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CONDUCT & COMPETENCY COMMITTEE MAY 29, 30, 31, 2000
MINUTES
P. Landriault, S. Strong, W. McCabe, G. Dinn, J. Pippy, B. Barry, S. Valaire, M. McKeage, J. MacIsaac, E. Cain, B. Aucoin, T. Fraser, K. Guy REGRETS: H. Zwanepol 1.0 Welcome to New Members The newest members to join the C&C Committee are Russell Belliveau and Darren Anderson. We are looking forward to having Russell and Darren on the committee. 2.0 Additions to Agenda Martin Bell and Doug Rawson have resigned from the C&C Committee. We are hoping choose two new applicants at the next C&C Committee Meeting. 3.0 Monday, May 29, 2000 Bruce Barry, EMT-P, B.A., LL.B., Barrister & Solicitor came from Alberta came to help us prepare for our first hearing. Day 1 consisted of discussions surrounding some scenarios that Bruce had been involved or has knowledge of that took place in Alberta to give an idea of what the C&C Committee could be presented with in the future; and what would follow "formally" for the actual hearing on May 30, 2000. Every member was given a copy of the Conduct & Competency Hearing Procedure Card to refer to. Bruce explained some of the APPA process to us. APPA has a book of decisions. The Registrar for EHS has started a book of decisions for us to refer to in the future. It was noted that APPA did at one time tape hearings, that may be something we would like to do in the future. It was suggested that keeping the same people on the committee for a longer period of time would be helpful, as experience is the key in presenting a fair hearing and when the time comes to find new members not to let everyone go at one time. The following were ideas/thoughts that Bruce left us with for future reference: It is very important that the complaint be written down, signed and dated. Can we determine the difference between Ethics and Morals, Incompetence vs. Professional Misconduct? Do not use the phrase "Personally" I would not have done that. It is more professional to use the phrase "I as a Medic" would not have done that. It is important that the panel use good judgement and follow the "threshold" barrier when making their final decision(s). Trust your intuition. Reality is irrelevant, perception is everything. Always keep in mind the relationships between P1's, P2's and P3's. There are usually three defences: deny, deny, deny. If the incident is notorious (i.e.: newspaper, or within the profession) the members can have knowledge of the case before sitting on the panel, if the incident is isolated then members who have no knowledge of the incident must sit on the panel. Demand the original/back of the PCR, as it is clear and readable. Make sure that the Investigator gets personal notes from the Paramedics involved. Never revoke anyone's licence for life, suspend it for 5 years, the profession changes too often. When acting fairly during the hearing you must be aware of allegations, be aware of evidence and give a reasonable amount of opportunity for people to respond to questions. The hearing must be conducted in an inquisitorial fashion not an adversarial fashion. A full and fair inquiry must be conducted into the complaint. You can not ask anyone involved in the hearing any questions that are Breach of Human Rights for i.e.: Are you Catholic? The Chairman &/or the Panel can decide if the decision/discussions will be made in private from the rest of the C&C members. Someone from the Panel will do the "Oath(s)". The Chairman and the Panel are to keep notes of the hearing. Notes are to be passed into the Registrar for filing. All pages should be numbered at the top of the page. Each time a new page is started the time should be noted on that page. At the right top of the page should be the date and re:. Each page should have a line drawn down the centre of the page. The left side is for the hearing statements etc. and the right side is for your thoughts &/or questions that you may want to ask later in the hearing. The original Exhibits are to be given to the Registrar at the time of record entry for filing. Each case is assigned a number. This number is based on the year, the month and what number complaint that it came in on that particular month. The Panel, Legal Counsel, Presenting Officer, and the Registrar should dress appropriately & professionally for the hearing. The last person to give evidence goes first in the summarization. Always bring 2 pens, a yellow highlighter, a binder and paper. It is important to bring your tooth brush and toothpaste - you don't know how long the hearing will last - it will make you feel fresh again! Remember to bring a good book. Make a commitment that the hearing will not go past 5:30, if so the hearing would be adjourned until the following day. 4.0 Tuesday, May 30, 2000 The hearing began at 9:00a.m in the morning and ended at approximately 2:30 p.m. The Panel consisted of Paul Landriault,P1, Chair, Jonathan Pippy,P2, Wes McCabe, P2. Our Legal Counsel was Bruce Barry, EMT-P, B.A., LL.B., Barrister & Solicitor. The Presenting Officer for EHSNS was Gerard Dinn, P3, B.Sc. Please see the attached final document and Reasons of the Conduct & Competency Committee. We had discussion later on that afternoon what we could do better, what we did good and what we can action better in future hearings. Our findings were: Things that we could do better: Maintain professionalism. Bring in legal council, Bruce Barry agreed that he could be available by phone, if OK'D by the Medial Director. Contact witnesses in a reasonable amount of time. Notify the member in a reasonable amount of time. Have better evidence packaging, Bruce Barry will be providing us with a check list. Insure a proper Investigation is completed. Bigger room. Practice timeliness. Things we did good: The member felt that he had a fair hearing. The format was professional. Bruce Barry was a "Big Help". The group was witness to the boards decision/discussions. The Writing Decision was done the same day as the actual hearing. Things to action better: Demand the original PCR. Insure the witness is informed at least 30 days before the hearing. 5.0 Wednesday, May 31, 2000 The morning consisted of a discussion surrounding setting up the next hearing. The following was decided: Monday, August 21, 20009:00a.m. to 12:00p.m. - C&C Business 12:00p.m. to 1:00p.m. Lunch - Provided by EHSNS 1:00p.m. to 4:00 p.m. - Mock Hearing Mike McKeage, Paul Landriault and Wes McCabe are to have a teleconference on June 30, 2000 regarding the planning of the Mock Hearing. Tuesday, August 22, 2000 9:30a.m. - Hearing 12:00p.m. to 1:00p.m. - Lunch provided by EHSNS 1:00p.m. to 5:300p.m. - Hearing Members directly involved with the hearing are: Presenter Gerard Dinn Chairman Bill Aucoin Board Member Shelley Valaire Board Member JJ MacIsaac Alternate Shane Strong Wednesday, August 23, 2000 9:00a.m. - Decision writing 5.0 Paramedic/Emergency Medical Dispatcher Due Process Please see the updated version of the Due Process. The change can be found on page 10 of 13 under 3.4.1. 6.0 Code of Conduct A request has been presented to Dr. Cain to have the Code of Conduct put on a plaque and for one to be placed at each base. 7.0 Next Meeting(s): MONDAY, AUGUST 21, 2000 9:00am - 4:00pm TUESDAY, AUGUST 22, 2000 9:30am - 5:30pm WEDNESDAY, AUGUST 23, 2000 9:00am - 4:00pm _______________ Tanya Fraser Registrar Email: caine@gov.ns.ca
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