Case 2018 0059 and 2019 0090

On March 10, 2020 the Inquiries, Complaints and Reports Committee (ICRC) referred a matter involving Noshin Luff to the Discipline Committee for a hearing. 

The hearing took place on May 19, 2020. This matter was resolved by way of an Agreed Statement of Facts and a Joint Submission on Penalty.

Finding

The Discipline Committee issued a decision on the finding on May 19, 2020, on penalty on May 19, 2020 and on costs on May 19, 2020. 

After having considered all of the evidence, a panel of the Discipline Committee found Noshin Luff to have committed the following acts of professional misconduct:

• Paragraph 1 (failing to maintain the standards of practice of the profession),
• 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 practice of the profession),
• Paragraph 27 (falsifying a record), 
• Paragraph 28 (signing or issuing a document containing a statement that the member knows or ought to know is false or misleading), 
• Paragraph 32 (submitting an account or charge for services that the member knows or ought to know is false or misleading), 
• Paragraph 33 (failing to take reasonable steps to ensure that any accounts submitted in the member's name or billing number are fair and accurate, 
• Paragraph 40 (continuing the treatment of a patient where it is no longer indicated, has ceased to be effective or is unnecessary); and 
• Paragraph 41 (failing to supervise in accordance with the standards of practice of the profession) 

Penalty

The panel of the Discipline Committee ordered the following penalty. That Ms. Luff:

• Receive a reprimand at the conclusion of the hearing (delivered on May 19, 2020)
• Serve a suspension for the period of May 20, 2020 through to an including November 19, 2020. The suspension could be extended if Ms. Luff is unable to complete the remaining requirements
• Complete a review of various College standards, tools and resources
• Meet with a practice coach on four occasions
• Successfully complete the PROBE program
• Practice as a PTA during her suspension only under the supervision of an approved registered member of the College who is a full-time physiotherapist in Ms. Luff’s practice location

The Committee also ordered Noshin Luff to pay costs to the College in the amount of $2,000 to offset some of the costs associated with investigating and prosecuting this case.

As a part of the penalty the Committee also issued a reprimand which read as follows: 

The panel finds that your conduct during this period has been unprofessional. As a physiotherapist, it is imperative for you to understand your role as an autonomous professional to ensure public safety by knowing and adhering to the standards of your profession. 

While we acknowledge the remorse that you express today, the findings of professional misconduct are serious. It is the panel’s hope that the penalties imposed will be followed and will provide you with an opportunity to reflect on the behaviour that has brought you before us today. The panel has provided you with an opportunity to correct your behaviours and return to the profession. We hope that you will use this as a learning experience. 

Please remember that although the College is here to protect the public and uphold the standards of the profession, it is also here to support its members. We encourage you to use the resources available to you as a registered professional. The panel does not expect to see you before us again. 

Status

The physiotherapist is working on completing the following requirements of the order as outlined by the panel of the Discipline Committee:

• The suspension
• The review of the College standards, tools and resources
• The meetings with the practice coach
• The PROBE program

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