Nature of Action and Reasons: On November 30, 2020, a panel of the Discipline Committee was convened to hear a formal citation issued to Michael Henniger. The citation contained the charges that on or about October 31, 2017, in the course of providing massage therapy services to a patient (the “Patient”), Mr. Henniger:
At the time of the hearing on verdict (November 30, 2020), Mr. Henniger remained a registrant of CMTBC. His registration was automatically cancelled under CMTBC’s Bylaws on January 5, 2021, due to his failure to renew his registration.
The Discipline Committee panel issued a decision and reasons dated January 12, 2021. The panel found that all charges outlined in the citation were proven. The panel determined, pursuant to subsections 39(1)(a) and (c) of the Act, that by engaging in this conduct, Mr. Henniger failed to comply with the College’s Bylaws and engaged in unprofessional conduct. Specifically, he was found to have breached sections 1, 2, 3 and 10 of Schedule “D” to CMTBC’s Bylaws in effect at the applicable time, subsections 3(a)(vii) and (viii) of Schedule “E” to CMTBC’s Bylaws, and subsections 2, 4, 9 and 25 of CMTBC’s previous Code of Ethics. Read the full Reasons for Decision (PDF).
Following the issuance of the January 12, 2021 decision on verdict, the panel set a schedule for written submissions from the College and Mr. Henniger with respect to penalty and costs. Ultimately, the College and Mr. Henniger made a joint submission on penalty and costs, which the panel considered to be appropriate in the circumstances and to adequately address the College’s mandate to protect the public through specific and general deterrence.
On April 22, 2021, the Discipline Committee panel issued an order and reasons on penalty and costs. Specifically, the panel ordered that: