Overview of the Discipline Process
The discipline process is a key component of CRNPEI's legisaltive mandate to protect the public. Section VI of the Regulated Health Professions Act (RHPA) gives authority for the discipline process to the College to investigate and deal with complaints against nurse members. Section 36 of the RHPA authorizes any person to file a complaint against a CRNPEI member. Such complaints refer to allegations of professional misconduct, incompetence, incapability, lack of fitness to practice or conduct unbecoming by a member, but the complaint need not refer specifically to any of these phrases. The disciplinary process can be found in Part VI of the RHPA.
What is Professional Misconduct?
Professional misconduct is defined in Section 57(1) of the RHPA:
- the member contravenes this Act, the regulations, the bylaws, standards of practice, code of ethics or practice directions in a manner that, in the opinion of the investigation committee or the hearing committee, related to the member's suitability to practise a regulated health profession;
- the member has been found guilty of an offence that, in the opinion of the investigation commitee or the hearing committee, relates to the member's suitability to practise a regulated health profession;
- the member refuses or fails to cooperate fully in respect of the investigation or hearing of a complaint;
- the member contravenes an order made under this Act;
- the conduct of the member constitutes professional misconduct as set out in the regulations.
What is Professional Incompetence?
Professional incompetence is defined in Section 57(2) of the RHPA:
An act or omission of the member that:
- Demonstrates a lack of knowledge, skill or judgement,
- Demonstrates disregard for the safety and welfare of a client, or
- constitutes incompetence as set out in the regulations; or
- the member is unable to practice a regulation health profession in accordance with accepted professional standards for any reason, including that the member is impaired by illness, addiction or other incapacity.