Discipline Case Summary

The following is a summary of a discipline case heard by a four-member panel of the Discipline Committee of the College of Physiotherapists of Ontario on June 1, 1998.

Allegation

Following an investigation into the practice of Mr. David Polomski, the College alleged that the member's conduct constituted professional misconduct as defined in paragraph 25 (unprofessional conduct) of section I of Ontario Regulation 861/93.

Background

1. Mr. David Polomski has been a registered physiotherapist since 1976 and a sole practitioner in Waterloo since 1980.
2. Ms. J. became Mr. Polomski's patient on or about July 8, 1994.
3. After a few months of treatment, Mr. Polomski realized that personal feelings were compromising the professional relationship. These were exhibited, in part, by small personal gifts given to him by Ms. J.
4. On or about February 9, 1995, Mr. Polomski discharged Ms. J. to another facility and discussed the reasons for this referral with Ms. J's family physician. The reasons for the transfer were documented in the patient file.
5. Soon after discharge, Mr. Polomski and Ms. J engaged in a personal relationship, which led to a sexual relationship commencing approximately seven weeks after discharge.

The matter came to the attention of the College through a mandatory report made by a professional colleague in 1997 and was not initiated by Ms. J. Presented with an appointment of investigator in February 1998, Mr. Polomski cooperated fully with the investigation, providing treatment records and all other information and supporting documentation requested. The file demonstrated no concerns about treatment, documentation or billing.

Plea

Mr. Polomski pleaded guilty to professional misconduct.

Penalty

An agreed statement of facts and joint submission on penalty was placed before the Discipline Committee. The committee accepted the submission and ordered the suspension of Mr. Polomski's certificate of registration for three months.