The following is a summary of a matter placed before a four member panel of the Discipline Committee of the College of Physiotherapists of Ontario on September 21, 2012.
In July 2011 the College received a mandatory report (termination) which prompted an investigation into Mr. Shah’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.
At the hearing, Mr. Shah admitted to the facts contained in the agreed statement of facts and confirmed that his actions constituted professional misconduct.
The Facts as Agreed to by the Parties
- At the material times, Mr. Shah was employed at ABC Company in Brampton, Ontario, doing in-home physiotherapy visits.
- On or about June 23, 2011, Mr. Shah acted inappropriately in relation to an elderly client who had fallen and become unconscious while Mr. Shah was at the client’s home.
- Mr. Shah failed to assess the client appropriately after the client fell.
- Mr. Shah quickly left the client’s home after the client fell, leaving the client’s wife to attend to her husband alone.
- Mr. Shah returned to the client’s home with an acquaintance after the ambulance arrived and Mr. Shah allowed the acquaintance to enter the client’s home without the client’s wife’s permission.
- Mr. Shah told the client’s wife that his acquaintance was his supervisor which was untrue.
- On or about June 24, 2011, Mr. Shah made a false verbal and written report to his employer regarding the incident of June 23, 2011, by reporting that he had stayed with the client, checked his vital signs and told the client’s wife to call 911, when in fact Mr. Shah did not do one or more of those things.
Summary of the Penalty as Ordered by the Panel
- Mr. Shah will receive a reprimand, the fact of which shall be recorded on the College register.
- Mr. Shah’s certificate of registration will be suspended for three months with six weeks suspended if Mr. Shah completes the PROBE ethics program within twelve months.
- There will be a term, condition and limitation on Mr. Shah’s certificate of registration requiring him to successfully complete the PROBE ethics course, at his own expense, within eighteen (18) months of the date of the discipline panel’s order.
- There will be a term, condition and limitation on Mr. Shah’s certificate of registration requiring him to successfully complete, at his own expense, a one-on-one ethics course following the completion of the PROBE program.
- The Registrar will be directed to impose a term, condition and limitation on Mr. Shah’s certificate of registration requiring him to complete, at his own expense, a first responder’s course approved by the Registrar, each year for the next three years.
- Mr. Shah is ordered to pay to the College costs in the amount of $4000.00 over a two year period.
Decision
The panel agreed that the facts set out in the agreed statement of facts would support a finding of professional misconduct and ordered a specified penalty consistent with the joint submission on penalty. In its decision and reasons the panel noted that it had considered both the aggravating and mitigating factors. The panel concluded that the penalty was reasonable and in the public interest. The member cooperated with the College and by agreeing to the facts and proposed penalty, has accepted responsibility for his actions.