Date of Action: September 4, 2014
Description of action taken
The College received a complaint by a former patient of the Registrant’s alleging that he had touched her in a sexual nature during a Tuina treatment. The Inquiry Committee initiated an investigation which revealed that there were three other female patients who allegedly experienced similar treatments. The Inquiry Committee directed the issuance of a citation under s. 33(6)(d) of the Health Professions Act (the “Act”) against the Registrant regarding allegations of engaging in touching of a sexual nature, or touching for a non-therapeutic purpose, while providing Tuina treatments to the four female patients.
Following a discipline hearing, a panel of the Discipline Committee held that the Registrant had engaged in professional misconduct and contravened the Practice Standards for Sexual Misconduct under s. 18.4 of the College bylaws by touching one female patient’s breast and genitalia in a sexual nature and kissing the same female patient on the cheek, by touching a second female patient’s breast in a sexual nature, by touching a third female patient’s genitalia in a sexual nature and by brushing a fourth female patient’s genitalia in a sexual nature.
Reasons for Decision
Sexual Misconduct: After a lengthy hearing on liability, the Panel accepted the evidence of the four female patients and concluded that the Registrant committed professional misconduct with sexual intent, and engaged in non-therapeutic touching of the female patients.
Penalty
Following a penalty hearing, the Discipline Committee panel imposed the following penalties under s. 39(2) of the Act:
- a reprimand;
- cancellation of the Registrant’s registration with a prohibition against applying for registration with the College for two years from the date of the decision;
- a fine in the amount of $10,000.00 to be paid within 30 days of the decision;
- an order for payment of costs to the College in the amount of $11,881.23 in hearing costs and disbursements.