On December 9, 2021, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Raul-Armando Roscala-Bonilla to the Discipline Committee for a hearing. 

The hearing took place on October 14, 2022. This matter was resolved by way of an Agreed Statement of Facts and a Joint Submission on Penalty.

Finding

The panel of the Discipline Committee issued a decision on the finding on October 14, 2022, on the penalty on October 14, 2022 and on costs on October 14, 2022.

After having considered all of the evidence, the panel found Raul-Armando Roscala-Bonilla to have committed the following acts of professional misconduct:

• paragraph 1 (failing to maintain the standards of practice of the profession);
• paragraph 18 (engaging in conduct or performing an act relevant to the practice of the profession that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional);
• paragraph 26 (failing to keep records in accordance with the standards of practice of the profession);
• paragraph 32 (submitting an account or charge for services that the member knows or ought to know is false or misleading);
• paragraph 34 (charging a fee that is excessive in relation to the service performed); and
• paragraph 38 (failing to itemize an account for professional services if requested to do so by the patient or the person or agency who is to pay, in whole or in part, for the services).
• paragraph 40 (continuing the treatment of a patient where it is no longer indicated, has ceased to be effective or is unnecessary).

Penalty

The panel ordered the following penalty, Raul-Armando Roscala-Bonilla will:

• Receive a reprimand at the conclusion of the hearing (delivered on October 14, 2022)
• Successfully complete a Professional Boundaries and Ethics Course offered through PBI education
• Complete a review of tools, standards and resources
• Serve a suspension, beginning October 21, 2022 until the professional boundaries and ethics course and the resource review has been successfully completed
• Participate in practice enhancement coaching

While Raul-Armando Roscala-Bonilla is serving the suspension, he cannot cannot use the title Physiotherapist, PT or any abbreviation thereof. Raul-Armando Roscala-Bonilla’s name, PT title and/or registration number cannot be use for billing purposes while the suspension is being served

The panel also ordered Raul-Armando Roscala-Bonilla to pay costs to the College in the amount of $5,000 to offset some of the costs associated with investigating and prosecuting this case.

As a part of the penalty, the Committee also issued a reprimand which read as follows:

Mr. Roscala-Bonilla, this panel wishes to advise you that your pattern of behaviour in the period in question will not be tolerated by the profession. The panel appreciates that you have taken some responsibility for your inappropriate behaviour. At the same time, the lack of financial records and clinical record keeping are gravely concerning to the panel and do jeopardize public protection.

To maintain the public’s confidence in the profession, it is incumbent on all physiotherapists to ensure that the care they provide is not only justified, but also within the scope of the profession. Your actions have damaged the profession’s reputation in the public’s eyes. We expect that going forward, your practice will uphold the standards of the profession, and that we will not see you before a discipline panel again.

We would like to advise you that any further findings and appearances in front of the discipline panel could result in a more severe outcome.

You can read the full decision of the Discipline Committee of the College of Physiotherapists of Ontario at: www.canlii.ca