Nature of Action: On June 4, 2019, the Registrar issued two separate citations to Robert Morgan, a former registrant, under section 37 of the Health Professions Act. The two citations were in relation to his alleged conduct towards two female patients.

On August 2, 2019, the Inquiry Committee determined that the two citations should be joined in one citation, such that they would be heard at a single discipline hearing. Therefore, on August 12, 2019, the Registrar issued a single joined citation.

On March 4, 2020, the Inquiry Committee directed the issuance of an additional citation to Mr. Morgan, in relation to his alleged conduct toward a third female patient. The Inquiry Committee also determined that the third matter should be joined with the other two matters in a single citation, to be heard at one discipline hearing. Therefore, on March 31, 2020, the Registrar issued an amended citation.

The amended citation notifies Mr. Morgan that the Discipline Committee will conduct a hearing to inquire into his conduct as follows:

1. On or about September 18, 2015, in the course of providing massage therapy services to Patient 1, it is alleged that Mr. Morgan:
   
   1. massaged or otherwise touched Patient 1’s breasts for a non-therapeutic and/or sexual purpose;
   2. massaged Patient 1’s breasts without obtaining her informed consent; and further, or in the alternative
   3. failed to provide appropriate draping, by lifting the drape and exposing Patient 1’s breasts as she turned from a prone to an upward facing position.
2. On or about April 20, 2017, in the course of providing massage therapy services to Patient 2, it is alleged that Mr. Morgan:
   
   1. in his communications with Patient 2 prior to treatment:
      
      1. failed to describe appropriate disrobing and/or draping options, and/or
      2. made a statement advising Patient 2 to remove her clothing;
   2. massaged or otherwise touched Patient 2’s buttocks for a non-therapeutic and/or sexual purpose;
   3. massaged or otherwise touched Patient 2’s breasts for a non-therapeutic and/or sexual purpose;
   4. touched Patient 2’s nipples;
   5. massaged Patient 2’s breasts, buttocks and/or abdominal area without obtaining her informed consent; and further or in the alternative,
   6. failed to provide appropriate draping, by leaving Patient 2’s breasts and/or buttocks exposed when you were not treating that area of her body.
3. On or about February 3, 2017, in the course of providing massage therapy services to Patient 3, it is alleged that Mr. Morgan:
4. 1. told Patient 3 that it was necessary to expose her breast to provide treatment, which was untrue;
   2. massaged or otherwise touched Patient 3’s breast for a non-therapeutic and/or sexual purpose; and further, or in the alternative,
   3. failed to provide appropriate draping, by exposing Patient 3’s breast when there was no therapeutic reason to do so and/or for a sexual purpose.

It is alleged that by engaging in this alleged conduct, Mr. Morgan:

1. has not complied with the Health Professions Act or a bylaw;
2. has not complied with a standard imposed under the Health Professions Act, namely the College’s Code of Ethics;
3. has committed professional misconduct or unprofessional conduct; and further, or in the alternative,
4. has incompetently practiced massage therapy.

Select Preliminary Decisions: On December 16, 2019, a panel of the Discipline Committee issued reasons for decision in respect of an application to hold the discipline hearing in private. 

Read Reasons for Decision (PDF).

On July 17, 2020, a panel of the Discipline Committee issued reasons for decision in respect of an application to hold the portion of the discipline hearing relating to Patient 3 in private. Read Reasons for Decision (PDF).

On October 27, 2020, a panel of the Discipline Committee issued reasons for decision in respect of an application that the hearing be held by video-conference (among other requests). Read Reasons for Decision (PDF).

Hearing Dates and Location: The hearing was held virtually on December 14 and 15, 2020.

Important Note: Citations issued by the Inquiry Committee under section 37 of the Health Professions Act involve allegations which are and remain unproven unless admitted by a registrant (or former registrant) or determined by the Discipline Committee.

Update: The discipline hearing has now concluded. The Discipline Committee panel has issued decisions on verdict and on penalty and costs. Read the public notice relating to this decision, dated October 26, 2021.