On January 18, 2022, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Bibu Thomas to the Discipline Committee for a hearing.
Finding
The hearing took place on August 10, 11, 22, and 24, September 29, December 1, 2, and 23, 2022. Written submissions were provided by the parties on December 19, 2022, and on February 21 and 22, 2023.
The panel of the Discipline Committee issued a decision on finding on July 15, 2024.
After having considered all of the evidence, the panel found Bibu Thomas 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, dishonourable, disgraceful or unprofessional)
Penalty
The panel ordered the following penalty on October 25, 2024, Bibu Thomas will:
receive a reprimand at the conclusion of the hearing (delivered on October 25, 2024)
- serve a 15 month suspension
- review a number of Standards of practice for the profession and supportive resources
- successfully complete the PB-24 extended course offered through PBI education
- Bibu Thomas cannot provide services as a physiotherapy assistant (PTA) until this requirement has been successfully completed. Bibu Thomas will also need to meet certain requirements to provide services as a PTA.
- participate in practice enhancement coaching
- Bibu Thomas will not be able to treat patients under the age of 19 until the coaching is successfully completed
- not supervise physiotherapy assistants (PTAs), physiotherapy assistant students or physiotherapy students until all components of the order have been successfully completed
- not be permitted to supervise registrants of the College who hold a provisional practice certificate of registration until Bibu Thomas can demonstrate that they meet the eligibility criteria to be a Practice Supervisor to the satisfaction of the Registrar
While Bibu Thomas is serving the suspension, they:
- Cannot use the title Physiotherapist, PT or any abbreviation there of
- Cannot use their name, PT title and/or registration number cannot be use for billing purposes
The panel also ordered Bibu Thomas to pay costs to the College in the amount of $40,000 to offset some of the costs associated with investigating and prosecuting this case.
As a part of the penalty, the Committee issued a reprimand which read as follows:
Mr. Thomas, as you are aware, this disciplinary panel has ordered that you receive an oral reprimand as part of the penalty for your actions. This reprimand will be recorded in the public portion of the register and will remain a permanent part of your professional record.
The Panel is deeply concerned and dismayed by your conduct. Your actions were not merely unprofessional; they were clearly dishonorable and particularly disgraceful. The Panel was appalled by your lack of proper clinical reasoning and the decision-making that led to the use of unorthodox manual therapy techniques Most alarming, however, was your blatant disregard for proper draping practices, compromising patient dignity and privacy. This failure to adhere to fundamental standards of care is egregious and cannot be excused.
Particularly troubling is the fact that your poor judgment occurred while working with a minor who was alone at the time. The vulnerability of the patient placed an even greater responsibility on you to ensure the highest standards of professionalism and patient safety, responsibilities which you failed to uphold. Your conduct in this situation reflects a profound lapse in judgment and a disregard for the special considerations required when treating a young patient, especially one without a guardian present.
Your disregard for established professional standards and your professional obligations has not only caused significant harm to your patients but has also damaged the reputation of the profession as a whole. Actions such as yours have a lasting impact, eroding public trust in physiotherapists and diminishing the integrity of the profession.
The Panel finds your explanations for some of your behavior troubling. Your reasoning demonstrates a profound misunderstanding of the core principles that guide our practice and suggests an alarming deficit in your judgment as a healthcare professional. This pattern of conduct calls into question your commitment to the ethical and professional standards required of all practitioners.
In light of this, the penalty ordered will serve not only as a consequence for your actions but as an opportunity for you to reflect deeply on the gravity of your misconduct. It is our expectation that you will use this time to develop a more thorough understanding of your professional responsibilities and the critical importance of upholding the trust that patients place in you.
Mr. Thomas, this reprimand reflects our deep disappointment in your conduct and our hope that you will recognize the seriousness of the failings that have brought you before this Panel. It is recognized that by coming to an agreement with the college in the joint submission on penalty you have taken responsibility for your actions. It is imperative that you take the steps necessary to earn back the confidence of your patients, colleagues, and the public. This Panel expects that you will take the necessary steps to ensure you never appear before a Discipline Committee Panel again. Be reminded that any future appearance for similar conduct may result in more severe consequences.
Let this reprimand serve as a clear reminder that there is no place in this profession for conduct that falls below the standards of care and professionalism that the public rightly expects.
You can read the full decision of the Discipline Committee of the College of Physiotherapists of Ontario on CanLII (www.canlii.org)