Complaint FAQs

• • attempt to resolve your complaint between you and the dentist
  • encourage you and your dentist to resolve the complaint directly
  • commence an investigation into your complaint or
  • dismiss your complaint

The individual who makes a complaint, called a complainant, is expected to pick up their mail and respond to requests from the Professional Conduct Department or an investigator. The complaints process and the outcomes are directed by the Complaints Director and investigators. While the complainant may have strong feelings about the outcome of their complaint, the complainant does not direct the complaint process or an investigation.

An investigation may not be limited to the information presented in the letter of complaint.

A primary purpose of an investigation is to assess the quality of care and treatment delivered by a dentist to determine if it is unprofessional.

After you make a complaint, additional information may be required from you. If you do not respond to requests form the CDSA, your complaint may be dismissed. Confidential and private information about you or the dentist concerning the complaint will be sent to you by registered mail. If you do not pick up your registered mail, the Complaints Director may stop the investigation and dismiss your complaint.

It depends on the nature of a complaint. Please contact the CDSA for further information.

In the complaint process, the people who may have access to your complaint is you, the Complaints Director, any dentist you name in the complaint or who is identified during an investigation, and another person who may have information relating to your complaint, who is identified by the Complaints Director or investigators.  If the complaint is referred to a hearing, the hearing is open to the public.

Your complaint may be resolved, dismissed if the evidence does not indicate that further action should be taken or referred to a formal hearing and you may be asked to be a witness at the hearing.

Pursuant to section 68(1) of the Health Professions Act, complainants whose complaint is dismissed without a hearing have the right to request a review of this decision by the Professional Conduct Review Committee. The application fee for this review is $200.

The ADA&C has established a policy under which complainants who are concerned that they are unable to pay the $200 application fee due to their financial circumstances may apply for a waiver of the application fee.

If a Complainant wishes to request a review by the Professional Conduct Review Committee, he or she must make a request in writing clearly indicating that he or she is requesting a review and must provide reasons for the review. The request for review must include the $200 non-refundable application fee or the completed Application for Fee Waiver and Statement of Finances and must be received by the CDSA within 30 days of receipt of the Complaints Director’s letter dismissing the complaint.

More information on the process and criteria to qualify for waiver of the fee may can be obtained by clicking here. Complainants seeking more information about how to seek a waiver can contact the Hearings Director of the CDSA.

We understand the challenges and obstacles of addressing patient complaints. Before a patient complains to the CDSA, we encourage open communication between the dentist and patient with the goal of addressing the patient’s concerns and preventing a complaint.

It is not always possible to address a patient’s concerns at the dental practice. If a patient complains to the CDSA, we encourage the patient and dentist to consider resolving the complaint. The Health Professions Act promotes resolution of complaints. The CDSA does not view resolution of a complaint as an admission of guilt. Resolution of a complaint can happen at any stage of the complaint process but it is common for resolution to occur at the beginning, shortly after a complaint is received by the Complaints Director.

Resolution can take many forms. If it is possible, the dentist and patient can discuss the complaint directly and try to reach a satisfactory resolution of it. At times, the dentist and patient relationship may have broken down to the point that neither dentist nor patient would like to communicate directly with each other. If this happens, the Complaints Director can assist you with communicating with the patient to determine if a resolution is possible. Some of this communication may occur in person, over the telephone or in letters.

Resolution is a voluntary process and cannot be forced upon the dentist or the person making the complaint. Both persons must be willing to accept that resolution, while not an ideal outcome, is a better outcome than an investigation or going through the process which can be long and time consuming. There is more than one way to resolve a complaint and you can discuss options with the Complaints Director. If a complaint is resolved, the complaint file is closed.

There is also a different and separate process under the Health Professions Act called Alternative Complaint Resolution.

When a complaint is received by the Complaints Director, under the Health Professions Act of Alberta they may:

• Attempt to resolve your complaint, with the consent of you and the complainant;
• Encourage you and the complainant to resolve your complaint;
• Commence an investigation into the complaint;
• Dismiss the complaint;
• Refer the complaint to the Alternative Complaints Resolution (ACR) process.

Both the patient and dentist must voluntarily participate in the resolution process and each must agree to the outcome.

The purpose of an investigation is to look at whether or not a dentist has met the standards of practice in Alberta, complied with the Code of Ethics and otherwise conducted himself or herself in a manner that is expected under the Health Professions Act (HPA). This involves ultimately determining whether or not there is sufficient evidence of unprofessional conduct on the part of the dentist. Unprofessional conduct is defined in the HPA. Please refer to Section 1 (pp) (i) for the definition of unprofessional conduct in the Health Professions Act.

An investigation may involve personal interviews, a practice visit from a dentist, telephone interviews or the exchange of information by letter. Your initial response to a complaint must be in writing and a copy of it will be provided to the person who has made the complaint.

In the investigation stage, the CDSA does not provide copies of clinical records to a patient who has made a complaint. If a patient makes a request for their healthcare information to you as permitted by the Health Information Act, you must comply with the Health Information Act.

It depends. An investigation may take six to eight months but complicated cases can take considerably longer.

As a member of the CDSA and under the Health Professions Act of Alberta, you have an obligation to communicate directly with the Complaints Director and the Complaints Director can communicate directly with you.

If you wish to include a lawyer in this process, it is your own decision and at your own expense. The goal of the complaint resolution process at the CDSA is to provide an impartial process in which to resolve issues. The complaints process is designed to open the lines of communication to help find solutions.

You may wish to notify your malpractice insurance carrier that a complaint has been filed.

The process is confidential to a certain extent. At the start of an investigation, the only parties who have access to your complaint are you, the Complaints Director and the person who has made the complaint. As the investigation progresses, additional information may be required from other dentists who have treated the patient or have been involved in the care of the patient. These dentists will be notified of the complaint about you. Depending on the complaint, information may be required from staff members, associates, and other professionals who can provide information relevant to the complaint.

Your standing may be affected depending on the results of an investigation or if the complaint is resolved. If the complaint is resolved or dismissed, it will not affect your standing with the CDSA. If you apply to practice in another jurisdiction, the CDSA will likely be required to disclose the number of complaints you have, the nature of the complaints, and the results of the complaints.

If your complaint is sent to a hearing, a notice of the hearing and the date will be published on the CDSA website. If you are found to have engaged in unprofessional conduct by a Hearing Tribunal, your standing with the CDSA will be affected. The results of the hearing and your name will be published on the CDSA website and in the CDSA Updater. During a suspension, the CDSA must notify Alberta Health Services, a hospital where you have privileges and other officials, as required by the Health Professions Act.

Please refer to the Membership Guide for Hearings and Decisions.

1. The complaint may resolve and the complaint file will be closed.
2. The complaint can be dismissed. The person who has made a complaint can make a request for the dismissal to be reviewed, as permitted by the Health Professions Act. This request must be made within 30 days of the complainant receiving the dismissal letter. The dentist will be notified of the request for a review of the complaint and will be provided with information about the process and how to respond.
3. The most serious complaints can be referred to a hearing. The decision makers at a hearing are three dentists and a member of the public, appointed by the Government of Alberta. They can dismiss the charges or find the dentist has engaged in unprofessional conduct and discipline the dentist. Please refer to the Membership Guide for Hearings and Decisions.