On June 3, 2021, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Mahmood Kalbasy to the Discipline Committee for a hearing.
The hearing took place on March 8, 2022. This matter was resolved by way of an Agreed Statement of Facts and a Joint Submission on Penalty.
Finding
The panel of the Discipline Committee issued a decision on the finding on March 8, 2022, on the penalty on March 8, 2022 and on costs on March 8, 2022.
After having considered all of the evidence, the panel found Mahmood Kalbasy to have committed the following acts of professional misconduct:
- paragraph 1 (failing to maintain the standards of practice of the profession);
- paragraph 15 (contravening a federal, provincial or territorial law relevant to the member’s suitability to practice);
- paragraph 18 (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);
- paragraph 26 (failing to keep records in accordance with the standards of practice of the profession);
- paragraph 27 (falsifying a record);
- paragraph 28 (signing or issuing a document containing a statement that the member knows or ought to know contains a false or misleading statement);
- paragraph 32 (submitting an account or charge for services that the member knows or ought to know is false or misleading);
- paragraph 33 (failing to take reasonable steps to ensure that any accounts submitted in the member’s name or billing number are fair and accurate);
- paragraph 40 (continuing the treatment of a patient where it is no longer indicated, has ceased to be effective or is unnecessary).
Penalty
The panel ordered the following penalty, Mahmood Kalbasy will:
- Receive a reprimand at the conclusion of the hearing (delivered on March 8, 2022)
- Serve a suspension for the period of seven months, the first two months with be served from March 31, 2022 up to and including May 30, 2022. The remaining five months will be served as directed by the Registrar
- Complete a review of tools, standards and resources
- Successfully complete (receive an unconditional pass) from the ProBE course
- Meet with a practice coach for a maximum of eight occasions within a two-year period
- Not practice as a physiotherapist assistant (PTA) during the periods of suspension
While Mahmood Kalbasy is serving their suspension they shall not use the title Physiotherapist, PT or any abbreviation thereof nor can their name, PT title and/or registration number be used for billing purposes.
The panel also ordered Mahmood Kalbasy to pay costs to the College in the amount of $5,000 to offset some of the costs associated with investigating and prosecuting this case.
As a part of the penalty the Committee also issued a reprimand which read as follows:
Mr. Kalbasy you have been found to be in violation of the college standards. Your actions have been described as insurance fraud in this hearing. Had it not been a joint submission by you and the College, this panel would have imposed a much stricter penalty.
Your conduct is despicable and jeopardizes the future relationship between the physiotherapy profession and insurers. It undermines the integrity and brings disrepute to the profession. The College has a zero tolerance policy for inappropriate billing practices and we hope that the profession in general takes note of the serious penalties that have been imposed. The Panel is troubled by your lack of appropriate record keeping and the implication that has regarding the quality of care provided. We expect that when you resume your practice you will strictly adhere to all of the Standards of the profession.
We do wish to acknowledge your cooperation with the College, the unfortunate circumstances in your personal life, and that you have no prior history with the College. We expect you to put your full efforts into completing the rehabilitative portions of this penalty.
We do not expect to see you appear before a panel of this College again. And, I’m sure you will understand that, should you reappear for similar conduct, the consequences will be most serious.
You can read the full decision of the Discipline Committee of the College of Physiotherapists of Ontario at: www.canlii.ca