A Discipline Hearing under the Health Professions Act is conducted in a way very similar to a trial. A citation sets out the matter to be heard and where and when it will be heard. The citation must be served on the Respondent Physical Therapist.
Evidence is usually called and witnesses provide testimony under oath and may be cross-examined. The Respondent Physical Therapist is entitled to be represented by legal counsel at the hearing. The Inquiry Committee has legal counsel who presents the case before the Discipline Committee to prove the matters alleged in the citation.
A Panel of the Discipline Committee conducts the Hearing. The Panel consists of two Registered Physical Therapists and a member of the public.
Discipline Committee hearings may be open to the public.
Upon completion of a Discipline Hearing, the Panel of the Discipline Committee may dismiss the matter or making a finding that the Respondent Physical Therapist:
- has not complied with the Health Professions Act, a regulation or a Bylaw of the College;
- has not complied with a standard, limit or condition imposed under the Health Professions Act;
- has committed professional misconduct or unprofessional conduct;
- has incompetently practised the designated health profession; or
- suffers from a physical or mental ailment, an emotional disturbance or an addiction to alcohol or drugs that impairs their ability to practise physical therapy.
If the Discipline Committee makes a finding that is adverse to the Respondent Physical Therapist, it may:
- reprimand the Respondent Physical Therapist;
- impose limits or conditions on the practise of the designated health profession by the Respondent Physical Therapist;
- suspend the registration of the Respondent Physical Therapist;
- cancel the registration of the Respondent Physical Therapist;
- fine the Respondent Physical Therapist in an amount not exceeding the maximum fine, established under section 19(1)(w) of the Health Professions Act;
- assess costs or part of the costs of the hearing against the Respondent Physical Therapist.
The decision of the Panel of the Discipline Committee must be in writing and must be delivered to the Respondent Physical Therapist and to the complainant.