HCA News

The CLHA’s complaints process addresses allegations 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 be looking at the initial steps of the complaints process and the investigation from the point of view of the named HCA.

How will an HCA know that a complaint has been filed?

The regulated member (the HCA) will be contacted by the College of LPNs and HCAs of Alberta (CLHA) when a complaint has been filed. Within 30 days of receiving the complaint, the regulated member and the complainant (the individual who filed the complaint) will receive a letter confirming that the complaint was received and the action taken.

The regulated member also receives a copy of the original complaint.

Is the HCA suspended from practice during the investigation?

Just because a complaint has been made, it doesn’t mean that the HCA will be suspended or have restrictions to their practice. This only happens in certain cases.

If the complaint details serious concerns about public safety, the Complaints Director may make a recommendation for an immediate suspension or condition to be placed on the HCA’s practice permit. Examples of allegations that pose serious concerns about public safety include sexual abuse and misconduct, physical abuse, serious errors with medication administration, and client neglect.

To learn more about suspensions and conditions, watch this video.

Does the HCA need a lawyer?

HCAs can choose to have representation (e.g., a lawyer or union representative) support them through the complaints process. Note that the professional liability insurance required by the CLHA covers disciplinary expenses like lawyer fees during conduct proceedings. Learn more about professional liability insurance.

What happens in an investigation?

Not all complaints received require a formal investigation. After speaking with the complainant and the regulated member, the Complaints Director may decide to resolve the complaint without the need for a formal investigation.

If an investigation is required, the investigator gathers information relevant to the concerns in the complaint. This involves interviewing witnesses identified by the complainant or regulated member. Regulated health professionals are required to participate in these investigations. Note that the scope of the investigation may be expanded if further concerns are brought forward during the investigation. You will be notified of any further concerns.

Investigations involve gathering relevant documents such as patient charts, treatment records, staff schedules, and assignments. The CLHA has the legal authority to collect documents as part of the investigation of an HCA; the regulated member should not gather medical documents, as this may be a breach in patient confidentiality.

Once the investigator has gathered all relevant information, a written report is prepared and reviewed. This report does not include any decisions or recommendations, only facts and information related to the complaint. A copy of the Investigation Report will only be provided to the regulated member if the matter proceeds to a disciplinary hearing.