Michael Fong

Registration Number 16156

File 2017-0119

On October 23, 2018, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Michael Fong to the Discipline Committee for a hearing. This matter was heard on October 3, 2019. 

Overview of the Allegations

1. At all materials times, Michael Fong was a registered member of the College.

2. During the period April 1, 2017 and September 30, 2018, Mr. Fong 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 4 (practicing the profession while the member’s certificate of registration has been suspended);
• paragraph 13 (failing to reply appropriately or within a reasonable time to a written inquiry from the College);
• paragraph 14 (contravening, by act or omission, the Physiotherapy Act, the Regulated Professional Act, 1991 or the regulations under either act); and
• 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);

Finding

At the conclusion of the hearing on October 3, 2019 the panel found that Mr. Fong had committed professional misconduct as defined in paragraphs 1, 4, 13 and 18 of section 1 of Ontario Regulation 861/93 as amended, under the Physiotherapy Act, 1991.

Penalty

1. Requiring the Registrant to appear before the panel of the Discipline Committee to receive a reprimand on a date to be set by the Registrar and prior to Mr. Fong returning to practice.

2. Directing the Registrar to suspend the Registrant’s certificate of registration, effective October 3, 2019, until such time that Mr. Fong successfully completes (unconditional pass) the ProBe ethics program offered through CPEP and provides proof of his successful completion that is satisfactory to the Registrar. If the ProBe program is no longer available when Mr. Fong decides to take the program, the Registrar will select a reasonable alternative.

3. During the period of suspension Mr. Fong cannot use the title “physiotherapist”, “physical therapist” or any abbreviation of these titles which includes “PT”. In addition, no advertising material, including social media platforms or websites can suggest that Mr. Fong provides physiotherapy services as a registered physiotherapist. Mr. Fong may however refer to his educational qualifications.

4. That the Registrar impose specified terms, conditions or limitations on the Registrant’s certificate of registration, namely that:

a. Mr. Fong participate in no more than four coaching sessions within a year of the date of the Panel’s order, with the College’s Senior Practice Advisor or regulatory expert chosen by the Registrar, which would focus on his responsibilities as a regulated health care provider as they relate to the College.

b. In the event that the Registrant provides physiotherapy services (as a physiotherapist assistant (“PTA”)) during the period that his certificate of registration is suspended, the Registrant shall:

i) practise as a PTA only under the supervision of a registrant of the College who is a physiotherapist in the Registrant’s practice location (the “supervising physiotherapist”). The supervising physiotherapist must be pre-approved by the College before the Registrant provides services as a PTA;

ii) deliver to the supervising physiotherapist a copy of the Notice of Hearing, the Panel’s Order and when available, and the Panel’s Decision and Reasons;

iii) deliver to the Registrar a letter signed by the supervising physiotherapist confirming that s/he has received and reviewed the above documents, which must be received by the Registrar prior to the Registrant practising as a PTA; and

iv) if the Panel’s Decision and Reasons are not available prior to the Registrant providing supervised physiotherapy services, the Registrant shall deliver to the supervising physiotherapist a copy of the Panel’s Decision and Reasons within seven (7) days of it becoming available to the Registrant and will confirm in writing to the Registrar that he has done so.

Costs

5. Directing the Registrant to pay costs to the College in the amount of $6000 in total according to the following schedule: $1500 no later than October 1, 2020, $1500 no later than October 1, 2021, October 1, 2022 and October 1, 2023.

Concurrent Penalty Order

6. This Panel Orders that this penalty and costs order is to be served concurrently with the penalty order in matter 2018-0237.

Decisions of teh Discipline Committee are available on Canlii (www.canlii.org).

Michael Fong

Registration Number 16156

File 2018-0237

On May 24, 2019, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Michael Fong to the Discipline Committee for a hearing. This matter was heard on October 3, 2019. 

Overview of the Allegations

1. At all material times, Michael Fong was a registered member of the College.

2. During the period October 1, 2016 and May 30, 2019, Mr. Fong 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 13 (failing to reply appropriately or within a reasonable time to a written inquiry from the College);
• paragraph 14 (contravening, by act or omission, the Physiotherapy Act, the Regulated Professional Act, 1991 or the regulations under either act); and
• 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). 

Finding

At the conclusion of the hearing on October 3, 2019 the panel found that Mr. Fong had committed professional misconduct as defined in paragraphs 1,13, 14 and 18 of section 1 of Ontario Regulation 861/93 as amended, under the Physiotherapy Act, 1991.

Penalty

1. Requiring the Registrant to appear before the panel of the Discipline Committee to receive a reprimand on a date to be set by the Registrar and prior to Mr. Fong returning to practice.

2. Directing the Registrar to suspend the Registrant’s certificate of registration, effective October 3, 2019, until such time that Mr. Fong successfully completes (unconditional pass) the ProBe ethics program offered through CPEP and provides proof of his successful completion that is satisfactory to the Registrar. If the ProBe program is no longer available when Mr. Fong decides to take the program, the Registrar will select a reasonable alternative.

3. During the period of suspension Mr. Fong cannot use the title “physiotherapist”, “physical therapist” or any abbreviation of these titles which includes “PT”. In addition, no advertising material, including social media platforms or websites can suggest that Mr. Fong provides physiotherapy services as a registered physiotherapist. Mr. Fong may however refer to his educational qualifications.

4. That the Registrar impose specified terms, conditions or limitations on the Registrant’s certificate of registration, namely that:

a. Mr. Fong participate in no more than four coaching sessions within a year of the date of the Panel’s order, with the College’s Senior Practice Advisor or regulatory expert chosen by the Registrar, which would focus on his responsibilities as a regulated health care provider as they relate to the College.

b. In the event that the Registrant provides physiotherapy services (as a physiotherapist assistant (“PTA”)) during the period that his certificate of registration is suspended, the Registrant shall:

i) practise as a PTA only under the supervision of a registrant of the College who is a physiotherapist in the Registrant’s practice location (the “supervising physiotherapist”). The supervising physiotherapist must be pre-approved by the College before the Registrant provides services as a PTA;

ii) deliver to the supervising physiotherapist a copy of the Notice of Hearing, the Panel’s Order and when available, and the Panel’s Decision and Reasons;

iii) deliver to the Registrar a letter signed by the supervising physiotherapist confirming that s/he has received and reviewed the above documents, which must be received by the Registrar prior to the Registrant practising as a PTA; and

iv) if the Panel’s Decision and Reasons are not available prior to the Registrant providing supervised physiotherapy services, the Registrant shall deliver to the supervising physiotherapist a copy of the Panel’s Decision and Reasons within seven (7) days of it becoming available to the Registrant and will confirm in writing to the Registrar that he has done so.

Costs

5. Directing the Registrant to pay costs to the College in the amount of $6000 in total according to the following schedule: $1500 no later than October 1, 2020, $1500 no later than October 1, 2021, October 1, 2022 and October 1, 2023.

Concurrent Penalty Order

6. This Panel Orders that this penalty and costs order is to be served concurrently with the penalty order in matter 2017-0119.

Decisions of the Discipline Committee are available on Canlii (www.canlii.org).

As a result of a discipline hearing held on October 3, 2019 the following terms, conditions and limitations are on Mr. Fong's certificate of registration:

Mr. Fong must successfully complete (receiving an unconditional pass) the ProBe ethics program before he can return to practice.

In the event that Mr. Fong provides physiotherapy services (as a physiotherapist assistant (“PTA”) during the period that his certificate of registration is suspended, he must be supervised by a member of the College who has been approved by the Registrar.

Mr. Fong must participate in coaching sessions with a practice enhancement coach once he returns to practice.