Professional Conduct report – February 2025

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Recent hearing outcome

CPSA Council dismisses Dr. Phu Truong Vu’s appeal of license cancellation for sexual abuse

The decision of a CPSA Hearing Tribunal to cancel the practice permit of Calgary physician Dr. Phu Truong Vu was upheld on appeal to a CPSA Council Appeal Panel.

In August 2022, Dr. Vu was found guilty of inappropriate and unsolicited behaviour during sensitive examinations of two patients, and his practice permit was immediately suspended pending sanction. Dr. Vu’s conduct with the second patient was found to meet the definition of sexual abuse under the Health Professions Act, as it occurred after the implementation of legislation which changed the definition of sexual abuse against patients by regulated health professionals.

In January 2024, the Hearing Tribunal ordered the cancellation of Dr. Vu’s practice permit and registration with CPSA, as required under legislation for health professions found guilty of sexual abuse against a patient. Dr. Vu was also ordered to pay costs totaling $10,000.

Dr. Vu appealed the Tribunal’s decision to find him guilty of sexual abuse and the order to cancel his practice permit. He argued that the Tribunal erred in its interpretation of sexual abuse, failed to consider the difference between an error in judgement and sexual abuse, and failed to retain its discretion to order a suspension of Dr. Vu’s practice permit as opposed to a cancellation (among other grounds of appeal).

CPSA’s Complaints Director cross-appealed the Tribunal’s decision on costs as being unreasonable and insufficient, considering the seriousness of Dr. Vu’s conduct.

A hearing took place in August 2024 before an Appeal Panel comprised of CPSA Councillors (both physician and public members). After considering arguments and carefully reviewing evidence from both parties, the Panel dismissed Dr. Vu’s appeal, upholding both the Tribunal’s finding that Dr. Vu’s conduct met the definition of sexual abuse and the order to cancel Dr. Vu’s practice permit. The Panel allowed CPSA’s cross-appeal of the costs sanction and adjusted the Tribunal’s order of $10,000, instead ordering that Dr. Vu be responsible for 51% of the total cost of the investigation and hearings. Dr. Vu has appealed the Panel’s decision to the Alberta Court of Appeal. The Appeal Panel’s written decision can be reviewed in full on CPSA’s website.

In October 2024, Dr. Vu was found guilty of an additional allegation of sexual abuse against a third patient. Sanctions in that case are still to be determined. Dr. Vu’s registration and practice permit remain cancelled and he is unable to provide health services in Alberta.