On March 1, 2022, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Tania Anna Mannella to the Discipline Committee for a hearing.
The hearing took place on December 11, 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 December 11, 2023, on the penalty on December 11, 2023, and on costs on December 11, 2023.
After having considered all of the evidence, the panel found Tania Anna Mannella 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 profession when 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 a record);
- 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 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 41 (failing to supervise in accordance with the standards of practice of the profession).
Penalty
The panel ordered the following penalty, Tania Anna Mannella will:
- Receive a reprimand at the conclusion of the hearing (delivered on December 11, 2023)
- Serve a twelve (12) month suspension, which could be extended if certain requirements are not met
- Review a list of standards and resources
- Successfully complete the PROBE course offered through CPEP
- Participate in practice enhancement coaching
While Tania Anna Mannella is serving the suspension, they cannot practice as a physiotherapy assistance (PTA) or use the title Physiotherapist, PT or any abbreviation there of Tania Anna Mannella’s name, PT title and/or registration number cannot be use for billing purposes while the suspension is being served.
The panel also ordered Tania Anna Mannella to pay costs to the College in the amount of $10,000 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:
Ms. Mannella, as you know, part of the penalty order that this discipline panel has ordered is that you be given an oral reprimand. The fact that you received this reprimand will be a part of the public portion of the register, and as such, part of your record
This panel has found that your behaviour constituted serious misconduct, and this sort of conduct will not be tolerated by the profession. Practising physiotherapy is a privilege, not a right. While serving your suspension, it is the expectation that you will reflect on this fact
As a profession, we must maintain the confidence of the public, as well as all the involved stakeholders, such as third-party funders. Your conduct shows utter disregard for the College standard, undermines the public trust, and brings disrepute to the profession as a whole
Moreover, a loss in confidence from third-party funders could contribute to a loss in access of physiotherapy care from those who truly need it. In your case, you knowingly engaged and participated in fraudulent conduct with the insurer. It is concerning for this panel that you are the owner of a practice. Your position as a leader requires that you lead by example. At all times, your conduct must include a strict adherence to the standards of the practice of the profession.
The panel is disappointed that you chose the path that you did and hopes that you will learn to appreciate the responsibility and privilege bestowed upon you as a physiotherapist. As a physiotherapist, it is incumbent upon you to maintain the standards of the profession, particularly in matters of conflict of interest, record keeping and the billing standards of practice.
We appreciate the fact that you have acknowledged your professional misconduct, and it is the panel’s expectation that you will follow through with the recommended remediation and return to practice with an understanding of your obligations as a registered health professional. We do not expect to see you in front of a discipline panel in the future.
You can read the full decision of the Discipline Committee of the College of Physiotherapists of Ontario at: www.canlii.ca