COTO

Alice Tam

This matter came before a Panel of the Discipline Committee on August 2, 2007.

Background
In May 2006 the College received a complaint from Ms. Tam's former employer, expressing concern with regards to Ms. Tam's practice while employed with their organization and her actions after she ceased to be an employee. After an extensive investigation of the concerns cited in the letter of complaint, the Complaints Committee (a screening committee of the College) referred the matter to the Discipline Committee for a hearing.

Prior to the hearing date, counsel for the College and counsel for the member discussed the case on several occasions. During the discussions, Ms. Tam agreed that her actions in the above noted matter constituted professional misconduct. The College and Ms. Tam were able to negotiate a penalty which was confirmed as being appropriate by the College's Executive Committee. The parties agreed that the penalty recognized the mitigating factors in the case, the need to address the issue of deterrence and provide for rehabilitation.

The Member’s Plea
At the hearing, Ms. Tam admitted the allegations and the fact that her actions conduct constituted professional misconduct.

A Summary of the Allegations and Agreed Facts
From in or about 2004 to in or about March 31, 2006, Ms. Tam failed to maintain client progress notes or prepare discharge summaries in a timely manner for her clients. Ms. Tam also created false entries for her clients by either charting that she had seen clients on dates when she had not or by adding another date to an existing chart entry to make it appear to be two entries. Ms. Tam also submitted billing statements for client services that she had not provided. Lastly, Ms. Tam continued to see the organizations' clients after she stopped working for them without advising the client that she was no longer working with the organization.

Decision
The Panel agreed that Ms. Tam's conduct constituted professional misconduct.

This finding was made in accordance with paragraph 2 of O.Reg.800/93, as amended under the Occupational Therapy Act, 1991.

Section 2 Contravening a standard of practice of the profession or failing to maintain the standards of practice of the profession
Section 15 Failing to keep records as required
Section 16 Falsifying a record related to the member's practice
Section 19 Submitting an account or a charge for services that the member knows is false or misleading
Section 28 Engaging in conduct or performing an act relevant to the practice of the profession, that having regard to all of the circumstances would reasonable be regarded by members as disgraceful, dishonroable or unprofessional

The Panel of the Discipline Committee agreed that the proposed penalty was reasonable and that it fulfilled the five Principles on Order namely:
  • Protection of the Public,
  • Maintaining the reputation of the profession and its ability to govern itself,
  • General deterrence for the profession,
  • Specific deterrence to the member, and
  • Rehabilitation of the member
In addition, the panel acknowledged the following mitigating factors (1) This was Ms. Tam's first finding of professional misconduct (2) Ms. Tam admitted to the allegations and fully cooperated and in doing so she saved the College the expense of holding a contested hearing.

Penalty and Costs
Counsel for the College advised the Panel that a Joint Submission on Order had been agreed upon. The following is a summary of the Joint Submission on Order which was accepted by the Panel:
  1. Ms. Tam is required to appear before a panel of the Discipline Committee to be reprimanded, the fact of which will be recorded on the College register;
  2. The Registrar is directed to suspend Ms. Tam's certificate of registration for nine (9) months to be served on a date to be set by the Registrar;
  3. Two (2) months of the suspension will themselves be suspended if Ms. Tam fulfils the terms of paragraphs 4, 5 and 6 of the order within the timelines set out herein. If Ms.Tam fails to fulfil the terms of any of paragraphs 4, 5 or 6 then the remaining two months suspension will be served immediately;
  4. The Registrar is directed to impose a term, condition and limitation on Ms. Tam's certificate of registration requiring Ms. Tam to successfully complete at her cost a course in ethics approved by the Registrar within six months of the date of the panel's order;
  5. The Registrar is directed to impose a term, condition and limitation on Ms. Tam's certificate of registration requiring Ms. Tam to successfully complete at her cost a course in record keeping, with a billing component, approved by the Registrar within six months of the date of the panel's order;
  6. The Registrar is directed to impose a term, condition and limitation on Ms. Tam's certificate of registration requiring Ms. Tam to undergo practice reviews by a reviewer/assessor approved by the Registrar during the three year period of actual practice that immediately follows the expiry of the suspension of her certificate of registration;
  7. The Registrar is directed to impose a term, condition and limitation on Ms. Tam's certificate of registration requiring Ms. Tam to practise occupational therapy under supervision for a period of three years after the expiry of the suspension of her certificate of registration.
  8. The Registrar is directed to impose a term, condition and limitation on Ms. Tam's certificate of registration prohibiting Ms. Tam from supervising students or provisional practising registrants for a period of five years after the expiry of the suspension of her certificate of registration; and
  9. Ms. Tam is ordered to pay to the College costs in the amount of $7,500.00 payable within 24 months after the expiry of the suspension of Ms. Tam's certificate of registration.