On January 31, 2018 the Inquiries, Complaints and Reports Committee referred a matter involving H Douglas Fearman to the Discipline Committee for a hearing. The hearing was held on May 13, 2019. The panel’s decision will be made available on CanLII (www.canlii.org). 

Overview of the Allegations

The allegations refer to the following headings of professional misconduct:

a. paragraph 1 (failing to maintain the standards of the profession);

b. paragraph 10 (sexually abusing a patient);

c. 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);

d. paragraph 19 (conduct unbecoming a physiotherapist);

e. paragraph 32 (submitting an account or charge for services that the member knows or ought to know is false or misleading);

f. 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).

 
Finding:

At the conclusion of the hearing the panel found that Mr. Fearman had committed several act(s) of professional misconduct and they ordered the following penalty.

• The College withdrew allegations related to paragraphs 10, 32 and 33
  
  
• Requiring the Member to appear before the panel of the Discipline Committee to be reprimanded at the conclusion of the hearing on May 13, 2019.
  
  
• Pursuant to the Member’s consent, directing the Member to pay $5,000 to the College’s fund for therapy/counselling for patients, to be paid by June 30, 2020.
  
  
• Directing the Member to pay $5,000 in costs to the College by June 30, 2020.

In addition, Mr. Fearman signed an undertaking with the College in which he agreed never to apply or re-apply for membership, registration, licensure or similar status with the College as a physiotherapist or for a license to practice physiotherapy in Ontario or in another jurisdiction. 

Additional information:
Mr. Fearman resigned his membership and certificate of registration with the College effective April 1, 2019.