Complaints regarding the conduct of a Licensed Practical Nurse received by the CLPNA are processed by the framework outlined in Part IV of the Health Professions Act (HPA).
A disciplinary hearing is a formal legal process used to resolve complaints received by the CLPNA against Investigated Members.
If, after reviewing the investigation report, the Complaints Director determines there is sufficient evidence of unprofessional conduct, the matter may be referred to the Hearings Director to schedule a disciplinary hearing before the Hearing Tribunal.
The Investigated Member (LPN) must attend the hearing, may have a representative, and may be required to testify before the Hearing Tribunal.
In accordance with s. 78 of the HPA, the hearing will be open to the public unless the Hearing Tribunal accepts a motion or application to close it. Individuals interested in attending must pre-register by emailing the Hearings Director, or calling 1-800-661-5877 (toll free in Alberta), or 780-484-8886.
All Hearing Tribunal written decisions will be published on the CLPNA website.
To learn more, watch our video on the Hearings Process.
The Hearings Director appoints a Hearing Tribunal. They are the decision makers who determine if the Investigated Member has engaged in unprofessional conduct.
The Hearing Tribunal is a legislated committee under the HPA and consists of two LPNs appointed by the CLPNA Council and two public members appointed by the Alberta Government.
The Hearing Tribunal is trained on the hearing process and functions in a quasi-judicial role similar to the court system. Tribunal members must have no prior knowledge of the LPN or the incident and must declare any other possible conflicts of interest.
The Hearing Tribunal, consisting of two LPNs appointed by the CLPNA’s Council and two public members appointed by the Alberta Government, considers evidence and determines whether or not the Investigated Member is guilty of unprofessional conduct. The Hearing Tribunal functions in a quasi-judicial role, which is similar to the court system, whereby evidence is entered, and witnesses are called and questioned regarding the allegations against the Investigated Member. The Hearing Tribunal has no prior knowledge of the matter to be heard except for the Investigated Member’s name and the facility where the complaint originated.
The Investigated Member is entitled to be represented by legal counsel, a union representative, or an agent should they desire.
Yes. You are obligated to attend the hearing. If you fail to attend, the Hearing Tribunal may proceed in your absence and you will not be entitled to any further notice of the proceedings.
The Investigated Member and the Complaints Director have 30 days to request an appeal to Council. The Council Appeal Committee is a panel which includes two council members appointed by CLPNA’s Council and two Public Members appointed by the Government of Alberta.
The Investigated Member can subsequently appeal to the Court of Appeal and the Supreme Court.
If you have been served a Notice to Attend a hearing, it is believed you have information relevant to the alleged unprofessional conduct of the Investigated Member and you are obliged to attend. Please call the Hearings Director to confirm your attendance via email to firstname.lastname@example.org or call (780) 484-8886.
If you fail to appear at the Disciplinary Hearing, or fail to provide any requested material, proceedings for civil contempt of court may be brought against you. If you are an LPN, your failure or refusal to attend may be held by the Hearing Tribunal to be unprofessional conduct.
As a general rule, hearings are open to the public, so anyone can observe. However, there are times a Hearing Tribunal may order that all or part of the hearing be held in private.
You may be asked to complete a confidentiality agreement prior to attending a hearing.
If you are interested in attending a hearing, you must pre-register by contacting the Hearings Director at email@example.com.