On March 1, 2022, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Jennifer Lapierre to the Discipline Committee for a hearing.
The hearing took place on June 1, 2023. 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 1, 2023, on the penalty on June 1, 2023 and on costs on June 1, 2023.
After having considered all of the evidence, the panel found Jennifer Lapierre 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 28 (signing or issuing a document containing a statement that the member knows or ought to know is false or misleading); and
- 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 41 (failing to supervise in accordance with the standards of practice of the profession).
Penalty
The panel ordered the following penalty, Jennifer Lapierre will:
- Receive a reprimand at the conclusion of the hearing (delivered on June 1, 2023)
- Serve a six-month suspension beginning July 1, 2023. This suspension could be extended if the Registrant does not complete other activities in the order.
- Receive an unconditional pass from the PROBE program offered through CPEP
- Review a list of tools, standards and resources
- Participate in Practice Enhancement Coaching
Jennifer Lapierre can only practice as a physiotherapy assistant (PTA) while serving the suspension if certain requirements are met.
While Jennifer Lapierre is serving the suspension, they cannot use the title Physiotherapist, PT or any abbreviation there of Jennifer Lapierre’s name, PT title and/or registration number cannot be use for billing purposes while the suspension is being served.
The panel also ordered Jennifer Lapierre 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:
As you know, as part of its penalty order, this discipline panel has ordered that you be given a reprimand. Details of the reprimand will appear on the public portion of the register. The reprimand will remain a part of your record with the College.
This panel wishes to advise you that your pattern of behaviour over the six-year period in question will not be tolerated by this profession. Protecting the integrity of the profession demands a zero tolerance of inappropriate business practices, and strict adherence to the standards of the profession.
In order to maintain our status as a self-regulated profession, it is our responsibility to be aware of and adhere to the standards set out by the College of Physiotherapists of Ontario. Your actions have a direct impact on the reputation of profession and undermine public safety.
A loss in confidence from third-party funders could contribute to increased costs or loss of access to physiotherapy care for those who truly need it. By neglecting your duty to supervise physiotherapy assistants, and failure to maintain proper documentation, you put the public at risk of harm.
The panel would like to advise you that any further findings of misconduct could result in a more severe outcome than that which has been imposed here today. The panel does not expect to see you before us again.
You can read the full decision of the Discipline Committee of the College of Physiotherapists of Ontario at: www.canlii.ca