Discipline Case Summary

The following is a summary of a matter placed before a three member panel of the Discipline Committee of the College of Physiotherapists of Ontario on Thursday, October 2,1997.

Allegations

Following an investigation into the practice of Mr. S, the College alleged that the member's conduct constituted professional misconduct under paragraphs 2 (failing to maintain standards), 18 (false or misleading account), 25 (unprofessional conduct), and 29 (failing to supervise auxiliaries) of Section I of Ontario Regulation 861/93.

Statement of Agreed Facts

An agreed statement of facts and joint submission on penalty were placed before the Discipline panel. The following facts were agreed to:

• Mr. S worked as a physiotherapist at the AAABBB Clinic in XYZ, Ontario from about August 1994 to August 1996. The clinic is owned by a physician.
• Generally, Mr. S only worked about three afternoons per week from approximately 4:15 p.m. to 6:00 p.m., despite the fact that the clinic was open during normal business hours.
• From about January 1995 to August 1996, Mr. S assessed and re-assessed patients, developed and instructed non-physiotherapy staff on standard treatment plans and protocols that would be administered by them, was available to answer questions from staff, and periodically monitored the progress of patients. The non- physiotherapy staff person who carried out these actions was a registered nurse.
• Mr. S confirmed that patients at the clinic were his patients and he assumed responsibility for their ongoing care.
• Mr. S knew that non-physiotherapy staff provided treatment without appropriate supervision, performed evaluative procedures, and initiated treatment before he assessed the patient. These activities by the staff occurred in his absence.
• Mr. S failed to make or keep any records of his contacts with patients at the clinic. Any record keeping performed was completed by the non-physiotherapy staff.
• The services provided by the staff were billed as physiotherapy services in Mr. S's name. Mr. S signed some of the invoices which were sent to insurers. Insurers expect that physiotherapy services billed to them are provided by physiotherapists.
• Mr. S fully co-operated in the investigation of these allegations.
• Mr. S demonstrated his remorse over his conduct by leaving the clinic and by admitting the allegations at an early opportunity.
• Mr. S has had no previous complaints against him, and had not previously appeared before the discipline committee.

Finding

The discipline committee finds Mr. S guilty of professional misconduct under paragraph 25 (unprofessional conduct) of Section 1 of Ontario regulation 861/93.

Joint Submission on Penalty

Mr. S provided an undertaking to the College. With the undertaking, Mr. S agreed to:

1. An acknowledgment that he has terminated his association with the AAABBB Clinic prior to signing the agreement,
2. Submit to a review process with a mentor who would attend the clinic three times over a 12-month period to review assessment, treatment, record keeping and billing practices,
3. Implement any recommendations made by the mentor,
4. Pay the costs of the mentor's review and acknowledged that this matter be published to the profession in the normal course.

The following order was made by the discipline committee:

1. Mr. S's certificate of registration shall be suspended for a period of two months commencing October 15, 1997,
2. As a term, condition and limitation of his certificate of registration, Mr. S submit to a review of his practice with a mentor, who will attend at his clinic three times during a 12-month period to review his practice.

Costs

The discipline committee ordered Mr. S pay to the College of Physiotherapists of Ontario $800.00 towards the costs associated with the College's investigation of this matter. The cost is to be paid within six months of the date of the order.