Lan ZHANG (03041)
Date of action: August 29, 2011
Description of action taken
The Inquiry Committee initiated an investigation in response to a report filed by a registrant of another regulatory body (the 'complainant') under s.32.2 of the Health Professions Act on October 21, 2010. 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 does not repeat the conduct.
Reason for decision
The Inquiry Committee was concerned that:
- the Registrant engaged in improper billing practices regarding billing information submitted to a third party insurer;
- the Registrant attempted to involve the Complainant in the improper billing scheme;
- the Registrant failed to maintain a full clinical record of the patient's health history;
- the Registrant failed to obtain an informed consent to treatment from the patient;
- the Registrant failed to record details of the acupuncture treatments provided to the patient, the patient's condition and the patient's progress; and
- the Registrant engaged in the unauthorized use of the Dr. (Doctor) title.
The Inquiry Committee passed a motion to seek a consent order under s. 36 of the Act. The Registrant agreed to give her undertaking and consent to the following terms as specified under s.36(1)(a),(b),(c) and (d) of the Act for the purposes of addressing the complaint:
- the Registrant undertakes not to repeat the conduct to which the matter relates, namely engaging in improper billing and failing to maintain accurate and complete clinical records;
- the Registrant consents to a reprimand for improper billing;
- the Registrant undertakes to pay a fine in the amount of $2,000.00 for her professional misconduct as it relates to improper billing;
- the Registrant consents to a 30 day suspension of her clinical practice for her professional misconduct as it relates to improper billing;
- the Registrant undertakes to obtain and record complete patient intake information including a full medical history, record of medications and infectious diseases, if any, and to obtain informed consent on all initial consultations with patients;
- the Registrant undertakes to record in the patient record details of the treatment provided together with the details of the patient's current condition and progress;
- the Registrant undertakes to attend and successfully complete a patient records workshop at her cost;
- the Registrant undertakes to immediately cease using the Dr. (Doctor) title and advertising herself as a Dr. (Doctor) until such time as she is registered as a Dr. TCM with the College;
- the Registrant consents to pay the sum of $613.12 towards the College's cost of the investigation as calculated in accordance with the tariff of costs established under s.19(1)(v.1) of the Act.