complaint if there is not sufficient evidence of unprofessional conduct or if it is determined that the allegations do not meet the definition of unprofessional conduct.

Unprofessional conduct is defined in the Health Professions Act. It includes conduct such as, but not limited to:

• A lack of knowledge, skill, or judgment when providing healthcare services;
• Contravention of the Health Professions Act, the Code of Ethics, or standards of practice; or
• Conduct that harms the integrity of the profession.

Consent resolution

A complaint can be resolved with a consent resolution if both the complainant and HCA agree. . It may involve various remedial activities such as education, a coaching session with a CLHA Practice Advisor, or any other activity to address the conduct. It could also include a financial charge.

Incapacity

If the Complaints Director has grounds to believe that an HCA is suffering from a physical, mental, or emotional condition or disorder or an addiction to alcohol or drugs, which impacts their ability to provide nursing care in safe and competent manner, the complaint process may be deferred to instead focus on the HCA’s fitness to practice. The HCA may be directed to submit to a specific physical or mental examination or both. This is known as incapacity. Incapacity is defined under Section 118 of the Health Professions Act.

Disciplinary hearing

A disciplinary hearing is a formal legal process used to resolve complaints. Disciplinary hearings are conducted before a Hearing Tribunal. A Hearing Tribunal is a legislated committee consisting of two HCA members and two public members. If the regulated member is found to have engaged in unprofessional conduct, the Tribunal can impose sanctions as outlined in the Health Professions Act.

Contested or uncontested

The regulated member may agree to some or all of the allegations against them. They will work with the CLHA and/or their representative to develop an Agreed Statement of Facts on the allegations they agreed to. No witnesses will need to be called for matters that are agreed upon. This type of hearing is considered uncontested.

For any allegations that are agreed upon, sanctions/penalties are proposed by the Complaints Director. The regulated member may agree to some or all of the sanctions. They will work with the CLHA and/or their representative to develop a Joint Submission on Penalty on the sanctions that are agreed upon. When sanctions are contested, proposed sanctions are presented to the Hearing Tribunal by both the Complaints Director and the HCA or their representative. The Hearing Tribunal will then determine what sanctions to order.

The regulated member can contest some or all of the allegations against them. When allegations are contested, witnesses are called to testify before the Hearing Tribunal and evidence is presented. The Hearing Tribunal will then determine whether the allegations are proven or not. If there are allegations that have been proven, both the Complaints Director and the HCA or their representative will propose sanctions/penalties to the Hearing Tribunal who will then determine what sanctions to order.

Written decisions

Following a hearing, the Hearing Tribunal will consider the facts and render a written decision. Written decisions are sent to the regulated member and the complainant, and they are posted on the CLHA website for a predetermined amount of time.