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How Are Complaints Resolved?
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 look at how a complaint can be resolved after an investigation concludes. There are a number of ways that the CLPNA can resolve a complaint against an LPN. Possible resolutions are explored in detail below.
Dismissal
The Complaints Director or their delegate can dismiss a complaint if there is not sufficient evidence of unprofessional conduct or if it is determined that the allegations do not meet the definition of 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.
Consent resolution
A complaint can be resolved with a consent resolution, which is an agreement between the CLPNA and the LPN, if both the complainant and LPN provide consent. It may involve various remedial activities such as education, a coaching session with a CLPNA Practice Advisor, or any other activity to address the conduct. It may also include a financial charge.
Consent resolution is the most common outcome for complaint files. Per our 2024 Annual Report, 68% of the files closed last year were resolved via this means. Read more statistics in our Annual Report.
Incapacity
If the Complaints Director has grounds to believe that an LPN is suffering from a physical, mental, or emotional condition or disorder or an addiction to alcohol or drugs, which impacts their ability to provide nursing care in safe and competent manner, the complaint process may be deferred to instead focus on the LPN’s fitness to practice. The LPN may be directed to submit to a specific physical or mental examination or both. This is known as incapacity. Incapacity is defined under Section 118 of the Health Professions Act.
Disciplinary hearing
A disciplinary hearing is a formal legal process used to resolve complaints. Disciplinary hearings are conducted before a Hearing Tribunal. A Hearing Tribunal is a legislated committee consisting of two LPN members and two public members. If the regulated member is found to have engaged in unprofessional conduct, the Tribunal can impose sanctions as outlined in the Health Professions Act.
Contested or uncontested
The regulated member may agree to some or all of the allegations against them. They will work with the CLPNA to develop an Agreed Statement of Facts on the allegations they agreed to. No witnesses will need to be called for matters that are agreed upon. This type of hearing is considered uncontested.
For any allegations that are agreed upon, sanctions/penalties are proposed by the Complaints Director. The regulated member may agree to some or all of the sanctions. They will work with the CLPNA to develop a Joint Submission on Penalty on the sanctions that are agreed upon. When sanctions are contested, proposed sanctions are presented to the Hearing Tribunal by both the Complaints Director and the LPN or their representative. The Hearing Tribunal will then determine what sanctions to order.
The regulated member can contest some or all of the allegations against them. When allegations are contested, witnesses are called to testify before the Hearing Tribunal and evidence is presented. The Hearing Tribunal will then determine whether the allegations are proven or not. If there are allegations that have been proven, both the Complaints Director and the LPN or their representative will propose sanctions/penalties to the Hearing Tribunal who will then determine what sanctions to order.
Written decisions
Following a hearing, the Hearing Tribunal will consider the facts and render a written decision. Written decisions are sent to the regulated member and the complainant, and they are posted on the CLPNA website for a predetermined amount of time.