Case 2017 0119

On October 23, 2018, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Michael Fong to the Discipline Committee for a hearing. This matter was heard on October 3, 2019. 

Overview of the Allegations

1. At all materials times, Michael Fong was a registered member of the College.
2. During the period April 1, 2017 and September 30, 2018, Mr. Fong engaged in professional misconduct within the meaning of the following paragraphs of section 1 of the Professional Misconduct Regulation, O. Reg. 388/08:

• paragraph 1 (failing to maintain the standards of the profession);
• paragraph 4 (practicing the profession while the member’s certificate of registration has been suspended);
• paragraph 13 (failing to reply appropriately or within a reasonable time to a written inquiry from the College);
• paragraph 14 (contravening, by act or omission, the Physiotherapy Act, the Regulated Professional Act, 1991 or the regulations under either act); and
• 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);
  
  

Finding

At the conclusion of the hearing on October 3, 2019 the panel found that Mr. Fong had committed professional misconduct as defined in paragraphs 1, 4, 13 and 18 of section 1 of Ontario Regulation 861/93 as amended, under the Physiotherapy Act, 1991.

Penalty

The Panel of the Discipline Committee ordered the following penalty and cost order:

• Requiring the Mr. Fong to be reprimanded by the panel of the Discipline Committee at the conclusion of the hearing
• Directing the Registrar to suspend the Mr. Fong’s certificate of registration, effective October 3, 2019, until which time that he has successfully completed the ProBe ethics program. 
• Mr. Fong is required to participate in practice enhancement coaching upon his return to practice. 
• Mr. Fong cannot practice as a physiotherapist assistant (PTA) during the period of the served suspension.
• Mr. Fong is required to pay costs to the College in the amount of $6,000.00

This order is to be served concurrently with the penalty and cost order made in matter 2018-0237. 

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

Case 2018 0237

On May 24, 2019, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Michael Fong to the Discipline Committee for a hearing. This matter was heard on October 3, 2019. 

Overview of the Allegations

1. At all material times, Michael Fong was a registered member of the College.
2. During the period October 1, 2016 and May 30, 2019, Mr. Fong engaged in professional misconduct within the meaning of the following paragraphs of section 1 of the Professional Misconduct Regulation, O. Reg. 388/08:

• paragraph 1 (failing to maintain the standards of the profession); 
• paragraph 13 (failing to reply appropriately or within a reasonable time to a written inquiry from the College);
• paragraph 14 (contravening, by act or omission, the Physiotherapy Act, the Regulated Professional Act, 1991 or the regulations under either act); and
• 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). 
  
  

Finding

At the conclusion of the hearing on October 3, 2019 the panel found that Mr. Fong had committed professional misconduct as defined in paragraphs 1, 13, 14 and 18 of section 1 of Ontario Regulation 861/93 as amended, under the Physiotherapy Act, 1991. 

Penalty

The Panel of the Discipline Committee ordered the following penalty and cost order:

• Requiring the Mr. Fong to be reprimanded by the panel of the Discipline Committee at the conclusion of the hearing
• Directing the Registrar to suspend the Mr. Fong’s certificate of registration, effective October 3, 2019, until which time that he has successfully completed the PROBE ethics program.
• Mr. Fong is required to participate in practice enhancement coaching upon his return to practice.
• Mr. Fong cannot practice as a physiotherapist assistant (PTA) during the period of the served suspension
• Mr. Fong is required to pay costs to the College in the amount of $6,000.00

This order is to be served concurrently with the penalty and cost order made in matter 2017-0119. 

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