On December 7, 2017, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Boanerges Jehoshaphat (« BJ ») Roxon to the Discipline Committee for a hearing. This matter was heard on December 6 2018, March 25 2019 and September 9 & 10, 2019.
Overview of the Allegations
- At all material times Boanerges Jehoshaphat (“BJ”) Roxon was a registered member of the College.
- During the period of August 1, 2007 to July 31, 2008, Mr. Roxon engaged in professional misconduct within the meaning of the following paragraphs of section 1 of the Professional Misconduct Regulation, 0. Reg. 861/93:
- paragraph 2 (failing to maintain the standards of the profession);
- paragraph 23 (performing an act or making an omission inconsistent with the Physiotherapy Act 1991, the Regulated Health Professions Act, 1991, or the regulations under either of these acts); and
- paragraph 25 (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)
- During the period of August 1, 2007 to July 31, 2008, the Member committed an act of professional misconduct under ss. 1(3), 1(4) and s.51(1)(b.1) of the Health Professions Procedural Code, being Schedule 2 to the Regulated Health Professions Act, 1991, S.O. 1991, c.18 (the “Code”).
Penalty
At the conclusion of the hearing the panel found that Mr. Roxon had committed several acts of professional misconduct. The College withdrew allegations related to paragraphs 23 and ss. 1(3), 1(4) and s.51(1) (b.1) of the Health Professions Procedural Code. The panel ordered the following penalty:
- A reprimand
- A suspension of two months. If remedial activities are not successfully completed within the required timelines, the suspension will continue until such time as they are successfully completed.
- Successful completion of the PROBE Ethics program
- Successful completion of research, ethics and boundaries training.
- During his suspension, Mr. Roxon may only practice as a physiotherapy assistant under the supervision of an approved College registrant.
- Mr. Roxon shall not supervise physiotherapy students or physiotherapists who hold a Provisional Practice Certificate until successful completion of the ProBe Ethics program and his training in research, ethics and boundaries.
Mr. Roxon is required to pay costs to the College in the amount of $18, 000.
As a part of the penalty the panel also issued an oral reprimand which read:
Mr. Roxon, the panel finds that your behaviour constituted serious misconduct and is deeply troubled by the profound lack of judgment that you have demonstrated both as a clinical physiotherapist and as someone with an interest in clinical research. Your role as a senior clinician and mentor to new physiotherapists allows you to influence the practice of other physiotherapists. Because of this, it is imperative that your actions fully meet the standards of the profession at all times.
Clinical research is essential to improving our profession and enhancing the benefits provided to the public. The act of inappropriately attaining clinical data, involving individuals without appropriate consent, ethical oversight or appropriate consideration for patient privacy, either for research purposes or otherwise, lowers the public’s confidence in the legitimacy of the profession and all the research that supports the profession as well.
Actions such as yours are harmful to the public, harm the public’s perception of the profession and will not be tolerated. We now live in a digital age. The ramifications of your actions, taking photographs in the manner that you did, could have had a much more severe and life-changing implication for your patient. You now have to live with the fact that you have seriously harmed a person, and that is the antithesis of the role of a physiotherapist.
The panel expects that during your remediation there will be significant reflection on the serious way the misconduct that you have performed has impacted this patient. You allowed your interest to be put before those of your patient. This must not ever happen again.
The panel expects that you will put your full efforts into your remediation and that you will not find yourself before a panel of the Discipline Committee again. However, should any matter of a similar nature come before a panel in the future, this finding and reprimand should weigh heavily on the matter of penalty.
You can read the full decision of the Discipline Committee of the College of Physiotherapists of Ontario at: www.canlii.org