Discipline Case Summary
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 Friday, June 27, 1997.
Allegations
Following an investigation into the practice of Mr. R, the College alleged that the member’s conduct constituted professional misconduct. The conduct alleged constitutes professional misconduct under paragraph 2 (failing to maintain standards), 18 (false or misleading account), 25 (unprofessional conduct), and 29 (failing to supervise auxiliaries) of Section I of Ontario regulation 861/93
Statement of Agreed Facts
An agreed statement of facts and joint submission on penalty were placed before the Discipline panel. The following facts were agreed to:
Mr. R worked at the XXX Clinic in ABCDEF, Ontario from 1993 to the present.
During the latter portion of that period, Mr. R was the only physiotherapist working at the clinic. Generally, Mr. R only worked about two afternoons a week, despite the fact that the clinic was open during normal business hours.
Mr. R assessed patients, developed treatment plans for patients, showed the treatment plans to unregistered staff who would administer them, and Mr. R then re-assessed and discharged the patients. He assumed responsibility for the ongoing care of the patients of the clinic.
Mr. R knew or ought to have known that the unregistered staff provided treatment without appropriate supervision, performed evaluative procedures and initiated treatment before Mr. R saw the patient, made chart entries and altered treatment plans without a re-assessment by Mr. R. These activities of unregistered staff occurred in Mr. R’s absence, including when he was on vacation.
Some of the patients’ treatments were paid by the Worker’s Compensation Board. The Board’s billing expectations are that physiotherapy services be provided by physiotherapists. In the circumstances, accounts submitted for the treatment of patients suggested that physiotherapy had been given to the patients when it had not. Mr. R knew or ought to have known that these accounts were submitted to the Board.
Mr. R failed to make adequate inquiries with respect to the supervision of support staff and the rendering of accounts by the clinic for services rendered.
Finding
Mr. R pleaded guilty to the allegations contained in the Statement of Allegations and agreed that this constituted professional misconduct under paragraph 25 of Section I of Ontario regulation 861/93.
Joint Submission on Penalty
Mr. R provided an undertaking to the College. With the undertaking, Mr. R agreed to:
- Terminate his association with the ABCDEF Clinic prior to signing the undertaking,
- Notify the Registrar of the College of Physiotherapists of Ontario in writing of his practice and billing arrangements for a period of two years from the date of the signing of the undertaking.
The parties also consented to the following order being made by the Discipline Committee:
- Mr. R’s certificate of registration shall be suspended for a period of two months commencing on a date to be fixed by the Registrar,
- As a term, condition and limitation of his certificate of registration, Mr. R must notify the Registrar of his practice arrangements for a period of two years from the date of his undertaking.
Costs
The Discipline Committee ordered that Mr. R pay to the College of Physiotherapists of Ontario $800.00 toward the costs and expenses of the College’s investigation of this matter. The cost is to be paid within six months of the date of this order.