CTCMPAO 2019

The College alleged that the Member committed professional misconduct after he was found guilty in criminal court of two counts of sexual assault against a patient.

The Member did not attend the discipline hearing.

The Discipline Committee found that the Member committed professional misconduct by being found guilty of an offence relevant to his suitability to practise and by sexually abusing a patient.

The Committee ordered that the Member be reprimanded, his certificate of registration be revoked, he reimburse the College for patient therapy funding up to $16,060, and he pay costs of $28,299.90.

The Member, an acupuncturist, admitted to professional misconduct for submitting false claims to an insurance company for services not provided and falsifying patient records.

An undercover investigator attended the clinic, received a massage from another person, and the clinic subsequently billed the insurer for eight acupuncture treatments purportedly provided by the Member.

The Discipline Committee accepted an Agreed Statement of Facts and a Joint Submission on Penalty.

The Member's certificate of registration was suspended for six months, and he was ordered to complete an ethics course, a record-keeping workshop, write a reflective essay, undergo practice assessments, and pay $1,000 in costs.

The College brought a motion to stay disciplinary proceedings against a former member alleged to have committed insurance fraud and other acts of professional misconduct.

The member's certificate of registration had expired, and evidence indicated he had left Canada indefinitely.

The Discipline Committee granted the stay, finding it in the public interest as the former member was no longer practicing in Ontario and would face disciplinary proceedings if he ever reapplied for registration.

The College brought a motion to stay discipline proceedings against the Member based on an Undertaking and Surrender Agreement.

The Member, who was not present, had agreed to surrender her Certificate of Registration, resign from the College, and never reapply or practice traditional Chinese medicine or acupuncture in any jurisdiction.

The Discipline Committee granted the motion, finding that the Agreement adequately protected the public interest and ensured transparency.

The Discipline Committee held a penalty hearing for a member found to have committed professional misconduct, including sexual abuse of a patient, performing unauthorized controlled acts, and failing to cooperate with a College investigation.

The member did not attend the hearing.

The Committee determined that recent legislative amendments mandating revocation for certain forms of sexual abuse applied retrospectively to the member's conduct.

Consequently, the Committee directed the Registrar to revoke the member's certificate of registration.

The Committee also ordered the member to receive a public reprimand, post $16,060 as security for the victim's therapy and counselling, and pay $20,000 in costs to the College.

The Discipline Committee held a penalty and costs hearing following findings of professional misconduct against the Member.

The misconduct included charging misleading and discriminatory fees, failing to disclose medication ingredients, improperly using the 'Doctor' title, poor record keeping, breaching patient confidentiality, and failing to cooperate with a College investigator.

The Committee ordered a reprimand, a 10-month suspension, and terms, conditions, and limitations on the Member's certificate of registration, including ethics and record-keeping courses.

The Member was also ordered to pay $65,000 in costs to the College and a $300 fine to the Minister of Finance.