Nature of Action: Dennis Desrochers voluntarily entered into a consent and undertaking agreement with the Inquiry Committee of the College. Mr. Desrochers agreed to the following terms:
Mr. Desrochers also agreed that until such time as the extensive remedial education referenced in section 4 is completed, his practice of massage therapy will be subject to a limit that he cannot treat female patients in the chest area, and specifically, the anterior lateral structures inferior to the clavicles superior to the xiphoid, pectoralis major, pectoralis minor, or serratus anterior. In addition, Mr. Desrochers agreed that if the remedial education is not completed by the dates specified by the Inquiry Committee, his registration with the College will be suspended until such time as he completes the remedial education.
Reasons: The Inquiry Committee received a complaint from a female patient who alleged that during a treatment in 2006, while she was lying face-up on the massage table, Mr. Desrochers folded the draping down to her waist to massage her breasts and chest area, such that the complainant’s entire upper body (including her breasts) was completely exposed to Mr. Desrochers’ view. When interviewed during the investigation of the complaint, the complainant stated that Mr. Desrochers did not advise her of alternate draping options and did not request or obtain her consent to undrape her entire upper body during the treatment.
As part of the agreement, Mr. Desrochers admitted to the following facts:
Mr. Desrochers acknowledged that by engaging in the conduct described above, he committed professional misconduct by violating section 7(2) of Schedule “D” of the College’s Bylaws in force at the applicable time (in 2006), which stated “during treatment, a Registrant shall arrange the draping so that only the part of a patient’s body that is being treated is exposed and all other parts are appropriately draped”.
The Inquiry Committee considered Mr. Desrochers’ conduct to be serious. The Inquiry Committee is satisfied that the undertaking and consent agreement in this matter appropriately reflects the seriousness of Mr. Desrochers’ conduct and will protect the public.