Discipline Summary
On August 10, 2017 the Inquiries, Complaints and Reports Committee referred a matter involving David Evans to the Discipline Committee for a hearing.
Overview of the Allegations
During the period of July 1, 2013 and August 5, 2016, Mr. Evans:
- delegated to an athletic therapist the assessment and re-assessment of, and the development of treatment plans for, Clinic physiotherapy patients;
- failed to perform assessments and to develop treatment plans for some physiotherapy patients ostensibly under his care;
- failed to obtain informed consent from some patients for the involvement of physiotherapist assistants in the delivery of physiotherapy;
- directly and/or indirectly held out an athletic therapist, as a Member of the College to patients of his Clinic and members of the public;
- issued invoices to some patients for a “Physiotherapy Assessment” under his name and registration number, when a different employee of Mr. Evans’ clinic, who is not a registered physiotherapist, performed the assessment;
- directly or indirectly misrepresented to the College that he, and not an athletic therapist, had assessed and/or developed the treatment plans for the patients
Finding
At the conclusion of the hearing the panel found that Mr. Evans had committed several act(s) of professional misconduct and a penalty was ordered.
Penalty
The panel ordered the following penalty:
- a reprimand at the conclusion of the hearing on November 28, 2017
- a suspension of 15 months with 7 months remitted if the following remedial activities are completed within the required timelines
- successful completion of the PROBE ethics program
- a review of various College standards, tools and resources
- When Mr. Evans returns to practice he will be required to work with a practice coach for no more than three years during which time he will not be able to supervise physiotherapy students or PTA students, or members of the College who hold a provisional practice certificate of registration. In addition Mr. Evans will not be able to teach or assist with the teaching of physiotherapy students or PTA students.
- Costs payable to the College in the amount of $2,000
- Costs payable to the Ministry of Finance in the amount of $3,000