Lauren Carnegie

Following a prior finding of professional misconduct including sexual abuse of a client, the discipline tribunal determined penalty and costs.

Applying the mandatory consequences under the Health Professions Procedural Code, it ordered a reprimand and immediate revocation where the sexual abuse consisted of sexual touching of the client's breasts.

The tribunal also ordered reimbursement of therapy and counselling funding up to the statutory maximum, required security in a reduced amount because the registrant could no longer practise and earn income as a massage therapist, and fixed costs payable by long-term installments.

A publication restriction protecting the client's identity remained in place.

The College prosecuted a discipline case arising from admitted professional misconduct by a registrant who engaged in concurrent treatment and sexual relationships with clients, failed to report criminal charges, breached pandemic practice guidance, violated client confidentiality, failed to maintain records, treated family members, and crossed professional boundaries.

The Tribunal applied the public-interest standard governing joint submissions and held that the proposed penalty and costs order did not meet the undeniably high threshold for rejection.

Given the mandatory consequences for sexual abuse findings and the seriousness of the additional misconduct, the Tribunal accepted the joint submission and ordered immediate revocation, a reprimand, reimbursement for therapy and counselling funding, security, and costs.

In a professional discipline hearing, the tribunal found that a registrant sexually abused a client during a single massage therapy appointment at a home-based clinic.

Applying the objective test for conduct of a sexual nature, the tribunal accepted the client’s evidence over the registrant’s and found inappropriate remarks, instructions to fully undress, inadequate draping exposing sensitive areas, non-consensual inner-thigh treatment, breast touching, and the registrant climbing onto the massage table between the client’s legs.

The tribunal also found contraventions of published standards, physical abuse, and disgraceful, dishonourable or unprofessional conduct.

Because the proven conduct included sexual touching of the client’s breasts, the tribunal ordered the registrant’s certificate of registration suspended immediately and directed that penalty and costs be scheduled.