Nature of Action: A section 39(2) order by consent under section 37.1 of the Health Professions Act, R.S.B.C. 1996, c. 183. The Inquiry Committee directed the issuance of eight citations for a discipline hearing to Dennis Desrochers, which were joined into a single citation. Following the issuance of the consolidated citation giving notice of a formal discipline hearing, Mr. Desrochers made a proposal to enter a consent order with the Inquiry Committee. Mr. Desrochers ultimately consented to an order by the Inquiry Committee that:

• his registration with CMTBC be cancelled effective June 15, 2022; and
• he is not eligible to apply for reinstatement of registration with CMTBC for a period of 5 years from the date of the order, that is, until May 4, 2027.

Mr. Desrochers will also pay to the College a portion of the costs of the investigations.

Given this resolution, a formal discipline hearing will not proceed.

Read Mr. Desrochers’ proposal (PDF).

Read the Consent Order (PDF).

Reasons: Mr. Desrochers made the following admissions:

• Patient 1:
  • On five or more occasions between April 2, 2012 and November 30, 2016, in the course of providing massage therapy to Patient 1, Mr. Desrochers committed professional misconduct by undraping the patient to her waist and exposing her breasts without informing the patient in advance of disrobing and draping options, which is a requirement for obtaining the patient’s full informed consent to undraping.
• Patient 2:
  • On five or more occasions between May 12, 2011 and August 22, 2018, in the course of providing massage therapy to Patient 2, Mr. Desrochers committed professional misconduct by undraping the patient to her waist and exposing her breasts without informing the patient in advance of disrobing and draping options, which is a requirement for obtaining the patient’s full informed consent to undraping.
  • In the course of providing massage therapy to Patient 2, Mr. Desrochers committed unprofessional conduct by engaging in an unprofessional communication with the patient relating to her bra and breast size.
• Patient 3:
  • On or around January 12, 2018, in the course of providing massage therapy to Patient 3, Mr. Desrochers committed professional misconduct by touching the patient’s breasts without ensuring that the patient was fully informed regarding assessment and treatment and that the patient provided informed consent to the treatment.
  • On or around January 12, 2018, in the course of providing massage therapy to Patient 3, Mr. Desrochers committed professional misconduct by undraping the patient to her waist and exposing her breasts when this was unnecessary.
• Patient 4:
  • On or around October 26, 2012, in the course of providing massage therapy to Patient 4, Mr. Desrochers committed professional misconduct by undraping the patient to her waist and exposing her breasts without informing the patient in advance of disrobing and draping options, which is a requirement for obtaining the patient’s full informed consent to undraping.
• Patient 5:
  • On or around August 7, 2015, in the course of providing massage therapy to Patient 5, Mr. Desrochers committed professional misconduct by undraping the patient to her waist and exposing her breasts without informing the patient in advance of disrobing and draping options, which is a requirement for obtaining the patient’s full informed consent to undraping.
  • On or around August 7, 2015, in the course of providing massage therapy to Patient 5, Mr. Desrochers committed professional misconduct by massaging the patient’s chest without ensuring that the patient was fully informed regarding treatment, which is a requirement for obtaining the patient’s full informed consent to treatment.
  • In the course of providing massage therapy to Patient 5, Mr. Desrochers committed unprofessional conduct by engaging in unprofessional communications with the patient relating to her breast size.
• Patient 6:
  • On or around May 27, 2016, in the course of providing massage therapy to Patient 6, Mr. Desrochers committed professional misconduct by undraping the patient to her waist and exposing her breasts without informing the patient in advance of disrobing and draping options, which is a requirement for obtaining the patient’s full informed consent to undraping.
  • On or around May 27, 2016, in the course of providing massage therapy to Patient 6, Mr. Desrochers committed professional misconduct by massaging the patient’s chest without ensuring that the patient was fully informed regarding treatment, which is a requirement for obtaining the patient’s full informed consent to treatment.
  • On or around May 27, 2016, in the course of providing massage therapy to Patient 6, Mr. Desrochers committed professional misconduct by engaging in an unprofessional communication with the patient relating to his own experience receiving massage.
• Patient 7:
  • On or around April 20, 2011, in the course of providing massage therapy to Patient 7, Mr. Desrochers committed professional misconduct by undraping the patient to her waist and exposing her breasts without informing the patient in advance of disrobing and draping options, which is a requirement for obtaining the patient’s full informed consent to undraping.
  • On or around April 20, 2011, in the course of providing massage therapy to Patient 7, Mr. Desrochers committed professional misconduct by massaging the patient’s breasts without ensuring that the patient was fully informed regarding assessment and treatment and that the patient provided informed consent to the treatment.
  • On or around April 20, 2011, in the course of providing massage therapy to Patient 7, Mr. Desrochers committed professional misconduct by engaging in an unprofessional communication with the patient relating to his own experience receiving massage.
• On two occasions between 2011 and 2018, Mr. Desrochers committed professional misconduct by using his hands to examine a patient’s breasts for indications of cancer when doing so was outside the scope of practice of massage therapy in British Columbia.

The Inquiry Committee noted that Mr. Desrochers agreed to cancel his registration and will not be eligible to apply for reinstatement of registration for a period of 5 years.

The Inquiry Committee noted that if Mr. Desrochers applies for registration after 5 years, he will not have an automatic right to registration; instead, his application will be addressed by the Registration Committee in accordance with section 20 of the Health Professions Act and the Bylaws of CMTBC, including as they may be amended. In the event of a future application for registration, Mr. Desrochers will be required to meet all legislative and bylaw requirements relating to registration, including those relating to good character; and pursuant to section 54(5) of the CMTBC Bylaws he will be required to satisfy the Registration Committee that his registration will not pose an undue risk to public health or safety or otherwise be contrary to the public interest.

The Inquiry Committee considered Mr. Desrochers’ admitted conduct to be serious. The Inquiry Committee is satisfied that the consent order in this matter appropriately reflects the seriousness of the admitted conduct and will protect patient safety through cancellation of Mr. Desrochers’ registration, meaning that Mr. Desrochers will no longer be authorized to practice as a registered massage therapist in BC.