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Paying the Price for Looking the Other Way

May 15, 2015

The Situation

Mr. Patel knew what his business partner was doing was wrong. But instead of taking a stand for himself and for the profession, he let his suspended business partner act as a physiotherapist and falsely bill using his registration number. And when his partner got caught (Case of the Month – March 2015), Mr. Patel paid a high price for not doing the right thing. 
As a physiotherapist registered with the College for just over 4 years, Mr. Patel entered into business with another PT, Mr. Shah. Together they owned and operated a private clinic. Mr. Shah got into trouble for an incident that occurred with a previous home care employer and had his certificate of registration suspended for a six-week period. 

Mr. Patel discussed the suspension with his partner and the plan was for Mr. Patel to act as the PT and Mr. Shah would work in a PTA capacity. 

They both agreed to the plan, but shortly into his suspension the plan went out the window. Mr. Shah was fully working as a PT. He didn’t tell his patients or staff about his suspension, he continued to do assessments, and continued to take on new patients. There was, however, one critical change: he began billing under Mr. Patel’s registration number. 

As soon as Mr. Patel; learned of this activity and failed to report it to the College, he moved from being a victim to being an accomplice. His silence allowed Mr. Shah to falsely present himself as a registered physiotherapist and bill for his services. He covered for a peer, choosing a misguided sense of personal loyalty over his professional obligations. 

And this, quite clearly, turned out to be the wrong choice. 

When the College investigated the matter after receiving a call from the public, it all very quickly unravelled. 

The Consequences

The Discipline Committee considered Mr. Patel’s role in this case and gave him credit for his immediate show of remorse and cooperation once the College became aware.

“You have taken full responsibility for your actions. You have shown true remorse and you have been proactive in taking appropriate remediative steps.” 

As part of his reprimand, the Chair read him the College’s position on business practices. “The public interest depends on the integrity of the profession. Protecting the integrity of the profession demands a zero tolerance of inappropriate business practices.” 

Mr. Patel had his certificate of registration suspended for 4 weeks.

He had to complete an ethics course.

He was ordered to pay $8,000 to the College to offset some of the costs of the investigation and hearing. 

Read the Standard: Fees & Billing
Read the Standard: Physiotherapists Working with Physiotherapist Support Personnel
Read the Standard: Record Keeping
NEW College Videos
Professional Misconduct Regulation
Read more: What does Professional Misconduct Mean to Me?

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