Privacy and Confidentiality in the Complaints Process
The complaints process is confidential and anyone who receives or has knowledge of information because of their participation in this process must keep that information confidential except in very specific circumstances. This includes a person who makes a complaint, and the respiratory therapist who the complaint is about.
Examples of the limited circumstances in which information may be disclosed includes:
- If you are the respiratory therapist the complaint is about: to your own legal counsel, union representative, or healthcare provider;
- If you are the person who made the complaint or are another type of participant in the complaints process (e.g., a witness in the investigation): to your own legal counsel or healthcare provider, legal counsel for the Regulator, or legal counsel or another representative for the respiratory therapist)
- If you are the respiratory therapist the complaint is about, the person who filed the complaint, or a witness in an investigation, you may disclose only the fact that you are participating in the complaints process to your employer;
- With the consent of the person to whom the information relates; or
- As otherwise permitted or required by law.
It is important to understand that if you make a complaint, the respiratory therapist will be provided with a copy of the complaint. They will also generally receive a copy of any relevant information obtained during the investigation of the complaint.
It may be necessary for the Regulator to disclose information during the complaints process. For example:
- Information may be shared with Regulator staff, legal counsel, agents, and committee members in order to administer the complaints process.
- Specific information may be provided to witnesses in order to conduct an investigation.
- Information may be shared with employers when necessary to manage professional practice issues.
Individuals who receive information in these circumstances are themselves required to use confidential information only for the purpose for which it was disclosed to them.
In certain circumstances, in order to address public safety issues or as required by law, the Regulator may disclose or publish information about a respiratory therapist involved in the complaints process. Generally, such information will be limited to that which is required under the circumstances. Most complaints are resolved without publication.
As noted above, most Professional Conduct Committee hearings are open to the public.