Health Professions Appeal and Review Board
What is the Health Professions Appeal and Review Board (The Board)?
The Board is the independent body to whom complainants and/or physiotherapists can seek a review if they have concerns related to the adequacy of the investigation of a complaint or the reasonableness of a decision issued by the Inquiries, Complaints and Reports Committee (ICRC).What is the role of the Health Professions Appeal and Review Board regarding complaints?
The Board reviews decisions made by the ICRC. This occurs when, following the release of the Committee’s Decision and Reasons, either the physiotherapist and/or the complainant requests a review. This request must be made to the Board within 30 days of receipt of the decision. When reviewing a decision made by the ICRC, the Board may only consider the following questions:- Did the Committee conduct an adequate investigation?
- Did the Committee make a reasonable decision?
What is a Pre Review Conference?
A pre review conference is a teleconference set up by the Board and hosted by a facilitator for the registrant and the complainant to discuss various issues regarding the request for review including but not limited to: administrative details, the goals of the parties and the scope of the review. A representative of the College is also invited to attend in the event that their assistance may be required.Who sits on the Health Professions Appeal and Review Board panel?
The panel usually consists of three members, one of the panel members will act as the Chair. Board members are not employed by the government nor have they ever been members of a regulated health profession.Who attends the Health Professions Appeal and Review Board review?
Both the complainant and the physiotherapist are invited to attend the review. Either party may bring legal counsel or a support person with them. A staff member of the College will be in attendance to answer any questions the Board may have regarding the investigation process and/or the decision. The reviews may be scheduled to take place in Toronto, London or Ottawa.Will the review proceed if the complainant and/or physiotherapist do not attend?
Yes. The Board asks that individuals notify them regarding whether or not they plan to attend. The review, however, proceeds in the absence of the complainant and/or physiotherapist.What is the role of the College representative?
The College representative attends the review to answer the panel’s questions regarding the investigation conducted and the decision relating to the complaint matter. This means that the College representative does not make a presentation but responds, when asked, to specific questions. The College representative cannot provide advice or assistance to either party prior to, during, or after the review.What results can I expect of a review made by the Health Professions Appeal and Review Board?
At the completion of its review, the Board can do one or more of the following:- Confirm all or part of the Committee’s decision,
- Make recommendations to the Committee,
- Require the Committee to take further action, for example:
- conduct further investigation,
- reconsider the complaint and issue a new decision,
- require the physiotherapist to appear before the Committee to be cautioned,
- refer specified allegations of professional misconduct or incompetence to the College’s Discipline Committee for a hearing.
Are reviews open to the public?
Reviews are open to the public and therefore other individuals may be present in the review room.Do I need a lawyer?
This is entirely up to you. Some individuals feel more comfortable attending with their lawyer. Others may seek assistance to prepare for the review but choose to attend with a friend, spouse or colleague.When will I know the results of the review?
The Board rarely makes its decision known at the end of the review. It will issue a written document with its Decision to the parties. The Decision and Reasons are sent to:- the complainant,
- the physiotherapist,
- the College involved
How Long Does the Process Take?
The review process currently takes approximately 18-24 months to complete.For further detailed information please contact:
The Health Professions Appeal and Review Board
151 Bloor Street West, 9th Floor
Toronto, Ontario, M5S 2T5
(416) 327-8512 or 866-282-2179 or http://www.hparb.on.ca
