The following is a summary of a matter placed before a five member panel of the Discipline Committee of the College of Physiotherapists of Ontario on October 23, 2012.
In November 2011 the College received information which prompted an investigation into Ms. Blumfald’s conduct. At the conclusion of the investigation the Inquiries, Complaints and Reports Committee of the College referred the matter to the Discipline Committee for a hearing.
At the hearing, Ms. Blumfald admitted to the facts contained in the agreed statement of facts and confirmed that her actions constituted professional misconduct.
The Facts as Agreed to by the Parties
- At the material times Marni Blumfald was a duly registered physiotherapist in Ontario.
- At the material times, Ms. Blumfald practised physiotherapy in or about Toronto, Markham and Thornhill, Ontario.
- Ms. Blumfald agreed that from in or about 2009 to in or about 2011, she submitted over $10,000.00 in false claims to an insurance company for various types of health care services and products supposedly provided to Ms. Blumfald by other providers. Ms. Blumfald received payment from the insurance company for these false claims.
- Ms. Blumfald agreed that from in or about 2009 to in or about 2011, she forged the signatures of a number of health care providers on documents she submitted to the insurance company.
Summary of the Penalty as Ordered by the Panel
- Ms. Blumfald will receive a reprimand, the fact of which shall be recorded on the College register.
- Ms. Blumfald’s certificate of registration will be suspended for six months with three months suspended if she completes the other requirements of the Order.
- There will be a term, condition and limitation on Ms. Blumfald’s certificate of registration requiring her to successfully complete the PROBE ethics course, at her own expense, within nine (9) months of the date of the discipline panel’s order.
- There will be a term, condition and limitation on Ms. Blumfald’s certificate of registration requiring her to be involved in a practice monitoring program for three years.
- Ms. Blumfald is ordered to pay to the College costs in the amount of $3000.00 within 60 days of the hearing.
Decision
The panel agreed that the facts set out in the agreed statement of facts would support a finding of professional misconduct. The parties presented a joint submission on penalty which included a reprimand, the ethics course, practice monitoring and costs payable to the College in the amount of $3000. The parties made submissions with respect of a suspension. After hearing submissions from the parties the panel confirmed that the joint submission on penalty was reasonable and in the public interest. In addition the panel ordered that Ms. Blumfald’s certificate of registration be suspended immediately for a period of six months; three of which would be suspended if Ms. Blumfald completed the terms, condition and limitations as required and paid the cost order.