On August 23, 2023 the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Mike Postic to the Discipline Committee for a hearing.
The hearing took place October 28, 2024. This matter was resolved by way of an Agreed Statement of Facts and a Joint Submission on Penalty.
Finding
The panel of the Discipline Committee issued a decision on the finding, penalty and costs on October 28, 2024.
After having considered all the evidence, the panel found Mike Postic to have committed the following acts of professional misconduct:
- paragraph 1 (failing to maintain the standards of practice of the profession);
- paragraph 5 (practicing the profession while the member is in a conflict of interest); and
- paragraph 18 (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 members as disgraceful, dishonourable or unprofessional).
Penalty
The panel ordered the following penalty, Mike Postic will:
- Receive a reprimand at the conclusion of the hearing (delivered on October 28, 2024)
- Serve a 12 month suspension starting January 1, 2025
- Review a number of Standards of practice for the profession and supportive resources
- Successfully complete the professional boundaries and ethics program (PROBE) offered through CPEP
While Mike Postic is serving the suspension, they:
- Cannot use the title Physiotherapist, PT or any abbreviation there of
- Cannot use their name, PT title and/or registration number cannot be use for billing purposes
- Can only practice as a physiotherapist assistant (“PTA”) if certain requirements are met
The panel also ordered Mike Postic to pay costs to the College in the amount of $7,000 to offset some of the costs associated with investigating and prosecuting this case.
As a part of the penalty, the Committee issued a reprimand which read as follows:
Mr. Postic, as you know, part of the penalty order that this discipline panel has ordered is that you be given an oral reprimand. The fact that you received this reprimand will be a part of the public portion of the register, and as such, part of your record.
This panel has found that your behaviour constituted serious misconduct. This sort of conduct will not be tolerated by the profession. Practising physiotherapy is a privilege, not a right. While serving your suspension, it is the expectation that you will reflect on this fact.
Your decision to provide care to your family members and invoice an extended healthcare provider is unquestionably a conflict of interest, regardless of any other circumstances. It is decisions such as yours that undermine the public’s confidence in this profession.
Moreover, a loss in confidence from third party funders can contribute to a loss in access of physiotherapy care from those who truly need it.
In your case, you engaged and participated in fraudulent conduct with the insurer. It is concerning for this panel that you are the owner of a practice. Your position as a leader requires that you lead by example. At all times, your conduct must include a strict adherence to the standards of the practice of the profession.
You are a very fortunate person today. Had it not been for a joint submission, this panel would have imposed a much stricter penalty. The panel feels that you need to be aware and adhere to all College standards at all times. We appreciate the fact that you had acknowledged your professional misconduct and taken steps independently to remediate your actions.
It is the panel’s expectation that you will follow through with the ordered remediation and return to practice with a fulsome understanding of your obligations as a registered health professional. We do not expect to see you in front of a discipline panel in the future.
You can read the full decision of the Discipline Committee of the College of Physiotherapists of Ontario on CanLII (www.canlii.org)