The Complaints Process

The College of Opticians of Ontario is mandated to investigate every written or recorded complaint made against one of its members. Should there be any concern about the level of care received or any aspect of professional conduct with regard to a registered member of the College of Opticians, please contact the office and speak with the Manager of Complaints and Unauthorized Practice.


Initiating a Complaint

In order for the College of Opticians to act upon a complaint, it must be received by the Registrar in writing, recorded on audio tape or on video, submitted on disk or on another permanent medium. The complaint should include: the name of the member, the business name, the business address and phone number, the time the incident occurred, a detailed account of what happened, names of any witnesses and lastly any supporting documentation. There is no time limitation on filing a complaint with the College.

The name(s) of all complainants must be disclosed unless there is strong evidence that the personal safety of the complainant would be at risk by doing so. The aforementioned notwithstanding, the College of Opticians is not able to act on anonymous complaints as the member who is the subject of the complaint must be in a position to respond fully to the allegation or allegations contained in the complaint.


Once the Complaint is Received

Upon receipt of the complaint, the College will send a letter to the complainant acknowledging receipt of the complaint. A notice of the complaint will also be sent to the member against whom the complaint is made, accompanied by a copy of the original complaint. The member is required to respond to the notice of complaint within 30 days in accordance with the provisions of the Regulated Health Professions Act, 1991. The matter will then be referred to the Complaints Committee.


Investigating the Complaint

All written submissions and information collected from both the complainant and the member are provided to the Complaints Committee. At this stage of the complaint process a panel will review and determine whether additional investigation is required or whether there is sufficient information to reach a decision. In addition to the Complaints Committee reviewing correspondence from both parties, the Committee can do a number of things as part of its investigation, including:

Getting clarification from both parties
Inspecting products delivered when applicable
Interviewing and obtaining statements from witnesses
Inspecting records
Obtaining copies of documents
Authorizing undercover investigation
Approaching other patients or members or colleagues or staff of the member who is the subject of the complaint

The purpose of the investigation is to determine how the matter should be resolved. The Committee does not conduct hearings, and meets in closed session (i.e., without the Complainant or Member being present). In determining the outcome of a complaint, the 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. All information relating to the investigation and resolution is confidential.


Complaint Resolution

Once the investigation into a complaint has been completed, the Complaints Committee can make any of the following decisions:

1. Dismiss the complaint when appropriate and take no further action.

2. Require the Member to appear before the panel to be cautioned.

3. Refer a specified allegation of professional misconduct or incompetence against the Member to the Discipline Committee

4. Refer the matter to the Executive Committee for incapacity proceedings.

5. Refer the Member to the Quality Assurance Committee when appropriate.

Both the complainant and the member will receive written notification by registered mail regarding the outcome of the complaint. Unlike the results of the disciplinary hearing, which become a matter of public record, all information relating to the investigation and resolution of complaints is held in the strictest of confidence.


Appealing the Decision

Should either the complainant or the member be dissatisfied with the decision and reasons for the decision given by the Complaints Committee, they have the right to appeal provided the matter has not been referred to the Executive, Discipline or Quality Assurance Committees. In cases when such a referral has not been made, the complainant and the member may request a review of the Committee’s decision by the Health Professions Appeal and Review Board (HPARB). Appeals must be made in writing to HPARB within 30 days after receipt of the Decision & Reasons from the College.

The College of Opticians regulates only Opticians, Student Opticians and Intern Opticians in Ontario. The College has limited legal authority or jurisdiction over optical stores, dispensaries, corporations or their non-optician owners or managers. The College also 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 Better Business Bureau or the Small Claims Court.


How to Contact the College:
 

	The College of Opticians of Ontario
Address	902-85 Richmond Street West
	Toronto, ON. M5H 2C9
Phone	(416)368-3616
Toll-Free	(800)990-9793 (Ontario only)
Fax	(416)368-2713
Fax (toll-free)	(800)990-9698 (Ontario only)
e-mail	mail@coptont.org

Should you have any questions, please contact the Manager of Complaints and Unauthorized Practice at complaints@coptont.org