OCASPD 2015

The College of Audiologists and Speech-Language Pathologists of Ontario brought allegations of professional misconduct against the respondent, a speech-language pathologist, including failure to supervise support personnel and irregular billing practices.

During the hearing, the respondent notified the College of her decision to close her practice and resign from the College.

The respondent requested that the allegations be withdrawn and removed from the public register.

The Discipline Committee determined it had continuing jurisdiction despite the resignation and could not dismiss the allegations or remove them from the register without the College's consent.

With the consent of both parties, the Committee ordered the hearing adjourned sine die.

The Member, an audiologist, was alleged to have committed professional misconduct by using the title 'doctor' or 'Dr.' in her practice, contrary to section 33 of the Regulated Health Professions Act.

The Member brought a motion challenging the College's jurisdiction, the validity of the professional misconduct regulation, the referral process, and the constitutionality of the title restriction under sections 2(b) and 7 of the Charter.

The Discipline Committee dismissed the motion, finding the regulation valid and the Charter rights not infringed, relying on binding precedent that professional title restrictions do not violate freedom of expression or security of the person.

The Committee found the Member committed professional misconduct, ordered a reprimand, a three-month suspension (one month remitted), an ethics course, practice inspections, and costs of $97,595.