The following is a summary of a matter placed before a five member panel of the Discipline Committee of the College of Physiotherapists of Ontario on May 22, 2012, August 13, 2012 and March 21, 2013.
Allegations
In late 2009 the College received information which prompted an investigation into Mr. Bayat’s conduct. At the conclusion of the investigation the Inquiries, Complaints and Reports Committee of the College referred the matter to the Discipline Committee for a hearing.
The Facts as Agreed to by the Parties
Misrepresentations to the College
On his 2008 application for registration Mr. Bayat advised that he had completed 1750 practice hours overseas over a three year period when this was not the case.
Offences under the Regulated Health Professions Act
On May 12, 2008 Mr. Bayat pled guilty to one count of unauthorized performance of a controlled act. Mr. Bayat failed to report this information to the College.
Misrepresentation to Employers
On various occasions in 2009 Mr. Bayat distributed copies of his resume to prospective employers. Mr. Bayat advised that he had a Masters Degree in Rehabilitation Sciences from McGill University which is not true. He advised that between 2001 and 2008 he worked in the Unites States as a locum which was not true.
Practising Using a Name Inconsistent with the Register
Mr. Bayat legally changed his name to Zak Alastair Bayfield in July 2006. When he submitted his 2008 application for registration (after having resigned from the profession in 2004) he did not advise the College of the name change and submitted the application for registration as Zak Bayat. Mr. Bayat practiced at various facilities in 2008 and 2009 using the names Zak Bayfield and Zack Daniel Bayat neither of which was his name as entered on the register.
The Member’s Plea
At the hearing, Mr. Bayat admitted to the allegations and the fact that his actions constituted professional misconduct.
Decision
The panel of the Discipline Committee was then required to consider what the appropriate outcome would be. The panel confirmed that Mr. Bayat had committed numerous acts of professional misconduct and ordered the following penalty:
- That he appear before a panel of the Discipline Committee to receive a reprimand
- That his certificate of registration be suspended for a minimum of 12 months or until such time that he completes the ProBe ethics course
- That he pay the College costs in the amount of $25,000 to cover some of the costs of investigating and prosecuting the case
Mr Bayat appealed the suspension part of the Order and the Order on costs. The matter was heard in Divisional Court on November 12, 2014. The decision of the panel was upheld. The suspension will commence November 27, 2014.
For up to date information regarding Mr Bayat’s certificate of registration please view his registration profile on the public register: www.collegept.org