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Disciplinary Actions

Steven Anderson, Former RMT

Location:
Burnaby, BC
 
Date of Action:
June 14, 2021

Nature of Action: On October 8, 2020, the Registrar issued a citation to former RMT Steven Anderson under section 37 of the Health Professions Act. An amended citation was issued on April 8, 2021.

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

  1. On September 11, 2014, in the course of providing massage therapy to patient A.A., he:
    1. failed to comply with section 3(a) of Schedule D of the Bylaws then in effect, and committed professional misconduct or in the alternative unprofessional conduct, by inserting a finger of his hand beyond the patient’s labia majora and massaging the interior walls of her vagina without ensuring the patient was fully informed regarding assessment and treatment and provided consent;
    2. failed to comply with section 2(a) of Schedule C of the Bylaws then in effect, and committed professional misconduct or in the alternative unprofessional conduct, by engaging in sexual touching of the patient’s vagina;
    3. failed to comply with section 9(d) of Schedule D and section 1(1)(c) of Schedule C of the Bylaws then in effect by inserting a finger of his hand beyond the patient’s labia majora and massaging the interior walls of her vagina when doing so was outside the scope of practice of massage therapy in British Columbia; and
    4. failed to comply with a standard or limit on the practice of massage therapy imposed by the College under the Act, and committed unprofessional conduct, by inserting a finger of his hand beyond the patient’s labia majora and massaging the interior walls of her vagina, contrary to the Notice to the Profession Re: “Medical Electricity” and “Pelvic Floor Treatments”.
  2. On August 29 and September 11, 2014, having provided massage therapy to patient A.A., he failed to comply with section 4(a)(iv) and (v) of Schedule E of the Bylaws then in effect by not generating and maintaining a record of the patient’s health history and a treatment plan including objectives, treatments provided, instructions given, periodic reassessment findings and treatment revisions.
  3. On January 15, January 28, March 12, and April 4, 2014, in the course of providing massage therapy to patient B.B., he
    1. failed to comply with section 3(a) of Schedule D of the Bylaws then in effect, and committed professional misconduct or in the alternative unprofessional conduct, by massaging the area in the vicinity of the patient’s vulva without ensuring the patient was fully informed regarding assessment and treatment and provided consent;
    2. failed to comply with section 2(a) of Schedule C of the Bylaws then in effect, and committed professional misconduct or in the alternative unprofessional conduct, by engaging in sexual touching of the area in the vicinity of the patient’s vulva; and
    3. failed to comply with section 4(a)(iv) and (v) of Schedule E of the Bylaws then in effect by not generating and maintaining a record of the patient’s health history and a treatment plan including objectives, treatments provided, instructions given, periodic reassessment findings and treatment revisions.
  4. On January 31, 2014, in the course of providing massage therapy to patient C.C., he
    1. failed to comply with section 3(a) of Schedule D of the Bylaws then in effect, and committed professional misconduct or in the alternative unprofessional conduct, by massaging the following parts of the patient’s body without ensuring the patient was fully informed regarding assessment and treatment and provided consent:
      1. the patient’s labia and around the external opening of the patient’s vagina; and
      2. the patient’s ischiocavernosus muscle;
    2. failed to comply with section 2(a) of Schedule C of the Bylaws then in effect, and committed professional misconduct or in the alternative unprofessional conduct, by engaging in sexual touching of:
      1. the patient’s labia and around the external opening of the patient’s vagina; and
      2. the patient’s ischiocavernosus muscle;
    3. failed to comply with section 4(a)(iv) and (v) of Schedule E of the Bylaws then in effect by not generating and maintaining a record of the patient’s health history and a treatment plan including objectives, treatments provided, instructions given, periodic reassessment findings and treatment revisions;
    4. failed to comply with section 9(d) of Schedule D and section 1(1)(c) of Schedule C of the Bylaws then in effect by removing blackheads from the patient’s back by picking her skin with his thumbs when doing so was outside the scope of practice of massage therapy in British Columbia; and
    5. in the alternative to paragraph 4(d) above, failed to comply with section 3(a) of Schedule D of the Bylaws then in effect, and committed professional misconduct or in the alternative unprofessional conduct, by removing blackheads from the patient’s back by picking her skin with his thumbs without ensuring the patient was fully informed regarding assessment and treatment and provided consent.
  5. On February 28 or March 7, 2014, in the course of providing massage therapy to patient D.D., he failed to comply with section 9(d) of Schedule D and section 1(1)(c) of Schedule C of the Bylaws then in effect by diagnosing the patient with a medical condition, avascular necrosis, when making medical diagnoses was outside the scope of practice of massage therapy in British Columbia.
  6. On May 30, 2014, in the course of providing massage therapy to patient D.D., he
    1. failed to comply with section 9(d) of Schedule D and section 1(1)(c) of Schedule C of the Bylaws then in effect by inserting one finger of his hand beyond the patient’s anal verge and massaging the interior wall of the rectum, when doing so was outside the scope of practice of massage therapy in British Columbia; and
    2. failed to comply with a standard or limit on the practice of massage therapy imposed by the College under the Act, and committed unprofessional conduct, by inserting one finger of his hand beyond the patient’s anal verge and massaging the interior wall of the rectum, contrary to the Notice to the Profession Re: “Medical Electricity” and “Pelvic Floor Treatments”.
  7. On February 21, February 28, March 7, April 4, April 25, May 22, May 30, and June 12, 2014, having provided massage therapy to patient D.D., he failed to comply with section 4(a)(iv) and (v) of Schedule E of the Bylaws then in effect by not generating and maintaining a record of the patient’s health history and a treatment plan including objectives, treatments provided, instructions given, periodic reassessment findings and treatment revisions.
  8. On January 22, 2019, he failed to comply with section 69.3(1)(a) of the Bylaws and engaged in unprofessional conduct by providing massage therapy services to a patient identified as “J.C.” while his registration was suspended. Particulars of this allegation include that he massaged “J.C.’s” gluteal muscles, legs, back, neck, and shoulders.
  9. On January 22, 2019, he failed to comply with section 69.3(1)(a) of the Bylaws and engaged in unprofessional conduct by holding himself out as being a Registrant of the College while his registration was suspended. Particulars of this allegation include that he stated to a patient identified as “J.C.”: “This is part of how I’m different as a massage therapist than others.”
  10. On January 22, 2019, he failed to comply with section 69.3(1)(f) of the Bylaws by not prominently displaying a notice of suspension in a form and in an area approved by the Registrar, which stated the duration and reasons for the suspension.
  11. On July 9, 16, and 23, 2016 and August 2, 6, 15, 23, and 29, 2016, in the course of providing massage therapy to patient E.E., he
    1. failed to comply with section 3(1)(a)(vii) of Schedule E of the Bylaws then in effect by not keeping a clinical Health Care Record containing sufficient information to explain why the patient came to see him and what he learned from both the patient’s current medical history and the assessment;
    2. failed to comply with section 3(1)(a)(viii) of Schedule E of the Bylaws then in effect by not keeping a clinical Health Care Record containing a clear record of the specifics of any treatment plan, treatment provided and the patient’s response, any follow-up plan, and any recommendations or instructions for patient self-care; and
    3. failed to comply with section 3(2) of Schedule E of the Bylaws then in effect by not making every reasonable effort to ensure that the information contained in the Health Care Record was current, accurate, and complete.
  12. He committed professional misconduct or in the alternative unprofessional conduct in that:
    1. on December 6, 2017, in the course of an investigation, he provided misleading information concerning his records to the College investigator. Particulars of this allegation include that he submitted to the College investigator typewritten records which he represented were true and accurate copies of all his records that related in any way to his provision of massage therapy to patient F.F., when in fact he did not produce his contemporaneous records relating to patient F.F. and the records he did produce were created by him after he received the College’s request for records dated November 15, 2017;
    2. on April 18, 2018, in the course of an investigation, he advised the College investigator that he recorded the typewritten records he produced on December 6, 2017 on the same day as the treatment referenced in the records, when in fact he created them after he received the request for records dated November 15, 2017;
    3. on July 5, 2018, in the course of an investigation, he advised the College Director of Inquiry and Discipline that the typewritten records he produced on December 6, 2017 were reproduced from the originals and made to be more readable, when in fact the typewritten records were materially different from the originals;
    4. on November 7, 2018, in the course of an investigation, he provided misleading information concerning his records to the College investigator. Particulars include that he submitted to the College investigator typewritten records which he represented were true and accurate copies of all his records that related in any way to his provision of massage therapy to patient E.E., when in fact he did not produce his contemporaneous records relating to patient E.E. and the records he did produce were created by him after he received the College’s request for records dated October 23, 2018;
    5. on March 19, 2019, in the course of an investigation, he advised the College investigator that he recorded the typewritten records he produced on November 7, 2018 at the same time as the treatment referenced in the records, when in fact he created them after he received the request for records dated October 23, 2018;
    6. on January 7, 2019, in the course of an investigation, he provided misleading information concerning his records to the College investigator. Particulars include that he submitted to the College investigator typewritten records which he represented were true and accurate copies of all his records that related in any way to his provision of massage therapy to patient D.D., when in fact he did not produce his contemporaneous records relating to patient D.D. and the records he did produce were created by him after he received the College’s request for records dated December 21, 2018;
    7. on March 11, 2019, in the course of an investigation, he provided misleading information concerning his records to the College investigator. Particulars include that he submitted to the College investigator typewritten records which he represented were true and accurate copies of all his records that related in any way to his provision of massage therapy to patient B.B., when in fact he did not produce his contemporaneous records relating to patient B.B. and the records he did produce were created by him after he received the College’s request for records dated February 20, 2019;
    8. on March 12, 2019, in the course of an investigation, he provided misleading information concerning his records to the College investigator. Particulars include that he submitted to the College investigator typewritten records which he represented were true and accurate copies of all his records that related in any way to his provision of massage therapy to patient A.A., when in fact he did not produce his contemporaneous records relating to patient A.A. and the records he did produce were created by him after he received the College’s request for records dated February 25, 2019; and
    9. in June or July 2019, in the course of an investigation, he provided misleading information concerning his records to the College investigator. Particulars include that he submitted to the College investigator typewritten records which he represented were true and accurate copies of all his records that related in any way to his provision of massage therapy to patient C.C., when in fact he did not produce his contemporaneous records relating to patient C.C. and the records he did produce were created by him after he received the College’s request for records dated June 17, 2019.
  13. The conduct described above in paragraph 12(a) to (i) also constituted obstruction of the College investigator in the lawful exercise of her powers of investigation, contrary to s. 31(1) of the Act.
  14. The conduct described above in paragraph 12(a) to (i) also constituted a failure to respond to inquiries, requests, and directions from the College in a professional and responsive manner, contrary to s. 28 of the Code of Ethics then in effect.

Preliminary Decision:

On May 28, 2021, a panel of the Discipline Committee issued reasons for decision in respect of an application to hold the hearing in private and by video-conference. Read Reasons for Decision (PDF).

Hearing Dates and Location:

The hearing was held virtually on the following dates: June 14-18 and 21-25, 2021, commencing at 9:30 a.m. each day.

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

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