On April 18, 2017 the Inquiries, Complaints and Reports Committee of the College of Physiotherapists of Ontario referred specified allegations against Colleen Bourgeois to the Discipline Committee of the College.

Overview of the allegations:

Breach of Privacy

Between the period March 1, 2015 and November 30, 2015, Ms. Bourgeois accessed patient records, including sensitive mental health records, of patients T, D, J and K.  Patients T, J and K were not patients of Ms. Bourgeois.  In respect of patient D, Ms. Bourgeois accessed health records during a period when D was not Ms. Bourgeois’ patient. Ms. Bourgeois did not access the records of patients T, D, J and K, for a purpose related to the provision of physiotherapy care.

Sexual Abuse

In or about March 2015, Ms. Bourgeois commenced a sexual relationship with patient D.  The sexual relationship included sexual intercourse. Ms. Bourgeois continued to provide physiotherapy care to patient D during and following the termination of the sexual relationship.

Finding

At the conclusion of the hearing the panel found that Ms. Bourgeois had committed the following acts of professional misconduct:

• paragraph 1: Failed to maintain the standards of practice of the profession;
• paragraph 10:Sexually abused a patient;
• paragraph 15: Contravened a federal provincial or territorial law relevant to themember’s suitability to practice;
• paragraph 18: Engaged 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
• paragraph 19:Engaged in conduct unbecoming a physiotherapist.

The Discipline Committee further found that the Member engaged in sexual abuse of a patient as defined by ss.1(3), 1(4) and 51(1)(b.1) of Health Professions Procedural Code, being Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991, c.18.

Penalty

The panel ordered the following penalty:

1. That the Member appear before the panel of the Discipline Committee to be reprimanded at the conclusion of the hearing on August 24, 2017.
2. That the Registrar revoke the Member’s certificate of registration effective August 24, 2017.
3. That the Member pay costs to the College in the amount of $1,000 payable by August 30, 2017.