INQUIRIES, COMPLAINTS AND REPORTS COMMITTEE 2016 ANNUAL REPORT

Transcription

1 Agenda Item INQUIRIES, COMPLAINTS AND REPORTS COMMITTEE 2016 ANNUAL REPORT INTRODUCTION: ROLE OF THE COMMITTEE The Inquiries, Complaints and Reports Committee (ICRC) reviews three types of matters: complaints received from the public, health inquiries, and investigations initiated by the College. They also consider the appointment of investigators. The Committee carries out its mandate using panels selected by the Chair, each with 3-6 Committee members. EXECUTIVE SUMMARY In 2016, the ICRC considered 205 investigator appointments and made final dispositions in 519 matters: 298 complaints, 102 Executive Director Investigations and 119 incapacity inquiries. As of December 31, 2016 there were 93 matters in progress. Investigations Initiated Investigators were appointed in 205 matters: 52 complaints, 126 Executive Director Reports and 17 Quality Assurance Committee Reports. The ICRC was informed that the Executive Director appointed 10 investigators on an emergency basis. Please refer to Section 1, Table 1 of the appendix. Complaints Of the 298 complaints considered, 102 were resolved through agreements between complainants and a member, and 6 matters were determined to be an abuse of process. Of the 190 matters investigated, 5 members were referred to the Discipline Committee. Five members were directed to complete educational programs; in 3 of those matters, members were also directed to appear in person for a caution. Advice was issued in 24 matters and no action was taken in 156 matters. As of December 31 st, there were 12 complaint matters in progress. Please refer to Section 2, Tables 1, 2 and 3 of the appendix. The Health Professions Appeal and Review Board (HPARB) received 1 application from a complainant that a complaint was not yet disposed of within 150 days. The decision had not been released as of December 31 st. HPARB received 36 new requests to review ICRC decisions; 34 from complainants and 2 from members. Decisions were released in 35 matters, 21 of which confirmed that the investigation was adequate and the decision was reasonable. In 5 matters HPARB directed the ICRC to

2 2 reconsider its decision. Reviews were not conducted on 9 matters, 8 were withdrawn and 1 matter was determined to be an abuse of process. Please refer to Section 2, Tables 4 and 5 of the appendix. Executive Director Investigations ICRC reviewed 119 investigations, resulting in 102 final dispositions. Members were directed to complete an educational program in 7 matters; in 19 of those matters, the member was also directed to attend for a caution in person. Referrals to the Discipline Committee were made in 46 matters and 4 members agreed to resign on a permanent basis. Letters of advice were issued to 18 members and no action was taken in 8 matters. On December 31 st, there were 17 matters in progress. Please refer to Section 3, Tables 1, 2 and 3 of the appendix. Health Inquiries The ICRC reviewed 183 health inquiries and made final dispositions in 119 matters. Of these, 74 members were referred to the Fitness to Practise Committee and 23 were subject to interim orders of suspension or restriction. Non-public undertakings were accepted from 6 members and no action was taken in 22 matters. Of the 64 matters in progress on December 31 st, the ICRC was awaiting reports of medical assessments in 3 matters. Please refer to Section 4, Tables 1, 2 and 3 of the appendix.

3 3 COMMITTEE MEMBERS July to December 2016 (Current Committee) Megan Sloan, RPN, Chairperson Pedro Andrade, RN Shana Anjema, RN Cheryl Barnett, NP Yvonne Blackwood, Public Member Dalton Burger, Public Member Debra Mattina, Public Member Laura McMillan (nee Black), RPN Kyle Nielsen, RN Nicole Osbourne James, Public Member Sandra Robinson, RN Laura Sanderson, RPN Katharina Skrzypek, RN January to June 2016 Nancy Sears, RN, Chairperson Loy Asheri, RN Cheryl Barnet, NP Yvonne Blackwood, Public Member Laura Black, RPN Dalton Burger, Public Member David Head, RN Debra Mattina, Public Member Kyle Nielsen, RN Nicole Osbourne James, Public Member Megan Sloan, RPN Katharina Skrzypek, RN Shannon Wright, RN STAFF CONTACT Karen McGovern, Director, Professional Conduct Paul Brennan, Manager, Reports and Prosecutions Sheryl Sarfin, Manager Complaints Melissa Jeethan, ICRC Administrator Charmaine Cadore, ICRC Administrator Angela Higham, ICRC Administrator

4 4 Appendix 1 Statistical Tables Section 1: Investigator Appointments Table 1. Activities Investigators Appointed Complaint Report - Quality Assurance Committee Report - Executive Director Report - Emergency appointment by Executive Director Total

5 5 Section 2: Complaints Table 1. Activities Activities Outcomes - final dispositions In progress as of December Total Table 2. Outcomes (a) Disposition Dispositions # % # % # % # % # % Adopt resolution Take no action abuse of process Take no action accept withdrawal Take no action Letter of advice Letter of concern Written caution Oral caution Educational program Oral/ written caution + educational program Refer to Discipline Committee Refer for health inquiry Accept undertaking Accept permanent resignation Total Letter of advice is a new disposition as of June Letter of concern is no longer a disposition as of June Written caution is no longer a disposition as of June 2015.

6 6 Section 2: Complaints (cont d) Table 2. Outcomes (cont d) (b) Interim orders on referral to Discipline Committee Outcomes Interim suspension Interim suspension - without notice Interim restrictions Interim restrictions - without notice Total Table 3. In Progress as of December 31 In Progress Deferred - explore prosecutorial viability Deferred - explore undertaking Deferred - by panel Intention - take no action - abuse of process Resolution not adopted investigate Total

7 7 Section 2: Complaints (cont d) Table 4. HPARB - Complaint not disposed of within 150 days (a) Applications Applications From complainants From members Total (b) HPARB Decisions Decisions received No review application withdrawn Direct ICRC to continue investigation Make recommendations to ICRC HPARB initiates investigation Total

8 8 Section 2: Complaints (cont d) Table 5. HPARB - Review of ICRC decisions (a) Requests Requests From complainants From members Total (b) Reviews Decisions Received # % # % # % # % # % No review request withdrawn No review abuse of process Confirm ICRC decision Make recommendations to ICRC Return - further investigation Return - further consideration Direct ICRC to change decision Total

9 9 Section 3: Executive Director Investigations Table 1. Activities Activities Outcomes final dispositions In progress as of December Total Table 2. Outcomes (a) Dispositions Dispositions # % # % # % # % # % Take no action Letter of advice Letter of concern Written caution Oral caution Educational program Oral/written caution + educational program Refer to Discipline Committee Refer for health inquiry Accept undertaking Accept permanent resignation Total Letter of advice is a new disposition as of June Letter of concern is no longer a disposition as of June Written caution is no longer a disposition as of June 2015.

10 10 Section 3: Executive Director Investigations (cont d) Table 2. Outcomes (cont d) (b) Interim orders on referral to Discipline Committee Outcomes Interim suspension Interim suspension - without notice Interim restrictions Interim restrictions - without notice Total Table 3. In Progress as of December 31 In Progress Deferred - explore prosecutorial viability Deferred explore undertaking Deferred by panel Total

11 11 Section 4: Incapacity Inquiries Table 1. Activities Activities Direction to attend medical assessment Outcomes final dispositions In progress as of December Total Table 2. Outcomes (a) Dispositions Dispositions # % # % # % # % # % Take no action Suspend until medical assessment complete Refer to Fitness to Practise Committee Accept undertaking/ agreement Cease inquiry* Total * ICRC loses jurisdiction to conduct incapacity inquiries for deceased or resigned members.

12 12 Section 4: Incapacity Inquiries (cont d) Table 2. Outcomes (cont d) (b) Interim orders on referral to Fitness to Practise Committee Outcomes Interim suspension Interim suspension - without notice Interim restrictions Interim restrictions - without notice Total Table 3. In Progress as of December 31 In Progress # % # % # % # % # % Awaiting report of assessment Conclude inquiry - issue report to member Deferred - explore undertaking/agreement Deferred - by panel Intention - suspend until assessment complete Total