In January 2017, Ms. Bode was referred to the Discipline Committee for allegations that she failed to comply with the terms of a specified continuing education or remedial program issued by the Quality Assurance Committee.

At the hearing, Counsel for the College advised the Panel that agreement had been reached between the parties on the facts, and submitted the Agreed Statement of Facts as evidence. Ms. Bode admitted the allegations against her and confirmed that she made voluntary, informed and unequivocal admissions of professional misconduct.

A Summary of the Agreed Facts

On or around December 11, 2012, the Quality Assurance Committee of the College of Occupational Therapists of Ontario (the “College”) directed Ms. Bode to complete a specified continuing education or remedial program as a result of a Quality Assurance assessment that Ms. Bode had undergone in or around August 2012 (the “SCERP”). The SCERP consisted of seven broad requirements that had to be fulfilled by specified dates in 2013 and 2014. Among other things, Ms. Bode was required to complete a Learning Contract, complete the Occupational Therapy Examination and Practice Preparation Program for Internationally Educated OTs (“OTepp”) hosted by McMaster University, and complete reflection papers. The SCERP specified that Ms. Bode was responsible for all costs associated with fulfilling the SCERP. By August 2015, Ms. Bode had not fulfilled the SCERP’s requirements or communicated with the College in respect of the SCERP requirements. On or around August 21, 2015, the College adjusted the deadlines associated with the SCERP’s requirements to dates in 2015 and 2016. On or around October 8, 2015, and in response to a concern raised by Ms. Bode, the College revised the SCERP so that Ms. Bode was required to write a 1,000 word paper instead of completing the OTepp course. All other requirements set out in the SCERP remained the same. Ms. Bode did not fulfill the SCERP requirements.

Decision

The Panel agreed that Ms. Bode’s conduct constituted professional misconduct and, in particular, found that Ms. Bode committed an act of professional misconduct as defined in subsection 51(1)(b.0.1) of the Health Professions Procedural Code, being Schedule 2 to the Regulated Health Professions Act, 1991, and in paragraphs 1, 41, 45, 48 and 49 of Section 1 of Ontario Regulation 95-07, made under the Occupational Therapy Act, 1991.

Counsel for the College advised the panel that a Joint Submission on Penalty and Costs had been agreed upon. The Panel of the Discipline Committee agreed that the penalty jointly proposed by Counsel for the College and Ms. Bode, as set out in the Joint Submission on Penalty, was fair and reasonable.

The Panel of the Discipline Committee ordered a six-week suspension of Ms. Bode’s certificate of registration; required Ms. Bode to appear before it to be reprimanded; requires Ms. Bode to successfully complete a course on Professional Regulation/Conduct within twelve months of its order; requires Ms. Bode to complete all outstanding requirements of the revised SCERP issued by the Quality Assurance Committee which includes, amongst other things, the requirement for Ms. Bode to obtain a Practice Supervisor to observe her complete three assessments; and, for a period of three years following the Discipline Committee’s order, requires Ms. Bode to respond to all correspondence from the College within 30 days from the date of receipt of the correspondence.

The Panel of the Discipline Committee also ordered Ms. Bode to pay the College costs in the amount of $750.00.