After a Complaint is Submitted
Once a complaint is filed, NSRRT staff will review it to confirm that all of the required information has been received. Once this step is complete, you will be sent a letter acknowledging your complaint and providing additional detail regarding the complaint process, generally within 5-10 business days.
The respiratory therapist will also receive correspondence notifying them of the complaint and explaining the next steps within this same timeframe.
If it is determined that your complaint cannot be processed for any reason (e.g., the person you are complaining about is not registered with the Regulator, the complaint relates to an issue the Regulator is unable to address, etc.), you will be advised of this and potential alternatives you may have to address your concerns as soon as possible.
What action can the Regulator take prior to investigating a complaint?
After a complaint is received, and prior to taking further investigative steps, the Regulator has several options, including:
- Dismissing the complaint if the matter:
- is not within the Regulator’s authority,
- it will not be possible to prove the complaint allegations,
- the reason for filing the complaint was not consistent with the purpose of the complaint process (i.e., public protection),
- the alleged conduct is in fact consistent with expected professional requirements, or
- proceeding with the complaint would otherwise not be in the public interest.
- When a complaint is dismissed, the Regulator may also provide written advice to an affected party.
- Informally resolving the complaint where doing so is in the public interest. When considering this option, the Regulator will assess whether the respiratory therapist is willing and able to learn from and address the issues raised in the complaint. While “informal” in that it need not involve a Committee process, a resolution can be rigorous and tailored to the specific circumstances of the complaint. It can include several requirements, including education, treatment, monitoring, reflective exercises, and practice limitations.
- Referring the matter to another form of dispute resolution, which may include, for example, mediation.
- Authorizing the resignation of the respiratory therapists registration and/or licence. A respiratory therapist who wishes to resign from the Regulator may only do so with the Regulator’s permission; it is not possible to resign simply to avoid the consequences of the complaints process.
- Referring the matter to the Fitness to Practise process. This option may be available where it appears that the respiratory therapist is experiencing a health condition which is impacting on their ability to practise safely. Both the Regulator and the respiratory therapist must agree to this option. Further detail regarding this process are described in the “Concerns about the Health of a Respiratory Therapist” menu option.
If the Regulator chooses one of these options, the person who made the complaint and the respiratory therapist will be notified of this outcome in writing. If there is a dismissal at this stage, the person who made the complaint will be advised of their right to have that decision reviewed by the Complaints Committee.
If none of these options are appropriate or available at this stage, the Regulator will begin an investigation of the complaint.
What happens during an investigation?
The purpose of an investigation is to gather additional information about the complaint. The investigator, who may be Regulator staff or an external consultant, will attempt to obtain relevant information in a neutral and unbiased manner.
You may feel uneasy about participating in an investigation; however, cooperating with the process is important. The legislation which applies to the investigation process gives the investigator the power to require individuals and organizations to provide relevant information upon request.
If you are the person who filed the complaint (the “complainant”), it is likely that the investigator will contact you to clarify the information you provided in the complaint, which may include interviewing you.
If you are the respiratory therapist who the complaint is about (the “respondent”), please consider the following:
- You have a legal obligation to cooperate with the investigation and respond to communications promptly and honestly.
- You will be expected to provide us with a written response to the complaint, which will give you an opportunity to provide your perspective on the issues under investigation.
- You should submit any information requested of you by the deadline provided.
- You have a right to be represented by a union representative, legal counsel, or another representative, at your own expense. You may wish to consult with your professional liability insurer about obtaining legal representation. The Regulator represents the public interest, not the interests of individual respiratory therapists. Therefore, while we can provide you with general information about the complaints process, we cannot provide you with advice about how to proceed.
- In some circumstances, you may be asked for consent to participate in the following additional steps during an investigation:
- a health assessment by a qualified healthcare professional;
- a review or audit of your practice by a qualified reviewer; and/or
- a competence assessment by a qualified assessor.
The investigator may pursue other matters of potential concern which arise while investigating a complaint. The investigator will determine what additional investigative steps are required, including interviewing individuals who have relevant information and obtaining health records or other documentation.
Once the investigator has obtained the relevant information, the respiratory therapist will be provided with an investigation report and will be invited to respond to it prior to the Regulator making a decision about the next steps. Because the investigation may include confidential information about third parties, the person who made the complaint will not receive a copy of the investigation report; however, they will be advised of the decision made in the next step.
What happens after an investigation?
At the conclusion of the investigation, the Regulator will determine how to proceed based on what is in the public interest. Several factors are considered, including whether the information obtained supports the complaint, the seriousness of the issues raised, and whether the respiratory therapist has acknowledged any elements of the complaint. At this stage, the Regulator again has several options, the details of which are explained above (“What action can the Regulator take prior to investigating a complaint”):
- Dismiss the complaint (which may include written advice);
- Informally resolve the complaint;
- Refer the matter to another form of dispute resolution;
- Authorize the resignation of the respiratory therapist's registration and/or licence; or
- Refer the matter to the Fitness to Practise process. Further detail regarding this process is described in the “Concerns about the Health of a Respiratory Therapist” menu option.
If the Regulator chooses one of these options, the person who made the complaint and the respiratory therapist will be notified of this outcome in writing. If there is a dismissal at this stage, the person who made the complaint will be advised of their right to have that decision reviewed by the Complaints Committee.
If none of these options are appropriate or available at this stage, the Regulator will refer the complaint to the Complaints Committee.