On August 9, 2018, the Inquiries, Complaints and Reports Committee referred a matter involving Joseph Trambulo to the Discipline Committee for a hearing. The hearing was held on April 29, 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:

1. At all material times Joseph Trambulo was a registered member of the College of Physiotherapists of Ontario.
2. On or about December 5, 2016, Mr. Trambulo engaged in professional misconduct within the meaning of the following paragraphs of section 1 of the Professional Misconduct Regulation, 0. Reg. 388/08:
   a. paragraph 1 (failing to maintain the standards of practice of the profession);
   b. paragraph 10 (sexual abuse of 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); and
   d. paragraph 19 (conduct unbecoming a physiotherapist).
3. On or about December 5, 2016, Mr. Trambulo committed an act of professional misconduct under ss. 1(3), 1(4) and s.51(1)(b.1) of the Health Professions Procedural Code, which is Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991, c.18 (the "Code") in that he engaged in sexual abuse of a patient.

Finding

At the conclusion of the hearing, the Panel found that Mr. Trambulo had committed several acts of professional misconduct and they ordered the following penalty. The College withdrew allegations related to paragraph 10—sexual abuse of a patient.

Outcome

The registrant received a reprimand at the conclusion of the hearing on April 29, 2019.

The registrant’s certificate of registration will be suspended for a period of twelve months, commencing July 1, 2019 and ending on June 30, 2020.

The registrant must successfully complete the ProBe Ethics program by June 30, 2020.

The registrant must successfully complete the Understanding Boundaries and Managing Risks Inherent in the Doctor-Patient Relationship course no later than June 30, 2020. 

The registrant must attend for therapy and counseling sessions which will focus on the issue of boundaries and the inherent power imbalance in the relationship between a health care provider and a patient.

The registrant must complete a review of the following College Standards, tools, and resources and send written confirmation to the Registrar confirming that he has done so.

Professional Misconduct Regulation

Essential Competency Profile for Physiotherapists in Canada and the Quick Reference Document

Boundaries and Sexual Abuse Standard

Code of Ethics

The registrant is required to pay costs to the College in the amount of $5,500 by June 30, 2020.

In addition, the registrant signed an undertaking with the College in which he agreed not to work as a physiotherapist assistant during the period of time that he is serving his suspension.