David Evans

CPO and David Evans

Case Number 2015-0113
 

On August 10, 2017 the Inquiries, Complaints and Reports Committee referred a matter involving David Evans to the Discipline Committee for a hearing. The hearing was held on November 28, 2017.

Overview of the allegations:

During the period of July 1, 2013 and August 5, 2016, Mr. Evans: 

• delegated to an athletic therapist the assessment and re-assessment of, and the development of treatment plans for, Clinic physiotherapy patients; 
• failed to perform assessments and to develop treatment plans for some physiotherapy patients ostensibly under his care;
• failed to obtain informed consent from some patients for the involvement of physiotherapist assistants in the delivery of physiotherapy; 
• directly and/or indirectly held out an athletic therapist, as a Member of the College to patients of his Clinic and members of the public;
• issued invoices to some patients for a “Physiotherapy Assessment” under his name and registration number, when a different employee of Mr. Evans’ clinic, who is not a registered physiotherapist, performed the assessment;
• directly or indirectly misrepresented to the College that he, and not an athletic therapist, had assessed and/or developed the treatment plans for the patients

At the conclusion of the hearing the panel found that Mr. Evans had committed several act(s) of professional misconduct and they ordered the following penalty:

1 - a reprimand (delivered on November 28, 2017)
2 - a suspension of 15 months with 7 months remitted if the following remedial activities are completed within the required timelines (completed)
A - successful completion of the ProBe ethics program (completed)
B - a review of various College standards, tools and resources (completed)

When Mr. Evans returns to practice he will be required to work with a practice coach for no more than three years during which time he will not be able to supervise physiotherapy students or PTA students, or members of the College who hold a provisional practice certificate of registration. In addition Mr. Evans will not be able to teach or assist with the teaching of physiotherapy students or PTA students. 

Mr. Evans was required to pay costs to the College in the amount of $2000
Completed: January 8, 2018

Mr. Evans was required to pay a fine to the Ministry of Finance in the amount of $3000
Completed: January 8, 2018

The decision and reasons of the panel is available on Canlii - www.canlii.org.