Kang-Ming John Cheung

Acknowledgement & Undertaking
As signed by Kang-Ming John Cheung on August 5, 2022

I, Kang-Ming Cheung, acknowledge and undertake as follows:

1. I acknowledge that allegations about my practice and conduct are currently before the Inquiries, Complaints and Reports Committee (ICRC) of the College of Physiotherapists of Ontario (the “College”) (File 2020-0225). I also acknowledge that I currently have several requirements of a Discipline Order that are outstanding and that I am currently in breach of the Order. (File 2015-0311) 
2. This acknowledgement and undertaking does not constitute an admission of any professional misconduct. 
3. I acknowledge and agree that, in exchange for my providing to the College an original copy of this Undertaking executed by me, the College agrees not to proceed any further with the current investigation into my conduct and I will no longer be required to meet the requirements of the Discipline Order. 
4. I acknowledge and agree that, in exchange for my providing to the College an original copy of this Undertaking, the ICRC will take no further action regarding the current investigation. I undertake to resign my membership and certificate of registration with the College effective August 11, 2022. 
5. I hereby undertake never to apply or re-apply for membership, registration, licensure or similar status with the College as a physiotherapist or for a license to practice physiotherapy in Ontario. 
6. I acknowledge that if I ever apply or re-apply, or attempt to apply or re-apply for membership, registration, licensure or similar status with the College in the future, the College will be entitled to rely upon this undertaking in any registration or other similar proceeding as reason to deny my application. 
7. I acknowledge that if I ever apply or re-apply for membership, registration, licensure or similar status as a physiotherapist for a license to practice physiotherapy in Ontario after August 11, 2022, the ICRC has the right to continue with the investigation. 
8. I acknowledge that after I resign my membership with the College, I will not be entitled to use the title “physiotherapist”, “physical therapist” or any abbreviation thereof or equivalent in another language. I will not be entitled to hold myself out as a person who is qualified to practice in Ontario as a physiotherapist/physical therapist and I will not be entitled to imply that I am a physiotherapist/physical therapist in Ontario. My registration number with the College will no longer be valid. 
9. I acknowledge that the College is required to include the fact of my resignation on the College register and the College is required to publish the Undertaking in full on the public register. The College will also publish this information on its website. This publication is indefinite. 
10. In the event of a breach of this undertaking and the College proceeds with an investigation / discipline hearing, I hereby agree to bear the risk of any prejudice that the passage of time might cause to my ability to make full answer and defence, and waive the right to seek any remedy on the basis of the passage of time, should the College proceed with the investigation and any allegations that may arise as a result of any future breach of this Undertaking by me. 
11. I acknowledge that I have been advised of my right to obtain legal advice prior to entering into this Undertaking and have either availed myself of that right or chosen not to avail myself of that right. 

Kang-Ming (Johnny) Cheung 

Registration Number 07398

Case Number: 2015-0311

On October 23, 2018, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Kang-Ming (Johnny) Cheung to the Discipline Committee for a hearing. The hearing was held on September 24, 2019. 

Overview of the Allegations

1. At all materials times, Kang-Ming (Johnny) Cheung (Mr. Cheung) was a registered member of the College.

2. During the period January 1, 2012 and August 31, 2017, Mr. Cheung 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 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);
• paragraph 26 (failing to keep records in accordance with the standards of practice of the profession)
• paragraph 27 (falsifying a record);
• paragraph 28 (signing or issuing a document containing a statement that the member knows or ought to know contains a false or misleading statement);
• paragraph 32 (submitting an account or charge for services that the member knows or ought to know is false or misleading); and
• paragraph 33 (failing to take reasonable steps to ensure that any accounts submitted in the member’s name or billing number are fair and accurate).

Finding 

At the conclusion of the hearing the panel found that Mr. Cheung had committed professional misconduct as defined in paragraphs 1, 18, 26, 27, 28 , 32 and 33 of section 1 of Ontario regulation 388/08 under the Physiotherapy Act, 1991, S.O. 1991, c.37 (the “Professional Misconduct Regulation).

Penalty

The panel ordered the following penalty:

1. Requiring the Member to appear before the panel of the Discipline Committee to be reprimanded at the conclusion of the hearing on September 24, 2019.

2. (i) Directing the Registrar to suspend the Member’s certificate of registration for a period of ten (10) months, with five (5) months of the suspension to be suspended provided the Member completes the remediation activities set out in paragraphs 3(a) and (b) below by March 12, 2020.

(ii) Directing that the five-month served suspension shall commence at 12:01 on October 11, 2019 and completed on March 11, 2020 at 11:59pm.

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

a. The Member cannot return to practice on March 12, 2020, unless he has successfully completed, at his own expense, the ProBE course (unconditional pass), and provide proof of his successful completion satisfactory to the Registrar;

b. The Member cannot return to practice on March 12, 2020, unless he has successfully confirmed, to the satisfaction of the Registrar, that he has completed a full review the following:

1. The Essential Competency Profile for Physiotherapists in Canada
2. Code of Ethics
3. Fees Billing and Accounts Standard
4. Written Process for Audited Billing
5. Video:  Defining Benefits Fraud
6. Inappropriate Business Practices Resource
7. Record Keeping Standard
8. Record Keeping Checklist
9. Record Keeping E-Learning Module
10. Professional Misconduct Regulation

c. The Member shall participate, at his own expense, in a practice assessment, to be completed within thirty (30) days of the Member’s return to practice.  The practice assessment will be no more than five (5) consecutive days in duration or five days selected at the discretion of the assessor. The cost of the practice assessment will be assumed by the member.

d. For a two-year period following the Member’s return to practice, or a lesser period at the Registrar’s discretion, the Member shall, at his own expense, participate in a practice enhancement coaching program with a focus on assessments / treatments, fees and billing, and record-keeping. There will be no more than eight (8) sessions over the period of two years. The cost of the coaching program will be assumed by the member.

e. The Member shall submit to a random re-assessment of his practice by the College, within one (1) year of the completion of the practice assessment following his return to practice.  

f. For greater clarity, if the Member does not complete the remedial activities set out in paragraphs 3(a) and (b) above during the five months of his suspension, he will be required to serve the remaining five months of the suspension and complete the remedial activities prior to his return to practice.

4. The Member shall not practice as a physiotherapist assistant (PTA) during the period of the served suspension, whether that period is five months or longer.

5. The Member shall pay costs to the College in the amount of $8,000.00, payable by September 30, 2020.

Once released, the panel’s decision will be made available on Canlii (www.canlii.org).

On June 10, 2021, the Inquiries, Complaints and Reports Committee (“the Committee”) made a decision related to information it obtained about the conduct of Kang-Ming (Johnny) Cheung. The Committee identified concerns with Kang-Ming (Johnny) Cheung’s record keeping practices in that the clinical records reviewed lacked relevant information and sufficient detail. The Committee determined that these concerns were significant enough to require that Kang-Ming (Johnny) Cheung appear before a panel of the ICRC to receive a caution.

Since 2017, as required by law, the College has been posting cautions on the public register. A caution is a decision made by the ICRC when a concern raised in a complaint or in a formal investigation is sufficient to require the physiotherapist to attend before a panel of the ICRC to receive feedback from the panel on how to prevent similar concerns from arising in the future. A caution does not involve a finding of wrongdoing, professional misconduct or incompetence and is not disciplinary in nature.  

File: ICRC 2019-0148
Delivered: September 28, 2021