Ontario (College of Traditional Chinese Medicine Practitioners & Acupuncturists of Ontario) v Taebi, 2016 ONCTCMPAO 2

DISCIPLINE COMMITTEE OF THE COLLEGE OF TRADITIONAL CHINESE MEDICINE PRACTITIONERS AND ACUPUNCTURISTS OF ONTARIO

IN THE MATTER OF

the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, and the Traditional Chinese Medicine Act, S.O. 2006, c.27

Decision Date:

October 13, 2016

Indexed as:

Ontario (College of Traditional Chinese Medicine Practitioners & Acupuncturists of Ontario) v Taebi, 2016 ONCTCMPAO 2

Panel:

Henry Maeots Chairperson, Public Member

Ming Cha Member

Chris Gordon Member

Philip Schalm Public Member

BETWEEN:

THE COLLEGE OF TRADITIONAL CHINESE MEDICINE PRACTITIONERS AND ACUPUNCTURISTS OF ONTARIO

-and-

EBRAHIM TAEBI Reg. No. 4471

Jaan Lilles for the College No representation for the Member Johanna Braden, Independent Legal Counsel Date of Hearing: August 22, 2016

DECISION AND REASONS FOR DECISION

This matter came on for hearing before a panel of the Discipline Committee (the “Panel”) on August 22, 2016 at the College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario (the “College”).

Ebrahim Taebi (the “Member”) was present, and not represented by counsel.

The Allegations

On November 24, 2015, the College issued a Notice of Hearing against the Member, alleging that the Member had engaged in professional misconduct under the Traditional Chinese Medicine Act, 2006 (the “Act”) in that he:

1. Contravened the Regulated Health Professions Act (the “RHPA”) by performing an unauthorized, controlled act, contrary to Section 27(1) of the RHPA and sections 1(10) and (39) of Ontario Regulation 318/12 of the Act;

2. Contravened a Standard of Practice of the profession contrary to section 1(1) of Ontario Regulation 318/12 of the Act.

3. Used a prohibited title, contrary to Section 33(1) of the RHPA and sections 1(32) and (39) of Ontario Regulation 318/12 of the Act;

4. Permitted the use of testimonials in respect of his practice, contrary to section 1(30) of Ontario Regulation 318/ 12 of the Act;

5. Breached the Food and Drugs Act, R.S.C. 1985, c. F-27, a statute for the purpose of protecting public health, contrary to section 1(40) of Ontario Regulation 318/ 12 of the Act; and/or

6. Engaged in conduct or performed an act relevant to the practice of the profession which having regard to all the circumstances would reasonably regarded by a member as disgraceful, dishonorable or unprofessional, contrary to section 1(48) of Ontario Regulation 318112 of the Act.

The Motion

The Member did not enter a plea to the allegations at this hearing. Rather, the College brought a motion to stay the proceedings on the basis of an Undertaking and Surrender Agreement signed by the Member on August 22, 2016 (the “Agreement”).

In the Agreement, the Member indicated he wished to surrender his Certificate of Registration and to forever withdraw from the practice of traditional Chinese medicine and acupuncture in the province of Ontario, or elsewhere in Canada or the United States of America or any other jurisdiction in order to avoid having the allegations in the Notice of Hearing considered by the Discipline Committee in a full and open hearing. In consideration of the College’s agreement to stay the proceedings at this time, the Member agreed to:

1. Surrender his Certificate of Registration with the College;

2. Refrain now, and in the future, from practicing and/or holding himself out as a traditional Chinese medicine practitioner or acupuncturist or any variation thereof anywhere in Canada or the United States of America or any other jurisdiction;

3. Refrain now, and in the future, from applying for the reinstatement of his Certificate of Registration with the College, or from applying for registration with any other licensing body governing the practice of traditional Chinese medicine or acupuncture, in any other jurisdiction, wherever situated.

4. Refrain now, and in the future, from using the title “Dr.” or any variation or abbreviation thereof in conjunction with the provision of health services contrary to s. 33 of the RHPA;

5. Refrain now, and in the future, from using or offering to use leeches for a medical purpose except in the event he becomes authorized to do so and only in accordance with all applicable legislation including, inter alia, the Food and Drugs Act, R.S.C., 1985, c. F- 27; and

6. Contribute $750.00 to partially offset the College’s costs of investigating the matter.

In the Agreement, the Member further indicated that he understands and agrees to additional terms and conditions, including the following.

• Should the College receive information that the Member has failed to abide by any of the terms of the Agreement, the College may conduct further investigations into the Member’s practice, and/or reactivate these stayed proceedings, and/or refer the Member to another panel of the Inquiries, Complaints and Reports Committee and/or the Discipline Committee in respect of allegations of professional misconduct or incompetence arising out of:

o the Member’s failure to abide by any of the terms of the Agreement and/or

o the conduct forming the subject of the Inquiries, Complaints and Reports Committee’s investigation referred to in the Agreement.

• The terms of the Agreement along with the Member’s name and the particulars of the terms of the Agreement will be published in the College’s routine publications, including on the College’s website, and that the Agreement will form part of the Member’s history with the College and may be referred to in any future investigation or proceeding.

Decision

Having considered the materials filed and the submissions of College counsel and the Member, the panel finds that it is in the public interest to grant the relief requested. The panel orders that the allegations of professional misconduct against the Member set out in the Notice of Hearing dated November 24, 2015 are stayed in accordance with the terms set out in the Undertaking and Surrender Agreement signed by the Member on August 22, 2016.

Reasons for Decision

The Panel recognized that its decision should be in the public interest. Although the allegations against the Member will not be adjudicated by the Discipline Committee at this time, the Panel finds that the public is protected by the terms of the stay that the Member has voluntarily agreed to. In light of the agreement of the parties to resolve the matter without a hearing, the Panel agrees that it would not be in the public interest to require a hearing of the allegations. The public will be protected by the terms of the Agreement and the transparency of this process.

The Member has cooperated with the College and the Panel concluded that the stay of proceedings and undertaking by the Member is reasonable and in the public interest. While the Panel recognizes that it does not have the authority to make an order affecting the Member’s certificate of registration in any jurisdiction other than Ontario, nothing prevents the Member from making an agreement with the College regarding his practice in other jurisdictions. The Member, who was present, specifically indicated to the Panel that he was content to make this agreement.