Case 2022 0103 

On June 21, 2023, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Brian Empey to the Discipline Committee for a hearing. 

The hearing took place on March 13, 2024. 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 13, 2024, on the penalty on March 13, 2024 and on costs on March 13, 2024. 

After having considered all of the evidence, the panel found Brian Empey 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, dishonourable, disgraceful or unprofessional);
• paragraph 22 (assisting a person who is not a member of the profession to hold themselves out as a member registered in Ontario); and
• paragraph 33 (failing to take reasonable steps to ensure that any accounts submitted in the member’s name or billing number are fair and accurate).
  

Penalty

The panel ordered the following penalty, Brian Empey will:

• Receive a reprimand at the conclusion of the hearing (delivered on March 13, 2024)
• Serve a four-month suspension, which could be extended by another eight months if certain requirements are not met
• Review a number of tools, standards and resources
• Receive an unconditional pass from the PROBE Ethics and Professionalism course offered by CPEP

While Brian Empey is serving the suspension, they cannot practice as a Physiotherapy Assistant (PTA). While serving the suspension, Brian Empey cannot use the title Physiotherapist, PT or any abbreviation there of Brian Empey’s name, PT title and/or registration number cannot be use for billing purposes while the suspension is being served.

The panel also ordered Brian Empey to pay costs to the College in the amount of $7,000 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. Empey, the Panel wishes to advise you that your inappropriate practices will not be tolerated by this profession and it finds that your lack of care in understanding the Standards of practice to be particularity reprehensible. 

While the Panel acknowledges your cooperation and what appeared to be attempts to meet the Standards, as a practice owner, it is unacceptable to lead others without the appropriate knowledge and understanding of the Profession. Being a Physiotherapist is a privilege and not a right. As a physiotherapist you are provided with ample opportunities and resources to comply with the standards and your failure to do so is troubling. 

The Panel expects that during your suspension you will take time to reflect on how your actions have negatively impacted the profession. 

Had it not been a joint submission by you and the College, this panel would have imposed a much stricter penalty on your actions. The panel feels that you need to be aware and adhere to College standards. We expect to not see you again before a Panel of this Committee. 

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