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 January 10, 2008. 

Allegations

In early 2007 an insurer filed a formal complaint with the College regarding Ms. Parikh’s practice. It was alleged that on or about March 16, 2007, in the course of responding to the complaint, Ms. Parikh submitted to the College clinical records which had been altered from the original records she submitted to the insurer. 

Prior to the hearing date, counsel for the College and counsel for the member discussed the case on several occasions. During the discussions, Ms. Parikh agreed that her actions in the above noted matter constituted professional misconduct. The College and Ms. Parikh were able to negotiate a penalty which was confirmed as being appropriate by the College's Executive Committee. The parties agreed that the penalty recognized the mitigating factors in the case, the need to address the issue of deterrence and provide for rehabilitation. 

The Member’s Plea

At the hearing, Ms. Parikh admitted the allegations and the fact that her actions conduct constituted professional misconduct. 

Decision

The Panel agreed that Ms. Parikh’s actions conduct constituted professional misconduct. This finding was made in accordance with paragraph 25 of section 1 of O.Reg.861/93 (Professional Misconduct Regulation), as amended under the Physiotherapy Act, 1991.  

25. Engaging in conduct or performing an act that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional 

Penalty and Costs

The panel agreed that the Joint Submission on Penalty that was proposed by Counsel for the College and Counsel for the member was reasonable and as such ordered the following. 

1. Ms. Parikh will receive a reprimand, the fact of which shall be recorded on the College register.
2. Ms. Parikh’s certificate of registration will be suspended for six (6) weeks with two (2) weeks themselves suspended if Ms. Parikh complies with the remainder of the order within the timeframes set out herein. The suspension will be served on a date to be set by the Registrar.
3. There will be a term, condition and limitation imposed on Ms. Parikh’s certificate of registration requiring her to successfully complete an ethics course approved by the Registrar, at Ms. Parikh’s own cost, within six months of the date the discipline panel’s order becomes final.
4. Ms. Parikh will pay to the College costs in the amount of $2750.00, payable in 11 monthly instalments of $229.16 and one last instalment of $229.24, the first instalment being paid no later than the 15th day of the first month after the Discipline panel’s order becomes final. The full amount of the costs will be paid within 12 months of the date the Discipline panel’s order becomes final.

The Panel’s Reasons

The panel concluded that the above penalty was reasonable and serves to protect the public interest. Ms. Parikh cooperated with the College, and by agreeing to the facts and the proposed penalty, accepted responsibility for her actions. 

The penalty meets the objective of specific deterrence to the member and protects the public. The panel concluded that the penalty fell within the range of penalties imposed in similar cases, although it fell towards the more severe end of the range given the circumstances of this case. 

The reprimand, six week suspension, fine and the requirement for remediation in the form of an ethics course sends a clear message to members of the profession that altering records, for any reason, constitutes professional misconduct and that the profession takes its responsibilities related to the public trust seriously.