Discipline Committee Authority
In making any order the Discipline Committee shall take into consideration:
- The age, experience and maturity of the person(s) involved.
- The nature of the misconduct.
- Any information which, in the opinion of the Committee is reliable and relevant to the determination of an appropriate order, including:
- previous misconduct of the Member
- the professional record of the Member.
- any circumstances provided by the Member in mitigation
- Minimizing or avoiding risk of harm to the public.
- Deterrence regarding the member (deterring the member from committing similar unprofessional conduct)
- Deterrence regarding the profession at large (deterring members of the profession from committing similar unprofessional act)
- The number of times that the unprofessional action occurred (including frequency and pattern of occurrence)
- Whether the unprofessional conduct was intentional, inadvertent, or accidental.
- The members regret and acceptance of responsibility.
- Rehabilitating the member.
- The nature and gravity of the misconduct.
- Whether the member has made restitution.
- Consistency with prior decisions of the board where similar facts were present.
- Preserving the integrity and good standing of the profession in the eyes of the public.
The Discipline Committee may make any one or more of the following orders:
- Dismiss the complaint.
- Reprimand the Member, with warning as to his/her future conduct.
- Suspend the Member for a defined period of time. If the Member is suspended, this shall be noted in the Membership register and membership rights and privileges shall be removed during the period of suspension.
- Expel the Member from the Association and so order the following:
- notice shall be sent to all professional health care associations and relevant intergovernmental agencies;
- the Member's name and registration number shall be removed from the Membership register and cancel his/her membership rights and privileges;
- ensure that Member is ineligible to serve in any function within the Association or attend any Association activity.
- In cases where the Member has been found to have committed an act of professional misconduct or is found incompetent, he/she may be ordered to pay all or part of the Association’s costs incurred in investigating the matter and conducting the hearing.
- Specify conditions under which the Member may continue to practice, including some or all of the following:
- issuing a reprimand
- imposing conditions or limitation on an area of practice
- medical or capacity to practice assessments
- obtaining further education or experience requirements
- The Discipline Committee may also order a follow up visit by members of the Complaints Committee after a lapse of a specific period of time, to insure that the Discipline Committee’s requirements have been implemented.
- If a member fails to comply with any order of the Discipline Committee, the Discipline Committee may make any further order (including penalty) that it considers appropriate and without the necessity of convening a further hearing.
- A written report documenting any amended orders or recommendations must be sent to the Board of Directors for their immediate action.