College of Traditional Chinese Medicine Practitioners and Acupuncturists of British Columbia

Dong (Tony) LIN (04218)

Date of Action: May 23, 2015

Description of action taken

On May 8, 2015, the CTCMA Inquiry Committee initiated an investigation under s. 33(4) of the Health Professions Act (the "Act") based on a notice from the Ministry of Justice (Criminal Justice Branch) that the Registrant had been charged with sexual assault under the Criminal Code for his allegedly moving a draping blanket and licking a female patient's clitoris. Due to the seriousness of the allegation and surrounding circumstances, the Inquiry Committee placed conditions and limitations on the Registrant's practice pursuant to s. 35 of the Act pending resolution of the matter under the Act or further order by a competent committee.

The Inquiry Committee ordered that the Registrant only practice on females in the presence of an approved chaperone, and that he post appropriate notices in the clinic, unless he undertook to practice only on male patients and post appropriate notices in the clinic, or unless he undertook to not practice. The Registrant undertook not to practice pending disposition of the matter, and the Inquiry Committee accepted his undertaking to not provide Traditional Chinese Medicine services, which he agrees involves the promotion, maintenance and restoration of health, and prevention, assessment and treatment of a disease, condition, disorder or imbalance, based on traditional Chinese medicine theory or principles, or using primary traditional Chinese medicine therapies, including Asian body work, acupuncture, Tui Na, massage, energy control therapy, rehabilitation exercises, and prescribing, compounding or dispensing Chinese herbal formulae and Chinese food cure recipes.

Reasons for action taken

The allegation of sexual assault in the course of treatment raises serious safety concerns, as proper traditional Chinese medicine techniques do not encompass sexual touching of any nature. The alleged unprofessional conduct is serious because of its sexual nature, and is at the high end of the sexual misconduct spectrum. The Panel was satisfied the alleged conduct and circumstances established a prima facie case of a risk to the public, and was sufficiently serious to warrant extraordinary action to protect the public.

The Panel determined that terms requiring that the Registrant only provide services to female patients under the supervision of an approved chaperone, with a requirement for posted notices of the need for such a chaperone, would balance the need to protect female patients with the Registrant’s interest in earning a livelihood until a disposition of the matter. The Panel also determined that if the Registrant undertook to only treat male patients, a requirement for posted notices that he may only treat male patients would balance the need to protect female patients with the Registrant’s interest in earning a livelihood until a disposition of the matter. The Registrant requested, for personal reasons, that he also be given the option of undertaking to not practice at all, pending a disposition of the matter. The Panel recognized that such an undertaking would also protect female patients pending a disposition of the matter.