College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia

Ke Qiang (Sam) CEN (03776)

Date of action: April 24, 2012

Description of action taken

In June, 2011, the CTCMA initiated an investigation under s.33 of the Health Professions Act, R.S.B.C. 1996, c. 183 (the "Act") in response to information received from Canadian Television (CTV) regarding a hidden camera investigation conducted at KK Acupuncture Clinic (the "Clinic") in Richmond, B.C. in which the Registrant provided acupuncture treatments. CTV alleged the Clinic engaged in online advertising for adult services and facilitating improper insurance claims. The CTV investigator was advised by the Clinic manager that he would receive a prostate massage or a "happy-ending" for $80 to $100. The CTV report also showed the Clinic manager offering to provide the undercover investigator with a receipt for acupuncture services that could be provided for reimbursement from the Medical Services Plan (MSP) or other health insurance plans. The investigator was told that the cost for services with a receipt was $100 while the cost for services without a receipt was $80. On June 9, 2011, the College obtained information that the Registrant was advertising the opening of a second clinic next door to the Clinic in the adult classified section of the Georgia Straight newspaper. Following the investigation, the Inquiry Committee determined under s.33(6)(c) of the Act to seek a consent order under s.36 of the Act on terms that would ensure that the Registrant did not repeat the conduct.

Reasons for action taken

The Inquiry Committee was concerned that:

  1. the Registrant knew or ought to have known that the Clinic located at unit 155 - 8151 Anderson Road, Richmond, B.C. was operating as an illegal bawdy house offering sexual services to its clients;
  2. the Registrant provided acupuncture treatment at the Clinic notwithstanding that it was not licenced for the provision of acupuncture services;
  3. the Registrant left clinical records for safekeeping with a non-registrant of the College and was unable locate or produce the clinical records for the College's investigation; and
  4. the Registrant failed to maintain complete clinical records including a TCM diagnosis (including tongue and pulse), complete medical history (including medications), documented informed consent and detailed visitation progress notes.

Action taken

The Inquiry Committee requested, and the Registrant agreed to provide, an undertaking and consent order on terms which require the Registrant to:

  1. refrain from repeating the conduct of providing treatment to patients at a location used as an illegal bawdy house;
  2. refrain from repeating the conduct of providing treatment to patients in a location that is not properly licenced for the provision of such services;
  3. refrain from repeating the conduct of failing to properly document and maintain clinical records for patients;
  4. receive a reprimand for professional misconduct with respect to his involvement in providing acupuncture services at an illegal bawdy house, his failure to ensure a business licence was in place at the location at which he was providing the services, his failure to ensure safekeeping of clinical records, and his failure to maintain proper clinical records;
  5. receive a suspension of his practice for 45 consecutive days;
  6. pay a fine of $5,000 to the College;
  7. attend and successfully complete a course on professional responsibility and clinical record-keeping;
  8. cooperate with random spot audits by an inspector appointed by the Inquiry Committee at any time during the next two year period, at his cost, for the purposes of ensuring that he is completing and maintaining proper clinical records and meeting proper standards of practice, and to carry out such further remedial work and/or training that the Inquiry Committee directs within the next three year period, at his cost, in the event that any areas of deficiency are identified; and
  9. pay a tariff of costs established under s.19(1)(v.1) of the Act.