MyCLPNA
When an LPN Is Named in a Complaint: What to Expect
The CLPNA’s complaints process addresses allegations of unprofessional conduct against Licensed Practical Nurses.
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.
In this article, we’re going to be looking at the initial steps of the complaints process and the investigation from the point of view of the named LPN.
How will an LPN know that a complaint has been filed?
The regulated member will be contacted by the CLPNA when a complaint has been filed. Within 30 days of receiving the complaint, the regulated member (and the complainant, the individual who filed the complaint) will receive a letter confirming that the complaint was received. The letter will include the name of the assigned investigator.
The regulated member also receives a copy of the original complaint.
Is the LPN suspended from practice during the investigation?
Just because an investigation is taking place doesn’t mean that the LPN will be suspended or have restrictions to their practice. This only happens in certain cases.
If the complaint details serious concerns about public safety, the Complaints Director may make a recommendation for an immediate suspension or condition to be placed on the LPN’s practice permit. Examples of allegations that pose serious concerns about public safety include sexual abuse and misconduct, physical abuse, serious errors with medication administration, and client neglect.
To learn more about suspensions and conditions, watch this video.
Does the LPN need a lawyer?
The regulated member can, but is not required to, have an agent of their choice support them through the complaints process. Note that the professional liability insurance required by the CLPNA covers disciplinary expenses like lawyer fees during conduct proceedings. Learn more about professional liability insurance.
What happens in an investigation?
During the investigation, the investigator gathers information relevant to the allegations in the complaint. The scope of the investigation may be expanded if further allegations are brought forward during the investigation. This involves interviewing witnesses identified by the complainant or regulated member. Regulated health professionals are required to participate in these investigations.
Investigations also involve gathering relevant documents such as patient charts, treatment records, staff schedules, and assignments. The CLPNA has the legal authority to collect documents as part of the investigation of a regulated member; the regulated member should not gather medical documents, as this may be a breach in patient confidentiality.
Once the investigator has gathered all relevant information, a written report is prepared and sent to the CLPNA. This report does not include any decisions or recommendations, only facts and information related to the complaint. A copy of the Investigation Report will only be provided to the LPN if the matter proceeds to a disciplinary hearing.