The following is a summary of a matter placed before a four-member panel of the Discipline Committee of the College of Physiotherapists of Ontario on February 19, 2008.
Background
An individual who wishes to practice physiotherapy and call themselves a physiotherapist in the province of Ontario must demonstrate completion of or adherence to certain requirements in order to register with the College of Physiotherapists of Ontario and renew their registration on an annual basis.
It is a requirement and/or term, condition and limitation of registration for members of the College who hold an independent or academic certificate of registration to successfully complete the College Jurisprudence Program (the “Program”).
When the program was initially introduced, all registrants of the College were required to complete the Program by September 2006.
Allegations
Ms. Haavaldsrud failed to complete the Jurisprudence Program despite the fact that she was given numerous opportunities throughout 2006 and 2007 to complete the Program.
The Member’s Plea
Ms. Haavaldsrud chose not to attend the hearing. As such, a plea of not guilty was entered on her behalf.
Decision
The panel concluded that Ms. Haavaldsrud’s behaviour constituted professional misconduct pursuant to paragraph 23 (Performing an act or making an omission inconsistent with the Act, the Regulated Health Professions Act, 1991, or the regulations under either of these Acts) of Section 1 of Ontario Regulation 861/93 under the Physiotherapy Act 1991
Penalty and Costs
The panel ordered the following penalty.
- Ms. Haavaldsrud is required to appear before the panel to be reprimanded on a date to be set by the Registrar, the fact of which shall be recorded on the College register.
- The Registrar is directed to suspend Ms. Haavaldsrud’s certificate of registration until she provides proof, acceptable to the Registrar that she has complied with the condition on her certificate of registration imposed pursuant to subsection 16(4) of Regulation 532/98 by successfully completing the College Jurisprudence Program.
- Ms. Haavaldsrud is ordered to pay to the College costs in the amount of $7000, payable within 30 days of the date the panel’s order becomes final.
Reasons
Information about the Jurisprudence Program was provided to registrants via the College newsletter, Communiqué, as early as 2004. Numerous communications about the Program were provided to registrants by the College before the Program commenced. The Communication was sufficiently clear that this program was mandatory for the class of registrants of which Ms. Havaaldsrud was a member.
The fact that Ms. Haavaldsrud indicated to only have worked 346 hours in 2006 did not excuse her from meeting all of the obligations set out in the requirements for registration in the class of independent practice, the class in which she did register in March of 2007.
The panel accepted the College’s position that Ms. Haavaldsrud was given sufficient opportunities to complete the Jurisprudence Program, even after its deadline had expired.
The panel accepted the College’s evidence that Ms. Haavaldsrud had received the correspondence that it had sent to her during 2004, 2005, 2006, 2007 and prior to the hearing in 2008.
The panel found that it was more probable than not that Ms. Haavaldsrud had made no reasonable attempt to meet her professional obligation in completing the Jurisprudence Program.
The reprimand and suspension sends a clear message to members of the profession and the public that failing to complete the Jurisprudence Program, for any reason, constitutes professional misconduct and that the requirements to be a registered physiotherapist in the province of Ontario must be applied equally to all individuals.