Other Tribunals - CTCMPAO

The Member brought a motion in a disciplinary proceeding seeking to dismiss a notice of hearing, exclude evidence obtained during an undercover investigation, and obtain disclosure of an investigative file concerning another member.

The Member argued he had no obligation to cooperate with an investigation into another member.

The Discipline Committee dismissed the motion, finding that the duty to cooperate under the Health Professions Procedural Code applies even when the member is not the subject of the investigation.

The Committee also found the College had reasonable and probable grounds to commence the investigation and declined to exclude evidence or order further disclosure at the preliminary stage.

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 College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario brought professional misconduct allegations against the member for failing to maintain proper records and submitting inaccurate records to an insurer.

The member admitted to using stock templates for initial assessments and treatment notes that did not reflect the actual condition of the patients, and failing to maintain proper appointment and billing records.

The Discipline Committee found the member committed professional misconduct, noting the conduct was unprofessional but not disgraceful or dishonourable as there was no evidence of deceit or dishonesty.

The panel accepted a joint submission on penalty, ordering a reprimand, a one-month suspension, completion of an ethics course and record-keeping workshop, a reflective essay, up to three practice inspections, and $3,000 in costs.

The Member, a Traditional Chinese Medicine practitioner, admitted to professional misconduct for issuing false diplomas and transcripts to over 80 individuals through his academy, obstructing a College investigation, and submitting false transcripts for his own registration.

The Discipline Committee accepted an agreed statement of facts and a joint submission on penalty.

The Member was reprimanded, suspended for 24 months, permanently restricted from teaching or operating an academic institution related to the profession, ordered to complete an ethics course, and required to pay costs of $120,000 (reducible to $42,500 if paid early).

The member faced allegations of professional misconduct including insurance fraud, failing to maintain records, altering and losing patient records, falsifying bank statements, and attempting to bribe a College investigator.

The member admitted to the allegations and the Discipline Committee found that the conduct constituted professional misconduct.

The Committee accepted a joint submission on penalty, ordering a reprimand, a 9-month suspension, practice conditions including ethics and record-keeping courses, and $10,000 in costs.

The College alleged that the Member, a traditional Chinese medicine practitioner and acupuncturist, sexually abused a patient during an acupuncture treatment by touching her breast, massaging her vaginal area, and inserting his finger into her vagina.

The College also alleged the Member performed an unauthorized controlled act, failed to keep appropriate records, and improperly used the title 'Dr.'.

The Discipline Committee found the patient's evidence to be clear, cogent, and convincing, while the Member's evidence was inconsistent and unreliable.

The Committee concluded that the Member committed sexual abuse, performed an unauthorized controlled act, breached standards of practice, failed to maintain proper records, and improperly used the restricted title.

The Member was found guilty of professional misconduct on all allegations.

The College of Traditional Chinese Medicine Practitioners and Acupuncturists of Ontario brought disciplinary proceedings against the Member for professional misconduct.

The Member closed her practice without notifying patients, failed to refund prepaid treatment fees, and could not be reached by the College.

The Member did not attend the hearing.

The Discipline Committee found the Member committed professional misconduct by inappropriately discontinuing services, breaching an agreement with a patient, failing to give notice of practice closure, and engaging in disgraceful, dishonourable, or unprofessional conduct.

The Committee ordered a public reprimand, a three-month suspension upon any reinstatement, a condition to complete an ethics course, and $3,500 in costs.