Case 2021 0178

On October 3, 2022, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving E. Anne Clark to the Discipline Committee for a hearing. 

The hearing took place on March 30, 2023. 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 March 30, 2023, on the penalty on March 30, 2023 and on costs on March 30, 2023. 

After having considered all of the evidence, the panel found E. Anne Clark to have committed the following acts of professional misconduct:

• paragraph 1 (failing to maintain the standards of practice of the profession);

• paragraph 5 (practicing the profession while the member is in a conflict of interest);
• paragraph 15 (contravening a provincial or territorial law relevant to the member’s suitability to practice) in respect of the breach of PHIPA; and 
• paragraph 19 (conduct unbecoming of a physiotherapist).
  

Penalty

The panel ordered the following penalty, E. Anne Clark will:

• Receive a reprimand at the conclusion of the hearing (delivered on March 30, 2023)
• Serve a one-month suspension on dates to be set by the Registrar. This suspension could be extended if the Registrant does not complete other activities in the order.
• Successfully pass the PBI Ethics and Professionalism Course
• Review a list of tools, standards and resources

While E. Anne Clark is serving the suspension, they cannot use the title Physiotherapist, PT or any abbreviation there of. E. Anne Clark’s name, PT title and/or registration number cannot be use for billing purposes while the suspension is being served.

The panel also ordered E. Anne Clark to pay costs to the College in the amount of $2,500 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:

The panel has found that your behaviour has constituted professional misconduct, and wishes to remind you in the strongest possible way that your professional obligations demand that a patient’s right to privacy is always a priority. Being a physiotherapist is not a right but, rather, a privilege that comes with responsibilities, one of which is complying with the Personal Health Information Protection Act. 
 
While we acknowledge the regret that you expressed today, breaching privacy legislation is very serious. We also recognize that your significant lapse in judgment occurred on one particular day of your career and during the COVID pandemic. 
 
We hope that you will use this as a learning experience, and encourage you to use the resources available to you. We believe it provides you with a chance to reflect on the behaviour that has brought you before us today. Should you be subject to misconduct proceedings in the future, these findings today will certainly influence the outcome at that time.

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