Announcement: Decision re: Penalty
Following the decision of the Disciplinary Committee (DC) rendered on September, 1st 2019 finding the member Darren Martinskiw guilty of professional misconduct by identifying himself as a Respiratory Therapist without indicating he was not licensed to practice, joint submissions regarding penalty were subsequently heard on December 10, 2019. The discipline committee makes the following order:
-The Member Darren Martiskiw shall pay a fine of $3,000 within 18 months of the date of this order
-The Member Darren Martinskiw shall pay a portion of the costs of the investigation and hearing into his conduct in the amount of $9,000 within 18 months of the date of this order.
DC Hearing Notice
The Saskatchewan College of Respiratory Therapists (SCRT) is a self-regulating professional body. The SCRT’s mandate is to protect the public through licensing, regulation and discipline of Registered Respiratory Therapists (RRTs) in Saskatchewan.
An RRT has a professional obligation to practice in a competent and ethical manner. A person who believes that an RRT may be guilty of professional incompetence and/or professional misconduct may lodge a complaint with the SCRT.
“Professional incompetence” includes a significant lack of knowledge, skill or judgment, or disregard for a patient’s welfare, which falls below the standards expected of an RRT such that the RRT should be barred from performing specific procedures or from the profession entirely in the interests of public safety. This includes inadequate knowledge about a procedure that an RRT should be able to perform, inability to perform the procedure, or incorrect judgment as to whether the procedure is required. This also includes failure to perform the procedure, not because of any lack of knowledge, skill or judgment, but because of inadequate concern for the patient.
“Professional misconduct” includes conduct that:
- harms the best interests of the public or other RRTs (for example, a failure to cooperate with other health care professionals);
- tends to harm the RRT profession (for example, disseminating dangerous false information on a health care subject);
- is a breach of The Respiratory Therapists Act (Act) or the bylaws, including the Code of Ethics (for example, a breach of the Code of Ethics);
- is a failure to comply with an order of the Professional Conduct Committee, the Discipline Committee, or the SCRT Council (for example, a breach of a prior disciplinary order constitutes a new offence).
(Concerns about the administrative processes of a facility must be raised directly with the facility.)
How do I make a complaint?
Fill in the Complaint Form, providing the following information:
- your name, address and signature,
- the name of the RRT in question,
- a detailed description of the events complained of, including date(s), time(s) and location(s) of alleged event(s),
- any other relevant information or documents that support the complaint.
Submit the completed, signed and dated Complaint Form to:
Saskatchewan College of Respiratory Therapists
Attention: Executive Director
202-3775 Pasqua St
Regina SK S4S 6W8
What will happen after I file a complaint?
Within 30 days of receiving your complaint, SCRT will send you a letter acknowledging receipt of your complaint.
Upon receipt, the complaint is forwarded to the SCRT Professional Conduct Committee (PCC) to be reviewed and investigated. Please note that the investigation process can take several months.
Once the PCC completes its investigation, it must determine whether the RRT’s conduct likely falls within the definition of professional misconduct and/or professional incompetence as set out in the Act.
If the PCC considers that the conduct likely does not constitute professional misconduct and/or professional incompetence, the PCC will dismiss the complaint.
If the PCC considers that the conduct likely does constitute professional misconduct and/or professional incompetence, then the RRT’s conduct must be addressed to ensure public safety. There are two ways that this can be accomplished.
The PCC may enter an agreement with the RRT under which the RRT acknowledges the problems with his or her conduct and agrees to complete the remedial measures by a certain date, as specified by the PCC.
If such an agreement is not reached, then the matter must be referred to a hearing before the Discipline Committee.
You will receive a copy of the PCC’s decision to dismiss the complaint or resolve it by agreement. If the complaint is referred to a hearing, you will receive notice of the date, time and place of the hearing.
If a matter goes to hearing, a Notice of Hearing will be posted on the SCRT website. At the hearing, the PCC acts as the prosecutor and the RRT is entitled to appear and defend him or herself. Both the PCC and the RRT are entitled to call witnesses to provide evidence about the RRT’s conduct. The lawyer for the PCC may ask you to provide evidence at the hearing about what happened. The RRT (or his or her lawyer) may cross-examine you about your evidence. The Discipline Committee acts as the judge and makes a determination as to whether or not the conduct complained of constitutes professional misconduct and/or professional incompetence as defined in the Act and, if it does, what consequence should be imposed as a result.
If you have further questions related to the complaints process or making a complaint, contact the SCRT Executive Director by phone 306-789-3359 or by email email@example.com