Capacity proceedings address concerns that an HR professional is unable to meet their professional obligations by reason of physical or mental illness, condition or disorder, other infirmity or addiction to or excessive use of alcohol or drugs. Another term often used for capacity is fitness to practice.
If HRPA becomes aware that a registrant may be incapacitated, the Association should investigate the matter. Following the investigation, if the Association believes that there is reason for concern, the Association can apply directly to the Capacity Committee to consider the matter. Only the Capacity Committee can make a determination whether a registrant is incapacitated – neither staff nor the HRPA Board of Directors have the authority to make that call.
To assist the Capacity Committee in determining whether a registrant is incapacitated, the committee can order the registrant to undergo a medical or psychological examination. While it is up to the Capacity Committee to select the physician or psychologist, both the registrant and HRPA may make recommendations.
Following the examination, the physician or psychologist will provide the Capacity Committee with an assessment of whether the registrant is incapacitated, and if so, the extent of any incapacity.
Because capacity proceedings deal with highly sensitive and confidential matters, capacity proceedings are closed to the public and decisions will not be published. However, if the Capacity Committee determines that a registrant is incapacitated, a note may be added to HRPA’s Public Register to indicate whether the registrant is suspended or whether any restrictions or conditions have been put on their right to practice HR.