The Situation

In the summer of 2012, the College received a report from a homecare company letting us know that they had fired a physiotherapist, Mr. Shah. As with all reports, the College reviewed the information it received, and in this case, made the decision to launch an investigation into Mr. Shah’s conduct.

Through the investigation the College learned that Mr. Shah had been providing physiotherapy to an elderly patient when he fell. Instead of assessing his patient, Mr. Shah left the unconscious patient and his wife alone in the house, only returning later when the ambulance arrived. Mr. Shah brought a friend back to the house who he falsely presented as his supervisor. Mr. Shah then went on to provide an untrue verbal and written report about what had happened to his employer. When his employer learned the real facts, they fired him.

When Mr. Shah was brought before the College Discipline Committee for this incident, he admitted to professional misconduct and was given a 6-week suspension, along with terms, conditions and limitations being put on his certificate.

However during his suspension, Mr. Shah continued to work as a PT. He did not communicate his suspension to clinic employees, aside from directing the billing department to use his business partner’s name and registration number. He did not tell patients he was under suspension and limited to a support role, and continued to take on new patients and do assessments (not something a support person has authority to do).

The College became aware that Mr. Shah was working while suspended when we received a call from a member of the public.

The Consequences

The Discipline Committee considered Mr. Shah’s blatant disregard for the College’s suspension of his certificate of registration when deliberating about his case. The Committee was committed to serving the public interest and demonstrating the seriousness of repeated dishonesty and ignoring the College’s decision.

This time, Mr. Shah’s certificate of registration was suspended for 9 months, immediately following the hearing.

He also received a reprimand from the Committee Chair who expressed the Committee’s dismay at seeing him once again related to a lack of truthfulness.

The Chair read him the College’s position on inappropriate business practices. “The public interest depends on the integrity of the profession. Protecting the integrity of the profession demands a zero tolerance of inappropriate business practices.” He was told that should he return a third time, the penalty would be considerably more serious.

Mr. Shah was required to pay the College $12,000 to cover the College costs for the investigation and hearing. 

Read the Standard: Fees & Billing
Read the Standard: Physiotherapists Working with Physiotherapist Support Personnel
Read the Standard: Record Keeping
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Professional Misconduct Regulation