Investigation also finds registrant lied to insurance companies seeking information
The Ontario Massage Therapists Discipline Tribunal imposed a 10-month suspension on a registered massage therapist found to have committed professional misconduct by failing to maintain records for multiple clients and treatments and letting others issue false receipts using his signature.
In College of Massage Therapists of Ontario v. Yang, 2025 ONMTDT 29, the regulator made the following findings regarding record-keeping, false receipts, and false responses to insurance companies during its investigation.
Regarding record-keeping, the investigation determined that the registrant created no health or financial records for 66 treatments delivered to clients in their homes and instead kept a spreadsheet with billing dates, treatment durations, and prices, without names or identifiers. The registrant also maintained no health records for some clients at four clinics.
Regarding false receipts and false responses to insurers, the investigation delved into the following incidents:
- October 2017: The registrant issued four receipts for massage therapy services that did not occur.
- February 2018: The registrant permitted Lucky Health Centre to issue two pre-signed receipts with his name and registration number for treatments that an unregistered woman delivered to an undercover Manulife investigator. The registrant falsely told Manulife that he had delivered these treatments and sent the insurer copies of receipts that differed from those the clinic provided to the investigator.
- August 2019: The registrant allowed Li’s Acupuncture to issue four pre-signed receipts for treatments that an unregistered practitioner provided to another client. The registrant falsely confirmed to Sun Life that he had performed the treatments on the receipts.
- December 2019: The registrant treated a client at Aroma Day Spa in Hamilton, where Sun Life did not accept claims. The registrant provided pre-signed stickers, which were attached to a receipt stating that the treatment occurred at a Burlington clinic. Upon Sun Life’s inquiry, he took insufficient steps to verify the treatment.
The regulator alleged that the registrant failed to create records for certain clients and treatments, kept incomplete records, issued receipts for treatments he had not delivered, let others issue false receipts with his signature, and lied to insurance company investigators.
The registrant admitted to the record-keeping allegations and did not challenge the allegations regarding receipts and his communications with insurers.
The parties agreed that the penalty should be a reprimand, a 10-month suspension, individualized instruction in professional ethics, a record-keeping e-workshop, and three post-suspension compliance audits on billing and record-keeping practices. They also agreed on costs of $5,852.
Agreed penalty imposed
Upon finding misconduct as alleged, a panel of the Ontario Massage Therapists Discipline Tribunal accepted the parties’ joint submission on the penalty and awarded costs as agreed.
The panel called the registrant’s record-keeping “abysmal.” The panel said the registrant committed professional misconduct by failing to maintain the required records, breaching the regulator’s published standards, and engaging in disgraceful, dishonourable, or unprofessional conduct.
The panel determined that the registrant’s failure to keep the required records contravened Communication/Public Health Standard 14: Client Health Record (for treatments before Jan. 1, 2022) and the Guide to Record Keeping Requirements (for treatments on or after that date).
The panel explained that failing to keep records in line with the regulator’s standards placed the public at risk and negatively impacted public confidence in the massage therapy profession.
Regarding false receipts and responses to insurance companies, the panel found professional misconduct on the registrant’s part, including falsifying records for his practice, signing or issuing a document with a false statement, and engaging in disgraceful, dishonourable, or unprofessional behaviour.
The panel added that the registrant put clients at risk when he let others use his name and registration number for false claims for massages by unregistered persons. The panel noted that clients might have assumed a registered massage therapist was treating them.
The panel explained that false receipts, claims, and communications to insurers might increase the costs of employee benefit plans and jeopardize public confidence in the massage therapy profession.
