Nature of Action: Pursuant to section 35(1)(a) of the Health Professions Act (the “Act”), a panel of the Inquiry Committee made an order to impose limits/conditions on Craig Hall’s registration with CMTBC in order to protect the public.
The limits/conditions on Mr. Hall’s practice of massage therapy are the following:
- CMTBC has selected and assigned an independent inspector (the “Supervisor”) who will place telephone calls to each new and existing female patient (the “Patient” or the “Patients”) treated by Mr. Hall while this order is in effect. The role of the Supervisor is to confirm that the treatment was appropriate and did not give rise to any ethical or professional concerns. The Supervisor will telephone the Patients at the following intervals:
- within seven days of the first treatment received by the Patient from Mr. Hall from the date of the Order (the “Initial Treatment”);
- within seven days of every fourth treatment following the Initial Treatment; and
- when five weeks have elapsed since the Patient’s most recent treatment, within seven days of that treatment.
- Mr. Hall must provide the Patient with a copy of a Patient Notification and Consent Form (the “Form”) in advance of the Initial Treatment and ensure that the Patient signs and dates the Form before the Initial Treatment. The purpose of the Form is to ensure that the Patient is aware of the College investigation concerning the Registrant, and to obtain their consent to be subsequently contacted by the Supervisor. Specifically, Mr. Hall must:
- Provide the Patient with a copy of the Form at least 24 hours in advance of the Initial Treatment with him.
- Ensure that the Patient signs, dates, and returns the Form to him before he provides treatment to the Patient.
- Retain a copy of the Form in his health care record for the patient.
- Submit a copy of each signed Form to the Supervisor within 24 hours after the Initial Treatment, along with the Patient’s telephone number.
(Note: A Patient who books repeat appointments with Mr. Hall while this order remains in effect need only sign and date the Form once.)
- Mr. Hall must notify the Supervisor within 24 hours of receiving notification that a Patient no longer wishes to be contacted by the Supervisor and has withdrawn their consent.
- Mr. Hall must undertake to be mindful of all future interactions with female patients, and to review and comply with the College’s boundaries standard of practice, having regard in particular to sections 1(d), 2(a), 4, 8(b), 10, 13, 20, 21, 23, and 24.
- The Supervisor will provide bi-weekly reports to the College which:
- list the names of each of the Patients that Mr. Hall has treated in the preceding two weeks and the number of times the Patient was treated during that time;
- list the names of each of the Patients to whom the Supervisor has spoken (as directed in paragraph 1(a), above), or, where the Supervisor has been unable to speak to a patient, the attempts made to speak to that patient;
- indicate whether the Patient has confirmed that the treatment was appropriate;
- Provide details if any Patient has reported inappropriate conduct.
Reasons: On August 24, 2021, CMTBC received a complaint from a female patient of the registrant (“Patient 1”). In relation to this complaint, the Inquiry Committee panel found that there was a prima facie case of allegations that Mr. Hall engaged in behaviour or remarks of a sexual nature towards Patient 1, and made disrespectful or unprofessional remarks.
On November 18, 2021, CMTBC received a complaint from another female patient of the registrant (“Patient 2”). In relation to this complaint, the Inquiry Committee panel found that there was a prima facie case of allegations that Mr. Hall pressed his groin against Patient 2’s body; obtained Patient 2’s address, attended at Patient 2’s home in person, and left her a gift (a boundary violation); made a remark of a sexual nature towards Patient 2; and engaged in an additional boundary violation.
The Inquiry Committee panel found that the majority of the alleged conduct is likely to recur, and that there is a real risk of harm to patients, colleagues and other members of the public if Mr. Hall were allowed to continue to practice without restriction. Therefore, the panel determined that the public must be protected by an interim order during the investigation and pending any discipline hearing.
The panel considered what interim measures would be sufficient and proportionate in this case. Having weighed the different options and the circumstances of this case, and having considered the impact on the registrant, the Inquiry Committee panel concluded that the above-described limits/conditions are proportionate and sufficient to protect the public during the investigation or pending a discipline hearing.
Important Note: Limits, conditions and suspensions ordered by the Inquiry Committee under section 35(1) of the Act are made to protect the public during an investigation or pending a hearing of the Discipline Committee. Measures taken under section 35(1) of the Act pertain to allegations which are and remain unproven unless admitted by a registrant or determined by the Discipline Committee.