As the regulatory body for acupuncturists in Alberta, the College investigates complaints of unprofessional conduct. For further information, the College’s Complaint Management Policy and Procedure can be found under the Regulatory Policies section of the website.
What is unprofessional conduct?
- a lack of skill, knowledge, or judgment in the provision of professional services
- a contravention of legislation, professional standards, or Code of Conduct
- acts of non-compliance with specific member requirements imposed by the College of Acupuncturists of Alberta
- Bring your concern to the attention of the member and provide an opportunity for a response/resolution;
- Bring your concerns to the attention of the member’s employer for resolution;
- Make a complaint to the College.
What outcome can I expect?
The College‘s role is the protection of the public. If a member’s professional actions are of concern our objective is to remediate the situation and improve the member’s practice.
Remediation may include sanctions such as education, supervision, or financial penalties. In more serious situations, a suspension or cancellation of the member’s practice permit may be merited.
Remediation does not include financial compensation to the complainant.
What happens when I submit a complaint?
The complaints director reviews the complaint and has 3 options:
- Dismiss the complaint if there is likely insufficient evidence of unprofessional conduct or if the College does not have authority to investigate (such as the individual was not a regulated member).
- Attempt an informal resolution between the complainant and the member.
- Commence an investigation.
Dismissal – If a complaint is dismissed, the complainant may request a review of the dismissal decision. This must be submitted, in writing, within 30 days and include reasons for the request. A Complaint Review Committee (CRC) will review the complaints director’s decision and either confirm the complaints director’s decision or refer the complaint for investigation. You may request a copy of the report the complaints director relied upon to make the decision to dismiss. The CRC decision is not appealable.
Resolution – This process will be tailored to the needs of the situation.
Investigation – The complaints director may conduct an investigation or retain an investigator for this purpose. The purpose of an investigation is to gather the information that supports the allegation from the complainant and to provide the member with the opportunity to respond and provide additional information. Additional witnesses may be interviewed. Documents such as the clinical record will also be reviewed. An investigation report summarizing the information will be submitted to the complaints director for review.
Decision
The complaints director reviews the report and has the following options:
- Request additional information
- Dismiss the complaint if there is insufficient evidence of unprofessional conduct (the complainant has the same options as for dismissal at the outset)
- Refer the complaint to a hearing and set out the allegations of unprofessional conduct
Hearing
If the complaint is referred to a hearing, the complainant’s role is as a witness only. The hearing is a matter between the College and the member.
Hearings are often held virtually. The role of the hearing tribunal (which is made up of professional and public members) is to determine if:
- The allegations have been proven.
- The allegations constitute unprofessional conduct.
- If unprofessional conduct occurred, the appropriate remediation necessary to protect the public and ensure that the member will practice safely.
Appeal
The decision of the hearing tribunal may be appealed by the member or the College. The appeal is heard by an appeals committee. The appeals committee decision is also appealable to the Alberta Court of Appeal.
How do I know when a hearing is scheduled?
Once the time and date for a hearing is determined, a notification is posted on the College’s website.
Notification includes:
- Member’s name and permit number
- Notice of hearing (including allegations, date & time of hearing)
- General information regarding attendance
The notification remains posted until the hearing has concluded and a decision has been posted.
How do I know when a decision is reached?
Findings of unprofessional conduct are posted on the College’s website following the appeal period unless otherwise ordered. Findings remain posted for 5 years or all conditions have been complied with, whichever is later.
If the complaint is dismissed, all information related to it is removed from the website after the appeal period unless otherwise ordered.
The record of the hearing will remain available upon request pursuant to section 85(1) of the Health Professions Act.
Alberta Ombudsman
The complainant or the member may make a complaint about the College’s management of a complaint if it is believed that the process was administratively unfairly.
The Ombudsman will require that all legislative options, such as appeals, be concluded.