LPN News

What happens when a Licensed Practical Nurse is named in a complaint? How does the process work?

Although less than 1% of Licensed Practical Nurses (LPNs) are named in a complaint every year, being part of a regulated profession means being accountable for your behaviour. It’s important for LPNs to understand the complaints process so that they know about this important mechanism for ensuring safe, competent, and ethical care.

This is an extensive topic, so we’ll be discussing the complaints process in several articles over the next few months.

Who can submit a complaint to the CLPNA?

Anyone can submit a complaint concerning the conduct of an Alberta LPN to the CLPNA. Health professionals and certain other individuals have a duty to report unprofessional conduct to the relevant regulatory college. Learn more about mandatory reporting by watching this video.

The person or entity that files a complaint is known as the complainant.

The LPN named in the complaint must participate in the complaints process.

What is unprofessional conduct?

Unprofessional conduct is defined in the Health Professions Act. It includes conduct such as, but not limited to:

• A lack of knowledge, skill, or judgment when providing nursing services;
• Contravention of the Health Professions Act, the Code of Ethics, or standards of practice; or
• Conduct that harms the integrity of the profession.

What happens when a complaint is submitted?

When the CLPNA receives a complaint, we evaluate the allegations to determine the following.

• If the complaint falls within the CLPNA’s jurisdiction. A complaint involves the conduct of an LPN in Alberta. A complaint cannot be made if more than two years have lapsed from when an LPN last held a CLPNA practice permit.
• If the complaint indicates a significant risk to public safety. For example, if the complaint includes allegations of sexual abuse or misconduct or physical abuse, the complaint will be prioritized, and the regulated member may have their practice permit suspended pending a resolution on the complaint.

We’ll share more information about the initial steps of a complaint next month.

Who investigates a complaint?

A complaint is investigated by the CLPNA Complaints Director or an individual appointed by the Complaints Director known as the investigator.

During an investigation, the complainant, regulated member, and any applicable witnesses will be interviewed, and relevant evidence will be collected.

How can a complaint be resolved?

There are number of possible resolutions for a complaint. They are summarized below, and we’ll explore them in more detail in a future article.

Dismissal: The Complaints Director can dismiss a complaint if there is insufficient evidence of unprofessional conduct or if the complaint is believed to be is trivial or vexatious.

Consent Resolution: A complaint can be resolved with a consent resolution, which requires consent from both the complainant and the registrant. It may involve remedial activities such as education and/or payment of a financial charge.

Disciplinary Hearing: A complaint may be referred to a Disciplinary Hearing, where a Tribunal will render a decision.

Incapacity (Section 118): If the Complaints Director has grounds to believe that the LPN is incapacitated (defined under Section 118 of the Health Professions Act), the complaint process may be deferred to instead focus on the LPN’s fitness to practice.