Complaints Review Process Overview
Registering a Complaint about an Optician
The mission of the College of Opticians of British Columbia is to ensure that opticians provide safe and effective care. Should you feel that you have had an experience to the contrary, please let the college know. The College investigates all complaints related to a opticians’s professional practice.
The College does not have jurisdiction to investigate concerns about business practices, financial matters, poor service, or the manners of the optician (e.g. rudeness). These concerns should generally be referred to the practice manager
Step-by-Step Guide to the Complaints Process
Click on the following links for more information on the process:
1. Types of Complaints
2. How to Initiate a Complaint
3. Once the Complaint is Received
4. Complaint Resolution
5. Appealing the Decision
1) Types of Complaints
The College of Opticians regulates only opticians, student opticians and non practicing opticians in Brtish Columbia.
The College has limited legal authority or jurisdiction over optical stores, dispensaries, corporations or their non-optician owners or managers.
The College does not have the legal authority to deal with issues that are solely of a monetary nature, such as prices, warranties or refunds, which are not regulated. Should your concerns entail these issues only, please consider contacting the BC Better Business Bureau or the Small Claims Court.
2) How to Initiate a Complaint
Any person can file a complaint against an optician registered with the College. Those who file a complaint are known as the complainant(s). There is no time limitation on filing a complaint with the College.
The College can only act on complaints when the Registrar receives a complaint letter in writing, either as a written letter, fax, or e-mail (Health Professions Act, s. 32 (1)).
Please see Complaints: How to File a Complaint for details on what to include in the complaint letter.
3) Once the Complaint is Received
All complaints are treated in a confidential manner.
The following are the steps involved in the complaints process:
1) Upon receipt of a complaint, the College sends a letter to the complainant to acknowledge the receipt of the complaint.
2) The College sends a letter to the optician in question to notify him/her of the complaint, as well as a copy of the complainant's complaint letter. The optician is asked to write in his/her response to the College within 14 days, with his/her specific response to the complaint letter and send copies of documentation related to the complainant.
3) The complainant's complaint letter and the optician's response are forwarded to the Inquiry Committee of the College where the complaint is reviewed.
4) The Inquiry Committee determines whether additional investigation is required or whether there is sufficient information to reach a decision. The Inquiry Committee can do a number of things as part of its investigation, including:
- Getting clarification from both parties
- Inspecting products when applicable
- Interviewing and obtaining statements from witnesses or other persons
- Inspecting records
- Obtaining copies of documents
- Authorizing undercover investigation
The purpose of the investigation is to determine how the matter should be resolved. The Inquiry Committee does not conduct hearings and it meets in closed session (i.e.: without the complainant or the optician being present).
In determining the outcome of a complaint, the Inquiry Committee should have regard to, among other things, the legal requirements of establishing professional misconduct or incompetence and the strength and quality of the evidence against the member who is the subject of the complaint.
4) The Complaint Resolution
Once the investigation into a complaint has been completed, the Inquiry Committee can make any of the following decisions:
- Dismiss the complaint when appropriate and take no further action.
- Take any action it considers appropriate to resolve the matter between the complainant and registrant.
- Reprimand or remedial action by consent
- Refer a specified allegation of professional misconduct or incompetence against the optician to the Discipline Committee.
Both the complainant and the optician will receive written notification by registered mail regarding the outcome of the complaint. All information relating to the investigation and resolution of complaints is held in the strictest of confidence.
5) Appealing the Decision
Should the complainant be dissatisfied with the decision and reasons for the decision given by the Inquiry Committee, they have the right to appeal to the Health Professions Review Board within 30 days of receiving the notification regarding the outcome of the complaint (Health Professions Act, s. 50.6).
The College of Opticians of British Columbia has a mandate to investigate every written complaint made against its Members. The complaint process is clearly laid out in Part 3 of the Health Professions Act, where the Registrar and the Inquiry Committee are there to investigate complaints. If you should have any concerns about the level of care received or any aspect of professional conduct with regard to a Member of the College, please contact the Registrar at the College office: Tel: 604.278.7510, ext 203 (toll-free: 1.888.771.6755)
E-mail: jtorres@cobc.ca |