Lise Thibert (2006)

Following a hearing on January 25, 2006, a panel of the Discipline Committee of the College of Occupational Therapists of Ontario found that Ms. Lise Thibert engaged in professional misconduct by:

• engaging in conduct or performing an act relevant to the practice of the profession that having regard to all circumstances would be regarded as unprofessional.

Ms. Thibert and the College presented an agreed statement of facts, which was accepted by the Discipline Committee panel. Based on the agreed statement of facts, the panel found that in 2003, Ms. Thibert failed to follow up with the Assistive Devices Program (ADP) or with her client regarding an application for a powered scooter. Ms. Thibert failed to return her client’s phone calls. Ms. Thibert also failed to provide information to the College as requested.

In addition, in 2002 and 2003, Ms. Thibert acted improperly with respect to numerous ADP assessments, including by conducting an inaccurate and incomplete assessment; in some cases not conducting a trial of the assistive device; making recommendations for assistive devices (usually scooters) that were inappropriate and did not meet ADP criteria; failing to follow up adequately on outstanding applications to ADP; failing to follow up adequately upon delivery of the assistive device to the client; failing to provide a list of registered vendors in the geographical area; providing misleading information to clients and ADP about the eligibility of clients to assistive devices and participating in a system where the vendor directly or indirectly paid for the assessment costs, which is a conflict of interest. Ms. Thibert did not respond promptly or appropriately to communications from ADP, colleagues, clients and the College in respect of these matters and the resulting investigations.

Ms. Thibert admitted that her conduct constituted professional misconduct.

The College and Ms. Thibert proposed a joint submission on penalty, which was accepted by the Discipline Committee panel. Accordingly, the panel ordered:

1. That the certificate of registration of Ms. Thibert be suspended for a period of six months commencing on the date of this order;
   
   
2. That three months of the suspension shall, itself, be suspended on the condition that Ms. Thibert comply with the remainder of this order. The Registrar shall fix a date for the serving of the remainder of the suspension if any of the following terms, conditions or limitations have not been successfully completed by Ms. Thibert;
   
   
3. That it be a term, condition and limitation upon the certificate of registration of Ms. Thibert that Ms. Thibert not supervise other occupational therapists or students for a period of actual practice in Ontario of one year after the completion of the first three months of her suspension;
   
   
4. That it be a term, condition and limitation upon the certificate of registration of Ms. Thibert that Ms. Thibert ensure that performance review reports acceptable to the Registrar, be delivered to the Registrar for the first twelve months of actual practice as an occupational therapist in Ontario following the first three months of her suspension. A performance report shall be provided after each six months of actual practice of Ms. Thibert. Each performance report shall contain a chart review by Ms. Thibert’s supervisor (or an alternative person acceptable to the Registrar) of at least five randomly selected client charts. Each performance report shall also contain a section completed by an occupational therapist who attended with Ms. Thibert on at least two client visits during the six month period and which contains an assessment of Ms. Thibert’s overall assessment process, clinical reasoning, documentation and follow-up with each client. If Ms. Thibert’s supervisor and/or occupational therapist colleague is unable or unwilling to assist Ms. Thibert in fulfilling the obligations of this order, the Registrar shall appoint an external reviewer to perform a similar review at Ms. Thibert’s expense and Ms. Thibert shall cooperate fully with that review process;
   
   
5. That Ms. Thibert appear before a panel of the Discipline Committee to be reprimanded and that the fact of such a reprimand be recorded in the public portion of the register;
   
   
6. That Ms. Thibert pay a fine of $2,500 to the Minister of Finance and provide proof of having done so to the Registrar within one year of the date of this order;
   
   
7. That Ms. Thibert pay to the College $2,500 towards the costs and expenses of investigating and prosecuting this matter, payable in full within one year of the date of this order;
   
   
8. That each term, condition and limitation specified in this order be removed from Ms. Thibert’s certificate of registration when it has been completed to the satisfaction of the Registrar; and
   
   
9. Ms. Thibert also acknowledges in writing that under ss. 36(1) of the Regulated Health Professions Act the College can disclose information about this matter to other regulators.

The panel found that the proposed penalty was reasonable and in the public interest. The panel acknowledged that Ms. Thibert cooperated with the College and by agreeing to the facts and a proposed order, has accepted responsibility for her actions and has avoided unnecessary expense for the College.