On April 21, 2021, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Michael Cunanan to the Discipline Committee for a hearing.
The hearing took place on March 25, 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 March 25, 2022, on the penalty on March 25, 2022 and on costs on March 25, 2022.
After having considered all of the evidence, the panel found Michael Cunanan 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 27 (falsifying a record);
- paragraph 28 (signing or issuing a document containing a statement that the member knows or ought to know contains a false or misleading statement);
- 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).
- 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 ordered the following penalty, Michael Cunanan will:
- Receive a reprimand at the conclusion of the hearing (delivered on March 25, 2022)
- Serve a suspension for a period of ten months, the first two months with be served from March 26, 2022 up to and including May 26, 2023. The suspension could be extended if certain requirements are not met.
- Complete a review of tools, standards and resources
- Successfully complete (receive an unconditional pass) the ProBE program
- Meet with a practice coach for a maximum of eight occasions within a two-year period
While Michael Cunanan is serving the suspension, he cannot practice as a physiotherapist assistant (PTA). While serving the suspension, Michael Cunanan cannot use the title Physiotherapist, PT or any abbreviation thereof. Michael Cunanan’s name, PT title and/or registration number cannot be use for billing purposes while the suspension is being served.
The panel also ordered Michael Cunanan 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 your behaviour constituted serious misconduct and this sort of conduct will not be tolerated by the profession. Practicing physiotherapy is a privilege not a right. While serving your suspension, it is the expectation that you will reflect on this fact.
Public interest and trust depends on the integrity of the profession. Protecting the integrity of the profession demands zero tolerance of inappropriate business practice. The nature of your actions were particularly disgraceful and unprofessional. In your case, you knowingly engaged and encouraged patients to participate in fraudulent conduct with the insurer.
The additional risk of having insurers lose confidence in the profession could result in the public suffering from the consequences of loss of access to the public for physiotherapy care.
As a physiotherapist, it is incumbent upon you to maintain the standards of the profession particularly in the matter of record keeping and standards of practice.
The panel would like to advise you that any further findings of misconduct could result in a more severe outcome than that which was imposed today. We expect that you will not appear in front of a discipline panel again.
You can read the full decision of the Discipline Committee of the College of Physiotherapists of Ontario at: www.canlii.ca