Referred to Discipline Committee on August 18, 2021
STATEMENT OF SPECIFIED ALLEGATIONS
1. John Somerton (the “Registrant”) registered with the College of Homeopaths of Ontario (the “College”) on or about May 16, 2016.
Lymphatic Drainage Massage
2. On or about March 24, 2021, a Client attended the Registrant’s clinic for a lymphatic drainage massage.
3. It is alleged that lymphatic drainage massage is not within the scope of practice of a homeopath.
4. It is alleged that the Registrant did not have sufficient training and/or competency to provide lymphatic drainage massage.
5. It is alleged that the Registrant did not obtain the Client’s health history.
6. It is alleged that the Registrant did not obtain sufficient consent from the Client.
7. It is alleged that during the lymphatic drainage massage, the Registrant exposed and/or touched and/or massaged the Client’s breasts without her consent.
Acts of Professional Misconduct
8. It is alleged that the above noted conduct constitutes professional misconduct pursuant to section 51(1)(b.1) of the Health Professions Procedural Code, being Schedule 2 to the Regulated Health Professions Act, 1991 as the Registrant sexually abused the Client, more specifically he touched the Client in a sexual nature.
9. It is also alleged that the above noted conduct constitutes professional misconduct pursuant to section 51(1)(c) of the Health Professions Procedural Code, being Schedule 2 to the Regulated Health Professions Act, 1991 as set out in one or more of the following paragraphs of section 1 of Ontario Regulation 315/12 made under the Homeopathy Act, 2007:
a. Paragraph 1 – Contravening, by act or omission, a standard of practice of the profession or failing to maintain the standard of practice of the profession;
b. Paragraph 3 – 3. Doing anything to a patient for a therapeutic, preventative, palliative, diagnostic or other health-related purpose except,
i. with the informed consent of the patient or the patient’s authorized representative, or
ii. as required or authorized by law;
c. Paragraph 8. Attempting to treat a condition that the member knows or ought to know he or she does not have the knowledge, skills or judgment to treat;
d. Paragraph 9 - Failing to advise a patient or the patient’s authorized representative to consult another member of a health profession within the meaning of the Regulated Health Professions Act, 1991, where the member knows or ought to know that the patient requires a service that the member does not have the knowledge, skills or judgment to offer or is beyond his or her scope of practice;
e. Paragraph 48 - Engaging in conduct or performing an act relevant to the practice of the profession that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional; and/or
f. Paragraph 49 - Engaging in conduct that would reasonably be regarded by members as conduct unbecoming a member of the profession.