On December 11, 2019 the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Feng Luo to the Discipline Committee for a hearing.
The hearing took place on July 3, 2020. This matter was resolved by way of an Agreed Statement of Facts and a Joint Submission on Penalty.
Finding
The Discipline Committee issued a decision on the finding on July 3, 2020, on penalty on July 3, 2020 and on costs on July 3, 2020.
After having considered all of the evidence, a panel of the Discipline Committee found Feng Luo to have committed the following acts of professional misconduct:
- Paragraph 1 (Reg 388/08) (failing to maintain the standards of the profession);
- Paragraph 18 (Reg 388/08) (engaging in conduct or performing an act relevant to the practice of the profession that, having regard to all the circumstances, would reasonably be regarded by Registrants as disgraceful, dishonourable or unprofessional);
- Paragraph 26 (Reg 388/08) (failing to keep records in accordance with the standards of practice of the profession);
- Paragraph 28 (Reg 388/08) (signing or issuing a document that the Registrant knows or ought to know contains a false or misleading statement);
- Paragraph 32 (Reg 388/08) (submitting an account or charge for services that the Registrant knows or ought to know is false or misleading);
- Paragraph 40 (Reg 388/08) (continuing the treatment of a patient where it is no longer indicated, has ceased to be effective or is unnecessary)
Penalty
The panel of the Discipline Committee ordered the following penalty, that Mr. Luo:
- Receive a reprimand at the conclusion of the hearing (delivered on July 3, 2020)
- Serve a suspension for the period of July 4, 2020 through to and including February 4, 2021. The suspension could be extended if Mr. Luo is unable to complete the remaining requirements
- Complete a review of various College standards, tools and resources
- Comply with the terms and conditions of the Acknowledgement & Undertaking (see below)
- Meet with a practice coach on no more than eight occasions
- Submit to random spot audits / inspections for a two-year period following his return to practice
- Practice as a PTA only under the supervision of a pre-approved, registered member of the College who is a full-time physiotherapist in the Registrant’s practice location
The Committee also ordered Feng Luo to pay costs to the College in the amount of $8,000 to offset some of the costs associated with investigating and prosecuting this case.
Terms of the Undertaking
Mr. Luo agreed to the following:
He acknowledged and accepted that the “art of symmetry” approach does not constitute physiotherapy, does not fall within the scope of practice of physiotherapy, and cannot be promoted, represented, described, referred to as, or otherwise billed or invoiced as physiotherapy assessments, treatments or services;
He undertook to practice only physiotherapy, within the scope of practice defined in the Physiotherapy Act, at his two practice locations, as set out below, and at any other practice location where he may provide or otherwise promote myself as providing, physiotherapy services:
Oakville, Ontario: 1545 Cornwall Road, Unit 39, Oakville, Ontario L6J 0B2
Markham Ontario: 8392 Kennedy Road, Unit 2, Markham, Ontario L3R 9W5
He agreed to not practice the “art of symmetry” approach at the above clinic locations or at any other clinic or site where he is providing, or representing that he is providing, physiotherapy treatments or services.
He voluntarily agreed to change the business and operating name of his clinic(s) (the “Clinic”) where he will be practicing physiotherapy, as well as all promotional materials for his Clinic, including exterior and interior signage, business cards and any other promotional materials, and will not refer to “AOS” or “Art of Symmetry” in the new Clinic name or promotional materials. He will effect these changes to the Clinic name and promotional materials by no later than February 4, 2021.
As a part of the penalty the Committee also issued a reprimand which read as follows:
The panel has found that your behaviour failed to maintain the standards of practice of the profession and wishes to comment on those elements. Had it not been a joint submission by you and the College, this panel would have imposed a much stricter penalty. The number of ways in which you did not adhere to the standards is concerning. It is troubling to us that you, as a licenced physiotherapist in Ontario, failed to practise physiotherapy within the scope as directed by the College of Physiotherapists of Ontario.
We trust that the order imposed will ensure that your practice will meet all the standards of the profession. There is an inherent danger to the public by performing unverified treatment techniques and in doing so, while holding oneself out as a physiotherapist, degrades the profession in the eyes of the public. To be clear, that should you appear before a disciplinary panel in the future, this proceeding will weigh heavily on the penalty consideration at that time.
Status
The physiotherapist is working on completing the following requirements of the order as outlined by the panel of the Discipline Committee:
- The suspension
- The review of the College standards, tools and resources
- The meetings with the practice coach
- The spot audits
- The requirements of the Undertaking
You can read the full decision of the Discipline Committee of the College of Physiotherapists of Ontario at: www.canlii.ca