Effective date: May 15, 2023

Name of registrant:  Su Lan (Mary) Lee, R.Ac.

Location of practice: Sechelt, BC

On November 17, 2022, pursuant to s. 39(1)(c) of the Health Professions Act, RSBC 1996, c. 183 (the “HPA”), the Discipline Committee Panel determined that Ms. Su Lan (Mary) Lee (the “Respondent”) engaged in professional misconduct by:

a) Breaching a consent order she executed on or about February 27, 2012 (the “2012 Consent Order”) by continuing to provide blood-letting to two patients after having undertaken not to repeat the conduct of blood-letting in her practice at paragraph 3 of the 2012 Consent Order;

b) Contravening Standard 2.8 of the College’s Standards of Practice for Registrants and the Clinical Record Keeping Practice Standard by failing to keep proper clinical records for two patients; and

c) Contravening an order imposed by the College’s Inquiry Committee on November 4, 2021, pursuant to section 35 of the HPA, by engaging in the unauthorized practice of traditional Chinese medicine and/or acupuncture while her registration was suspended.

Subsequently, after considering submissions from the Respondent and from the College regarding action to be taken under s. 39 of the HPA, the Panel issued an order and reasons on penalty and costs dated May 15, 2023. 

Reason for Action:

The Panel determined that the Respondent committed professional misconduct by breaching the 2012 Consent Order, contravening the College’s standards of practice for record keeping, and contravening the Section 35 Order by engaging in unauthorized practice while her registration was suspended.

The Panel concluded that the Respondent’s repeated non-compliance with the College’s orders indicated that she did not accept the regulatory role of the College and considers herself able to breach orders made regarding her practice when it is in her interest to do so. The Panel observed that the Respondent did not identify any health or other issues to explain her conduct, nor did she meaningfully acknowledge this conduct or take steps to remediate.

The Panel concluded that the Respondent is ungovernable, and that further orders or conditions on her registration would not be effective. The Panel was satisfied that the Respondent’s conduct constituted serious misconduct that required the cancellation of her registration. The Panel also considered it appropriate to require the Respondent to complete remediation before being eligible for reinstatement, given concerns regarding her record-keeping and her failure to comply with the College’s standards. 

Penalty:

Following the penalty hearing, the Panel imposed the following penalties under s. 39(2) of the HPA:

a) The Respondent’s registration is cancelled as of the date of the Panel’s order;

b) The Respondent is not eligible to apply for reinstatement of her registration until May 15, 2028;

c) The Respondent is not eligible to apply for reinstatement of her registration until she has successfully completed the following:

I  “Medical Record Keeping Seminar”, presented by the Center for Personalized Education for Professionals and “Clinical Record Keeping for TCM Professionals”, presented by Eastern Currents; or

II  Alternative course or courses related to medical record-keeping that are approved in advance by the Registrar of the College; and

d) The Respondent must pay costs to the College in the amount of $13,847.07.

For greater certainty, the Panel made clear that the conditions on the Respondent’s eligibility for reinstatement, as set out in paragraph (b) and (c) above, were in addition to all requirements set out in the College Bylaws, and the Respondent’s eligibility for reinstatement remains at the discretion of the Registration Committee in accordance with section 20 of the HPA or equivalent sections in the Health Professions and Occupations Act (or other successor legislation) at the time the application is made.

Nature of action taken:

On November 17, 2022, pursuant to s. 39(1)(c) of the Health Professions Act, RSBC 1996, c. 183 (the “HPA”), the Discipline Committee Panel determined that Ms. Su Lan (Mary) Lee engaged in professional misconduct by:

a) Breaching a consent order she executed on or about February 27, 2012 (the “2012 Consent Order”) by continuing to provide blood-letting to two patients after having undertaken not to repeat the conduct of blood-letting in her practice at paragraph 3 of the 2012 Consent Order.

b) Contravening Standard 2.8 of the College’s Standards of Practice for Registrants and the Clinical Record Keeping Practice Standard by failing to keep proper clinical records for two patients; and

c) Contravening an order imposed by the College’s Inquiry Committee on November 4, 2021, pursuant to section 35 of the HPA, by engaging in the unauthorized practice of traditional Chinese medicine and/or acupuncture while her registration was suspended.

The Panel set a schedule for written submissions on penalty and costs.

Reasons for action:

The Panel was satisfied that the Respondent committed professional misconduct by providing blood-letting to two patients in breach of the terms of the 2012 Consent Order, failing to maintain and secure proper clinical records during her treatment relationship with those patients, and breaching the Section 35 Order by continuing to engage in the unauthorized practice of traditional Chinese medicine and/or acupuncture while her registration was suspended.

Nature of action:

The Inquiry Committee of the College of Traditional Chinese Medicine and Practitioners of British Columbia (the “College”) investigated the conduct of Dr. Jaewon Jeon, pursuant to section 33(1) of the Health Professions Act, RSBC 1996, c.183 (the “Act”).

The Inquiry Committee and Dr. Jeon have agreed to resolve all matters arising from this investigation by way of a Consent Order under sections33(6)(c) and 36(1) ) of the Act.

Effective date: August 31, 2021

Name of registrant:  Jaewon Jeon, Dr. TCM

Location of practice: Vancouver, BC

Reasons for action taken:

Based on its review of the material gathered during the investigation, the Inquiry Committee was concerned that the Registrant violated the College’s Code of Ethics and standards of practice by entering into an inappropriate personal relationship with a patient. The Inquiry Committee considered that clinical relationships, like that between the Registrant and the patient, are based on trust and inherent in such relationships is a fundamental power imbalance. The Registrant was required to recognize and navigate that relationship with her sole interest being the best interests of the patient.

Action taken:

The Registrant agreed to enter into a Consent Agreement  under sections 36(1)(a)-(d) of the Act which included the following terms, among others:

1. The Registrant consents to a reprimand for failing to maintain clear and professional boundaries with a patient; 

2. The Registrant undertakes not to repeat the conduct of failing to maintain clear and professional boundaries with a patient;

3. The Registrant consents to a one (1) month suspension of her practice of traditional Chinese medicine and acupuncture;

4. The Registrant consents and undertakes to complete the Professional/Problem Based Ethics (PROBE) Program at her cost within 12 months and obtain an unconditional pass. If the Registrant fails to obtain an unconditional pass, the Registrant consents and undertakes to complete such further courses on professional ethics at her cost as directed by the College Registrar;
5. The Registrant consents to the payment of a fine of $10,000.00;
6. The Registrant consents and undertakes to pay the sum of $640.00 towards the College’s costs of investigation;
7. The Registrant acknowledges and agrees that the Consent Order relates to a “serious matter” as defined in the Act, which requires this public notification to be posted by the College under section39.3 of the Act.

Description of action taken:

On November 18, 2019, the College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia (the “College”) posted a public notice of practice conditions agreed to by Myung June Kim (the “Registrant”) pending its investigation of a complaint from a female patient alleging sexual misconduct that was also under criminal investigation by the police.

The College held its investigation of the complaint in abeyance pending the conclusion of the criminal proceedings.

On March 29, 2021, the College was advised by the Registrant that the criminal matter was resolved on March 2, 2021 pursuant to section 810 of the Criminal Code, by way of a Recognizance after Allegation or a Peace Bond, which does not result in a criminal record nor required the Registrant to make any admissions regarding the alleged conduct.  The Registrant further advised the College of his intention to resign his registration with the College and not seek re-application with the College or any College in any other jurisdiction within Canada.

The Inquiry Committee determined under section 36(1)(d) of the Health Professions Act, RSBC 1996 c.183 (the “Act) to seek an consent under with terms that would ensure the Registrant would no longer be registered and would not seek registration with the College in the future.

Reasons for action taken:

The Inquiry Committee determined that this was an appropriate case to seek a consent order without investigation or findings by the College because:

1. The Registrant agreed to resign his registration and not seek registration with the College or any other College in any other jurisdiction within Canada, and

2. The complaint contained allegations that, if admitted or proven, posed a risk to the public and would constitute a “serious matter” which would ordinarily result in an order being made under section 39 of the Act.

Action taken:

The Inquiry Committee requested, and the Registrant agreed to provide an undertaking and consent under section 36(1)(d) of the Act to:

1. Irrevocably resign as a Registrant of the College effective March 31, 2021; and

2. Not reapply for registration with the College or apply for registration to practice traditional Chinese medicine in any other jurisdiction in Canada; and

3. Publication of the terms of the agreement by the College.

Date of action:  March 8, 2021

Description of action taken:

On December 17, 2020, the College of Traditional Chinese Medicine Practitioners and Acupuncturists (the “College”) received a letter from the Ministry of Health, Audit Investigations Branch (the “Ministry”), enclosing an Audit Hearing Order to Repay (the “Order”) relating to Yu Heng Sun, a registrant of the College (the “Registrant”).  The Ministry advised that the Medical Services Commission (the “Commission”) made the Order under section 37(1) of the Medicare Protection Act, R.S.B.C. 1996, c. 286, respecting the Registrant on February 5, 2018. Where the Commission makes such an order, it is required to advise the appropriate licensing or disciplinary body, in this circumstance the College.

The Order required the Registrant to repay $200,000 to the Commission for acupuncture services improperly billed to the Medical Services Plan between January 1, 2011 and December 31, 2015, the costs of the audit of the Registrant’s practice and various other surcharges and interest. The Commission also cancelled the Registrant’s enrollment under s. 13 of the Medicare Protection Act, effective immediately, and prohibiting the Registrant from applying for enrollment again.

The Inquiry Committee initiated an investigation under s. 33(4) of the Health Professions Act, R.S.B.C. 1996, c. 183 (the “Act”), in response to the information provided by the Ministry.

Based on a review of the materials provided by the Ministry and the Registrant, the Inquiry Committee was concerned that the Registrant: (a) failed to maintain complete clinical records for his patients; (b) billed MSP for services he could not substantiate; (c) billed MSP with insufficient evidence to support that claimed acupuncture treatments were provided for the period January 1, 2011 to December 31, 2015; and (d) misused the reserved title of doctor (Dr.).

On March 8, 2021, the Registrant agreed to give his undertaking and consent to the following for the purposes of addressing the concerns identified in the investigation:

1. The Registrant consents to a reprimand in relation to his professional misconduct with respect to improper billing of MSP.

2. The Registrant undertakes not to repeat the conduct of: (a) failing to maintain accurate and complete clinical records; (b) improper billing of acupuncture treatments to third parties; and (c) misuse of the Dr. (doctor) title.

3. The Registrant undertakes to remove references to the ‘Doctor’ title, the ‘Doctor of Traditional Chinese Medicine’ title, the ‘Dr.TCM’ title or any similar title from his marketing materials, and to refrain from using those titles in his professional practice as a traditional Chinese medicine practitioner until such time as he is authorized to do so under the Act.

4. The Registrant consents and undertakes to complete the Professional/Problem Based Ethics (PROBE) Program at his cost within 12 months of the Consent Order.

5. The Registrant consents and undertakes to complete the CPEP Medical Record Keeping Seminar at his own cost within 12 months of the date of the Consent Order.

6. The Registrant consents to the payment of a fine of $30,000.00 (thirty thousand dollars) for his professional misconduct, payable within ninety (90) days of the date of the Consent Order.
7. The Registrant consents to random chart audits by an inspector appointed by the Inquiry Committee for a period of one year commencing on the date of the Consent Order, for the purposes of ensuring that he is adhering to proper standards of practice and completing proper clinical and billing documentation and complying with the terms of the Consent Order.

Date of action:  October 27, 2020

Description of action taken:

Following an investigation, the Inquiry Committee directed the issuance of a citation for a discipline hearing alleging that the Registrant engaged in improper financial conduct, failed to maintain professional boundaries, removed client’s property without authorization to do so, exceeded his scope of practice, and failed to maintain and secure proper clinical records.

On October 27, 2020, the Inquiry Committee received and accepted a proposal under s. 37.1(2) of the Health Professions Act to resolve the case and directed the Registrar to cancel the citation. Under the terms of the s. 37.1(2) order:

1. The Registrant admits the following allegations: (a) he failed to maintain professional boundaries by accepting gifts, including an engagement ring, and financial assistance with his engagement party from a client; (b) he engaged in unethical conduct and failed to maintain professional boundaries by entering into a retroactive 30-year contract with the client to operate a wellness centre on the client’s property; (c) he failed to maintain professional boundaries when he inquired with the lawyer for the client’s estate whether the client had made provision for the wellness centre in her will; (d) he engaged in improper financial conduct by failing to provide itemized accounts to the client or the client’s representative in a reasonable time or at all; (e) he engaged in improper financial conduct and unethical conduct for his own financial gain by charging the client excessive professional fees even though the client agreed to pay the fees charged; (f) he unlawfully removed merchandise paid for by the client from the client’s property, including an ultrasound unit, without authorization from the executor of the client’s estate; (g) he exceeded his scope of practice by facilitating the use of Oxycodone and providing intravenous and intramuscular injections to the client containing various substances; (h) he advised the College-appointed inspector that he had received training from a specific doctor regarding the administration of IV injections when he had not; (i) he was unable to produce clinical records for the client for the period July to December 2016; and (j) he misrepresented himself as a doctor in his email address and referred to himself as a “personal physician” when he was not registered as a Dr. TCM or licensed to practice medicine.

2. The Registrant acknowledges that the above conduct constitutes professional misconduct and unethical conduct and undertakes not to repeat the conduct.

3. The Registrant consents to a reprimand for engaging in professional misconduct and unethical conduct.

4. The Registrant consents to a six-month suspension of his practice of acupuncture as defined in the Traditional Chinese Medicine Practitioners and Acupuncturists Regulation, B.C. Reg. 290/2008 with two months to be stayed if he successfully completes the requirements paras. 7 to 9 of the s. 37.1 order.

5. The Registrant consents and undertakes to resign his position as an elected member of the College Board and to not seek re-election to the Board for a period of seven years.

6. The Registrant consents and undertakes to complete the Professional/Problem Based Ethics (“PROBE”) Program at his cost within 12 months of the s. 37.1 order and to obtain an unconditional pass to be confirmed in a report provided by the PROBE Program directly to the College and acknowledges that he cannot return to practice until such time as he obtains an unconditional pass even if the suspension of his registration has expired.

7. The Registrant consents and undertakes to complete the CPEP Medical Record Keeping Seminar at his own cost within 12 months of the date of the s. 37.1 order and to provide confirmation of completion of the course to the College within 30 days of completing it.

8. The Respondent agrees to return the ultrasound unit to the client’s estate and to reimburse the client’s estate a total of $1,000 within seven months of the date of the s. 37.1 order.

9. The Registrant consents to pay the College’s investigative costs of $4,491.06 in accordance with Schedule J of the College’s bylaws within seven months of the date of the s. 37.1 order.

10. The Registrant acknowledges that a contravention of any term of the s. 37.1 order constitutes professional misconduct and that the order will be disclosed to the Inquiry Committee and the Discipline Committee in any future proceedings following consideration by those committees of the merits of any future complaint.

11. The Registrant acknowledges that the s. 37.1 order is considered to be an order of the Discipline Committee made under s. 39 of the Act.

Reasons for action taken:

Having determined that a discipline hearing was necessary because of the serious nature of the alleged misconduct, the Inquiry Committee recognized that the Registrant acknowledged his professional misconduct and unethical conduct and agreed to extensive terms which included a lengthy suspension from practice. The Inquiry Committee concluded that the terms contained in the s. 37.1 order reflected the type of sanctions that the College would seek at a discipline hearing.

The Inquiry Committee was satisfied that the terms of the s. 37.1 order are sufficiently punitive, will achieve specific and general deterrence of the conduct in issue, and protect the public by requiring the Registrant to undertake an intensive ethics program before returning to practice in addition to other education.

Date of action:  October 8, 2020

Description of action taken:

On September 28, 2020, the CTCMA received a complaint from a female patient alleging professional misconduct by the Registrant. On September 28, 2020, the CTCMA also received notification from the police regarding the same conduct and that a criminal investigation was underway. The complaint and police notification were referred to the Inquiry Committee for investigation.

As the nature of the alleged conduct raises significant public safety concerns, the Inquiry Committee considered extraordinary action pending the outcome of the investigation to protect the public. The Registrant agreed to provide an undertaking with the following terms which will remain in place during the Inquiry Committee’s investigation and pending any discipline proceeding:

1. The Registrant consents to a suspension of his registration with the CTCMA effective as of the date of the Undertaking and Consent Agreement, such suspension to remain in place until the Inquiry Committee has made a disposition decision under s. 33(6) of the Act.

2. The Registrant acknowledges that he cannot perform acupuncture or provide traditional Chinese medicine services (“regulated services”) during the period of suspension outlined in paragraph 1.

3. The Registrant acknowledges that he cannot identify himself or otherwise hold himself out as a current registrant in good standing with the CTMCA, or use his registration with the CTCMA in any advertising or marketing of any non-regulated services which he provides to the public.

4. The Registrant consents and undertakes to remove any reference to his registration with the CTCMA from his letterhead, brochures, website and any other marketing or professional materials which he uses in connection with the provision of non-regulated services to the public.

5. The Registrant acknowledges that a contravention of any term of the Undertaking and Consent Agreement constitutes professional misconduct and may lead to the issuance of a citation.

Reasons for action taken:

To address the Inquiry Committee’s public protection concerns, the Registrant provided his Undertaking and Consent Agreement with terms to protect the public pending the completion of the investigation.

Date of action:  September 25, 2020

Description of action taken:

On June 5, 2018, the CTCMA initiated an investigation under s.33 of the Health Professions Act, R.S.B.C. 1996, c. 183 (the “Act”) in response to a complaint against Gang Shen (the “Registrant”) regarding the traditional Chinese medicine treatments the Registrant provided the Complainant from 2015 to 2016. The Complainant alleged, amongst other things, that the Registrant’s clinical practices were harmful and dangerous, particularly for vulnerable terminally ill individuals seeking the advice of alternative practitioners. The Complainant further alleged that the Registrant is incompetent, made false and deceptive representations and promises, exploits patients for personal advantage, and uses the Dr. title without authority to do so.  Following its investigation, the Inquiry Committee determined under s.33(6)(c) of the Act to seek a consent order under s.36 of the Act with terms that would ensure that the Registrant did not repeat the conduct.

Reasons for action taken:

Based on its review of the material gathered during the investigation, the Inquiry Committee was concerned that the Registrant: (a) failed to comply with appropriate clinical record-keeping practices as they relate to the collection, maintenance, disclosure and retention of clinical records; (b) failed to obtain and/or record appropriate informed consent at the onset of treatment and failed to update the consent as treatment progressed; (c) misused the Dr. (doctor) title;  (d) failed to  advise the Complainant to consult a medical practitioner or doctor of traditional Chinese medicine if there was no improvement in the condition for which she was being treated within two months of receiving treatment;  (e) engaged in inappropriate and unprofessional communications with the Complainant, including: (i) making false claims that he could ‘cure all diseases’ and recommending against conventional Western therapies such as Western medicine, surgery, and dialysis; (ii) providing potentially harmful and dangerous therapies such as  “salt-fasting”, “fruit-fasting”, “vegetable-fasting” and “grain diet” with the false claim that they can convert a “diseased body” to a “healthy body” ; and (iii) failing to advise her that herbal medicines could interact with drugs and produce  serious side effects, or may be unsafe for individuals with certain medical conditions.

Action taken:

On September 25, 2020, the Registrant agreed to give his undertaking and consent to the following for the purposes of addressing the concerns identified in the investigation::

1. The Registrant undertakes not to repeat the conduct of failing to comply with appropriate clinical record-keeping practices as they relate to the collection, maintenance, disclosure and retention of clinical records and failing to obtain and/or record appropriate informed consent at the onset of treatment and updated consent as treatment progresses.

2. The Registrant undertakes to remove references to the ‘Doctor’ title, the ‘Doctor of Traditional Chinese Medicine’ title, the ‘Dr.TCM’ title or any similar title from his  marketing materials, and to refrain from using those titles in his professional practice as a traditional Chinese medicine practitioner until such time as he is authorized to do so under the Act.

3. The Registrant undertakes not to repeat the conduct of failing to comply with the directives contained in the Safety Program Handbook and specially to advise patients of the possible side effects of herbal medicines with western medications.

4. The Registrant undertakes not to counsel or advise patients to discontinue medications prescribed by their western medical doctors and specifically not to counsel or advise patients suffering from kidney disease to discontinue their western medicine treatments.

5. The Registrant undertakes not to repeat the conduct of making false and dangerous claims to his patients that he is able to ‘cure all diseases’ and/or to recommend against conventional Western therapies such as Western medicine and dialysis.

6. The Registrant undertakes not to recommend potentially harmful and dangerous therapies such as  “salt-fasting”, “fruit-fasting”, “vegetable-fasting” and “grain diet” and not to make false claims that they can convert a “diseased body” to a “healthy body”.
7. The Registrant undertakes not to repeat the conduct of failing to consult a medical practitioner or doctor of traditional Chinese medicine when there is no improvement in the condition for which a patient is being treated within two months of receiving treatment.
8. The Registrant undertakes and consents to provide a letter of apology to the Complainant expressing regret for the distress and discomfort that he caused to her.
9. The Registrant undertakes to provide partial reimbursement of the cost of treatment that he charged the Complainant.
10. The Registrant consents and agrees to a 30-day suspension of his practice commencing on the date of the Consent Order.
11. The Registrant consents and undertakes to complete the Professional/Problem Based Ethics (PROBE) Program at his own cost.
12. The Registrant consents and undertakes to complete the CPEP Medical Record Keeping Seminar at his own cost.
13. The Registrant consents to random spot audits by an inspector appointed by the Inquiry Committee at any time during the three (3) year period following expiration of his suspension and return to practice, to review his clinical records for the purposes of ensuring that he is adhering to proper standards of practice and completing proper clinical documentation.
14. The Registrant consents and undertakes to pay the College’s costs of investigation as calculated in accordance with the tariff of costs established under s. 19(1)(v.1) of the Act.
15. The Registrant consents to the payment of a fine for his professional misconduct.

Date of action:  August 18, 2020

Description of action taken:

On January 17, 2017, the College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia (the “College”) received a complaint against Jun Hua (Davy) Zhu (the “Registrant”) regarding acupuncture treatments, herbal therapy treatments and other treatments the Registrant provided the Complainant from 2015 to 2016.  The Complainant also reported that the Registrant provided acupuncture and herbal treatment to the Complainant’s dog in 2014.  The Complainant alleged that the Registrant had, among other things, charged  excessive fees, advised the Complainant that she may suddenly become paralyzed and die due to a neck injury suffered in 2015, and used scare tactics to encourage her to spend more money at his clinic.

The Inquiry Committee appointed an inspector to assist with the investigation.  The inspector provided a report which included, among other things, evidence that the Registrant failed to provide any records including appointment records, clinical treatment records or billing records and claimed that he lost the memory stick which the records were stored on.

Based on its review of the material filed by the parties and the inspector’s report, the Inquiry Committee was concerned that the Registrant:  (a) failed to comply with appropriate clinical record-keeping practices as they relate to the collection, maintenance, disclosure and retention of clinical records; (b) failed to obtain and/or record appropriate informed consent at the onset of treatment and failed to update the consent as treatment progressed; (c) failed to comply with the Safety Handbook regarding dispensing herbs, either over-the-counter or otherwise; (d) provided B12 injection therapy to a patient which was beyond proper scope of practice and did so without appropriate professional liability insurance coverage in place; (e) failed to put the best interests of his patient first by charging excessive or unreasonable fees; (f) failed to provide detailed receipts for herbal remedies and other additional treatments to the Complainant; (g) engaged in inappropriate and unprofessional communications with the Complainant, including: (i) advising her to put her affairs in order in case she suddenly dies; (ii) advising her that he was the only treatment provider who could assist her; (iii) advising her that she was required to take “special” herbs for the rest of her life; and (iv) encouraging her to take on debt to pay for continuing treatments; (v) failing to communicate a treatment plan with the Complainant, including refusing to respond to requests for information on the herbal prescriptions being provided by the Registrant; and (vi) providing treatment to the Complainant’s family dog. 

On August 18, 2020, the Registrant agreed to give his undertaking and consent to the following for the purposes of addressing the concerns identified in the investigation:

1. The Registrant undertakes not to repeat the conduct of failing to comply with appropriate clinical record-keeping practices as they relate to the collection, maintenance, disclosure and retention of clinical records; failing to obtain and/or record appropriate informed consent at the onset of treatment and failed to update the consent as treatment progressed; failing to comply with the Safety Handbook regarding dispensing herbs, either over-the-counter or otherwise;  providing B12 injection therapy to a patient which was beyond proper scope of practice and did so without appropriate professional liability insurance coverage in place; failing to put the best interests of his patient first by charging excessive or unreasonable fees; failing to provide detailed receipts for herbal remedies and other additional treatments to the Complainant;  engaging in inappropriate and unprofessional communications with the Complainant, including: (i) advising her to put her affairs in order in case she suddenly dies; (ii) advising her that he was the only treatment provider who could assist her; (iii) advising her that she was required to take “special” herbs for the rest of her life; and (iv) encouraging her to take on debt to pay for continuing treatments; (v) failing to communicate with the Complainant regarding her treatment plan, including refusing to respond to requests for information on the herbal prescriptions being provided by the Registrant; and (vi) providing treatment to the Complainant’s family dog.

2. The Registrant consents and agrees to a 30-day suspension of his practice of traditional Chinese medicine and acupuncture as defined in the Traditional Chinese Medicine Practitioners and Acupuncturists Regulation, BC Reg 290/2008, commencing on the date of this Consent Order.

3. The Registrant undertakes to provide partial reimbursement of the cost of treating the family dog and the excessive costs of treatment and herbs that he charged the Complainant.

4. The Registrant consents and undertakes to pay the College’s costs of investigation as calculated in accordance with the tariff of costs established under s. 19(1)(v.1) of the Act by March 31, 2021.

5. The Registrant consents and undertakes to complete the Professional/Problem Based Ethics (PROBE) Program at his cost within 12 months of the Consent Order.

6. The Registrant consents and undertakes to complete the CPEP Medical Record Keeping Seminar at his own cost within 12 months of the date of the Consent Order.
7. The Registrant consents to random spot audits by an inspector appointed by the Inquiry Committee at any time during the three (3) year period following expiration of his suspension and return to practice, to review his clinical records for the purposes of ensuring that he is adhering to proper standards of practice and completing proper clinical documentation.

Date of action:  August 14, 2020

Description of action taken:

On March 29, 2020, the College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia (the “College”) received a complaint against Cheng Ku (Steven) Huang (the “Registrant”) alleging that he engaged in sexual misconduct during a treatment on February 10, 2020.

On May 6, 2020, the College received a second complaint against the Registrant alleging that he engaged in behavior of a sexual nature during treatments provided to the complainant between November 14, 2019 and January 24, 2020.

On May 7, 2020, the Inquiry Committee requested a voluntary undertaking from the Registrant containing terms and conditions to ensure the safety of female patients pending the outcome of its investigation, which he provided and complied with.

On May 21, 2020, the Inquiry Committee appointed an Inspector to assist with the investigation, interview the parties and report back.

Based on its review of the material gathered during the investigation, and the additional evidence in the Inspectors report, the Inquiry Committee was concerned that the Registrant: (a) likely touched the two women for non-therapeutic clinical reasons during the treatments in question particularly in view of the similarity of the allegations brought forth by two separate female patients; (b) failed to obtain informed consent to treatment from the women.; and (c) failed  to provide appropriate draping materials to the women and failed to ensure that their breasts and genital areas were properly draped at all times. The Inquiry Committee concluded that there was insufficient information to establish that the Registrant had engaged in unethical billing or had breached patient privacy.  The Inquiry Committee determined under s.33(6)(c) of the Act that this would be an appropriate case to seek a Consent Order under s. 36 of the Act with terms that would protect the public and ensure that the Registrant does not repeat the behaviour.

On August 14, 2020, the Registrant agreed to give his undertaking and consent to the following for the purposes of addressing the concerns identified in the investigation:

1. The Registrant undertakes and consents to provide to the College within 30 days of the date of the Consent Order (for delivery to the Complainants), draft letters of apology addressed to each woman expressing regret for the distress and discomfort that he caused to them.

2. The Registrant undertakes not to repeat the conduct of: (a) touching a female patient for non-therapeutic clinical reasons; (b) providing treatment to patients without first obtaining express informed consent from the patient which includes a detailed explanation of areas of the body that he proposes to treat and documenting that consent in the clinical record; and (c) failing to provide proper draping materials to patients and failing to ensure that patients are properly draped at all times.

3. The Registrant consents and undertakes to have an approved chaperone present for all visits with female patients for a minimum period of one year up to a maximum period of five (5) years from the date of the Consent Order and to document in the clinical record, the name of the chaperone present for each visit with a female patient. The Inquiry Committee will review this requirement every year on or about the anniversary date of the Consent Order to determine whether, in its sole discretion, the Registrant must continue to have a chaperone present.

4. The Registrant consents and undertakes to continue to post notices that are 8 ½” x 11” in size, in English and Chinese, in a prominent place in the waiting room and in a prominent place in each of the treatment rooms of his clinic indicating that female patients must have a chaperone present for treatment at all times.  The Registrant must continue to post the notices for the entire period that the requirement for a chaperone is in force under para. 3 above.

5. The Registrant consents and undertakes to provide monthly written reports to the Registrar which contain the names of all female patients whom he has seen in the preceding month, their contact information (including current telephone numbers), and the name of the chaperone who was present for each patient’s visit.

6. The Registrant consents and undertakes to complete the Professional/Problem Based Ethics (PROBE) Program at his cost within 12 months of the Consent Order.
7. The Registrant will pay the costs of this investigation under s. 33(7) of the Act based on the tariff of costs established under s. 19(1)(v.1) of the Act within six (6) months of the date of the Consent Order.

Date of Action:  October 29, 2015

Description of action taken:

The College received information from the Ministry of Health, Medical Services Plan (“MSP”) that the Registrant had failed to comply with its demand for access to her clinical records supporting MSP billings during an investigation and audit of her MSP billing practices for the period April 1, 2008 to August 13, 2013 (“Audit Period”)..

The Inquiry Committee initiated an investigation. Following a review of the information gather during the investigation, the Inquiry Committee directed the issuance of a citation under s. 33(6)(d) of the Health Professions Act (the “Act”) alleging that the Registrant had contravened ss. 1, 5(a) and 6(a) of the Code of Ethics for Registrants and ss. 2, 3 and 5 of the Standards of Practice for Registrants and engaged in professional misconduct.

Reasons for Decision:

Following a discipline hearing, a panel of the Discipline Committee held that the Registrant had engaged in professional misconduct by misrepresenting to the College the alleged damage to her laptop computer as a reason for her inability to produce evidence of patient clinical records and provided false information to the Inquiry Committee that she had removed the colon hydrotherapy equipment from her clinic when she had not.  The panel further concluded that the Registrant contravened subs. 3(4) of the Regulation by describing herself as a Dr. TCM when her registration was limited to that of Registered Acupuncturist.  The panel also concluded that this amounted to professional misconduct.

Penalty:

The panel ordered that the Registrant’s right to practice acupuncture be suspended for six months with conditions that the suspension be lifted when the Registrant: (a) successfully completes courses on clinical record keeping and professional ethics; (b) successfully completes a mentorship with a mentor approved in advance by the Registrar; and (c) pays a fine of $15,000.00 and costs of $7,076.92 to the College.

Date of action: August 14, 2015

Description of action taken

On March 19, 2015, the CTCMA initiated an investigation under s.33 of the Health Professions Act, R.S.B.C. 1996, c. 183 (the “Act”) in response to an anonymous complaint against Chen-Yueh (Ruth) Wang (the “Registrant”) and her husband Cheng-Yi (Bruce) Tsai (a former student registrant) alleging that:

1. the Registrant’s husband inserted an acupuncture needle through the complainant’s wife’s clothing and into her skin without first cleansing the insertion site; and
2. following the acupuncture treatment the complainant’s wife developed a mild infection at the needle site.

The complainant was concerned that the Registrant’s husband may not be registered with the College and may be practicing without licensure. The Inquiry Committee appointed an inspector. The investigation revealed that:

1. Cheng-Yi (Bruce) Tsai was providing acupuncture treatment without registration;
2. the Registrant was promoting the services of her husband and had direct knowledge of his unauthorized practice of acupuncture;
3. the Registrant was allowing her husband to practice acupuncture and engage in conduct involving cracking bones at her clinic despite his lack of registration;
4. the Registrant provided the inspector with a receipt for acupuncture treatment that she did not provide for submission to an insurance provider; and
5. the Registrant indicated to the inspector that both she and her husband were acupuncturists but she only used her College registration number on the receipt.

There was no evidence that Cheng-Yi (Bruce) Tsai was inserting acupuncture needles through clothing. The Inquiry Committee determined under s.33(6)(c) of the Act to seek a consent order under s.36 of the Act with terms that would ensure that the Registrant did not repeat the conduct.

Reasons for action taken

The Inquiry Committee determined that this was an appropriate case to seek a consent order because the Registrant:

1. contravened ss. 2, 3 and 5 of the Standards of Practice for Registrants and Code of Ethics for Registrants and engaged in professional misconduct by knowingly promoting and permitting an unauthorized individual, Cheng-Yi (Bruce) Tsai, to practice in her clinic without CTCMA registration and intentionally providing fraudulent receipts for submission to an insurance provider containing her name and registration number for acupuncture treatments that she did not provide; and
2. posed a risk to the public by permitting an unauthorized individual to practice acupuncture at her clinic.

Action taken

The Inquiry Committee requested, and the Registrant agreed to provide, an undertaking and consent under s. 33(6) of the Act to:

1. not repeat the conduct of permitting an unauthorized individual to provide acupuncture at her clinic without mandatory CTCMA registration;
2. not repeat the conduct of issuing fraudulent receipts for acupuncture treatments that she did not provide;
3. not repeat the conduct of permitting an unauthorized individual from engaging in conduct involving cracking bones outside the proper scope of reflexology in her clinic;
4. pay a fine for her professional misconduct as it relates to knowingly permitting Cheng-Yi (Bruce) Tsai to provide acupuncture treatments in her clinic without mandatory CTCMA registration;
5. a 3 month suspension of her clinical practice for her professional misconduct as it relates to knowingly permitting Cheng-Yi (Bruce) Tsai to provide acupuncture treatments in her clinic without mandatory CTCMA registration and providing fraudulent receipts for submission to an insurance provider containing her name and registration number for acupuncture treatments she did not provide;
6. provide the Inquiry Committee with an essay, written in Chinese but translated at her cost into English, consisting of not less than 1,500 words outlining the responsibilities of registrants to conduct themselves in an ethical and professional manner and to follow regulatory requirements and guidelines in relation to their practices with reference to the Act, the Traditional Chinese Medicine and Acupuncturists Regulation, the College bylaws and standards of practice, within 60 days of the date of the consent order and to make such changes to the essay on the terms directed by the Inquiry Committee if it is not acceptable;
7. attend and successfully complete courses on professional responsibility, professional ethics, and clinical record-keeping at her cost within six (6) months of the date of the consent order;
8. cooperate with random chart audits by an inspector appointed by the Inquiry Committee for a period of one year commencing the completion of her suspension; and
9. pay investigation costs of as calculated in accordance with the tariff under the College’s bylaws. 

Date of action: August 14, 2015

Description of action taken

On March 19, 2015, the CTCMA initiated an investigation under s.33 of the Health Professions Act, R.S.B.C. 1996, c. 183 (the “Act”) in response to an anonymous complaint against Cheng-Yi (Bruce) Tsai, who is a former student registrant, and his wife Chen-Yueh (Ruth) Wang alleging that:

1. he inserted an acupuncture needle through the complainant’s wife’s clothing and into her skin without first cleansing the insertion site; and
2. following the acupuncture treatment the complainant’s wife developed a mild infection at the needle site.

The complainant also expressed concerns that Mr. Tsai may not be a registrant of the College and may be practicing without licensure. The Inquiry Committee appointed an inspector. The investigation revealed that:

1. Mr. Tsai was providing acupuncture treatment without registration;
2. Mr. Tsai was engaging in practices involving the ‘cracking’ of bones and that he was purporting to do so as a registered reflexologist. 

There was no evidence that Mr. Tsai was inserting acupuncture needles through clothing. The Inquiry Committee determined under s.33(6)(c) of the Act to seek a consent order under s.36 of the Act with terms that would ensure that Mr. Tsai did not repeat the conduct.

Reasons for action taken

The Inquiry Committee determined that this was an appropriate case to seek a consent order because Mr. Tsai:

1. contravened ss. 2, 3 and 5 of the Standards of Practice for Registrants and Code of Ethics for Registrants and engaged in professional misconduct by providing acupuncture treatment without CTCMA registration;
2. posed a risk to the public by engaging in the unauthorized practice of acupuncture; and
3. engaged in conduct that does not constitute proper reflexology practices.

Action taken

The Inquiry Committee requested, and Mr. Tsai agreed to provide, an undertaking and consent under s. 33(6) of the Act to:

1. not repeat the conduct of engaging in the unauthorized practice of acupuncture and/or traditional Chinese medicine without mandatory CTCMA registration;
2. not repeat the conduct of engaging in conduct involving cracking bones outside the proper scope of reflexology;
3. pay a fine for his professional misconduct as it relates to providing acupuncture and/or traditional Chinese medicine treatments without mandatory CTCMA registration;
4. to consents to a three (3) month suspension of his clinical practice in the event that he successfully completes the College clinical examination and obtains full registration for his unprofessional conduct as it relates to engaging in unauthorized practice of acupuncture which suspension will commence upon being granted full registration;
5. provide the Inquiry Committee with an essay, written in Chinese but translated at his cost into English, consisting of not less than 1,500 words outlining the responsibilities of registrants to conduct themselves in an ethical and professional manner and to follow regulatory requirements and guidelines in relation to their practices with reference to the Act, the Traditional Chinese Medicine and Acupuncturists Regulation, the College bylaws and standards of practice, within 60 days of the date of the consent order and to make such changes to the essay on the terms directed by the Inquiry Committee if it is not acceptable;
6. attend and successfully complete courses on professional responsibility, professional ethics, and clinical record-keeping at his cost within six (6) months of the date of the consent order;
7. cooperate with random chart audits by an inspector appointed by the Inquiry Committee for a period of one year commencing the completion of his suspension; and
8. pay investigation costs of as calculated in accordance with the tariff under the College’s bylaws.

Date of Action: March 26, 2015

Description of Action taken

The College received notification from Fraser Health Authority that there was a concern about the risk of transmission of communicable diseases from inadequate infection control at the Registrant’s clinic. The Inquiry Committee initiated an investigation under s. 33(4) of the Act and directed an inspector to attend the Registrant’s clinic to gather information concerning her acupuncture practice and clinical records. The inspector reported back that the Registrant was using expired needles, acknowledged that she did not have unexpired needles on site, was not properly disposing of used needles or other materials, was not appropriately preparing acupuncture sites prior to needle insertion, was not following appropriate hygiene procedures, was not following the guidelines specific to storage and preparation of herbs, and was not following patient record-keeping guidelines.

On November 12, 2014, the Inquiry Committee convened ex parte to consider the need for extraordinary action under s. 35 of the Health Professions Act and concluded that a suspension of the Registrant’s registration was necessary to protect the public pending completion of remedial steps by the Registrant to address these deficiencies. The Inquiry Committee was concerned that the Registrant’s improper use of acupuncture needles and the unsanitary conditions in her clinic posed serious health risks to her patients.

On November 25, 2014, the Inquiry Committee cancelled the interim suspension of the Registrant’s registration as it was satisfied that she had fully completed the remedial steps required under the terms of the s. 35 order.

On March 3, 2015, the College received an investigation report from Fraser Health Authority which identified significant concerns for infection prevention and control practices that posed risks for transmission of blood borne infection at the Respondent’s clinic. The report indicated that laboratory evidence revealed that the two cases of acute hepatitis B infection had come from a common source with epidemiological evidence of being related to the acupuncture treatment received from the Registrant.

Reasons for action taken

Based on a review of the information gathered during the investigation of the matter, the Inquiry Committee was concerned that: (i) the Registrant failed to comply with the requirements of the Safety Program Handbook in performing acupuncture and handling acupuncture needles and thereby placed patients at risk; (ii) the Registrant failed to maintain a hygienic and safe clinic and thereby placed patients at risk; (iii) there was evidence that the Registrant’s treatments may have caused two patients to contract acute hepatitis B; (iv) the Registrant misused the Dr. (doctor) title; (v) the Registrant failed to complete mandatory continuing education courses; and (vi) the Registrant failed to maintain proper clinical records. The Registrant subsequently provided documentation confirming that she successfully completed a course on clinical record keeping.

On March 26, 2015, the Registrant signed a Consent Order under s. 37.1 containing the following terms:

1. a reprimand in relation to her professional misconduct with respect to: (i) failing to comply with requirements of the Safety Program Handbook and placing patients at risk through improper acupuncture procedures; (ii) misusing the doctor title; and (iii) failing to maintain a hygienic clinic.
2. suspension of her registration as a registered acupuncturist for a period of three (3) months from the date of the Consent Order;
3. an undertaking not to repeat the conduct of failing to comply with the directives contained in the Safety Program Handbook;
4. an undertaking not to repeat the conduct of failing to maintain accurate and complete clinical and billing records;
5. an undertaking not to repeat the conduct of failing to complete continuing education requirements and a requirement to complete 25 hours of continuing education each year for the next five years;
6. a requirement to complete a course of professional ethics at her cost within six (6) months of the date of the Consent Order;
7. a requirement to cooperate with random spot audits by an inspector appointed by the College for a period of five (5) years following the expiration of her suspension and return to practice, to review her clinical records for the purposes of ensuring that she is adhering to proper standards of practice and completing proper clinical and billing documentation. The Registrant acknowledges that the frequency and timing of the audits is at the sole discretion of the Inquiry Committee and that she is responsible for all audit costs;
8. a consent to pay investigative costs; and
9. a consent to pay a fine in relation to her professional misconduct.