Discipline Committee of the College of Audiologists and Speech-Language Pathologists of Ontario
Panel: Meg Petkoff, SLP Chair Vicky Papaioannou Member Rosanne LavaIlee Member Catherine Campbell Public Member Bryan De Sousa Public Member
Between:
College of Audiologists and Speech-Language Pathologists of Ontario
- and - Yvonne Bricks, Certificate No. 2594
Counsel: Bernie LeBlanc for the College of Audiologists and Speech-Language Pathologists of Ontario Dena Varah for the Member Yvonne Bricks Scott C. Hutchison, Independent Legal Counsel to the Committee
Heard: July 15, 2008
DECISION AND REASONS
This matter came on for hearing before a panel of the Discipline Committee on July 15, 2008 at the College of Audiologists and Speech-Language Pathologists of Ontario (the "College") at Toronto.
The Allegations
A Notice of Hearing dated May 8, 2007 containing a Statement of Allegations was filed as Exhibit No. 1.
- The Notice of Hearing contained statements of allegations supporting the position of the College that Ms. Bricks had engaged in professional misconduct within the meaning of paragraphs 2 (failing to maintain a standard of practice of the profession), 13 (breaching an agreement with a patient or client relating to professional services for the patient or client or fees for such services), 20 (falsifying a record relating to the member's practice), 22 (signing or issuing, in the members professional capacity, a document that the member knows contains false or misleading statement), 23 (submitting an account or charge for services that the member knows is false or misleading), 24 (charging a fee that is excessive in relation to the services charged for) and 37 (engaging in conduct or performing an act, relevant to the practice of the profession, that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional) of section 1 of O. Reg. 749/93, under the Audiology and Speech-Language Pathology Act, 1991.
College counsel informed the panel that allegations of professional misconduct as described in section 1 of o. Reg. 749/93, under the Audiology and Speech-Language Pathology Act, 1991 and listed as 20, (falsifying a record relating to the member's practice), 22, (signing or issuing, in the member's professional capacity, a document that the member knows contains a false or misleading statement), and 23, (submitting and account or charge for services that the member knows is false or misleading), had been withdrawn.
Agreed Statement of Facts
The Member admitted the substance of the allegations against her and the hearing proceeded upon an Agreed Statement of Facts dated June 19, 2008 (filed on consent of both parties as Exhibit No. 2). It contained the following agreed upon facts:
Ms. Yvonne Bricks ("Ms. Bricks") was, at all material times, a speech-language pathologist registered with the College or Audiologists and Speech-Language Pathologists of Ontario.
Between May 2, 2003 and June 30, 2005, Ms. Bricks practiced as an independent contractor with COMCARE Health Services ("COMCARE"). Through COMCARE's agreements with two Community Care Access Centers ("CCACs"), Ms. Bricks provided services to school-aged children in several schools in York region and Scarborough. Ms. Bricks' responsibilities required that she work almost full-time in her position with COMCARE.
Between April 2002 and December 31, 2004, Mrs. Bricks also practiced as an independent contractor with Community Rehab. Through Community Rehab's agreement with a CCAC, Ms. Bricks provided services to school-aged children in several schools in the Brampton area and she provided services to adults. Ms. Bricks' responsibilities required that she work three to four days per week in her position with Community Rehab.
Between May 2003 and December 31, 2004, when Ms. Bricks practiced for both COMCARE and Community Rehab, there were many inconsistencies and discrepancies in respect of Ms. Bricks' invoices. For example, her invoices were Out of order, invoice numbers were missing and visits on billing sheets and patient charts did not match Ms. Bricks' invoices. Ms. Bricks also billed for services that she did not provide.
Attached at Tab A is an investigator's memorandum summarizing an interview with Ms. Dominique Collado, Director of Clinical Operations of COMCARE, on December 2, 2005. During this interview, Ms. Collado identified a number of specific concerns regarding billing inaccuracies, record keeping deficiencies and communication concerns.
Attached at Tab B is an investigator's memorandum summarizing the investigator's analysis of Ms. Bricks' work schedule and billings between May 2003, and December, 2004, when Ms. Bricks performed contract work for both COMCARE and Community Rehab.
Attached at Tab C is an investigator's memorandum summarizing the investigator’s interview with Ms. Debbie Jones-Snyders, Director of Community Rehab, on July 10, 2006. During this interview, Ms. Debbie Jones-Snyders discussed billing and related policies of Community Rehab as well as the fact that Ms. Br