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What happens when a Health Care Aide is named in a complaint? How does the process work?

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 complaints process ensures safe, competent, and ethical care.

This is an extensive topic, so we’ll be discussing the complaints process in several articles over the next few months.

Who can submit a complaint?

Anyone can submit a complaint concerning the conduct of an Alberta HCA to the College of LPNs and HCAs of Alberta (CLHA). Health professionals and certain other individuals have a duty to report unprofessional conduct to the relevant regulatory college. Learn more about mandatory reporting by watching this video. (Please note: This video references LPNs and our former organization name; however, the process and information shown remain current and apply to Health Care Aides as well.)

The person that files a complaint is known as the complainant.

The HCA named in the complaint must participate in the complaints process.

What is 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 professional services;
• Contravention of the Health Professions Act, the Code of Ethics, or standards of practice; or
• Conduct that harms the integrity of the profession.

What happens when a complaint is submitted?

When the CLHA receives a complaint, we evaluate the concerns to determine the following.

• If the CLHA has the authority to investigate. Does the complaint involve the conduct of an HCA in Alberta? A complaint cannot be made if more than two years have lapsed from when an HCA last held a CLHA practice permit.
• If the complaint indicates a significant risk to public safety. For example, if the complaint includes allegations of sexual abuse or misconduct or physical abuse, the complaint will be prioritized, and the HCA’s practice permit may be suspended or have a condition placed on it pending a resolution of the complaint.

We’ll share more information about the initial steps of a complaint next month.

Who investigates a complaint?

Not all complaints require a formal investigation.

If a complaint is investigated the regulated member will be notified and provided with the name of the investigator.

During an investigation, the complainant, regulated member, and any applicable witnesses will be interviewed, and relevant evidence will be collected.

How can a complaint be resolved?

There are number of possible resolutions for a complaint. They are summarized below, and we’ll explore them in more detail in a future article.

Dismissal: The Complaints Director can dismiss a complaint if there is insufficient evidence of unprofessional conduct or if the complaint is believed to be is trivial or vexatious.

Consent Resolution: A complaint can be resolved with a consent resolution, which requires consent from both the complainant and the registrant. It may involve remedial activities such as course work, practice coaching, or simulation training. It may also require a financial penalty depending on the conduct.

Disciplinary Hearing: A complaint may be referred to a Disciplinary Hearing, where a Tribunal will render a decision.

Incapacity (Section 118): If the Complaints Director has grounds to believe that the HCA is incapacitated (defined under Section 118 of the Health Professions Act), the complaint process may be deferred to instead focus on the HCA’s fitness to practice.