CTCMPAO 2023

The College brought professional misconduct allegations against the member.

The member did not attend the hearing but had resigned her certificate of registration and provided a written undertaking never to reapply.

The College agreed that, given the resignation and undertaking, it was not contrary to the public interest to adjourn the hearing indefinitely, reserving the right to continue proceedings if the member ever reapplied.

The Discipline Committee adjourned the allegations indefinitely, noting that costs could not be awarded without a finding of professional misconduct.

The Discipline Committee determined the penalty for a member found to have committed professional misconduct by advising a patient to stop thyroid medication and falsely claiming acupuncture could regrow the thyroid gland, leading to the patient's hospitalization.

The College sought revocation, arguing the member was ungovernable due to his failure to participate in the hearing and his relocation to Korea.

The Committee found the member was not ungovernable, noting his prior expressions of remorse and lack of discipline history.

The Committee ordered a 12-month suspension, a reprimand, remedial terms including the PROBE program, and costs of $29,818.45.

The College sought to withdraw the allegations in the Notice of Hearing against the respondent.

The respondent had previously executed an undertaking to surrender his certificate of registration and never reapply.

The Discipline Committee permitted the withdrawal, finding that a full hearing was not in the public interest given the respondent's undertaking and the disposal of a prior Notice of Hearing.

The Member, a traditional Chinese medicine practitioner and acupuncturist, admitted to professional misconduct including sexual abuse, boundary violations, and failing to obtain informed consent.

The Member made inappropriate personal and sexual remarks to a patient, unclasped her bra without informed consent, and failed to follow communication standards.

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

The Member was reprimanded, suspended for four months (with one month remitted), required to complete an ethics course, ordered to reimburse the College up to $17,370 for patient therapy funding, and ordered to pay $5,000 in costs.

The College and the member jointly requested an indefinite adjournment of the discipline hearing.

The member had signed an Acknowledgement and Undertaking to Resign and Never Reapply, agreeing to resign his registration immediately and never reapply in Canada.

The member also agreed to reimburse the College for funding provided to a complainant.

The Discipline Committee granted the request, finding that the undertaking protected the public and represented an effective use of resources, and ordered the matter indefinitely stayed.