Nature of Action: An undertaking and consent of the registrant under section 33(6)(c) of the Health Professions Act (the “Act”) providing for limits and conditions on the registrant’s practice, including:

• an undertaking not to use a cell phone, or any other personal electronic device with photography or video recording capacity, while providing massage therapy services to patients;
• an undertaking to pay the College $150 in costs; and
• an undertaking to pay to the College a fine. 

Reasons: The College received a complaint from a former female patient of the registrant (the “Complainant”), alleging that the registrant was holding a cell phone while providing massage therapy to her as she lay face-down on a massage table, and that it made the former patient uncomfortable and scared.

The registrant admitted to using his cell phone with one hand while providing massage therapy to the patient during two massage therapy sessions. The registrant admitted to engaging in professional misconduct and to contravening sections 75(a) and (b) of the College’s Bylaws, section 1(1)(a) of the Code of Ethical Conduct, being Schedule “C” to the College’s Bylaws, and section 9(a) of the Standards of Practice, being Schedule “D” to the College’s Bylaws.