The Situation

In early 2016, the College received a letter from the father of a young patient expressing his concern about an invoice he received from a physio clinic. Until receiving the invoice, the father had believed that his son had been assessed and treated by a registered physiotherapist. However, the invoice stated that the service had been provided by someone they had never seen.

The investigation revealed that an athletic therapist had performed the patient’s assessment and treatment. The investigation also uncovered that it was a routine practice at the clinic to have the athletic therapist perform assessments and treatments, but bill the services as physiotherapy under a physiotherapist’s name and registration number.  

The owner of the clinic was subject to disciplinary proceedings on the basis that he submitted invoices to patients that were false, misleading and inaccurate. He is presently suspended from practice.

In the course of the investigation into the clinic owner’s conduct, the Inquiries, Complaints and Reports Committee (ICRC) identified concerns with another physiotherapist, KM.

KM was an employee of the clinic and should have known that an assistant was performing assessments and falsely holding himself out as a physiotherapist to patients.

In her written submission to the College, KM asserted that she believed that clinic’s arrangement was “standard practice” and since she did not have a role in billing at the clinic, she had no way of knowing that the clinic owner was being listed as the service provider on the invoices.

The Committee’s Decision

After reviewing the facts and assurances from KM that steps had been taken to prevent these issues from happening again, the Committee decided that because of the seriousness of the complaint, KM needed to appear before the Inquiries, Complaints and Reports Committee to be cautioned and ordered to work with a practice enhancement coach as part of a Specified Continuing Education or Remediation Plan (SCERP).

As a self-regulated professional, KM’s defense was inexcusable. The College’s Standard for Professional Practice – Fees & Billing requires that physiotherapists audit invoices and billing practices periodically to ensure accuracy.

In addition to assuring billing accuracy, KM failed to meet her professional obligation and ensure public safety by assisting MD to hold himself out as physiotherapist. She also did not file a Mandatory Report as was required in this situation.

Failing to be aware of one’s professional responsibilities is not a defence, it's professional misconduct.