Beshoy Soleman

Registration Number 15793

Case Numbers: 2017-0219 / 2018-0197

On December 5, 2018, the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Beshoy Soleman to the Discipline Committee for a hearing. This matter was heard on October 18, 2019. 

Overview of the Allegations

1. At all material times Beshoy Soleman (“Mr. Soleman” or the “Member”) was registered as a Physiotherapist in the Province of Ontario.

2. Between the period of September 1, 2017 and October 31, 2018, Mr. Soleman engaged in professional misconduct within the meaning of the following paragraphs of section 1 of the Professional Misconduct Regulation, 0. Reg. 388/08:

a. paragraph 1 (failing to maintain the standards of the profession);

b. paragraph 2 (discontinuing professional services that are needed unless alternative services are arranged, or the patient is given a reasonable opportunity to arrange alternative services);

c. 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);

d. paragraph 26 (failing to keep records in accordance with the standards of the profession);

e. paragraph 27 (falsifying records);

f. paragraph 28 (signing or issuing a document containing a statement that the member knows or ought to know contains a false or misleading statement); and

g. paragraph 30 (failing, without reasonable cause, to provide a report or certificate relating to an examination or treatment performedby the member with a reasonable time to the patient).

Finding

At the conclusion of the hearing on October 18, 2019 the panel found that Mr. Soleman had committed professional misconduct as defined in paragraphs 1, 2, 18, 26, 27, 28 and 30 of section 1 of Ontario Regulation 861/93 as amended, under the Physiotherapy Act, 1991.

Penalty

1. Requiring the Member to appear before the panel of the Discipline Committee to be reprimanded at the conclusion of the hearing on October 18, 2019 (completed October 18, 2019)

2. (i) Directing the Registrar to suspend the Member’s certificate of registration for a period of six (6) months, with three (3) months of the suspension to be suspended provided the Member completes the remediation activities set out in paragraphs 3(a) and (b) below. 

(ii) Directing that the three-month served suspension shall commence at 12:01 a.m. on October 19, 2019 and completed on January 18, 2020 at 11:59pm. (suspension served)

(iii) Directing that if the balance of the suspension is required to be served by the Member because he does not complete the remedial activities set out in paragraphs 3 (a) and (b) proposed below, the remaining three-month suspension shall commence 30 days from the date of the Member failing to successfully complete (unconditional pass) the ProBe course in accordance with paragraph 3(a) below and/or failing to complete the remedial activities in accordance with paragraph 3(b) below, whichever comes first.

(iv) Regardless of whether the Member serves the entire six-month period of the suspension, it shall be a term of the Discipline Committee’s order that the remedial activities in paragraph 3(a) and (b) be completed by the Member.  For greater clarity, if the Member does not pass the ProBe course with an unconditional pass, he must re-take the course and receive an unconditional pass by no later than December 31, 2020. If he fails to receive an unconditional pass by this date, the matter will be referred to the Registrar for consideration of a breach of the Discipline Committee’s penalty order.

3. That the Registrar impose specified terms, conditions or limitations on the Member’s certificate of registration, namely:

a) Requiring the Member, at his own expense, to successfully complete (unconditional pass) the ProBe ethics program offered through the CPEP and provide proof of his successful completion satisfactory to the Registrar, by June 30, 2020.    (successfully completed July 2020)

b) Within 60 days of the date of the Discipline Committee’s Order, the Member complete a review of the following College standards, tools, and resources and send written confirmation to the Registrar confirming that he has done so. (Successfully completed)

Professional Misconduct Regulation

Standard  – Fees,  Billing and Accounts

Standard – Record Keeping

Record Keeping E-Learning Module

Essential Competency Profile for Physiotherapists in Canada

Leaving a Practice Checklist

Starting a Practice Checklist

Starting a New Job Checklist

Code of Ethics

Health Breach Statistics Workbook and Completion Guide

Safeguarding Personal Health Information - IPC

c) In the event that the Member provides physiotherapy services (as a physiotherapist assistant (“PTA”) during the period that his certificate of registration is suspended, the Member shall:

• practise as a PTA only under the supervision of a registered member of the College who is a physiotherapist in the Member’s practice location (the “supervising physiotherapist”) and which supervising physiotherapist must be pre-approved by the College before the Member provides services as a PTA;
• deliver to the supervising physiotherapist a copy of the Notice of Hearing, the Agreed Statement of Facts, the Panel’s Order and when available, the Panel’s Decision and Reasons;
• deliver to the Registrar a letter signed by the supervising physiotherapist confirming that s/he has received and reviewed the above documents, which must be received by the Registrar prior to the Member practising as a PTA; and
• If the Panel’s Decision and Reasons are not available prior to the Member providing supervised physiotherapy services, the Member shall deliver to the supervising physiotherapist a copy of the Panel’s Decision and Reasons within seven (7) days of it becoming available to the Member and will confirm in writing to the Registrar that he has done so. 

d) for a one year period commencing the date of the Member’s return to practice, or a lesser period at the Registrar’s discretion, the Member will, at his own expense, participate in a practice enhancement coaching program approved by the Registrar with a focus on record-keeping and practice management. There will be no more than four (4) sessions. The cost of the coaching program will be assumed by the member. (Status: in progress at the time of the Registrant's resignation)    

Costs

4. Directing the Member to pay costs to the College in the amount of $4,000, by December 31, 2022. (Status: unpaid)

Decisions of the Discipline Committee are available on Canlii (www.canlii.org).