The following is a summary of a matter placed before a five-member panel of the Discipline Committee of the College of Physiotherapists of Ontario on May 15, 2009. 

Allegations

In August 2007 an insurer submitted information to the College outlining concerns regarding Mr. Christensen’s practice. At the conclusion of the investigation the Executive Committee of the College referred the matter to the Discipline Committee for a hearing. 

The Facts as Agreed to by the Parties

Mr. Christensen was retained by a clinic to act in the capacity of a consultant for a fee of $1000 per month for the period of November through December 2006. During this time he initialed chart entries made by but not signed by another person for patients that he had not seen. Invoices related to the treatment for these patients suggested that Mr. Christensen was the service provider when he had never assessed, re-assessed or provided treatment to these patients. Further, he did not ensure that the support staff working with these patients were adequately supervised. Documentation included in the patient file regarding Mr. Christensen’s role was undated. 

The Member’s Plea

At the hearing, Mr. Christensen admitted to the allegations and the fact that his actions conduct constituted professional misconduct. Decision
The Panel agreed that Mr. Christensen’s conduct constituted professional misconduct. This finding was made in accordance with paragraphs 2 and 25 of section 1 of O.Reg.861/93 (Professional Misconduct Regulation), as amended under the Physiotherapy Act, 1991.  

2. Failing to maintain the Standard of practice of the profession
25. Engaging in conduct or performing an act that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional 

Penalty and Costs

The panel agreed that the Joint Submission on Penalty that was proposed by Counsel for the College and Counsel for the member was reasonable and as such ordered the following. 

1. Mr. Christensen shall be required to appear before the Discipline panel to be reprimanded, the fact of which shall be recorded on the register of the College of Physiotherapists of Ontario (the “College”).
2. The Discipline panel directs the Registrar to suspend Mr. Christensen’s certificate of registration for sixteen weeks (16) weeks with six (6) weeks themselves suspended if Mr. Christensen complies with the remainder of the order within the timeframes set out therein. The suspension will commence on a date to be set by the Registrar.
3. If in the opinion of the Registrar, Mr. Christensen fails to comply with a provision in the remainder of the order within the time frames set out therein, then the remaining six (6) weeks of suspension will commence on a date to be set by the Registrar.
4. The Discipline panel directs the Registrar to impose a term, condition and limitation on Mr. Christensen’s certificate of registration requiring him to successfully complete at his own cost, a course on record keeping approved by the Registrar, within twelve (12) months of the date the discipline panel’s order becomes final.
5. The Discipline panel directs the Registrar to impose a term, condition and limitation on Mr. Christensen’s certificate of registration requiring him to successfully complete at his own cost, a course on business practices approved by the Registrar, within twelve (12) months of the date the discipline panel’s order becomes final.
6. The Discipline panel directs the Registrar to impose a term, condition and limitation on Mr. Christensen’s certificate of registration requiring him to review, and sign an acknowledgement that he has reviewed, within six (6) months of the date the discipline panel’s order becomes final, the following College Standards for Professional Practice and their accompanying Guides: a) Business Practices – Fees and Billing, b) Record Keeping, and c) Physiotherapists Working with Support Personnel.
7. The Discipline panel directs the Registrar to impose a term, condition and limitation on Mr. Christensen’s certificate of registration prohibiting him from supervising physiotherapy students or members of the College holding provisional practice certificates of registration for a period of one year from the date that Mr. Christensen’s suspension is fully served.
8. Each of the terms, conditions and limitations described in paragraphs 4 through 7 shall be removed from Mr. Christensen’s certificate of registration when, in the opinion of the Registrar, it has been successfully fulfilled by Mr. Christensen.
9. Mr. Christensen is required to pay to the College costs in the amount of $1500.00, payable in full within 12 months of the date the Discipline panel’s order becomes final.

The Panel’s Reasons

The panel concluded that the above penalty was reasonable and serves to protect the public interest. Mr. Christensen cooperated with the College, and by agreeing to the facts and the proposed penalty, accepted responsibility for his actions. 

The penalty meets the objective of specific deterrence to the member, general deterrence to the profession and protects the public in addition to requiring the member to participate in several initiatives focused on remediation. The panel concluded that the penalty fell within the range of penalties imposed in similar cases.