Unlicensed acupuncturist avoids jail but is ordered to pay legal costs
Lawyer says provincial regulator is satisfied with conclusion
An acupuncturist who continued offering her services even after having her licence suspended has been ordered to pay the legal fees related to her court matter for the Newfoundland and Labrador Council of Health Professionals.
The decision came down earlier this week in a sentencing hearing for Xiao Hong Liu at the Supreme Court of Newfoundland and Labrador.
The council, the regulatory body that oversees acupuncturists, found Liu offered acupuncture services numerous times since her licence was suspended in 2020 — as did a CBC News investigation — leading to a pair of guilty findings.
During the court proceedings, Liu was found in contempt of court twice for violating orders to stop practising acupuncture and skipping court proceedings. In late September she was taken into custody for one night after failing to appear before court and released from custody after promising to no longer offer acupuncture.
The NLCHP's lawyer, Ryan Belbin, said the outcome is positive for all those involved.
"Practising without a licence is an extremely serious offence; there is no way for potential clients to be assured that proper processes and safeguards are being followed," said Belbin in a statement to CBC News. "There is a real concern that if something goes wrong, professional liability insurance may well be voided by the lack of a licence."
The council began legal proceedings not to have Liu incarcerated but to protect the public, said Belbin.
"After serious discussion, it was clear to the NLCHP that to the degree that the court process could assist this matter, it had fulfilled that role," he wrote.
Belbin said the amount Liu will have to pay the council hasn't been calculated yet but suggested it could be a significant bill, adding she already has to pay $46,000 from the council's adjudication tribunal decision.
In August the regulator ruled it would permanently strike Liu's name from its membership. The decision also called Liu "ungovernable" and ordered her to pay $46,838 to cover the costs of the investigation and hearing.
Rehabilitation versus punishment
Belbin also noted Liu's case had become a public matter and resulted in the closure of her clinic on Elizabeth Avenue.
While there is case law suggesting 30 to 90 days' imprisonment was a possibility in cases of this nature, he said, the circumstances of this particular case suggested such a penalty wouldn't have rehabilitative effect.
"It would become 'punishment for punishment's sake,'" he said.
Belbin said the council is satisfied with the decision. Liu's lawyer, Donald Powell, declined to comment on behalf of his client.
Liu has legally practised acupuncture in St. John's but after 2019 complaint filed about the cleanliness of her business, she refused to take part in the disciplinary process and her licence was suspended by the regulator in 2020.
When Liu continued to practise without a licence, the regulator secured a court-ordered injunction. When she still failed to stop practising, Justice Glen Noel found her in contempt of court and had her supplies seized in July.
In July, after Liu's Regatta Plaza office had been raided by sheriff's officers, a CBC News producer went undercover and was able to book a consultation, during which Liu offered to provide acupuncture, telling CBC producer she was licensed to practise acupuncture in the province.
Liu was evicted from her office within days of the CBC story.
However, Belbin told the court in September that the regulator's deputy registrar was able to book an appointment with her again Aug. 16, at Liu's home address.
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With files from Ryan Cooke
