On October 23, 2018, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Kang-Ming (Johnny) Cheung to the Discipline Committee for a hearing. The hearing was held on September 24, 2019. Decisions of the Discipline Committee are posted on Canlii (www.canlii.org).
Overview of the Allegations
The allegations refer to the following headings of professional misconduct:
- At all materials times, Kang-Ming (Johnny) Cheung (Mr. Cheung) was a registered member of the College.
- During the period January 1, 2012 and August 31, 2017, Mr. Cheung engaged in professional misconduct within the meaning of the following paragraphs of section 1 of the Professional Misconduct Regulation, O. Reg. 388/08:
- paragraph 1 (failing to maintain the standards 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 27 (falsifying a record);
- 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); 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).
Finding
At the conclusion of the hearing the panel found that Mr. Cheung had committed several acts of professional misconduct and they ordered the following penalty:
- Requiring the Mr. Cheung to be reprimanded by the panel of the Discipline Committee at the conclusion of the hearing
- Directing the Registrar to suspend the Mr. Cheung’s certificate of registration for a period of ten months, with five months of the suspension to be remitted provided the Member completes outlined remediation activities.
- Mr. Cheung cannot practice as a physiotherapist assistant (PTA) during the period of the served suspension
- Mr Cheung is required to complete the ProBe ethics program and a standards review
- Mr Cheung is subject to a practice assessment, practice enhancement coaching and random re-assessments
Mr. Cheung is required to pay costs to the College in the amount of $8,000.00
You can read the full decision of the Discipline Committee of the College of Physiotherapists of Ontario at: www.canlii.ca