Case 2019 0083 

On November 5, 2019 the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Jeff Bird to the Discipline Committee for a hearing. 

The hearing took place on May 11, 2020. This matter was resolved by way of an Agreed Statement of Facts and a Joint Submission on Penalty.

Finding

The Discipline Committee issued a decision on the finding on May 11, 2020, on penalty on May 11, 2020 and on costs on May 11, 2020. 

After having considered all of the evidence, a panel of the Discipline Committee found Jeff Bird to have committed the following acts of professional misconduct:

• Paragraph 2 (Reg 861/93) and Paragraph 1 (Reg 388/08) (failing to maintain the standards of the profession);

• Paragraph 25 (Reg 861/93) and Paragraph 18 (Reg 388/08)(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 Registrants as disgraceful, dishonourable or unprofessional); 

Penalty

The panel of the Discipline Committee ordered the following penalty. That Mr. Bird:

• Receive a reprimand at the conclusion of the hearing (delivered on May 11, 2020)

• Serve a suspension for the period of May 12, 2020 through to an including August 11, 2020. The suspension could be extended if Mr. Bird is unable to complete the remaining requirements

• Complete a review of various College standards, tools and resources

• Meet with a practice coach on no more than four occasions

• Successfully complete the PROBE program

• Practice as a PTA during his suspension only under the supervision of an approved registered member of the College who is a physiotherapist in Mr. Bird’s practice location

The Committee also ordered Jeff Bird to pay costs to the College in the amount of $3,400 to offset some of the costs associated with investigating and prosecuting this case.

As a part of the penalty the Committee also issued a reprimand which read as follows: 

Mr. Bird, the panel has found that you engaged in professional misconduct. And, by doing so, you have adversely affected the reputation of the physiotherapy profession. Your actions harmed an individual, and actions such as those undermine the public confidence in physiotherapists. 

While acknowledging the remorse that you expressed through your counsel, the findings of professional misconduct are serious. We expect that the remediation activities that have been ordered will allow you a much higher level of insight in regards to the issues that brought you before the Discipline Committee today. We further expect that when you resume practice as a physiotherapist, you are acutely aware of boundary issues in all interactions with patients.

Status

The physiotherapist is working on completing the following requirements of the order as outlined by the panel of the Discipline Committee:

• The suspension
• The review of the College standards, tools and resources
• The meetings with the practice coach
• The PROBE program 

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