You’re offline. This is a read only version of the page.
The Public Register provides information about all registered physiotherapists in Ontario.
We are happy to confirm the person you are looking for is a registered physiotherapist or help you find what you need.
Contact the Registration Team:
registration@collegept.org
1-800-583-5885 ext. 222.
The following is a summary of a matter placed before a five member panel of the Discipline Committee of the College of Physiotherapists of Ontario on March 31, 2011.
In July 2008 the College received information concerning certain aspects of Mr. Duvage’s practice. At the conclusion of the investigation the Inquiries, Complaints and Reports Committee of the College referred the matter to the Discipline Committee for a hearing.
Improper Billing
Mr. Duvage sent invoices to a third party payor for massage therapy treatment in relation to several of his family members and other patients when no such treatment was provided.
Falsification of Referral Slips
Mr. Duvage falsified or permitted to be falsified physician referral slips by a physician for himself and his family members.
Practising Physiotherapy while Suspended
Mr. Duvage completed or permitted to be completed claim forms in his name during periods when his certificate of registration was suspended pursuant to a 2005 order of the Discipline Committee of the College of Physiotherapists of Ontario.
Falsification of Signature
Mr. Duvage falsified or permitted to be falsified the signature of a massage therapist on a claim submitted to a third party payor.
Improper Creation of Billing Records
Mr. Duvage created or permitted to be created “appointment note tables” using a computer software program for the purpose of trying to substantiate one or more of the invoices for massage therapy submitted to a third party payor
False Statements to the Investigator
Mr. Duvage made false statements to the College’s investigators during the course of the investigation.
The Member’s Plea
At the hearing, Mr. Duvage admitted to the allegations and the fact that his actions constituted professional misconduct.
The Panel agreed that Mr. Duvage’s conduct constituted professional misconduct. This finding was made in accordance with paragraphs 14, 16, 18, 25 and 33 of section 1 of O.Reg.861/93 (Professional Misconduct Regulation), as amended under the Physiotherapy Act, 1991.
In addition, the panel found that Mr. Duvage committed an act of professional misconduct in accordance with paragraph 8 of section 1 of O.Reg.388/08 (Professional Misconduct Regulation), as amended under the Physiotherapy Act, 1991.
The panel ordered that the Registrar be directed to revoke the certificate of registration of Mr. Duvage.
In determining the appropriate penalty, the Panel took into consideration the interest of the public and the serious nature of the offence(s) and determined that the registrant’s conduct demonstrated a serious disregard for his basic professional obligations.
The panel is of the view that Mr. Duvage’s conduct and behaviour was egregious in the extreme. He is either unable or unwilling to abide by the rules of the College and as such is ungovernable. As a result, and notwithstanding the mitigating circumstances referred to by counsel, the only reasonable decision by way of penalty is revocation of his certificate of registration. To do other than this would not adequately fulfill the legislative requirement of acting in the public interest because Mr. Duvage would be in a position in the future to victimize the public without first establishing to the satisfaction of another panel of the Discipline Committee that he should be given the right to be reinstated as a member of the physiotherapy profession. In the panel’s view, this penalty adequately addresses the need to provide specific deterrence to Mr. Duvage. It also addressed the need to provide general deterrence to members of the physiotherapy profession because other registrants reading this Decision will receive a clear message that this type of conduct will not be tolerated and will result in severe sanctions.
The following is a summary of a matter placed before a five-member panel of the Discipline Committee of the College of Physiotherapists of Ontario on Tuesday, October 11, 2005.
In this matter, the panel considered and accepted an Agreed Statement of Facts filed by the College and Mr. Duvage, and found the registrant guilty of professional misconduct in relation to professional standards of practice and professional billing practices.
The Discipline Panel found that the conduct alleged in the statement of agreed facts and joint submission on finding constitutes professional misconduct as defined in the College's Professional Misconduct Regulation of Ontario 861/93 as amended:
Rupasinghe Duvage was practising physiotherapy in Mississauga, Ontario. About eight years ago, there were serious concerns about Mr. Duvage's standards of practice including his assessments, treatment planning, reassessment, discharge planning and record keeping. There were also concerns about the accuracy of his accounts prepared for or submitted to insurance companies. In 1998
Mr. Duvage gave a written undertaking to the College agreeing to meet professional standards of practice and professional billing practices. Between that time and 2004, Mr. Duvage submitted or permitted misleading accounts to be submitted to Great West Life Insurance. These included accounts for orthotics and orthopedic shoes where the client had not yet received them or had not yet paid for them; accounts for massage therapy services when physiotherapy services similar to those rendered previously were billed as physiotherapy services; accounts where the need for the products or services had not been assessed, reassessed or documented; accounts where the dates for the services were inconsistent with clinical records; and accounts where the documentation submitted to Great West Life in support of the claims was altered or rewritten.
In addition, some of the fees Mr. Duvage charged were excessive. Between about 1998 and 2004, Mr. Duvage failed to maintain the standards of practice of the profession relating to assessments, clinical reasoning, treatment, reassessments and documentation.
The Discipline panel accepted a Joint Submission on Finding. The panel ordered that:
Successful completion of a record keeping and business practices course within nine months of the Order, after which there will be up to ten monitoring assessments over two years.
Reimbursement to the College of the expenses of the assessment, courses and monitoring up to a maximum of $2,500.
Mr. Duvage to pay $7,500 towards the costs and expenses of the College investigation and prosecution.
The Panel consents to Mr. Duvage's spouse, who is a support person in Mr. Duvage's clinic, receiving payment during the period of the suspension of up to $1000 per week from the practice if it is operated by a locum. Mr. Duvage was permitted no other benefit, direct or indirect, during the suspension.
In assessing the proposed penalty order, the Panel considered those audiences with a vested interest in the matter – the public, the registrant and the profession. The College, which governs the self-regulating physiotherapy profession, is charged with the responsibility of protecting the public. The insurance company/industry represents a specific subset of the public. As the payor, the company must be respected by registrants and treated with integrity. Registrants must be held to account for failure to comply with the standards of practice of the profession.
Aggravating factors against Mr. Duvage included the College's serious concerns eight years ago over his standards of practice and the accuracy of his accounts to insurance companies. At that time Mr. Duvage gave an undertaking that he would meet professional standards of practice and professional billing practices. Mr. Duvage has breached that undertaking. The current findings again relate to issues of record keeping, billing practices, the submission of misleading accounts to insurers, charging excessive fees for some services and products, and failure to maintain the standards of the profession. The Discipline Panel considers that Mr. Duvage's conduct has demonstrated serious disregard for his professional obligations.
There were also mitigating circumstances. This was the first actual finding of professional misconduct against Mr. Duvage. He demonstrated a willingness to accept responsibility for his actions, to cooperate with the College in its investigation and, in the Panel's view, sincerely agreed to remediate his practice and billing methods.
This order gives notice that serious penalties will be imposed for failure to comply with professional obligations. It demonstrates to the public that professional misconduct is taken seriously by the College and is dealt with appropriately by the Discipline Committee.
The Panel believes that this penalty fulfills the intended purposes of public protection, punishment and individualized remediation for the registrant, and sends a message of deterrence to the professional membership.
