On December 8, 2021, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Jeff Whelan to the Discipline Committee for a hearing.
The hearing took place on December 14, 2022. 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 December 14, 2022, on the penalty on December 14, 2022 and on costs on December 14, 2022.
After having considered all of the evidence, the panel found Jeff Whelan 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); and
- paragraph 26 (failing to keep records in accordance with the standards of practice of the profession).
Penalty
The panel ordered the following penalty, Jeff Whelan will:
- Receive a reprimand at the conclusion of the hearing (delivered on December 14, 2022)
- Serve a two-month suspension commencing at 11:59pm on December 14, 2022 and ending at 12:01am on February 13, 2023.
- Successfully complete counselling with a counsellor selected by the Registrar
- Complete a review of resources
While Jeff Whelan is serving the suspension, he cannot use the title Physiotherapist, PT or any abbreviation there of. Jeff Whelan’s name, PT title and/or registration number cannot be use for billing purposes while the suspension is being served. Jeff Whelan cannot act provide services as a physiotherapist assistant (PTA).
The panel also ordered Jeff Whelan to pay costs to the College in the amount of $5,000 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:
The Panel has found that you engaged in significant professional misconduct, and by doing so, you have adversely affected the reputation of the physiotherapy profession. Your conduct was unprofessional and lacked the required respect for patient boundaries, and by your own admission, use of certain language was unprofessional and inappropriate.
It failed to the maintain the standards of practice of the profession in terms of clinical judgment, professional boundaries, informed consent, record keeping and communication with patients. Your actions undermine the public confidence in physiotherapists.
Mr. Whelan, while we acknowledge the remorse you expressed through your counsel, the findings of professional misconduct are serious. It is the Panel’s hope that your stated commitment to your remediation is followed through and will result in a positive change to your practice.
We expect that when you resume your practice as a physiotherapist, you are acutely aware of boundary issues and all interactions with patients. Further, we expect that you will never appear before a Discipline Committee panel again.
You can read the full decision of the Discipline Committee of the College of Physiotherapists of Ontario at: www.canlii.ca