At a hearing on 30 March 2015 the Health Practitioners Disciplinary Tribunal (the Tribunal) considered a convictions charge laid by a Professional Conduct Committee against Mr Myron Biernat, chiropractor of Dunedin (the chiropractor).

The Charge

The charge was that:

• On 16 October 2013 the chiropractor was convicted in the District Court at Dunedin on a charge of doing an indecent act on a girl aged under 16 years pursuant to section 134(3) of the Crimes Act 1961 and that the conviction reflects adversely on the Practitioner's fitness to practice as a chiropractor.

The chiropractor accepted that a conviction of this type reflected adversely on his fitness to practice, however, he went on to challenge the conviction stating that he did not commit the offence with which he was charged and to which he pleaded guilty.

The Tribunal ruled that it had no jurisdication to look beyond the conviction, or to review the actions that took place during the criminal proceedings.

The Finding

The Tribunal found the charge established.  It stated that while the offending did not take place in the context of the chiropractor's practice as a chiropractor, the offending was a serious breach of trust.  chiropractic practice, like that of other occupational groups in the health sector, depend on there being a level of trust between practitioners and their patients.

The Penalty

The Tribunal cancelled the chiropractor's registration and declined his application for permanent name suppression.  The Tribunal directed publication of its decision and a summary.