Charge

A Professional Conduct Committee (PCC) charged that Dr Albert Kewene registered dentist, (the Dentist) practised the profession of dentistry between 1 October 2100 and 7 November 2011 without a current practising certificate.

Finding

An agreed summary of facts was produced at the hearing.  It was an agreement as to facts but did not constitute an admission of the charge which was denied by the Dentist.

The Tribunal found the Dentist guilty of practising without an annual practising certificate (APC) and the charge was established.

Reason for Finding

The Dentist denied that he practised as a dentist at any time from 1 October to 27 October 2011.  It was submitted that he was not practising as a dentist when he supervised students and that if he was practising as a dentist at the time, he should be excused from any fault because he did not believe he was practising as a dentist as he was supervising students.  The Dentist did not acknowledge that there were occasions when he might show the students something or work on a client himself during that period of supervision.

The Tribunal found that it was clear that the person giving training or instruction must be appropriately qualified to give that training or instruction and where necessary must hold an APC.  The Tribunal further found there is no ground to excuse a practitioner for not having an APC when there is some mistaken belief as to the requirements for renewal.  In addition, on the facts of this case, the Tribunal did not accept that the Dentist held a genuine belief about his activities being acceptable.

In relation to the period after 27 October 2011 the Dentist acknowledged he practised as a dentist when he did not have an APC.  He had provided the completed form on 17 October 2011 to his employer and the Dentist understood the appropriate fee and the form would be sent to the Dental Council. The employer made a payment which was received on 26 October but put the form on a file by mistake and did not send it to the Dental Council.

The Dentist considered he was entitled to rely on assurances given by his employer that the matter was in hand and both the payment and form had been sent through to the Dental Council.  The Tribunal did not accept this and found it was the responsibility of the Dentist to renew his APC and not to practise until he knew he had an APC.  It was not enough to leave the matter in the hands of his employer and then to practise in some expectation this his responsibilities had been discharged.

Penalty

The Tribunal ordered the Dentist to pay a fine of $500.00 and costs of $5,000.00.

The Tribunal directed the Executive Officer publish a copy of this decision and a summary on the Tribunal's website.  The Tribunal further directed a notice of the decision be placed in the newsletter of the Dental Council, and on the Dental Council website.

Appeal

The Practitioner appealed the decision to decline permanent name suppression to the High Court.  The High Court dismissed the appeal. (Dr Albert Kewene v Professional Conduct Committee, [2013] NZHC 933)