34. The complaint examination procedure must enable a user to address a verbal or written complaint to the local service quality commissioner regarding the health services or social services the user received, ought to have received, is receiving or requires from the institution, an intermediary or family-type resource or any other organization, partnership or person to which or whom the institution has recourse, in particular by an agreement under section 108 or 108.1, for the provision of those services, except in the case of a complaint concerning a physician, dentist or pharmacist, or a resident, who practises with such an organization, partnership or person.
If an institution carries on research activities, the procedure must also enable any person, whether or not a user, who participates in research to make a complaint concerning the research. This division applies to such a complaint, and “user”, with the necessary modifications, includes any person who participates in research.
The procedure must also allow the heirs or the legal representatives of a deceased user to make a complaint regarding the services the user received or ought to have received or regarding any research referred to in the second paragraph in which the user participated.
The complaint examination procedure must in particular
(1) include the details allowing rapid access to the services of the local commissioner;
(2) provide that the local commissioner must give the necessary assistance or see to it that the necessary assistance is given to users who require assistance for the formulation of a complaint or for any further step related to the complaint, in particular by the community organization in the region to which a user assistance and support mandate has been given pursuant to section 76.6;
(3) ensure that the user receives a written notice of the date on which the verbal or written complaint is received by the local commissioner, unless the commissioner’s conclusions were sent to the user within 72 hours after the complaint was received;
(4) establish a procedure for the examination of complaints regarding a physician, dentist or pharmacist, or a resident, in accordance with Division II, except the procedure to be followed by the board of directors in taking disciplinary measures in accordance with a regulation under paragraph 2 of section 506;
(5) provide for the prompt referral of any complaint concerning or involving a physician, dentist or pharmacist, or a resident, to the medical examiner designated under section 42;
(6) provide that, where a complaint is received regarding the services provided by a resource, organization, partnership or person referred to in the first paragraph, the local commissioner is to inform the authority concerned in writing of the receipt of the complaint or, if the local commissioner is of the opinion that no prejudice will be caused to the user, forward a copy of the complaint to the authority; provide that, if the complaint is verbal, the authority concerned is to be informed verbally;
(7) specify what communications must be made in writing in the case of a written complaint;
(8) allow the user and the highest authority of the organization, resource or partnership or the person holding the position of highest authority responsible for the services that are the subject of a complaint referred to in the first paragraph to present their observations; and
(9) provide that the local commissioner, after examining the complaint, is to communicate his or her conclusions, including reasons, to the user within the time prescribed in subparagraph 6 of the second paragraph of section 33, together with the procedure for applying to the Health Services Ombudsman.
1991, c. 42, s. 34; 1998, c. 39, s. 5; 2001, c. 43, s. 41; 2005, c. 32, s. 12; 2013, c. 17, s. 6.