On December 10, 2018 the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Michael Poling to the Discipline Committee for a hearing.
The hearing took place on March 2, 2020. This matter was resolved by way of an Agreed Statement of Facts and a Joint Submission on Penalty.
Finding
The Discipline Committee issued a decision on the finding on March 2, 2020, on penalty on March 2, 2020 and on costs on March 2, 2020.
After having considered all of the evidence, a panel of the Discipline Committee found Michael Poling to have committed the following acts of professional misconduct:
- Paragraph 2 (Reg 861/93) and Paragraph 1 (Reg 388/08)(failing to maintain the standards of the profession);
- Paragraph 8 (Reg 861/93) and Paragraph 5 (Reg 388/08)(practicing the profession while the Registrant is in a conflict of interest);
- Paragraph 13 (Reg 861/93) and Paragraph 26 (Reg 388/08)(failing to keep records in accordance with the standards of practice of the profession);
- Paragraph 16 (Reg 861/93) and Paragraph 28 (Reg 388/08)(signing or issuing a document that the Registrant knows or ought to know contains a false or misleading statement);
- Paragraph 18 (Reg 861/93) and Paragraph 32 (Reg 388/08)(submitting an account or charge for services that the Registrant knows or ought to know is false or misleading);
- Paragraph 24 (Reg 861/93) and Paragraph 15 (Reg 388/08) (contravening a provincial law relevant to the member’s suitability to practice the profession);
- Paragraph 25 (Reg 861/93) and Paragraph 18 (Reg 388/08)(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 Registrants as disgraceful, dishonourable or unprofessional);
- Paragraph 33 (Reg 388/08) (failing to take reasonable steps to ensure that any accounts submitted in the member’s name or billing number are fair and accurate).
Penalty
The panel of the Discipline Committee ordered the following penalty. That Mr. Poling:
- Receive a reprimand at the conclusion of the hearing (delivered on March 2, 2020)
- Serve a suspension for the period of March 18, 2020 through to an including September 18, 2020. The suspension could be extended if Mr. Poling is unable to complete the remaining requirements
- Complete a review of various College standards, tools and resources
- Meet with a practice coach on two occasions
- Successfully complete the PROBE program
- Not work as a PTA while serving his suspension
The Committee also ordered Michael Poling to pay costs to the College in the amount of $8,000 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 professional misconduct. This sort of misconduct cannot be tolerated by the profession. Your actions have negatively affected the reputation of the physiotherapy profession, and actions such as these undermine public confidence.
The public interest depends on the integrity of the profession and protecting the integrity of the profession demands a zero tolerance of inappropriate business practices. We would expect the strictest adherence to College standards, particularly by a PT who is also a clinic owner. We expect that, going forward, your practice will uphold the standards of the profession, and that we will not find you before a panel of the Discipline Committee in the future.
Status
The physiotherapist is working on completing the following requirements of the order as outlined by the panel of the Discipline Committee:
- The suspension
- The review of the College standards, tools and resources
- The meetings with the practice coach
- The PROBE program
You can read the full decision of the Discipline Committee of the College of Physiotherapists of Ontario at: www.canlii.ca