ABVMA COMPLAINTS ABVMA COMPLAINTS PROCESSPROCESS

ABVMA COMPLAINTS PROCESS ABVMA COMPLAINTS PROCESS ANIMAL HEALTH TECHNOLOGISTSANIMAL HEALTH TECHNOLOGISTS Animal health technologists are registered Animal health technologists are registered

members of the ABVMAmembers of the ABVMA Goal is to harmonize discipline process for Goal is to harmonize discipline process for

all members, veterinarians and animal all members, veterinarians and animal health technologistshealth technologists

ROLE OF THE ABVMAROLE OF THE ABVMAThe professional regulatory The professional regulatory organization responsible for the organization responsible for the practice of veterinary medicine in practice of veterinary medicine in Alberta under authority of the Alberta under authority of the Veterinary Profession Act.Veterinary Profession Act.

ABVMA MISSIONABVMA MISSION “ “Serving society by regulating, Serving society by regulating,

enhancing and providing leadership enhancing and providing leadership in the practice of the profession of in the practice of the profession of veterinary medicine”.veterinary medicine”.

ROLES AND RESPONSIBILITIESROLES AND RESPONSIBILITIESABVMAABVMA

Responsibility as Statutory BodyResponsibility as Statutory BodyEstablished by legislationEstablished by legislation

Responsibility as Professional BodyResponsibility as Professional BodyEstablished by values of the Established by values of the

professionprofessionProfessional enhancementProfessional enhancement

ROLES AND RESPONSIBILITIES ROLES AND RESPONSIBILITIES MEMBERSMEMBERS

LegislatedLegislatedVeterinary Profession Act, General Veterinary Profession Act, General

Regulations, Bylaws, Council GuidelinesRegulations, Bylaws, Council Guidelines Professional EthicsProfessional Ethics

Canadian Veterinarians Oath, Canadian Veterinarians Oath, Regulations on EthicsRegulations on Ethics

ABVMA APPROACHABVMA APPROACH Purpose is to ensure COMPLIANCE Purpose is to ensure COMPLIANCE

through a harmonized legislative through a harmonized legislative and professional process.and professional process.

ABVMA balances legislation and ABVMA balances legislation and professional ethics.professional ethics.

STEPS TO ACHIEVE COMPLIANCESTEPS TO ACHIEVE COMPLIANCE1.1. Establish StandardsEstablish Standards2.2. Inform and educate members and the Inform and educate members and the

publicpublic3.3. Inspection and verification activitiesInspection and verification activities4.4. Advising membersAdvising members5.5. Receive information and accept public Receive information and accept public

complaintscomplaints6.6. Enforcing StandardsEnforcing Standards

VETERINARY PROFESSION ACTVETERINARY PROFESSION ACT PART 5 – PROFESSIONAL CONDUCTPART 5 – PROFESSIONAL CONDUCTDIVISION 1 – COMPLAINT PROCESSDIVISION 1 – COMPLAINT PROCESS

The Practical ApplicationThe Practical ApplicationWhat to expect.What to expect.What is expected of youWhat is expected of you

COMPLAINTSCOMPLAINTSFinding of Unprofessional ConductFinding of Unprofessional Conduct

vs.vs.An “off day” or “not at your best”An “off day” or “not at your best”

The difference?The difference?

COMPLAINTSCOMPLAINTS

The best way to deal with a The best way to deal with a complaint is to avoid it.complaint is to avoid it.

COMPLAINTSCOMPLAINTS

The best way to avoid a The best way to avoid a complaint is through good complaint is through good communication.communication.

COMPLAINTSCOMPLAINTS

Avoid a complaint - Avoid a complaint - DON’T BE A JERK!DON’T BE A JERK!

COMPLAINTSCOMPLAINTSThe second best way to The second best way to deal with a complaint is deal with a complaint is through good medical through good medical records.records.

COMPLAINTS-MEDICAL RECORDSCOMPLAINTS-MEDICAL RECORDS Medical Records are your legal Medical Records are your legal

document of the treatment of your document of the treatment of your patient and client communication.patient and client communication.

Medical records must be Medical records must be contemporaneous.contemporaneous.

COMPLAINTS-MEDICAL RECORDSCOMPLAINTS-MEDICAL RECORDS Additions to records must be dated to Additions to records must be dated to

indicate the date the entry was made and indicate the date the entry was made and signed.signed.

Medical records must be accurate and Medical records must be accurate and complete.complete.

All the information in the medical record is All the information in the medical record is the property of the client.the property of the client.

COMPLAINTSCOMPLAINTSInformal ComplaintsInformal ComplaintsFormal ComplaintsFormal Complaints

INFORMAL COMPLAINTSINFORMAL COMPLAINTS Most Common type of complaintMost Common type of complaint Usually regarding fees or communication Usually regarding fees or communication

problemsproblems Not a legislated processNot a legislated process Complaints Director can help resolve Complaints Director can help resolve

issuesissues

INFORMAL COMPLAINTSINFORMAL COMPLAINTSIncrease CommunicationIncrease Communication

Complainant calls the memberComplainant calls the member Complainant writes letter to member and cc to Complainant writes letter to member and cc to

Complaints DirectorComplaints Director Complaints Director calls the memberComplaints Director calls the member

May proceed to formal complaints processMay proceed to formal complaints process

“I am unhappy with the service I received at your clinic. The Complaints

Director suggested that I call the Doctor.”

This is your opportunity to correct a situation This is your opportunity to correct a situation that may escalate into a formal complaint with that may escalate into a formal complaint with investigation and committee review.investigation and committee review.This is your problem – DEAL WITH IT! This is your problem – DEAL WITH IT!

WHAT DO YOU SAY?WHAT DO YOU SAY? ““I am I am sorrysorry that you are unhappy that you are unhappy with our services. We aim to have with our services. We aim to have 100% client satisfaction. I would 100% client satisfaction. I would appreciate it if we could arrange a appreciate it if we could arrange a time for you to come in to discuss the time for you to come in to discuss the issue.”issue.”

FOLLOWED BY…FOLLOWED BY…““What can I do to make this better?”What can I do to make this better?”

Listen to the client, they need to be heard.Listen to the client, they need to be heard. Take ownership.Take ownership. Find out what they want and if reasonable, Find out what they want and if reasonable,

comply.comply. If you need advice or support, call the ABVMA.If you need advice or support, call the ABVMA.

NOT A TIME TO STAND ON NOT A TIME TO STAND ON PRINCIPLE.PRINCIPLE.

NOT A TIME TO STAND ON NOT A TIME TO STAND ON PRINCIPLE.PRINCIPLE.

“Would you rather be Right Would you rather be Right or Happy?”or Happy?”

FORMAL COMPLAINTSFORMAL COMPLAINTS Allegations of Unskilled Practice or Allegations of Unskilled Practice or

Unprofessional ConductUnprofessional Conduct Cannot try to convince the complainant Cannot try to convince the complainant

that a Formal Complaint is not that a Formal Complaint is not appropriateappropriate

NotNot about Fees or Lack of Communication about Fees or Lack of Communication

FORMAL COMPLAINT PROCESSFORMAL COMPLAINT PROCESS Written to the ABVMAWritten to the ABVMA The investigated member is The investigated member is

informed and must respond in informed and must respond in writing with all documentationwriting with all documentation

An investigator is appointed and An investigator is appointed and prepares an Investigator Reportprepares an Investigator Report

Complaint Review CommitteeComplaint Review Committee

COMPLAINT REVIEW COMMITTEECOMPLAINT REVIEW COMMITTEE Preliminary CommitteePreliminary Committee CRC has only 3 outcomes:CRC has only 3 outcomes:

Complaint is dismissed as Trivial or VexatiousComplaint is dismissed as Trivial or Vexatious Complaint is dismissed due to insufficient or no Complaint is dismissed due to insufficient or no

evidence of unprofessional conductevidence of unprofessional conduct Complaint is referred to the Hearings Director Complaint is referred to the Hearings Director

for a hearingfor a hearing

HEARINGHEARING Adversarial ProcessAdversarial Process ABVMA Responsibility - TruthABVMA Responsibility - Truth Roles changeRoles change Get a LawyerGet a Lawyer

HEARINGHEARING

Get a LawyerGet a Lawyer

HEARINGHEARING

Get a LawyerGet a Lawyer

HEARINGHEARING Notice of HearingNotice of Hearing Quasi-Judicial ProcessQuasi-Judicial Process Modified rules of evidence.Modified rules of evidence. Tribunal decides on each allegationTribunal decides on each allegation

Guilty Guilty Not GuiltyNot Guilty

HEARINGHEARINGOrders of the Tribunal (Sanctions)Orders of the Tribunal (Sanctions) Sanctions tend to favor correction rather Sanctions tend to favor correction rather

than punishmentthan punishment Cost of the process to this extent is Cost of the process to this extent is

significant and costs are assessed to the significant and costs are assessed to the member.member.

CONSENT ORDERCONSENT ORDER Provides to the member the opportunity Provides to the member the opportunity

to take responsibilityto take responsibility Similar to a ‘Plea Bargain’Similar to a ‘Plea Bargain’ Will result in a finding of Unprofessional Will result in a finding of Unprofessional

ConductConduct..

CONSENT ORDERCONSENT ORDER Member may present some mitigating Member may present some mitigating

factorsfactors Not the place to argue or debate the Not the place to argue or debate the

factsfacts Member may provide input as to Member may provide input as to

sanctionssanctions

APPEALSAPPEALS Council is the appeal bodyCouncil is the appeal body Complainant may ‘Request a review of Complainant may ‘Request a review of

the decision of the CRC to dismiss the the decision of the CRC to dismiss the complaint’.complaint’.

Member may appeal a guilty finding or Member may appeal a guilty finding or any sanction ordered by the Tribunal.any sanction ordered by the Tribunal.

APPEALSAPPEALS Complaints Director may appeal a finding Complaints Director may appeal a finding

or sanction ordered by the Tribunal.or sanction ordered by the Tribunal. Member may appeal to Alberta Court of Member may appeal to Alberta Court of

Appeal if there is a breach of process.Appeal if there is a breach of process. Complainant may complain to provincial Complainant may complain to provincial

Ombudsman.Ombudsman.

SUMMARYSUMMARY Complaints will happen, You have the power to avoid or deal with

complaints, Get legal counsel if a complaint is

referred to a hearing, Consider Consent Order if appropriate.

Thank you.Thank you.Questions?Questions?