Nature of Action: Pursuant to s. 35(1)(a) of the Health Professions Act, RSBC 1996, ch. 183 (the “Act”), the Inquiry Committee (the “Committee”) made an order restricting Mr. Martin’s practice subject to certain conditions, including that Mr. Martin be chaperoned during each visit with a female patient during the Committee’s investigation and pending any hearing of the College’s Discipline Committee.
Reasons: The Committee initiated an investigation under section 33(4) of the Act after receiving correspondence from a patient containing allegations that Mr. Martin touched the patient in a non-therapeutic, sexual nature and lifted the draping sheet to look at the patient’s breasts and body. The Committee determined that the evidence established a prima facie case that Mr. Martin had engaged in that alleged conduct. The Committee was satisfied that the information available indicated that Mr. Martin represented a real risk to the public, due to the seriousness of the alleged conduct, the lack of any measures currently in place to protect the public, and a real probability of harm to the public. The Committee took immediate interim action it considered necessary to address immediate public protection concerns.