Hearing Decisions

The Hearing Tribunal must, within a reasonable time after the conclusion of a hearing, issue a written decision that results from the hearing. In the decision, the Hearing Tribunal must include:

  • The matter in which it describes each finding made
  • The reasons for each finding
  • Any penalty order(s)

The Hearings Director must, on receiving the decision and record of the hearing, provide a copy of the decision to the Complaints Director and Registrar, the complainant, the MLT(s) involved, and the Minister of Justice and Attorney General, if so directed or requested.

The following is a summary (by year) of written Hearing Tribunal decisions. The findings may be presented without providing particulars to identify the complainant, MLT, or other affected parties, and are in accordance with the Hearing Tribunal publication directives. These summaries are not intended to provide comprehensive information on the complaint, details of the investigation, or Hearing Tribunal proceedings; they are for educational purposes only. Complaints that were dismissed (initially or post-investigation) or Section 118 directives are not contained in these summaries.

2020

A Hearing Tribunal made a finding of unprofessional conduct against an MLT who contravened the:

  • Health Professions Act (HPA)
  • CMLTA Standards of Practice
  • CMLTA Code of Ethics

They did so by failing to demonstrate basic entry level MLT skills; follow employer laboratory standard operating procedures; provide accurate, reliable, and/or timely patient laboratory test results; identify errors and/or remedy errors before releasing results; provide competent care; and understand and abide by the CMLTA Standards of Practice.

The MLT admitted to the unprofessional conduct and signed an Agreed Statement of Facts and a Joint Submission on Penalty in conjunction with the College. The Hearing Tribunal ordered a fine of $5,000, that the MLT shall work under direct supervision for six months, provide a copy of their job description and provide performance evaluations for one year.

2016

A Hearing Tribunal made a finding of unprofessional conduct against Mr. Pierre Poirier (CMLTA/CSMLS #0045206) who contravened the:

  • HPA
  • CMLTA Standards of Practice
  • CMLTA Code of Ethics
  • Alberta Health Services workplace violence policy by displaying grossly inappropriate and deliberate behavior over a significant period of time that presented a serious breach to the recognized and required workplace and personal behaviours for MLTs.

The MLT admitted to the unprofessional conduct and signed an Admission of Unprofessional Conduct and a Joint Submission Regarding Penalty in conjunction with the CMLTA. The Hearing Tribunal ordered immediate cancellation (effective the date of the Hearing on August 8, 2016) of Mr. Poirier’s CMLTA registration and MLT Practice Permit, fines of $2,000, publication of the Hearing Tribunal orders (including Mr. Poirier’s name on the CMLTA’s website and newsletter), and notification of the Minister of Justice and Solicitor General in accordance with section 80(2) of the HPA. Also, of importance is Mr. Poirier agreed in his signed Admission of Unprofessional Conduct that he will not, at any time in the future, seek reinstatement of his registration and practice permit.

Note: The case summary is high-level to protect the identity of those parties affected by Mr. Poirier’s behaviour and actions.

2014

Hearing 1

A Hearing Tribunal made two findings of unprofessional conduct against an MLT who contravened the:

  • HPA
  • CMLTA Standards of Practice
  • CMLTA Code of Ethics with
    1. the unauthorized and inappropriate access of multiple patient records, and unauthorized and inappropriate attempts to access multiple patient records
    2. the failure to provide accurate and/or complete information to the employer concerning charge (i)

The MLT admitted to the unprofessional conduct and signed an Agreed Statement of Facts and a Joint Submission on Penalty in conjunction with the CMLTA. The Hearing Tribunal ordered fines of $2,000 to be paid within 30 days and the successful completion of a health information access and privacy course to be completed within one year and at the MLT’s expense.

Hearing 2

A Hearing Tribunal made a finding of unprofessional conduct against an MLT who contravened the:

  • HPA
  • CMLTA Standards of Practice
  • CMLTA Code of Ethics by breaching patient confidentiality and privacy through the unauthorized access of patient files and/or medical records

The MLT admitted to the unprofessional conduct and signed an Admission of Unprofessional Conduct and a Joint Submission Regarding Penalty in conjunction with the CMLTA. The Hearing Tribunal ordered a fine of $750 and the successful completion of a health information access and privacy course to be completed within one year and at the MLT’s expense.

Hearing 3

A Hearing Tribunal made a finding of unprofessional conduct against an MLT who contravened the:

  • HPA
  • CMLTA Standards of Practice
  • CMLTA Code of Ethics by breaching patient confidentiality and privacy through the unauthorized access of patient files and/or medical records

The MLT admitted to the unprofessional conduct and signed an Admission of Unprofessional Conduct and a Joint Submission Regarding Penalty in conjunction with the CMLTA. The Hearing Tribunal ordered a fine of $750 and the successful completion of a health information access and privacy course to be completed within one year and at the MLT’s expense.

2011

Hearing 1

A Hearing Tribunal made a finding of unprofessional conduct against an MLT who contravened the employer’s established standard laboratory operating procedures and/or the CMLTA’s Standards of Practice by not, in accordance with the above:

  • spinning patient samples in accordance with the above
  • running quality control material and/or background instrument

The MLT admitted to the unprofessional conduct and signed an Agreed Statement of Facts and a Joint Submission on Penalty in conjunction with the CMLTA. The Hearing Tribunal ordered fines of $1500 and successful completion of a professional ethics course.

The Hearing Tribunal reminds all MLTs of the importance of pre-analytical procedures and processes (including centrifugation) and the importance of placing patient safety in higher regard than the time involved to perform a procedure.

Hearing 2

A Hearing Tribunal made a finding of unprofessional conduct against an MLT who:

  • deliberately breached patient confidentiality
  • accessed medical information on family members and co-workers on numerous occasions without appropriate authorization.

The MLT admitted to the unprofessional conduct and signed an Agreed Statement of Facts and a Joint Submission on Penalty in conjunction with the CMLTA. The Hearing Tribunal ordered fines of $1750 and successful completion of a professional ethics course.

Hearing 3

A Hearing Tribunal made a second finding of unprofessional conduct against an MLT who:

  • failed to comply with a previous Hearing Tribunal written order to provide proof of successful completion of a professional ethics course on or before September 30, 2010.

The MLT admitted to the unprofessional conduct. The Hearing Tribunal ordered completion of the original professional ethics course, payment of all outstanding fines/costs from the original Hearing Tribunal decision, $10,000 in costs, a $1,000 fine and completion of an administrative law course.

In the event, the MLT breaches any of the above orders and does not comply within the specified time frames, their practice permit and registration will be immediately cancelled by the Registrar. The Hearing Tribunal’s decision was strictly punitive as this was blatant non-compliance with a previous Hearing Tribunal order.

Hearing 4

A Hearing Tribunal made three findings of unprofessional conduct against an MLT who:

  • displayed a lack of knowledge, skill, or judgment in performing MLT duties by leaving the lab without notifying anyone of an error made in selecting an incorrect probe for a laboratory test
  • displayed a repetitive lack of judgment during the course of employment by not adhering to conditions of employment, specifically failing to renew, in a timely manner, an MLT practice permit for three consecutive years
  • displayed a repetitive lack of judgment during the course of employment by not adhering to conditions of employment, specifically chronic lateness

The MLT did not admit to the three charges of unprofessional conduct. The Hearing Tribunal ordered a formal reprimand be placed on the regulated member’s file, fines of $1,000, completion of a professional ethics course, and costs of $30,000 for the investigation, hearing and other associated costs.

Hearing 5

A Hearing Tribunal made two findings of unprofessional conduct against an MLT who:

  • demonstrated an inability to perform basic MLT duties with the required minimum independence and accuracy
  • failed to perform the following basic MLT to minimum acceptable standards: specimen labeling; specimen tracking, identification of peripheral blood smear red and white cell morphologies; identification of normal and abnormal cells in manual differentials; and processing of specimens utilizing automated hematology and coagulation analyzers

The MLT admitted to the unprofessional conduct and signed an Agreed Statement of Facts and a Joint Submission on Penalty in conjunction with the CMLTA. The Hearing Tribunal ordered fines of $750 and in the event the member secures future MLT employment, the CMLTA’s Complaints Director is to receive written performance evaluations at 60 and 90 day intervals from the employer.

Hearing 6

A Hearing Tribunal made two findings of unprofessional conduct against an MLT who:

  • failed to demonstrate basic MLT skills, knowledge, judgments, and abilities necessary to perform medical laboratory procedures in accordance with the College of Physicians and Surgeons of Alberta (CPSA) laboratory accreditation standards
  • who demonstrated unsatisfactory interpersonal and communication skills

The MLT admitted to the unprofessional conduct and signed an Agreed Statement of Facts and a Joint Submission on Penalty in conjunction with the CMLTA. The Hearing Tribunal ordered fines of $1000, completion of a formal medical laboratory science course in a specified area of professional practice and completion of a professional ethics course within six months of the date of service of the Hearing Tribunal order.

2010

Hearing 1

A Hearing Tribunal made a find of unprofessional conduct against an MLT who:

  • practiced as an MLT without a valid practice permit for six months
  • deceived the employer to erroneously believe that the practice permit had been renewed
  • deceived the employer to believe that the MLT was in possession of a valid practice permit for that six-month period

The MLT consented to an Admission of Guilt, an Agreed Statement of Facts, and a Joint Submission Penalty.  The Hearing Tribunal ordered fines of $2500, successful completion of a professional ethics course by a specified date and at the MLT’s expense, to write a letter of apology to the employer, and that subsequent annual practice permit renewals be submitted to the CMLTA by a specified date.

Hearing 2

A Hearing Tribunal made a finding of unprofessional conduct against an MLT who:

  • demonstrated inadequate knowledge, training, or skills and thus failed to perform basic medical laboratory procedures to minimum acceptable standards
  • demonstrated an inability to retain and carry out instructions necessary to perform the basic duties of an MLT to minimum acceptable standards
  • demonstrated a failure to follow-up with coworkers or supervisors when unsure of proper medical laboratory procedure and thus compromised laboratory processes, test results, or both

The MLT denied all allegations of professional misconduct. The Hearing Tribunal ordered successful completion of certification examinations administered by the Canadian Society for Medical Laboratory Science (CSMLS) and ordered payment of $10,000 for costs associated with the hearing and investigation.

2009

Hearing 1

A Hearing Tribunal made a finding of unprofessional conduct against an MLT who:

  • created a false 2008 MLT practice permit
  • provided the false document to the employer

The MLT admitted to the behaviour. The Hearing Tribunal reprimanded the MLT, ordered fines of $1000, and for the MLT to successfully complete a professional ethics course by a specified date.  Failure to meet the Hearing Tribunal orders in full would result in the cancellation of the MLT’s practice permit.

Hearing 2

A Hearing Tribunal made a finding of unprofessional conduct against an MLT who:

  • demonstrated an inability to understand and carry out instructions or directions relative to the performance of laboratory tests as ordered
  • failed to process/analyze STAT laboratory specimens in a timely and appropriate manner
  • demonstrated an inability to recognize and follow-up on critical laboratory test results
  • provided false information on an initial registration application form for an MLT practice permit

The MLT denied all allegations of unprofessional conduct. The Hearing Tribunal permanently cancelled the MLT’s registration and ordered a payment of $10,000 for the costs associated with the hearing and investigation.

 

 

 

 

 

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The College of Medical Laboratory Technologists of Alberta (CMLTA) is the regulatory body for Medical Laboratory Technologists (MLTs) employed in Alberta.

Treaty 6

We wish to acknowledge that the land on which the CMLTA office is located is Treaty 6 territory and a traditional meeting ground for many Indigenous people. This is home to the Cree, Blackfoot, and Metis, as it is for the Nakoda, Tsuu T’ina, Chipewayn, and other Indigenous people. Their spiritual and practical relationships to the land create a rich heritage for our life as community.

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301-9426 51 Avenue NW,
Edmonton, Alberta
T6E 5A6

Phone: 780-435-5452
Toll Free: 1-800-265-9351
Fax: 780-437-1442

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