H. Douglas Fearman

ACKNOWLEDGEMENT & UNDERTAKING

BETWEEN:

College of Physiotherapists of Ontario

-and-

H.Douglas Fearman, Registration Number 04261

I, Douglas Fearman, acknowledge and undertake to the College of Physiotherapists of Ontario (“College”) as follows:

1. I acknowledge that allegations about my practice as they relate to sexual misconduct have been referred to the Discipline Committee of the College of Physiotherapists of Ontario (the “College”). 
2. I acknowledge that I have voluntarily agreed to enter into an Agreed Statement of Facts with the College with respect to this Discipline matter and to admit to professional misconduct on paragraphs 1 (failing to maintain the standards of practice of the profession), 18 (disgraceful, dishonourable or unprofessional conduct) and 19 (conduct unbecoming a physiotherapist) of s.1 of the Professional Misconduct Regulation 388/08.
3. I have resigned my membership and certificate of registration with the College effective April 1 2019. 
4. I acknowledge and agree that, having regard to my resignation from the College and my providing an original copy of this Undertaking as executed by me, the College will proceed with the hearing of the allegations set out in the Notice of Hearing dated January 31, 2018, but agrees not to proceed  on the allegations of sexual abuse and false or misleading invoices (under paragraphs 10, 32 and 33 of the Professional Misconduct Regulation).
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 or in another jurisdiction after the effective date.
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 for a certificate of registration. 
7. I acknowledge that 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 practise in Ontario as a physiotherapist/physical therapist and I will not be entitled to imply that I am a physiotherapist/physical therapist in Ontario.
8. I acknowledge that the College is required to include the fact of my resignation and the fact of this undertaking on the College register.
9. I acknowledge that the College will post a copy of this Acknowledgment and Undertaking on the College register and on the College website.
10. I undertake to voluntarily provide the College the sum of $5,000 for the College’s therapy fund, which payment shall be made in monthly installments of $1,000 a month commencing December 1, 2019. 
11. I acknowledge that I have obtained legal advice prior to entering into this Undertaking.

H Douglas Fearman 

Registration Number 04261

Case Number: 2017 0153

On January 31, 2018 the Inquiries, Complaints and Reports Committee referred a matter involving H Douglas Fearman to the Discipline Committee for a hearing. The hearing was held on May 13, 2019. 

Overview of the Allegations

The allegations refer to the following headings of professional misconduct:

a. paragraph 1 (failing to maintain the standards of the profession);

b. paragraph 10 (sexually abusing a patient);

c. 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);

d. paragraph 19 (conduct unbecoming a physiotherapist);

e. paragraph 32 (submitting an account or charge for services that the member knows or ought to know is false or misleading);

f. 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. Fearman had committed several act(s) of professional misconduct and they ordered the following penalty. The College withdrew allegations related to paragraphs 10, 32 and 33.

1. Requiring the Member to appear before the panel of the Discipline Committee to be reprimanded at the conclusion of the hearing on May 13, 2019.
2. Pursuant to the Member’s consent, directing the Member to pay $5,000 to the College’s fund for therapy/counselling for patients, to be paid by June 30, 2020.
3. Directing the Member to pay $5,000 in costs to the College by June 30, 2020.

The Discipline Committee publishes its decisions on Canlii www.canlii.org.