|CATEGORY||STATUS||START DATE||END DATE|
|Independent Practice||Suspended by Discipline Committee||9/21/2012||11/2/2012|
Samir Shah has voluntarily agreed not to perform lymphatic drainage as a treatment option in his practice
* All registered physiotherapists have a set of minimum terms, conditions and limitations on their certificates of registration to ensure that they are legally able to work in Canada; that they have enough practice hours to maintain their clinical skills: and that require them to be tested periodically to ensure they understand the rules that govern practice.
CPO and Samir Shah (2012-0275)
On September 16, 2014, a panel of the Inquiries, Complaints and Reports Committee referred allegations pertaining to Samir Shah to the Discipline Committee for a hearing. The hearing took place on April 13, 2015.
Summary of the Allegations:
Samir Shah was the co-owner of Square One Physiotherapy in Mississauga, Ontario along with another physiotherapist.
Mr. Shah’s certificate of registration was suspended between September 21, 2012, and November 2, 2012, as a result of an order made by a panel of the Discipline Committee of the College. During this time, Mr. Shah continued to practice as a physiotherapist. Invoices for services provided by Mr. Shah during this time referenced the co-owner as the provider of record which was incorrect. In addition, Mr. Shah falsified records during this period.
The parties agreed and the panel of the Discipline Committee confirmed that Mr. Shah had committed the following acts of professional misconduct in that he:
• failed to meet the standards of practice of the profession
• practiced the profession while his certificate of registration was suspended
• failed to comply with an order of a statutory Committee
• engaged in conduct or performed an act relevant to the practice of the profession that having regard to all the circumstances would reasonably be seen by members of the profession as disgraceful, dishonorable or unprofessional
• falsified a record
• submitted an account or charge for services that he knew or ought to have known were false or misleading
The panel rejected the joint submission on penalty (in part) as presented by the parties and imposed a penalty that reflected a longer period of suspension. The panel ordered the following:
• That Mr. Shah's certificate of registration is suspended for a period of nine months. Mr. Shah will be required to serve six months (of the nine) if he completes the following within the required timelines:
• Mr. Shah will receive a reprimand.
• Mr. Shah will be required to complete a number of practice enhancement activities.
• Mr. Shah's practice will be monitored for a period of two years following his return to practice.
• Mr. Shah will pay costs to the College in the amount of $12,000.
STATUS: All requirements completed as of January 3, 2017
A copy of the panel’s decision is available on Canlii (www.canlii.org).
CPO and Samir Shah (2011 0179)
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:
1.At the material times, Mr. Shah was employed at ABC Company in Brampton, Ontario, doing in-home physiotherapy visits.
2.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.
3.Mr. Shah failed to assess the client appropriately after the client fell.
4.Mr. Shah quickly left the client’s home after the client fell, leaving the client’s wife to attend to her husband alone.
5.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.
6.Mr. Shah told the client’s wife that his acquaintance was his supervisor which was untrue.
7.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
1.Mr. Shah will receive a reprimand, the fact of which shall be recorded on the College register.
2.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.
3.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.
4.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.
5.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.
6.Mr. Shah is ordered to pay to the College costs in the amount of $4000.00 over a two year period.
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.
The panel's decision is available on Canlii (www.Canlii.org).
Samir Shah, Registration Number 12039
On August 9, 2018 the Inquiries, Complaints and Reports Committee referred a matter involving Samir Shah to the Discipline Committee for a hearing. The dates for the hearing will be posted once they have been confirmed. Once completed, a summary of the panel’s decision will be posted on the public register and the decision will be made available on Canlii (www.canlii.org).
Overview of the Allegations
The allegations refer to the following headings of professional misconduct:
At all material times Samir Satyaprak Shah was a registered member of the College.
During the period of July 2012 to February 23, 2014, Mr. Shah 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 14 (contravening, by act or omission, the Act, the Regulated Health Professions Act, 1991 or the regulations under either of those Acts);
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); and
d. paragraph 28 (signing or issuing a document containing a statement that the member knows or ought to know contains a false or misleading statement).
|START DATE||END DATE||CLINIC NAME||ADDRESS||PHONE||USES SUPPORT PERSONNEL|
|Square One Physiotherapy Inc.||C210-3885 Duke of York Blvd
Mississauga, Ontario L5B 0E4
|+1 (905) 232-2202||Yes|
|11/5/2018||3/20/2019||Credit Valley Hospital||2200 Eglinton Ave. West
Mississauga, Ontario L5M 2N1
|+1 (905) 813-2200||Yes|