On September 18, 2020, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Silvana Yee to the Discipline Committee for a hearing.
The hearing took place on June 17, 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 June 17, 2021, on the penalty on June 17, 2021 and on costs on June 17, 2021.
After having considered all of the evidence, the panel found Silvana Yee 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 professional while the member is in a conflict of interest),
- 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 27 (falsifying records),
- Paragraph 28 (signing or issuing a document containing a statement that the member knows or ought to know is false or misleading),
- Paragraph 32 (Submitting an account or charge for services that the members 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 Silvana Yee:
- Receive a reprimand at the conclusion of the hearing (delivered on June 17, 2021)
- Serve a suspension for the period of June 18, 2021 through to and including January 17, 2022. The suspension could be extended if they are 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 four occasions
- The physiotherapist may not supervise physiotherapy students, physiotherapy assistant students or registrants of the profession who hold a provisional practice certificate of registration during the coaching period
- Practice as a PTA during their suspension only under the supervision of an approved, registered member of the College who is a full-time physiotherapist in Silvana Yee’s practice location. If this is a private practice setting, this location must be owned by a regulated health professional.
The panel also ordered Silvana Yee to pay costs to the College in the amount of $4,500 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 wishes to advise you that your pattern of behaviour over the 22-month period in question will not be tolerated by this profession. Your conduct was unethical and brought disrepute to the profession. Protecting the integrity of the profession demands zero tolerance of inappropriate business practises.
Your actions constitute serious and most objectionable misconduct. As a physiotherapist, it is incumbent upon you to adhere to the standards established by the College to protect the public.
We do wish to acknowledge your cooperation with the College, and that you have no prior history with the College.
The panel hopes that this experience will provide you with a chance to reflect on the behaviour that has brought you before us today. The panel has provided you with an opportunity to correct your behaviours and return to the profession. We encourage you to use the resources available to you. Should you be subject to misconduct proceedings in the future, these findings today will certainly influence the outcome at that time.
You can read the full decision of the Discipline Committee of the College of Physiotherapists of Ontario at: www.canlii.ca