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: January 19, 2023
Indexed as: Ontario (College of Traditional Chinese Medicine Practitioners & Acupuncturists of Ontario) v Hongxing Xiao, 2023 ONCTCMPAO 22
Panel:
Justin Lee, Chairperson, Professional Member
Maureen Morton, Public Member
Judy Cohen, Public Member
BETWEEN:
THE COLLEGE OF TRADITIONAL CHINESE MEDICINE PRACTITIONERS AND ACUPUNCTURISTS OF ONTARIO
-and-
HONGXING XIAO
Jaan Lilles and Brianne Westland for the College
Self-represented Fredrick Schumann
Independent Legal Counsel
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DECISION AND REASONS FOR DECISION
This matter came on for hearing before a panel of the Discipline Committee (the “Panel”) of the College of Traditional Chinese Medicine Practitioners and Acupuncturists (the “College”), on November 10, 2022, via videoconference.
At the hearing, College counsel told us that they were seeking to withdraw the allegations in the Notice of Hearing.
Mr. Xiao did not attend the hearing.
A prior Notice of Hearing against Mr. Xiao was the subject of a hearing on June 22, 2022 and a decision dated November 7, 2022.
College counsel informed us that, on June 19, 2022, Mr. Xiao executed an undertaking, acknowledge and consent to surrender his certificate and never reapply. It is because of that undertaking that the College seeks to withdraw the allegations in the Notice of Hearing.
College counsel submitted that leave of the panel was not required to withdraw the allegations in the Notice of Hearing. It is unnecessary to decide whether or not leave is required, since, if it was required, we would give it. Because of Mr. Xiao’s undertaking, and in light of the disposal of the prior Notice of Hearing, it would not be in the public interest to require a full-blown hearing in this matter.
Accordingly, the allegations in the Notice of Hearing were withdrawn.