Association of Hearing Instrument Practitioners of Ontario

Professional Practice Committee Policy

OVERVIEW 

To establish and maintain policies and procedures; to hear all complaints concerning  members of the Association and report its findings to the Board of Directors. The Code as  set out in Schedule 1 is interpreted and administered by the Professional Practice  Committee. The Board of Directors shall have the final authority.  

Individuals making complaints of a criminal nature shall be encouraged to report their  complaint to the police and to notify the association of the result, at which time  appropriate action will be taken.  

SECTION 1.0 

The President, with the approval of the Board of Director’s shall appoint a Committee  consisting of a Chair and at least three (3) active, certified members who shall hear all  complaints concerning members of the Association which shall be referred to it, and to  

this end may require any member to appear before it and give evidence concerning such  complaint. The Committee may require any evidence given before it to be given under  oath of affirmation. The Professional Practice Committee may request the assistance of  legal counsel whenever deemed necessary. After hearing any complaints, the Committee  shall report its findings to the Board of Directors, together with its recommendations. If  required by the Board, the Committee shall meet in person with the Board to advise the  board on any matter heard by the Committee.  

All complaints regarding the members of this Association shall be in writing, forwarded  to the Association’s office and addressed to the Chair, Professional Practice. Once  received in writing, the Chair, Professional Practice shall make a preliminary  investigation requiring the member to respond in writing about the complaint received  within 10 days of receipt of such request. The Chair, Professional Practice shall take this  complaint to the Committee which will take either of the following courses of action: 

Notify the member complained of in writing to comply with the decision of the  Committee. The (complained of) member must notify the Chair, Professional Practice  within 10 days by registered mail that they will abide by the committee’s decision and  ask such member to desist in the future from acts similar to those complained of. If the  member complained of complies with such request, the matter shall be filed for future  reference. If the member complained of does not comply with the request of the Chair,  Professional Practice, or if in the judgment of the Chair, Professional Practice the  compliant is of a serious nature, particularly if the public interest is involved, he/she may  at his/her discretion refer the complaint directly or subsequently to the Board of Directors  of the Association at the next regularly scheduled meeting.

SECTION 1(B) 

The Board of Directors may accept, modify, or reject the recommendations of the  Professional Practice Committee and shall direct the Chair to notify the member  complained of, of the action of the Board. The member has 10 days of receipt of such  decision to respond to the Board’s decision. If the member does not comply with the  Board of Directors decision they may elect to appear before the Board of Directors at  their next scheduled meeting. To this end, he/she may be represented by counsel, if  he/she so desires. 

SECTION 2 

If the Board shall find the complaint justified, it shall take such actions against the party  found guilty of an infraction of the rules or Code of Ethics of the Association as they  shall deem fitting and proper, in view of the gravity of offence. In its discretion, the  Board may, among other things: 

  1. a) File its opinion on the complaint with the Secretary to be held for future  reference. 
  2. b) Reprimand the member found guilty and file this complaint as above described. c) Fine the member a sum not to exceed $25,000.00 
  3. d) Suspend the member for a period not to exceed one year from all privileges of the  Association provided that such suspension shall not constitute a waiver of dues  for the period of suspension, and fine such member a sum not to exceed  $25,000.00 
  4. e) Expel the member from membership and send notification of such expulsion to all  appropriate government agencies. 

SECTION 3 

If any member so found guilty and fined shall fail to pay such fine within thirty (30) days,  or any further time granted by the Board on good cause shown, he/she shall be  automatically expelled from membership. 

SECTION 4 

Decisions reached by the Professional Practice Committee of the Association concerning  a member shall, subject to appeal pursuant to Section 5, be binding when confirmed by  the Board of Directors. 

SECTION 5 

A disciplined member may appeal the decision of the Board of Directors by notice, in  writing within 30 days of receipt of such decision. The appeal must be heard within three  weeks of receipt of the request. At such hearing, the member complained of may present  evidence on his/her own behalf in answer to the complaint and may present argument concerning the complaint. To this end, he/she may be represented by counsel, if he/she  desires. The appeal board shall consist of seven persons (none of whom shall have previously sat on a committee with respect to the specific grievance being considered by  the appeal board): two members of the Association appointed by the disciplined member;  two members appointed by the Board of Directors; and three non-members of the  Association, mutually appointed and agreed upon by the appellant and the Board of  Directors. The non-members will consist of representatives of three out of the following  five (5) categories: 

  1. Hard of Hearing Consumer from Ontario 
  2. Physician, Reg. College of Physicians and Surgeons of Ontario (CPSO) 3. Audiologist, Reg. College of Audiology and Speech Language Pathology of  Ontario (CASLPO) 
  3. A representative from the Canadian Auditory Equipment Association (CAEA)  based in Ontario 
  4. A representative from an Ontario accredited Hearing Health Care, post secondary Educational Institution 

The expense of these seven persons will be carried by the Association. The decision,  based on a majority vote of the appeal board, will override any previous decisions on this  matter and will be mailed to the disciplined member, the Board of Director’s and the  complainant within one week of the hearing.