complaints and investigations
The role of the NSRDDA, as the dental regulator in Nova Scotia, is to ensure that our registrants (dentists and dental assistants) are safe, competent, and ethical. One of the important ways we fulfill this role is through investigating complaints.
Our complaint process is legislated by the Regulated Health Professions Act (RHPA).
If you have a complaint about another type of oral health professional (such as a dental hygienist, a denturist, or a dental technologist) you should contact the regulatory body for those professions.
We CAN investigate...
Under the RHPA, we have the authority to investigate complaints concerning allegations of the following:
Professional misconduct
This may include allegations of:
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- Failing to maintain the standards of practice,
- Failing to adhere to the Regulator’s Code of Ethics,
- Abusing a person verbally, physically, or sexually,
- Misappropriating property belonging to a patient or employer,
- Abandoning or neglecting to provide care to a patient,
- Failing to exercise appropriate discretion with respect to the disclosure of confidential information,
- Falsifying records, or
- Publishing communication that is false, fraudulent, deceptive, or misleading.
Incompetence
This means means a lack of competence demonstrated in the care of a patient that rendered the registrant unsafe to practise.
Conduct unbecoming the profession
This is conduct in a registrant’s personal or private capacity that tends to bring discredit upon registrants or their profession. This might include:
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- Criminal activity
- Fraud, or
- While identifiable as a health professional, publishing information contrary to current evidence-based practice which could mislead or harm the public.
Incapacity
This means that a registrant has or had a medical, physical, mental or emotional condition, disorder or addiction that:
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- renders or rendered the registrant unable to practise with competence, or
- endangers or may have endangered the health or safety of patients
See Section 2 of the RHPA for complete definitions of:
- professional misconduct,
- incompetence,
- conduct unbecoming the profession, and
- incapacity.
We CANNOT investigate...
Under the RHPA, we do not have the authority to:
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- Establish the fees for dental treatment,
- Intervene in fee disputes,
- Require refunds to patients,
- Deal with insurance coverage, insurance claims or administrative procedures related to insurance or government-funded dental programs,
- Direct or coordinate your dental care,
- Give you advice about treatment options,
- Suggest a dentist for you,
- Require individual dentists to participate in government-funded dental programs, or
- Investigate complaints related to dental hygienists, denturists, dental technologists, or any health professionals other than dentists and dental assistants.
Other things to note
- Under provincial legislation, information obtained through the complaint process cannot be used in other civil proceedings such as law suits. (Please see Section 138 of the Regulated Health Professions Act.)
- The respondent (the dentist or dental assistant) will be notified of the complaint so that they can respond.
- Except in rare circumstances, the respondent will be informed of the identity of the complainant (the person filing the complaint).
- The purpose of the complaint process is not to punish health professionals. Rather it is, generally, to identify potential shortfalls in professionalism so that standards can be elevated.
Confidentiality
The complaint process is confidential. All people involved in the complaint process (including you, our staff, and committee members) are required by law to keep confidential all information received through the complaint process. (Please see Section 136 of the Regulated Health Professions Act as well as the Personal Health Information Act.)
At the conclusion of the investigation, information about the complaint will be published in accordance with the Regulated Health Professions Act.
However, the complainant (you) will not be identified.
Before you file a complaint
Step 1 - Consider speaking with your dentist
If you are unhappy with an aspect of your dental care, we encourage you, if possible, to talk about your concerns directly with your dentist. However, if you are not comfortable doing this or you are not satisfied with the outcome, you can certainly contact us.
Step 2 - Find the best place to report your concern
Review the “We CAN investigate” and the “We CANNOT investigate” sections above to determine whether your concern may be addressed by filing a formal complaint. If you are unsure, we can also guide you.
Step 3 - Watch the video below
The short video below (3:49 in length) provides important information on filing a complaint and if the NSRDDA can help address your concern.
Once you review the video a link to the complaint forms will be provided.
If you are unable to watch the video or have any questions, call us discuss your concern.
File a complaint
File a complaint online
Access the online complaint form
Mail or fax complaint
Click here to download and print a PDF complaint form
Call or email us
Call us at 902-420-0083 or email us at reception@nsrdda.ca and we will send you a form.
If you require an accommodation or a different way to file a complaint, please call us. Our staff will help you.
What happens when I file a complaint?
When your complaint is received, our administrative staff will send you a letter or email letting you know that the complaint has been received. They will then forward the complaint to the Registrar. Pursuant to the Regulated Health Professions Act (RHPA), when a complaint is received, the Registrar shall:
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- Dismiss the complaint (if one of the conditions under Section 71(1)(a) of the RHPA applies),
- Informally resolve the complaint,
- Refer the matter to another form of dispute resolution,
- Authorize the resignation of the registrant,
- Refer the matter to a Fitness-to-Practise process, or
- Begin an investigation.
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Among the options outlined above, the Registrar will most typically begin an investigation. At this point, the respondent will be given 30 days to submit a written response to the complaint along with any other documentation requested by the Registrar. The response will be sent to the complainant (you) and you will be given 30 days to have the opportunity to reply, noting any perceived errors of fact. At the conclusion of the investigation, the Registrar will most often either:
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- Dismiss the complaint (if one of the conditions under Section 71(1)(a) of the RHPA applies),
- Informally resolve the complaint if the registrar considers that resolution may be satisfactorily resolved consistent with the role
of the regulatory body, or - Refer the compliant to the Complaints Committee which will then have jurisdiction over the complaint.
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If a complaint is referred to the Complaints Committee, the Committee will then exercise its powers and resolve the complaint in accordance with Sections 82-84 of the Regulated Health Professions Act.
You will be contacted as the complaint process unfolds regarding the status of the investigation. Feel free to contact us at any time regarding the status of your complaint.
You and the respondent will be informed of the ultimate outcome of the investigation and will be provided with the reasoning leading to the final decision.
It may take 6-9 months for the entire investigation process to unfold and come to its conclusion. More time may be required depending on the complexity of the matter.