(1) Subject to subsection (2), within 14 days after deciding to accept a complaint the Commission shall give written notice, in the form prescribed, of the details of the complaint to the health service provider concerned.
(2) Where the Commission is of the opinion that if a notice or particular information in a notice under this section is given to a health service provider the health or safety of the user may be put at risk, or the proper investigation of the complaint would be prejudiced, the Commission shall not comply with subsection (1) or shall in giving a notice under that subsection omit the particular information.
(3) If subsection (2) applies, the Commission shall give the notice or the particular information to the health service provider without delay after the Commission is satisfied that—
(a) the risk is at an end; or
(b) there is no further likelihood of prejudice to the proper investigation of the complaint,
but in any case not later than 6 months after the complaint was made or, if the investigation ends before that time, before the end of the investigation.
(4) In deciding whether the health service provider has acted unreasonably in the manner set out in the complaint, the Commission shall consider any failure by the health service provider to follow any guiding principles laid down for health service providers of that kind and the extent to which that failure is also a failure to meet what are, in the Commission's opinion, generally accepted standards for health care delivery by health service providers of that kind.
(5) If in the Commission's opinion the person who made the complaint and the health service provider cannot resolve the complaint and after investigating the complaint the Commission decides that the complaint is justified, the Commission shall decide what action should be taken to remedy the complaint.
(6) The Commission shall decide, in a manner that does not conflict with the provisions of any law in force of Saint Lucia, whether a complaint is justified or what action is to be taken.
(7) Within 14 days after deciding whether or not a complaint is justified the Commission shall give written notice of the decision to the user, the Minister and the health service provider.
(8) A notice given under subsection (7) shall include the reason for the decision and shall instruct the health service provider to take the action if any which, the Commission determines necessary to remedy the complaint.
(9) Within 45 days after a health service provider receives notice under subsection (8), or before the end of any extension of time granted under subsection (10) by the Commission, the health service provider shall report in writing to the Commission about what action the health service provider has taken upon the complaint.
(10) Where a health service provider requests an extension of time the Commission may extend the time within which the health service provider must report under subsection (9) by no more than 15 days.
(11) Despite the other provisions of this section the Commission shall after the investigation of a complaint make recommendation to the appropriate registration body, Minister or Director of Public Prosecution as appropriate.
(12) A registration body shall act in accordance with the recommendations of the Commission made under subsection (11) unless it is a contravention of enactment establishing the registration authority to so do.