A. UNDER SECTION 38 & 39 OF THE HEALTH PROFESSIONS ACT AND SECTION 67 OF THE CTCMA BYLAWS:
Igor Victor Muntianov
On the direction of Inquiry Committee, the Registrar issued a citation against Mr. Muntianov regarding allegations of unauthorized practice of acupuncture at an outpatient clinic that provided counseling services for addictions. Following a discipline hearing, a panel of the Discipline Committee concluded that Mr. Muntianov had engaged in the unauthorized practice of acupuncture by providing acupuncture without supervision while a student registrant at the clinic and then continuing to practice acupuncture at the clinic following the expiration of his student registration status with the College. The Discipline Committee panel imposed a fine of $10,000 payable forthwith and hearing costs in the amount of $3,742.61.
Mr. Muntianov was enrolled in a TCM program in 2006 and was granted student registration on April 19, 2007. He did not complete the program. Shortly after receiving student registration, Mr. Muntianov presented a proposal to provide acupuncture for detoxification at an outpatient clinic providing counseling for addiction services under the supervision of qualified acupuncturists. The proposal was accepted and the Registrant began practicing acupuncture at the clinic without supervision and continued to do so after his student registration expired in October 2007. He did not charge for his services but began receiving a small stipend after a few months. A client at the clinic who had received acupuncture from Mr. Muntianov learned that he was not a registrant of the College and filed a complaint with the College.
Following an investigation, the Inquiry Committee directed the issuance of a citation. A discipline hearing was convened which Mr. Muntianov did not attend. The Discipline Committee panel concluded that Mr. Muntianov had engaged in the unauthorized practice of acupuncture both while a student registrant and after his student registration expired. The Discipline Committee conducted a written hearing with respect to the appropriate penalty. The Discipline Committee panel concluded that the facts were egregious because Mr. Muntianov practiced without authorization for approximately 18 months treating many people and would have likely continued to engage in the unauthorized practice but for the complaint and the College's intervention. The Discipline Committee concluded that Mr. Muntianov's submissions on penalty did not address the question of his unauthorized practice or demonstrate remorse but rather attacked the credibility of the complainant and others and demonstrated the length to which he would go to deflect criticism of, and responsibility for, his own conduct. The Discipline Committee panel noted that Mr. Muntianov's practice for approximately 18 months without authorization and without adequate training and supervision posed a serious risk to the public.
B. UNDERTAKINGS AND CONSENTS UNDER SECTION 37(1) OF THE HEALTH PROFESSIONS ACT:
June 10, 2010
The Inquiry Committee entered into a consent order with the Registrant under s. 33(6)(c) and 36
of the Health Professions Act in which he undertakes and consents: (a) not to repeat sexual miscon-
duct; (b) to attend for an evaluation to assess his risk for sexually re-offending; (c) to refrain from
treating women or children in a clinical setting without a chaperone present until the Inquiry Committee
is satisfied that he does not pose a risk to his patients; (d) to post a notice in the waiting room of his
clinic indicating that women and children must have a chaperone present; and (e) to reimburse the
College for investigation costs in accordance with the tariff.
In May 2009, an adult step-daughter filed an historical sexual abuse complaint against the Registrant alleging that he had abused her approximately 30 years ago. Similar allegations were made by
another adult step-daughter. The Registrant acknowledged the conduct and advised that he had
sought counselling and that this had taken place many years before he started his medical training
or practice as a Dr. TCM. Although the conduct occurred many years ago, the Inquiry Committee
was concerned that the conduct raised safety issues in the context of the treatment of female patients
and minors. Without a risk assessment, the Inquiry Committee was unable to determine whether the
mere passage of time and/or the counselling that the Registrant had received was sufficient to address
those concerns from a public safety perspective. The Inquiry Committee concluded it was appropriate
to put safeguards in place until it was satisfied that there is no longer any risk.
March 2, 2010
The inquiry Committee accepted a consent order from the Registrant under s. 33 (6)(c) and 36 of the Health Professions Act. Under the terms of the consent order, the Registrant consents to: (a) the immediate cancellation of his registration as a registered acupuncturist with the College; (b) receive a reprimand from the College; (c) refrain from the inappropriate touching of patients; and (d) not seek reinstatement for a period of at least five years from the date of the Consent Order. In the event that the Registrant makes an application for reinstatement at the end of the five year period, he has agreed to the following conditions:
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the requirement to attend , at his cost, for a psychiatric evaluation and such other assessments as the Registration Committee directs by experts appointed by the College to ensure that he does not pose a risk to public safety
- the requirement to successfully complete a skills assessment, at his cost, as directed by the Registration Committee, to ensure that he is competent to return to practice
- the requirement to successfully complete such other courses, at his costs, as directed by the Registration Committee
- consent to the imposition of a condition on his registration, if directed by the Registration Committee, that he will not examine or treat female patients without an adult chaperone present; and
- consent to the imposition of a condition on his registration, if directed by the Registration Committee, that he will post a notice in the reception area of his office or such other place as can be readily viewed by patients entering his office, indicating in English and Chinese that fem ale patients must have an adult chaperone present during examinations or treatments.
The College was notified by the Port Alberni RCMP that the they were conducting a criminal investigation with respect to the Registrant as a result of two complaints of sexual misconduct filed by two of his former female patients. The inquiry Committee initiated an investigation under s. 33(4) of the Health Profession Act. The College subsequently received statements from two further female complainants alleging inappropriate touching by the Registrant during treatments. Criminal charges were not approved. In October, 2009, the Registrant indicated the he was prepared to consent to the cancellation of his registration in response to the Inquiry Committee's investigation. After considering the allegations from the complainants, the Registrant's response and clinical records, the Inquiry Committee determined that it was prepared to accept a consent order under ss. 33(6)(c) and 36 of the Act which would cancel the Registrant's registration for a period of at least five years and address the conditions for reinstatement to ensure public safety in the event that he seeks reinstatement at the expiration of five years because the allegations raised significant public safety concerns and cancellation of the Registrant's registration would adequately address any risk without further delay. The Inquiry Committee determined that the remedial action under the consent order would be similar to the order that the College would seek in a disciplinary hearing.
C. ACTIONS PENDING RESOLUTION
December 21, 2009, Revised January 25, 2010
On December 21, 2009, the Inquiry Committee convened an ex parte hearing and suspended the Registrant's registration pending completion of its investigation into allegations that he had sexually assaulted a patient. The Registrant subsequently made an application to vary the Order proposing that another registrant, an R.TMP supervise his practice at all times. On January 25, 2010, the Inquiry Committee varied the Order to permit the Registrant to practice acupuncture on the following terms:
- he must immediately post a notice in a prominent place in the reception area of his clinic indicating that he is required to practice in the presence of the R.TMP who must be present at all times whenever he sees a patient;
- he must practice acupuncture under the supervision of the R.TMP at all times and must not be in the presence of a patient except with the R.TMP present;
- he or the R.TMP must provide weekly written reports to the College confirming the names and contact information of patients who have attended the Registrant's clinic for consultation and/or treatment in the previous week by noon of each Monday.
The College was notified by the Vancouver Police Department that it had completed a criminal investigation of the Registrant as a result of a complaint of sexual assault filed by a female patient in relation to a treatment received in the fall of 2009. The Registrant was formally charged on December 21, 2009 with one count of sexual assault contrary to s. 271(1) of the Criminal Code. The Registrant was released on an undertaking to appear on conditions that, amongst other things, he refrain from having any contact with the complainant and not be in the presence of a female patient except with an adult third party present. The Inquiry Committee was concerned that additional safeguards were necessary to protect the public because an adult third party chaperone would not be in a position to assess the validity of an explanation that a particular touching is clinically appropriate. On December 21, 2009, the Inquiry Committee suspended the Registrant's registration pending completion of its investigation; however, after receiving the Registrant's proposal to have supervision for his practice by another registrant of the College, the Inquiry Committee varied the Order to permit his continued practice on the terms set out above.
June 4, 2009
The Inquiry Committee has suspended the registration of the Registrant as a Registered Acupuncturist pursuant to section 35(1)(b) of the Health Professions Act during an investigation of his conduct.
On May 20, 2009, the Registrant was charged with sexual assault of a female contrary to s. 271 of the Criminal Code. The sexual assault allegedly occurred on that date. The Registrant was released on $1,000 bail and a condition that he not see patients without an adult chaperone.
In 2007, the Registrant's application for renewal was held in abeyance pending an investigation regarding complaints filed with the College of Naturopathic Physicians of British Columbia ("CNPBC") involving inappropriate sexual behaviour while he was a member of that College. Following its investigation, the Registration Committee of the CTCMA reinstated the Registrant on March 11, 2009 on certain conditions requiring, amongst other things, that he would meet with an inspector at least three times within the next 12 months.
The criminal charge of sexual assault raises serious safety concerns. The Inquiry Committee has commenced an investigation into the Registrant's conduct.
Based on the foregoing, the Inquiry Committee considers that a suspension during its investigation is necessary to protect the public.
The Registrant has the right to appeal this Order.
March 19, 2009
The Inquiry Committee has suspended the registration of the Registrant as a Registered Traditional Chinese Medicine Practitioner (R.TCM.P.) pursuant to section 35(1)(b) of the Health Professions Act during an investigation of his conduct.
On March 13, 2009, the Registrant was charged with one count of sexual assault against a female patient. The alleged sexual assault occurred in March 2009. On March 17, 2009, Crown Counsel advised counsel for the College that two more charges of sexual assault have been approved, relating to an alleged assault on a female patient in December 2008.
On October 6, 2008, the Registrant agreed to a Consent Order under section 36 of the Health Professions Act, arising out of a Complaint in March 2008, that included an allegation of improper touching of two female patients. Under the terms of the Consent Order, the Registrant undertook to refrain from inappropriate touching during treatment of patients.
The Inquiry Committee has commenced an investigation into the Registrant's conduct. Based on the foregoing, the Inquiry Committee considers that a suspension during its investigation is necessary to protect the public. The Registrant has the right to appeal this Order.
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This page was updated on June 23rd, 2010
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