I Have a Concern About an Occupational Therapist

Have a concern or complaint about an occupational therapist? 

If you are concerned about the conduct and practice of an occupational therapist, you should contact the Registrar of the Nova Scotia Occupational Therapy Regulator at 902-455-0556 or toll-free in Nova Scotia 1-877-455-0556.

You do not need to share your name or contact information when discussing a concern. If and when you would like to make a formal complaint, your contact information will be required. 

The steps of the complaint process are outlined below. 

Step 1. Initiating a Complaint

Complaints can be brought forward to the Regulator in a variety of ways. Complaints may come from members of the public, or their families, with concerns regarding the conduct and competence of an occupational therapist and may include inappropriate and/or unprofessional care. Complaints may also come from employers or colleagues of occupational therapists who may be required, in certain specific circumstances, to report concerns to the Regulator.  The Registrar of the Regulator may also initiate the complaint process.

The Regulator is required under the Regulated Health Professions Act to investigate all complaints about a registrant's practice submitted to the Regulator. Complaints need to be made in writing and formal complaints cannot be anonymous.  The complaint should include the following information:

• Your name and contact information (address, phone number, email, etc). You will be the Complainant. 
• The name of the occupational therapist.
• A detailed description of your complaint, including relevant dates.
• Support documentation you wish to submit for consideration (Only one document can be uploaded with the online complaint submission, but you will have opportunity to send more documents). 
• Details of any discussions with the occupational therapist about the concern.

Ways to submit a formal complaint: 

• You can submit the complaint online.
• You can print a complaint form.  Written complaints and supporting documents may be mailed to:

• You can contact the Registrar by email at registrar@nsotr.ca
• You can call if you have difficulty submitting a written complaint: 902-455-0556 or 1-877-455-0556.

Once the Regulator receives a formal complaint we will contact you (the complainant) for more information and clarification as needed. This may include personal health information on the client as required to complete the investigation process. The occupational therapist will be notified and will be provided a copy of the complaint.  

Step 2.  Complaints Committee

The Regulator will refer the matter to the Complaints Committee in accordance with the Regulated Health Professions Act.  The Complaints Committee will form a panel that consists of at least two registrants of the Regulator and one public representative who does not have a degree in occupational therapy. The panel will review the complaint and determine the steps required to complete an investigation into the matter. They may require the occupational therapist to:

• Respond to the allegations in the complaint
• Submit to a practice inspection or audit
• Submit to physical or mental examinations
• Provide records or accounts

All documents received in the course of an investigation are strictly confidential and cannot be shared outside of legal counsel.  

After completing an investigation into the matter, the Complaints Committee will make a determination in accordance with the Regulated Health Professions Act.  The Committee may:

• Dismiss the complaint
• Attempt to resolve the matter informally
• Refer the matter for mediation, with the consent of both parties
• Counsel and/or caution the occupational therapist
• Reprimand the occupational therapist, with their consent
• Require the occupational therapist to undergo treatment or re-education, with their consent
• Refer the matter to the Professional Conduct Committee for a hearing

The Complaints Committee will file its decision and rationale at the Regulator's office and provide a copy to the complainant and the occupational therapist.

Step 3.  Professional Conduct Committee

If the matter is referred to the Professional Conduct Committee, that committee will form a panel that consists of at least three members of committee, one of which must be a public representative. The Professional Conduct Committee's panel will conduct a hearing in accordance with the Regulated Health Professions Act. A notice of the hearing will be provided to the complainant and the occupational therapist, and will be posted publicly. In a hearing, the occupational therapist is entitled to all the rights of natural justice, including:

• The right to be present and to be represented by legal counsel
• To know all the evidence 
• To present evidence
• To cross-examine witnesses

Upon hearing the evidence, the Professional Conduct Committee panel will determine if the occupational therapist is guilty of professional misconduct, conduct unbecoming of an occupational therapist, or professional incompetence or incapacity.  If the panel determines that the occupational therapist is guilty, they may decide to:

• Revoke the occupational therapist's registration
• Suspend the occupational therapist's registration for a specified period
• Impose conditions, limitations, or restrictions to the occupational therapist's registration
• Require the occupational therapist to undergo treatment or re-education
• Reprimand the occupational therapist
• Require the occupational therapist pay a fine to the Regulator
• Impose other dispositions it considers appropriate

Should the Professional Conduct Committee find the registrant not guilty, the charges may be dismissed.

The Professional Conduct Committee will file its decision and rationale with the Regulator's office and provide the complainant, the occupational therapist, and other persons considered appropriate, with a copy.

Appeal

The occupational therapist may appeal on any point of law from the findings of the Professional Conduct Committee to the Nova Scotia Court of Appeal. The Court may, in its discretion, grant a stay of any order made, pending the Court's decision.