Disciplinary
Procedures in Handling Complaints against
Registered Medical Laboratory
Technologists |
 |
Introduction
The
Medical Laboratory Technologists Board of Hong Kong
is empowered by law to deal with complaints against
registered medical laboratory technologists touching
on matters of professional misconduct. It has no jurisdiction
whatsoever over claims for refund or compensation, which
should be pursued through separate civil proceedings.
2.Complaints
against registered medical laboratory technologists
are handled by the Medical Laboratory Technologists
Board in accordance with the Supplementary Medical Professions
Ordinance (Cap. 359) and the Medical Laboratory Technologists
(Registration and Disciplinary Procedure) Regulations.
The steps involved are outlined in the ensuing paragraphs.
Receipt of Complaint
3.On
receipt of a written complaint, the Secretary will refer
it to the Chairman of the Preliminary Investigation
Committee (PIC) of the Board for consideration. The
PIC Chairman is a member of the Board nominated by the
Board and appointed by the Chairman of the Board.
Consideration by the PIC Chairman
4.Having
regard to the information available, the Chairman will
decide on one of the following courses of action:
| (a) |
dismiss the complaint if he is satisfied
that the complaint is frivolous or groundless; or |
(b) |
call for a meeting of the PIC to discuss the matter;
or |
(c) |
collect further information from the complainant,
before coming to a determination as to whether the
complaint should be dismissed or referred to the
PIC. |
Meeting of the PIC
5.The
PIC comprises, apart from the Chairman, two other Part
I registered medical laboratory technologists each nominated
by an association of medical laboratory technologists
in Hong Kong. Before the matter is discussed at a PIC
meeting, the registered medical laboratory technologist
being complained will be informed of the substance of
the complaint and be invited to give an explanation
in reply.
6.At
the meeting, the PIC will consider the letter of complaint,
the explanation submitted by the registered medical
laboratory technologist and any other relevant information
which is available, and decide whether to:
| (a) |
dismiss the complaint, or |
(b) |
refer the complaint in whole or in part to the Medical
Laboratory Technologists Board for inquiry. |
Inquiry of the Medical Laboratory
Technologists Board
7.The
inquiry is conducted in accordance with a set of statutory
disciplinary procedures. At the hearing, either the
Secretary or the complainant may present the case against
the registered medical laboratory technologist. When
the case against the technologist is closed, the technologist
will be given opportunity to defend his case and to
adduce evidence in support. The complainant may also
be called upon to testify in person.
8.At
the conclusion to the hearing, the Board may :-
| (a) |
dismiss the complaint if the registered
medical laboratory technologist is not guilty of
the offence charged; or |
(b) |
make an order against the registered medical laboratory
technologist if he is found guilty of the offence
charged. |
9.Upon
the Board making a finding of guilt, the registered
medical laboratory technologist may be punished by way
of a disciplinary order. It includes the removal of
the registered medical laboratory technologist's name
from the register of medical laboratory technologists,
a reprimand or a warning letter. If the registered medical
laboratory technologist is aggrieved by the decision
of the Board, he may appeal to the Court of Appeal.
Notification of Results
10.Depending
on the complexity of each case, it takes generally a
few months before a case can be concluded. In any event,
a complainant will be informed in writing of the progress
of the disciplinary proceedings as far as possible. |
