College Takes Authority On The Business Practices Of Regulated Professionals

In a recent decision, the Ontario Superior Court of Justice held that while a regulator will only have jurisdiction over its members, the College of Physiotherapists of Ontario (the "College") can regulate the business practices of registered physiotherapists who own and manage their own clinics.

Background

In this case, four physiotherapists owned a rehabilitation clinic together (the "Registrants"). The Registrants waived the co-payment amounts (or the contribution of the insured person) for services provided to clients insured under an insurance company. However, the Registrants failed to inform the insurer of their waiver and charged the insurer for the full amounts of the services. As a result, the insurer paid 100% instead of 80% of the amounts billed. The College's Inquiries, Complaints and Reports Committee (the "Committee") decided that the Registrants would receive a verbal caution for this practice.