On January 19, 2021, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Johnny Wang to the Discipline Committee for a hearing.
The hearing took place on August 23, 2021. 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 on August 23, 2021, on the penalty on August 23, 2021 and on costs on August 23, 2021.
After having considered all of the evidence, the panel found Johnny Wang to have committed the following acts of professional misconduct:
- paragraph 1 (failing to maintain the standards of practice of the profession);
- 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);
- paragraph 26 (failing to keep records in accordance with the standards of practice of the profession);
- paragraph 32 (submitting an account or charge for services that the member knows or ought to know is false or misleading);
- paragraph 33 (failing to take reasonable steps to ensure that any accounts submitted in the member’s name or billing number are fair and accurate); and
- paragraph 40 (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 Johnny Wang:
- Receive a reprimand at the conclusion of the hearing (delivered on August 23, 2021)
- Serve a suspension for the period of seven months. The first three months of the suspension will begin on October 1, 2021 and be completed on December 31, 2021. The remaining four months will be served as directed by the Registrar. The suspension could be extended if Johnny Wang is unable to complete certain requirements
- Complete a review of various College, standards, tools and resources
- Successfully complete the ProBe program
- Meet with a practice coach on no more than eight occasions for a two-year period
- Johnny Wang may not not use the title Physiotherapist, PT or any abbreviation thereof nor can Johnny Wang’s name, PT title and/or registration number be use for billing purposes while serving the suspension
- Johnny Wang may not practice as a physiotherapist assistant (PTA) during their suspension
The panel also ordered Johnny Wang to pay costs to the College in the amount of $4,000 to offset some of the costs associated with investigating and prosecuting this case.
As a part of the penalty the Committee also issued a reprimand which read as follows:
Mr. Wang, the panel has found that your behaviour has constituted professional misconduct and wishes to comment on certain elements to remind you in the strongest possible way that your professional obligations demand that your patients’ interests are always a priority, and that includes record keeping.
Focusing on record keeping, a patient record must include not only the clinical notes, but also the billing records. The sparsity of your clinical notes does not reflect clinical reasoning, though it very well may be present. The inadequacy of your records gives the impression of falsified and/or fraudulent billing behaviour.
The panel wishes to reinforce the importance of maintaining its standards in ensuring that your conduct is at all times professional. It is quite apparent that your behaviour was not a single occurrence, as you failed to demonstrate improvement following concerns raised by the third-party insurer. It is inconceivable to this panel that you were not aware of acceptable professional practice by the time the College commenced its investigation.
Finally, as you are the owner of a practice, your position means that you are in a leadership role and a mentor to members of our profession. You are expected to provide care and lead in the highest ethical behaviour. Should you appear before a disciplinary panel for similar behaviour in the future, this proceeding will weigh heavily on penalty consideration at that time.
You can read the full decision of the Discipline Committee of the College of Physiotherapists of Ontario at: www.canlii.ca