Samir Satyaprak Shah

CPO and Samir Shah 2017-0185

On August 9, 2018 the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Samir Shah to the Discipline Committee for a hearing. 

The hearing took place on April 4, 2019. The panel of the Discipline Committee issued a decision on the finding on April 4, 2019, on the penalty on April 4, 2020 and on costs on September 16, 2019. The decision was appealed on June 5, 2019. The appeal was heard and dismissed by the divisional court on October 7, 2020.

Finding

After having considered all of the evidence, the panel found Mr. Shah to have committed the following acts of professional misconduct:

• paragraph 1 (Failed to maintain the standards of practice of the profession),
• paragraph 14 (Contravened by act or omission, the Physiotherapy Act, 1991, the Regulated Health Professions Act, 1991 or the regulations under either of those Acts),
• paragraph 18 (Engaged in conduct or performed an act relevant to the practice of the profession that having regard to all circumstances would reasonably be regarded by members as disgraceful, dishonorable or unprofessional) and
• paragraph 28 (Signed or Issued a document containing a statement that the member knows or ought to know contains a false or misleading statement)

Penalty

The panel of the Discipline Committee ordered the following penalty, that Mr. Shah: 

• Receive a verbal reprimand at a date to be determined by the Registrar
• Serve a suspension for a period of eighteen (18) months
• Practice as a PTA during his suspension only under the supervision of an approved registered member of the College who is a physiotherapist in Mr. Shah’s practice location. The supervising physiotherapist must be pre-approved by the College prior to Mr. Shah providing services as a PTA

Mr. Shah is required to pay costs to the College in the amount of $6,000.  

STATUS: All requirements completed
 

The Discipline Committee publishes its decisions on Canlii www.canlii.org.

CPO and Samir Shah

Case Number: 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.

Findings:

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

Penalty:

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 

A copy of the panel’s decision is available on Canlii (www.canlii.org).

CPO and Samir Shah

Case Number: 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. 

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. 

The panel's decision is available on Canlii (www.Canlii.org).