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

The allegations refer to the following headings of professional misconduct:

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:

• paragraph 1 (failing to maintain the standards of the profession);
• 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);
• 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);
• paragraph 26 (failing to keep records in accordance with the standards of the profession);
• paragraph 27 (falsifying records);
• 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
• paragraph 30 (failing, without reasonable cause, to provide a report or certificate relating to an examination or treatment performed by 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

The Panel of the Discipline Committee ordered the following penalty:

• 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.
• Directing the Registrar to suspend the Member’s certificate of registration for a period of six months, with three months of the suspension to be suspended provided the Member completes the remediation activities set out below:

a) Successfully complete (unconditional pass) the PROBE ethics program offered through the CPEP, by June 30, 2020.     

b) Within 60 days of the date of the Discipline Committee’s Order, the Member complete a review of College standards, tools, and resources (Professional Misconduct Regulation, Fees, Billing and Accounts Standard, Record Keeping Standard, Record Keeping E-Learning Module, Essential Competency Profile for Physiotherapists in Canada, Leaving a Practice Checklist, Opening a Practice Checklist, Starting a New Job Checklist, Code of Ethics, Health Breach Statistics Workbook and Completion Guide, Safeguarding Personal Health Information - IPC)

• The Member shall practice 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 Member will participate in a practice enhancement coaching program for a one year period upon the his return to practice. 

Mr. Soleman must pay costs to the College in the amount of $4,000, by December 31, 2022.

You can read the full decision of the Discipline Committee of the College of Physiotherapists of Ontario at: www.canlii.ca