Disciplinary
procedures in handling complaints against
registered occupational therapists |
 |
Introduction
The
Occupational Therapists Board of Hong Kong is empowered by
law to deal with complaints against registered occupational
therapists 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 occupational therapists are handled by
the Occupational Therapists Board in accordance with the Supplementary
Medical Professions Ordinance (Cap. 359) and the Occupational
Therapists (Registration and Disciplinary Procedure) Regulations.
The steps involved are outlined in the ensuing paragraphs.
Receipt of Complaints
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) |
to dismiss the complaint if he is satisfied that the complaint is frivolous
or groundless; or |
(b) |
to call for a meeting of the PIC to discuss the matter;
or |
(c) |
to 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
occupational therapists, one in the employment of the Government
or the Hospital Authority and the other not, both nominated
by the Hong Kong Occupational Therapy Association. Before
the matter is discussed in a PIC meeting, the registered occupational
therapist 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 occupational therapist
and any other relevant information which is available, and
decide whether:
| (a) |
to dismiss the complaint, or |
(b) |
to refer the complaint in whole or in part to the Occupational
Therapists Board for inquiry. |
Inquiry of the Occupational Therapists
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
occupational therapist. When the case against the occupational
therapist is closed, the occupational therapist 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
occupational therapist is not guilty of the offence
charged; or |
(b) |
make an order against the registered occupational therapist
if he is found guilty of the offence charged. |
9.Upon
the Board making a finding of guilt, the registered occupational
therapist may be punished by way of a disciplinary order.
It includes the removal of the registered occupational therapist's
name from the register of occupational therapists, a reprimand
or a warning letter. If the registered occupational therapist
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. |
