Quarterly report of all closed conduct files from January 1 – March 31, 2024.
Disclaimer: decisions may vary depending on the circumstances. The reasons for a decision must be considered in light of the evidence and the actual issues pertaining to the allegation.
Allegations
- On or about December 18, 2021, Mahveen Moiz failed to administer dry needling in a competent manner to D.E., resulting in bilateral pneumothoraxes.
- Mahveen Moiz failed to provide adequate or any information to D.E. after performing dry needling on D.E in relation to how to recognize or respond to potential adverse events, particulars of which include:
- Failed to advise D.E. of potential symptoms such as increasing pain, discomfort or shortness of breath that would assist D.E. in recognizing that an adverse event, including pneumothorax, may have occurred;
- Failed to provide D.E. with information regarding how to manage a potential adverse event;
- Failed to advise D.E. to seek medical treatment on an urgent basis if D.E. experienced any symptoms that could constitute a pneumothorax.
- On or about June 4, 2022, Mahveen Moiz proceeded to administer dry needling to J.A.’s left cervical and shoulder girdle region, despite the increased risk of pneumothorax as a result of the significant risk factors unique to J.A. arising from their medical history and physique.
- On or about June 4, 2022, Mahveen Moiz failed to administer dry needling in a competent manner to J.A, resulting in pneumothorax.
- Mahveen Moiz failed to provide adequate or any information to J.A. after performing dry needling on J.A. in relation to how to recognize or respond to a potential adverse event, particulars of which include:
- Failed to advise J.A. of potential symptoms such as increasing pain, discomfort or shortness of breath that would assist J.A. in recognizing that an adverse event, including pneumothorax, may have occurred;
- Failed to provide J.A. with information regarding how to manage a potential adverse event;
- Failed to advise J.A. to seek medical treatment on an urgent basis if J.A. experienced any symptoms that could constitute a pneumothorax.
- On or about June 4 - 5, 2022, Mahveen Moiz failed to adequately advise J.A. and/or their mother R.A. that J.A. may have suffered a serious complication that necessitated medical evaluation on an urgent basis as a result of potential pneumothorax.
Investigation
The evidence obtained from the investigation supported referral of this matter for a hearing.
Findings
The Hearing Tribunal found that the conduct in the allegations constituted unprofessional conduct. The unprofessional conduct was admitted by Mahveen Moiz and agreed to by both parties as in the Agreed Statement of Facts.
The Hearing Tribunal found that the conduct admitted to amounts to unprofessional conduct as defined in s. 1(1) (pp) of the Health Professions Act (HPA). In particular, the Hearing Tribunal found the following definitions of unprofessional conduct were met:
- displaying a lack of knowledge of or a lack of skill or judgment in the provision of professional services;
- contravention of the HPA, a Code of Ethics or Standards of Practice; and
- conduct that harms the integrity of the regulated profession
Orders
The Hearing Tribunal accepted the Joint Submission on Penalty presented by both and ordered the following:
- Mahveen Moiz shall receive a reprimand and the Hearing Tribunal’s decision shall serve as a reprimand.
- Mahveen Moiz shall complete, at their own cost, the PBI Risk Management Course.
- Mahveen Moiz shall complete, at their own cost, one of the below courses.
- Foundations Health Education AN-IMS1
- SMART Seminars Certification in Biomedical Dry Needling
- UBC Gunn IMS (Certification) Course
- Functional Dry Needling Level 2 (Evidence in Motion)
- Dry Needling Program – Level II (Acupuncture Canada)
- At Mahveen Moiz’s own cost shall successfully complete Supervised Practice that is subject to the following conditions:
- The Approved Supervisor must be a physiotherapist who is qualified to perform dry needling and has previous experience acting in a supervisory or mentorship role.
- Mahveen Moiz will attend at the Approved Supervisor’s place of business minimum of 8 sessions of 3 hours duration (24 hours in total).
- All dry needling performed by Mahveen Moiz will be undertaken under direct supervision by the Approved Supervisor.
- Mahveen Moiz shall pay twenty-five percent (25%) of the total costs of the investigation and hearing, to a maximum of $10,000 (the "Costs'') and on the following terms:
- Decision of the Hearing Tribunal on allegations and sanctions (posted March 5, 2024)
