Physiotherapist admits professional misconduct; name still suppressed

A DUNEDIN physiotherapist has had charges of professional misconduct upheld by the Health Practitioners Disciplinary Tribunal.

In a case heard in Dunedin yesterday, the physiotherapist acknowledged three charges, which related to invoicing ACC for treating someone in a close personal relationship, invoicing ACC for treatment performed on himself by his own employees, and failure to keep accurate or adequate records of his treatment of a patient who cannot be identified.

The physiotherapist has interim name suppression, which will lapse when the tribunal releases its written decision.

Physiotherapists can only treat family members in rare cases, such as emergency or when no other clinician is available.

The ACC Treatment Provider

Handbook likewise bars managers receiving treatment from employees except in extreme circumstances.

For the Professional Conduct Committee, Jonathan Coates said the physiotherapist claimed $519.02 from ACC for the 15 treatments for the patient he knew personally, and $1858.60 for 52 treatments from employees of his practice.

The patient was treated from January 2103November 2015, and the physiotherapist was treated from October 2014December 2015.

‘‘That is 67 occasions on which the physiotherapist has failed to meet the expectations of the profession and ACC, and wrongly profited as a result.’’

For the physiotherapist, Joanna Stafford said that the man did not act intentionally or dishonestly.

The physiotherapist accepted he was in the wrong regarding the treatments, and had immediately reimbursed ACC the entire sum received for the treatments.

Dr Coates said the physiotherapist’s notes regarding the second patient were inadequate in a number of significant areas, which included failure to adequately record patient progress and posttreatment analysis.

‘‘Although the PCC acknowledges that the physiotherapist’s failings . . . relate to a single patient, it is submitted that the fundamental failings exhibited by the physiotherapist in this regard warrant sanction.’’

Ms Stafford said the physiotherapist accepted there were issues with some of his recordkeeping relating to the second patient. He had since been audited with an ‘‘excellent compliance’’ finding, had brought in an auditor to train himself and staff on recordkeeping, and received professional mentoring, Ms Stafford said.

Pending its written decision, tribunal chairwoman Maria

disciplinary

Dew QC indicated the physiotherapist would be censured, fined $2500, and be liable for costs of $33,117.

He would also be placed under a minimum 12month supervision, with an emphasis on professional ethics and record management.

Ms Dew acknowledged that other than this blemish that he was regarded as a valuable member of Dunedin’s physiotherapy community.