Samuel John Shepherd

Samuel Shepherd

Registration Number 13208
Case Number 2017-0002

On September 18, 2018 the Inquiries, Complaints and Reports Committee referred a matter involving Samuel Shepherd to the Discipline Committee for a hearing. The hearing took place on December 11, 2018. The panel’s decision will be made available on Canlii (www.canlii.org).

Overview of the Allegations

The allegations refer to the following headings of professional misconduct:

1. At all materials times, Samuel Shepherd was a registered member of the College.
2. During the period September 1, 2014 and July 31, 2017, Mr. Shepherd 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 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 28 (signing or issuing a document containing a statement that the member knows or ought to know contains a false or misleading statement);
• 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 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)

Finding

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

• paragraph 1 (failing to maintain the standards 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 28 (signing or issuing a document containing a statement that the member knows or ought to know contains a false or misleading statement);
• 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 in the member's name or billing number are fair and accurate);

Penalty

At the conclusion of the hearing the panel found that Mr. Shepherd had committed acts of professional misconduct and ordered the following penalty:

1. That the member receives a reprimand (Delivered on December 11, 2018)
2. That the Member’s certificate of registration be suspended for a period of six (6) months, with three (3) months of the suspension to be suspended provided the Member completes the remediation activities set out in paragraphs 3(a) and (b) below. If the remedial activities are not completed by December 31, 2019 the remainder of the suspension will need to be served. (STATUS: Completed)
3. That the Registrar impose specified terms, conditions or limitations on the Member’s certificate of registration, requiring that the member successfully complete the ProBe program and the member complete a review of the College standards, tools, and resources and send written confirmation to the Registrar confirming that he has done so. (STATUS: Completed)

• Professional Misconduct Regulation
• Standard  – Fees,  Billing and Accounts
• Standard – Record Keeping
• Essential Competency Profile for Physiotherapists in Canada and the Quick Reference Document
• Code of Ethics

4. That the Member participate in a practice enhancement coaching program of no more than four sessions  (STATUS: Completed)
5. While the Member is participating in the practice enhancement coaching, he may not supervise physiotherapy students, PTA students, or members of the College who hold a provisional practice certificate of registration. (STATUS: Completed)
6. That the member pays costs to the College in the amount of $1500, by January 30, 2019. (STATUS: Completed)