Complaints & Investigation

The Government of Saskatchewan has granted the College of Medical Laboratory Professionals of Saskatchewan (CMLPSK) the authority and responsibility to regulate Medical Laboratory Technologists (MLTs) in Saskatchewan. Professional regulation aims to protect the public from risk and reduce harm to those a profession serves.

CMLPSK cannot investigate unregulated laboratory professionals such as: Phlebotomists, Medical Laboratory Assistants, Combine Laboratory and Xray Technologists, and Laboratory Scientists. Unregulated Health professionals are accountable to their employer for their actions and decisions.

The Medical Laboratory Technologists Act, 1995 (the “Act”) establishes two statutory committees: the Counselling & Investigation Committee and the Discipline Committee. They manage investigation and discipline process involving MLTs. The decision-making functions of the committees are independent of the CMLPSK office.

The processes of the committees are guided by the principles of administrative law – natural justice and procedural fairness:

  • The right to be informed
  • The right to respond to the allegations
  • The right to be represented
  • The right to a fair and impartial decision-making process
  • The right to have the case decided
  • The right to timely proceedings
  • The right to be provided reasons for the decisions made

What is a Complaint?

A complaint is when there are concerns about an Medical Laboratory Technologist’s conduct that alleges professional misconduct &/or incompetence.

If you want to file a complaint, there are some questions you should consider before your start:

  1. Is the complaint about an MLT?
  2. Have you attempted to resolve your concern already with the MLT or their employer?

If you are unsure if filing a complaint is the best way to proceed, please contact the CMLPSK office (306-352-6791) or contactus@cmlpsk.ca for assistance.

Is the complaint about a Medical Laboratory Technologist (MLT)?

Before proceeding, it is important to determine if the person is an MLT. While there are many different types of laboratory professionals in Saskatchewan, the CMLPSK is the regulatory authority that regulates Medical Laboratory Technologists (MLTs).

Use the CMLPSK Public Register to find out if the person you are concerned about is an CMLPSK registrant.

If the complaint is not about an MLT’s, please contact the organization who employs the MLT or A contact the SHA Client concern office in your area.

How to Submit a Complaint

If you are unable to resolve your complaint by speaking directly with the MLT, the MLT’s supervisor, or do not feel it appropriate to do either of those, you may want to submit a formal complaint to CMLPSK.

By completing the formal complaint form, you:

  • Acknowledge that you are lodging a written formal complaint and understand that it is the policy of the Regulator to investigate all written formal complaints.
  • Give permission to the Regulator to conduct a recorded interview with the Investigator.
  • Give permission to the Regulator to release your name, any named witnesses and share some or all the information and copies of documents that it receives from you, and any other person to:
    • The MLT named in the complaint (respondent) as needed only.
    • CMLPSK Investigator
    • CMLPSK Registrar
    • Counselling & Investigation Committee
    • Discipline Committee
  • Sign that the details and information provided are true, accurate and complete to the best of your knowledge.

If you have any questions related to the complaint submission process, if you require assistance or are unsure if the concern is a complaint: contact CMLPSK at 306-352-6791 or by email contactus@cmlpsk.ca

After a Complaint is Reported

Investigation and Discipline Process

Complaints & Discipline Process-select image to view

If the complaint is against an MLT, it will be referred to the Counseling and Investigation Committee “Investigation committee” for investigation.

Investigation steps:

  • The committee assigns an investigator to conduct the investigation, when further information is required to make a decision.
  • The MLT registrant is notified of the complaint and they are requested to respond within 30 days.
  • The investigator conducts interviews with the complainant, the MLT, and any witnesses and compiles evidence.
  • The Investigator prepares the information gathered and presents it to the Investigation Committee.

After having considered all information gathered, the Investigation Committee may make one or more of the following decisions:

No Further Action

The Investigation Committee may decide no further action will be taken regarding the matter if it is determined there is not enough evidence, or that the conduct is not considered professional misconduct and/or professional incompetence.

Mediation

The Investigation Committee may decide to resolve the complaint with mediation when the complaint concerns only the Complainant and the MLT and the complaint is not a risk to the public. In this situation both parties must agree to the mediation.

Caution 

The Investigation Committee may decide on a caution that is meant to help the MLT improve their practice and prevent them from repeating the behavior in the future. 

Required Education 

The Investigation Committee may decide the MLT must complete a specific continuing education or remediation program to address concerns found in the investigation. This is done to assist the MLT with improving their practice to practice safely, competently, and ethically.

Voluntary Surrender of Registration or License *

The Investigation Committee may decide to accept that the MLT  voluntarily surrenders their license to practice as a MLT.

Undertaking *

The Investigation Committee may decide to ask the MLT to voluntarily enter into an agreement to address the concerns by placing conditions and/or restrictions on a MLT’s license to practice.

Other Appropriate Action

The Investigation Committee may decide on other reasonable and appropriate action to address the concerns.

Discipline Hearing **

The Investigation Committee determines that there is enough evidence to support that the conduct occurred, and that the conduct cannot be addressed by the other outcomes. The Investigation Committee may decide that it is in public interest for the complaint to be referred to the discipline committee to conduct a formal hearing.

* These outcomes may be noted on the public roster.

** These outcomes will be noted on the CMLPSK website and the public roster.

 

The discipline hearing is a process similar to, but less formal than any other court, including:

  • the hearing may accept any evidence it considers appropriate, relevant and admissible.
  • all parties involved may be represented by legal counsel at their own expense.
  • testimony of witnesses is under oath.
  • examination, cross-examination, and re-examination is a full right of all parties involved.
  • failure of the registrant to appear does not delay nor postpone the hearing.

If the complaint is referred to the Discipline committee to conduct a hearing, the hearing is open to the public.

Hearings are either in-person or virtual and are conducted by the Discipline Committee which consists of both MLTs and a public representative to represent the public interest.

At the conclusion of the hearing, if the Discipline Committee finds that a MLT is guilty of either professional misconduct or professional incompetence as defined in the Act, the Committee can decide on one or more of the following actions:

  • Expel the MLT from the College
  • Suspend a MLT’s licence for a specific period of time
  • Suspend a MLT’s licence while they complete specific requirements
  • Place conditions upon the MLT’s licence
  • Pay a fine up to $2,000
  • Any other requirements as requested by the Committee

A registrant who has been found guilty by the Discipline Committee may appeal within 30 days of the decision to:

  • CMLPSK Council; or
  • to the court of king’s bench.

Written decisions of the CMLPSK’s Discipline Committee and the reasons for these decisions are available to the public and are published on the website for a period of 5 years.

If an order is made that affects the registrant’s licence or their ability to practice, the decision is recorded in the registrant’s file and noted on the public register.

The Medical Laboratory Technologists Act, requires employers to:

  • notify the CMLPSK if they terminate the employment of a MLT based on professional conduct or professional competence.

Search our document library