College of Dietitians of British Columbia

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College of Dietitians of British Columbia
What every Dietitian should know about the
Complaint Process Mélanie Journoud, CDBC
Practice Advisor and Investigator October 23,
2009
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Topics

• CDBC mandate
• Complaint process
• Investigation
• Resolution options
• Discipline
• Health Professions Review Board
• Referrals and publication
• FOIPPA

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CDBC Mandate
it is the duty of the College at all times
to serve and protect the public, and exercise
its powers and discharge its responsibilities
in the public interest. Mandated objectives
include (d) to establish, monitor and enforce
standards of practice to enhance the quality of
practice and reduce incompetent, impaired or
unethical practice amongst registrants.
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Receiving Complaints

• Who?
• Public
• Dietitians
• Other professionals
• Media
• Lawyer

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Receiving Complaints

• In writing signed
• Complainant name and contact
• Dietitian name and work info
• Complaint details
• Determines jurisdiction legal sufficiency

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Complaint Process
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Types of Complaints
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Complaint Process
Dear Mrs. Watt I phoned the College of
Dietitians of BC yesterday to complain about the
conduct of Nancy Dietitian, Nutrition Consultant,
who is a registrant of the College. I was told
that I need to send my complaint to you, Head of
the Inquiry Committee, in writing. I weigh
just over 300 pounds and have tried many diets.
It has been a life-long frustration for me that
none of the diets worked. I started seeing
Nancy in August 2008 for help losing weight. She
had just opened a dietetic office called
HealthWorks near where I live and as well as
advertising herself as a weight control
specialist. There are before and after photos in
her office window of people who have lost amazing
amounts of weight following her program. I made
an appointment to see her and Nancy analyzed my
diet. She told me that I needed to lose at least
100 pounds and then gave me a generic diet plan
that was low in calories, carbohydrates and fat,
and also included 6 cans a day of Lose-A-Lot, a
lemon flavoured diet drink that she sells.
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Nancy told me that if I followed her plan, I
would lose 40 pounds over the next four months
and another 60 pounds in the following six
months. She also said that if I followed her
maintenance diet after that, which includes 3
cans of Lose-A-Lot a day, I wouldnt gain any
weight back. I was to see her once every two
weeks for a fee of 75 per visit. Lose-A-Lot
costs 20 for a dozen cans. The initial
consultation visit fee was 250. I met with
Nancy every two weeks and she reviewed my diet
records. I followed the diet strictly for 3
months and lost about 20 pounds, gained 5 pounds
back over Christmas, started again in January and
lost another 10 pounds by the end of February. I
have been doing what she said and have spent a
lot of money on the cans and visits but just
cant lose any more weight. I complained to
Nancy several times that her diet wasnt working
and she said that I must not be following it. It
is now April 2009. I have spent over 3500
dollars over the last seven months and have lost
25 pounds. I do not think Lose-A-Lot works and
question Nancys abilities as a Nutrition
Consultant. I think she took advantage of my
strong desire to lose weight and lied to me about
how much weight I could lose. I would like to see
her license taken away so that she cant take
advantage of any other overweight people. I
would also like to have my money refunded. Yours
truly, Sarah Farewell
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Decision

• Registrar communicates with
• Complainant
• RD
• Investigators

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Investigation

• Investigators work plan Analysis
• Receipt of letter of complaint
• What are the allegations?
• Misleading marketing
• Use of specialist and misleading title
• Services not based on evidence-based practice

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Investigation

• Investigators work plan Analysis
• Which Act, Regulation or Bylaw may have been
  violated?
• CDBC Bylaw, s.75 (2)(c), 3(a) and (b) Marketing
• Bylaw Sch. A - Code of Ethics, Prin. 1-4
• Bylaw Sch. B - Standards of Practice, 31 and 33

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Investigation

• Investigators work plan Planning
• Draft investigation plan and send to IC for
  approval
• Who Sarah Farewell, Nancy Dietitian
• What CDBC Bylaw 75, Code of Ethics, Stds of
  Practice
• Where Nancy Dietitians office
• When April 2007 to April 2009
• Why/how Need to find evidence of allegations via
  testimonies, observation of RD office,
  Lose-a-lot, records

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Investigation

• Investigators work plan Planning
• Draft investigation plan and send to IC for
  approval
• Do we need experts? Lose-a-lot analysis
• What type of interview? Phone, in-person
• Prepare interview outline
• Taking notes versus recording interviews?
• Handling of records for copying, timely return to
  owner
• Follow-up with all parties

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Investigation
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Investigation
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Resolution Options
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Resolution Options

• No action and dismissal
• Mediation
• Consent order
• Discipline

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Discipline

• Complaint is serious
• No consent agreement negotiated
• Similar to court proceedings
• Managed by lawyers CDBC and complainant
• Open to public

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Reports

• Notification to complainant and RD
• Reports to
• CDBC Board
• Registrants
• Public
• If serious, matter and RD name must be published
  on College website

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Health Professions Review Board

• Since 2008, BC Government
• May review College decisions
• inability of IC to resolve complaints or complete
  investigation within 120 days
• Review case dismissal/ consent order decision at
  complainants request
• www.hprb.gov.bc.ca

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Referrals Publication

• Referrals
• Criminal/ civil complaints referred to police
• Other regulatory organizations
• Publication
• Complaint information only published after final
  IC decision
• Complainant timeline to appeal to HPRB passed

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FOIPPA

• Decision retention
• Record safety
• Investigation records
• Resignation/ reinstatement following inquiry or
  discipline process

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Thank You!

• Questions?
• www.collegeofdietitiansbc.org
• Phone [phone]
• Toll free in BC 1.877.736.2016