Within 30 days of receiving your complaint, SAMRT will send you a letter acknowledging receipt of your complaint. At the same time, the complaint is forwarded to the SAMRT Professional Conduct Committee (“PCC”) to be reviewed and investigated. Please note that the investigation process can take several months.
The Professional Conduct Committee conducts investigation into all written complaints received by the SAMRT. The PCC determines what will happen to a complaint; it must determine whether the MRT’s conduct likely falls within the definition of professional misconduct and/or professional incompetence as set out in The Medical Radiation Technologists Act, 2006.
1. Take no further action.
If the PCC considers that the conduct likely does not constitute professional misconduct and/or professional incompetence, the PCC will dismiss the complaint.
2. Requiring the member to complete specific additional training or education.
If the PCC considers that the conduct likely does constitute professional misconduct and/or professional incompetence, then the MRT’s conduct must be addressed to ensure public safety. There are two ways this can be accomplished:
a) The PCC may enter an agreement with the MRT under which the MRT acknowledges the problems with his or her conduct and agrees to complete the remedial measures by a certain date, as specified by the PCC.
b) If such an agreement is not reached, then the matter must be referred to a hearing before the Discipline Committee.
The complainant will receive a copy of the PCC’s decision to dismiss the complaint or resolve it by agreement. If the complaint is referred to a hearing, you will receive notice of the date, time and place of the hearing.
3. Refer a complaint to the Discipline Committee for a hearing
If a matter goes to hearing, a Notice of Hearing will be posted on the SAMRT website. At the hearing, the PCC acts as the prosecutor and the MRT is entitled to appear and defend their self. Both the PCC and the MRT are entitled to call witnesses to provide evidence about the MRT’s conduct. The lawyer for the PCC may ask the complainant to provide evidence at the hearing about what happened. The MRT (or his or her lawyer) may cross-examine the complainant. The Discipline Committee acts as the judge and makes a determination as to whether or not the conduct complained of constitutes professional misconduct and/or professional incompetence as defined in the Act and, if it does, what consequence should be imposed as a result.
A member who has been found guilty by the Discipline Committee may appeal the decision within 30 days of the decision.