College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia

Julia Yu Cheng (02897)

Date of action: June 5, 2012

Description of action taken

On September 29, 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 a complaint received by a member of the public. 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 with terms that would ensure that the Registrant did not repeat the conduct.

Reasons for action taken

The Inquiry Committee was concerned that the Registrant:

  1. had practiced without mandatory professional liability insurance for almost six months, from August 31, 2011 to February 22, 2012;
  2. used the Doctor (Dr.) title without authority to do so;
  3. did not produce evidence supporting her claim that she is a medical doctor in China;
  4. is not entitled to include Ph.D CA KIN (Canada) on her business cards, brochures and other advertising materials;
  5. had failed to follow the “Clean Needle Technique” protocol as it pertains to hand-washing;
  6. had failed to ensure that sharp objects were disposed of prior to exceeding the over-fill line;
  7. had failed to maintain a complete clinical record for the Complainant, including informed consent to treatment, patient history, medications and a TCM diagnosis; and
  8. did not include informed consent to treatment, patient history, medications and a TCM diagnosis in her patient records.

Action taken

The Inquiry Committee requested, and the Registrant agreed to provide, her undertaking and consent to

  1. ensure that she maintains current professional liability insurance while practicing as an acupuncturist;
  2. refrain from using the “Doctor” title or any abbreviation of that title in relation to her practice;
  3. refrain from using the MD (China) title in relation to her practice;
  4. refrain from using the designation Ph.D CA Kin in relation to her practice;
  5. maintain properly documented clinical records for her patients;
  6. refrain from continuing to use over-filled sharps disposal units;
  7. not repeat the conduct of failing to document informed consent following a full explanation of a proposed treatment to a patient prior to administering the treatment;
  8. a reprimand in relation to her professional misconduct in failing to maintain proper clinical records;
  9. a reprimand for failing to follow proper hand-washing techniques as referenced in the „Clean Needle Technique” manual;
  10. a reprimand for using restricted title designations that she was not authorized to use;
  11. a suspension of her practice for 30 days commencing the date of the Order;
  12. pay a fine of $2,000.00 within 30 days of the date of the Order;
  13. attend a course on professional responsibility and clinical record-keeping within 6 months of the date of the Order;
  14. successfully complete the „Clean Needle Technique. course;
  15. cooperate with random spot audits by an inspector, at the Registrant.s cost, at any time during the next two years to review her clinical and billing records;
  16. carry out remedial work and/or training that the Inquiry Committee directs in the event that any areas of deficiency are identified by the inspector during the random spot audits; and
  17. pay $1,861.95 towards the College.s investigation costs in accordance with the tariff.