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HEALTH PROFESSIONS APPEAL AND REVIEW BOARD (HPARB) LAWYERS

Representing Healthcare Professionals in front of Appeal and Review Boards.

Regulated health professionals have the right to appeal decisions of the Inquiries, Complaints and Reports Committee, as well as the Accreditation Committee to the Health Professions Appeal and Review Board (“the HPARB”). In addition, complainants can appeal Complaints Committee decisions to the HPARB.

ICRC Decisions

Decisions of the Inquiries, Complaints and Reports Committees to order a remedial program or caution are now posted on College’s public registers. These decisions can have serious repercussions on your ability to gain and retain employment, and on a professional’s reputation. Because of this, you have the right to appeal these decisions to the HPARB.

In addition, complainants can appeal Complaints Committee decisions to the HPARB. Often, complainant’s appeal decisions of Inquiries, Complaints and Reports Committees where it has decided to take no further action. In such cases, health professional’s want to ensure that everything is done to ensure that the favourable decision is upheld.

Accreditation Committee Decisions

The HPARB also considers decisions made by accreditation committees of Regulated Health Professions. If your application to a regulatory body has been denied, you have the opportunity to appeal that decision to the HPARB. The HPARB has the power to overturn the decision of the accreditation committee or can send the matter back to a new committee for consideration, amongst other powers.

HPARB Appeals

A HPARB appeal can take place in person, at a hearing; electronically via teleconference or other form of electronic communication; or in writing, where documents and written submissions are provided to the Board for their review. A lawyer will help you decide which is the best approach for your individual case.

At a hearing, the HPARB can hear from witnesses, as well as legal submissions from counsel. In writing, the HPARB can consider documents provided in support of your matter, as well as legal submissions from your counsel.

The HPARB considers whether the College’s Committee reviewed all of the information and documentation relevant to their decision making. If the Inquiries Complaints and Reports Committee or Accreditation committee failed to consider important facts and documents, the decision may be overturned by the HPARB. The HPARB also considers whether the decision of the College committee was a reasonable decision. If the Board finds that the decision was not reasonable, then it may be overturned by the Board.

When the HPARB is considering an appeal, it will receive all of the information the College considered in making its decision. You also have the ability to provide new information to the HPARB. A lawyer with experience in HPARB Appeals will advise you what, if any, additional information would assist your case.

HPARB Decisions

HPARB hearings and decisions are generally both public. That is, the public usually has access to a hearing and can attend, if they wish to do so, unless an order is made to the contrary. HPARB decisions are also open to the public to review. Legal counsel will assist you in determining whether there are grounds to make any portion of your matter confidential and will assist you in doing so.

Requests for Reconsideration

In the event that you are not content with the decision of the HPARB, you can request a reconsideration of their decision which will be granted in exceptional circumstances. That request must be made in writing and accompanied by submissions. Legal counsel can assist you with this process.

The lawyers at Damien Frost & Associates LLP represent Health Professionals appealing Complaints Committee and Accreditation Committee decisions to the HPARB, as well as fighting to uphold favourable decisions at the HPARB. If you are considering appealing a matter to the HPARB you should keep in mind that there are strict deadlines for doing so.

The HPARB reviews decisions of the Accreditation and Complaints Committees of health professions Colleges. The HPARB considers whether the College’s Committee reviewed all of the information and documentation relevant to their decision making. The HPARB also considers whether the decision of the College committee was a reasonable decision.

The lawyers at Damien Frost & Associates LLP represent Health Professionals appealing Complaints Committee and Accreditation Committee decisions to the HPARB, as well as fighting to uphold favourable decisions at the HPARB.

If you want to appeal a decision of the Accreditation or Complaints Committee of your College or uphold a favourable decision, click here to arrange a free consultation.

Members of The Criminal Lawyers Association, Toronto Lawyers Association, Ontario Bar Association 
and Advocates' Society.

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