On October 3, 2022, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Katherine Yardley to the Discipline Committee for a hearing.
The hearing took place on June 16, 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 16, 2023, on the penalty on June 16, 2023 and on costs on June 16, 2023.
After having considered all of the evidence, the panel found Katherine Yardley 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 of the profession as disgraceful, dishonourable or unprofessional);
- 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 and 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, Katherine Yardley will:
- Receive a reprimand at the conclusion of the hearing (delivered on June 16, 2023)
- Serve an eight-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
Katherine Yardley cannot practice as a physiotherapy assistant (PTA) while serving the suspension.
While Katherine Yardley is serving the suspension, they cannot use the title Physiotherapist, PT or any abbreviation there of Katherine Yardley’s name, PT title and/or registration number cannot be use for billing purposes while the suspension is being served.
The panel also ordered Katherine Yardley to pay costs to the College in the amount of $5,250 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:
Your actions constitute serious and most objectionable misconduct and this Panel wishes to advise you that your behaviour will not be tolerated by this profession. Protecting the integrity of the profession demands a zero tolerance of inappropriate business practices.
As a profession, we must maintain the confidence of the public, as well as all involved stakeholders such as third-party funders. Your conduct shows utter disregard for the College standards, undermines public trust and brings disrepute to the profession as a whole.
Finally, it is very concerning for this panel that you are the owner of a practice. Your position as a leader requires that you to lead by example. At all times your conduct must include strict adherence to the standards of practice of the profession. The panel is grossly disappointed that you chose the path that you did and hopes that you learn to appreciate the responsibility and privilege bestowed upon you as a Physiotherapist.
We do not expect to see you appear before a panel of this College again. And, I’m sure you will understand that, should you reappear for similar conduct, the consequences will be most serious. Govern yourself accordingly.
You can read the full decision of the Discipline Committee of the College of Physiotherapists of Ontario at: www.canlii.ca