On November 9, 2021, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Zafar Iqbal Mushtaq Shahbad to the Discipline Committee for a hearing.
The hearing took place on November 17, 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 November 17, 2022, on the penalty on November 17, 2022 and on costs on November 17, 2022.
After having considered all of the evidence, the panel found Zafar Iqbal Mushtaq Shahbad to have committed the following acts of professional misconduct:
- paragraph 1 (failing to maintain the standards of practice of the profession);
- 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 28 (signing or issuing a document containing a statement that the member knows or ought to know is false or misleading); and
- 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
Penalty
The panel ordered the following penalty, Zafar Iqbal Mushtaq Shahbad will:
- Receive a reprimand at the conclusion of the hearing (delivered on November 17, 2022)
- Successfully complete the PROBE program offered through CPEP
- Complete a review of tools, standards and resources
- Serve a four month suspension, on dates to be determined by the Registrar
- Only practice in long-term care or hospital settings
While Zafar Iqbal Mushtaq Shahbad is serving the suspension, he cannot cannot use the title Physiotherapist, PT or any abbreviation thereof. R Zafar Iqbal Mushtaq Shahbad’s name, PT title and/or registration number cannot be use for billing purposes while the suspension is being served
The panel also ordered Zafar Iqbal Mushtaq Shahbad to pay costs to the College in the amount of $2,500 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. Shahbad, being a physiotherapist is not a right, but rather, a privilege that comes with responsibilities. This includes appropriate business practices, good record keeping, and proper use of support personnel. It allows us to ensure proper billing practices, facilitate continuity of care and to assist and demonstrate the clinical decision making required to help our clients.
While we acknowledge the remorse that you express today, the findings of professional misconduct are serious. Falsifying clinical records and submitting inaccurate invoices could cause the public and insurers to lose confidence in the profession, and result in the public suffering from the consequences of loss of access to physiotherapy care. Ontario requires and deserves delivery of healthcare that meets professional standards.
It is the panel’s hope that complying with the penalties imposed will provide you with an opportunity to reflect on the behaviour that has brought you before us today. The panel has provided you with an opportunity to correct your behaviours and return to the profession.
Please view this as a second chance and try to learn from it. We collectively hope that we don’t see you in front of the Discipline Committee again. Should you appear before a disciplinary panel in the future, this proceeding will weigh heavily on penalty consideration at that time.
You can read the full decision of the Discipline Committee of the College of Physiotherapists of Ontario at: www.canlii.ca