Nature of Action and Reasons: On June 14 to 17, and 25, 2021, a panel of the Discipline Committee convened to hear a formal citation issued to Steven Anderson. The citation set out allegations regarding Mr. Anderson’s conduct in relation to five female patients and one male patient. Mr. Anderson was a registered massage therapist at the time of the events described in the citation but ceased to be a registrant of the College of Massage Therapists of British Columbia (“CMTBC”) on February 1, 2019, when his registration was automatically cancelled due to his non-renewal of his registration. Prior to February 1, 2019, Mr. Anderson’s registration was suspended pending the completion of the investigation or a discipline hearing, whichever should come later.

In respect of the citation, the Discipline Committee panel issued a decision and reasons dated May 18, 2022.

Patient 1 (A.A.)

The panel found that in 2014, while providing massage therapy and having provided massage therapy to Patient 1, Mr. Anderson:

• inserted a finger or hand beyond Patient 1’s labia majora and massaged the interior walls of Patient 1’s vagina without ensuring that Patient 1 was fully informed regarding assessment and treatment and provided consent;
• engaged in sexual touching of the Patient 1’s vagina;
• failed to generate and maintain a record of Patient 1’s health history and a treatment plan including objectives, treatments provided, instructions given, periodic reassessment findings and treatment revisions.

The panel found that in 2019, during the investigation into Patient 1’s complaint, Mr. Anderson:

• provided misleading information to the CMTBC Investigator regarding the clinical medical records that he had produced in relation to his treatment of Patient 1.

The panel determined that by engaging in this conduct, Mr. Anderson breached sections 1(1)(c) and 2(a) of Schedule C of the CMTBC Bylaws then in effect, sections 3(a) and 9(d) of Schedule D of the CMTBC Bylaws then in effect, and section 4(a)(iv) and (v) of Schedule E of the CMTBC Bylaws then in effect. The panel also determined in relation to these findings that Mr. Anderson failed to comply with a standard or a limit imposed under the Health Professions Act (the “Act”) and that he committed professional misconduct and unprofessional conduct.

Patient 2 (B.B.)

The panel found that in 2014, while providing massage therapy and having provided massage therapy to Patient 2, Mr. Anderson:

• massaged the area in the vicinity of Patient 2’s vulva without ensuring the patient was fully informed regarding assessment and treatment and provided consent;
• engaged in sexual touching of the area in the vicinity of Patient 2’s vulva;
• failed to generate and maintain a record of Patient 2’s health history and a treatment plan including objectives, treatments provided, instructions given, periodic reassessment findings and treatment revisions.

The panel found that in 2019, during the investigation into Patient 2’s complaint, Mr. Anderson:

• provided misleading information to the CMTBC Investigator regarding the clinical medical records that he had produced in relation to his treatment of Patient 2.

The panel determined that by engaging in this conduct, Mr. Anderson breached section 2(a) of Schedule C of the CMTBC’s Bylaws then in effect, section 3(a) of Schedule D of the CMTBC’s Bylaws then in effect, and section 4(a)(iv) and (v) of Schedule E of the CMTBC Bylaws then in effect. The panel also determined in relation to these findings that Mr. Anderson committed professional misconduct.

Patient 3 (C.C.)

The panel found that in 2014, while providing massage therapy and having provided massage therapy to Patient 3, Mr. Anderson:

• massaged and engaged in sexual touching of the following parts of Patient 3’s body without ensuring that Patient 3 was fully informed regarding assessment and treatment and provided consent:
  • Patient 3’s labia and around the external opening of Patient 3’s vagina; and
  • Patient 3’s ischiocavernosus muscle;
• failed to generate and maintain a record of Patient 3’s health history and a treatment plan including objectives, treatments provided, instructions given, periodic reassessment findings and treatment revisions;
• removed blackheads from Patient 3’s back by picking her skin with his thumbs.

The panel found that in 2019, during the investigation into Patient 3’s complaint, Mr. Anderson:

• provided misleading information to the CMTBC Investigator regarding the clinical medical records that he had produced in relation to his treatment of Patient 3.

The panel determined that by engaging in this conduct, Mr. Anderson breached section 2(a) of Schedule C of the CMTBC Bylaws then in effect, sections 3(a) and 9(d) of Schedule D of the CMTBC Bylaws then in effect, and section 4 (a)(iv) and (v) of Schedule E of the CMTBC Bylaws then in effect. The panel also determined in relation to these findings that Mr. Anderson committed unprofessional conduct.

Patient 4 (D.D.)

The panel found that in 2014, while providing massage therapy and having provided massage therapy to Patient 4, Mr. Anderson:

• diagnosed Patient 4 with a medical condition, avascular necrosis, when making medical diagnoses is outside the scope of practice of massage therapy in British Columbia;
• inserted one finger of his hand beyond Patient 4’s anal verge and massaged the interior wall of the rectum; and
• failed to generate and maintain a record of Patient 4’s health history and a treatment plan including objectives, treatments provided, instructions given, periodic reassessment findings and treatment revisions.

The panel found that in 2019, during the investigation into Patient 4’s complaint, Mr. Anderson:

• provided misleading information to the CMTBC Investigator regarding the clinical medical records that he had produced in relation to his treatment of Patient 4.

The panel determined that by engaging in this conduct, Mr. Anderson breached section 1 (1)(c) of Schedule C of the CMTBC Bylaws then in effect, and section 9 (d) of Schedule D of the CMTBC Bylaws then in effect. The panel also determined in relation to these findings that Mr. Anderson breached a standard imposed under the Act, and that he committed unprofessional conduct.

Patient 5 (E.E.)

The panel found that in 2016, while providing massage therapy services to Patient 5, Mr. Anderson:

• failed to keep a clinical Health Care Record for Patient 5 containing sufficient information to explain why Patient 5 came to see him, and what he learned from both Patient 5’s current medical history and the assessment of Patient 5;
• failed to keep a clear record of the specifics of any treatment plan or treatment that he provided for Patient 5; and
• failed to ensure that the information contained in Patient 5’s Health Care Record was current, accurate, and complete.

The panel found that in 2018, during the investigation into Patient 5’s complaint, Mr. Anderson:

• provided misleading information to the CMTBC Investigator regarding the clinical medical records that he had produced in relation to his treatment of Patient 5.

The panel determined that by engaging in this conduct, Mr. Anderson breached sections 3(1)(a)(vii) and (viii), and 3(2) of Schedule E of the CMTBC Bylaws then in effect. The panel also determined that in relation to these findings Mr. Anderson committed professional misconduct.

Patient 6 (F.F.)

The panel found that in 2017 and 2018, during the investigation into Patient 6’s complaint, Mr. Anderson:

• provided misleading information to the CMTBC Investigator regarding the clinical medical records that he had produced in relation to his treatment of Patient 6.

The panel determined that by engaging in this conduct, Mr. Anderson committed professional misconduct.

Conclusion

In summary, the panel accepted the evidence of each of the complainants and found that the College had proved each of the allegations set out in the citation. The hearing will now proceed to a decision on penalty and costs, as outlined below.

The panel also found that in certain instances Mr. Anderson obstructed a College Investigator in the lawful exercise of powers of investigation, contrary to s. 31(1) of the Act, and that he failed to respond to inquiries, requests, and directions from the College in a professional and responsive manner, contrary to section 28 of the Code of Ethics, then in effect.

Read the full Reasons for Decision (PDF).

Following the issuance of the May 18, 2022, decision, the panel requested written submissions regarding the appropriate penalty and costs from CMTBC and Mr. Anderson. Submissions from CMTBC must be delivered to Mr. Anderson and to the panel by no later than June 10, 2022. Submissions from Mr. Anderson must be delivered to CMTBC and to the panel by no later than July 4, 2022. Reply submissions from CMTBC, if any, must be delivered to Mr. Anderson and to the panel by no later than July 11, 2022. Once the panel has issued a decision regarding penalty and costs, this public notice will be updated.