Charge

The Health Practitioners Disciplinary Tribunal considered a charge laid by a Professional Conduct Committee against Mr David Fiaalii Nonoa, registered physiotherapist of Auckland (the Physiotherapist).

The charge related to the conduct of the Physiotherapist over an 11 year period.  It alleged he:

1. invoiced the Accident Compensation Corporation (ACC) for services under another physiotherapist’s ACC provider number when those services were not provided;
2. invoiced ACC for treatment provided to close family members when treatment was not provided in circumstances permitted by the Physiotherapy Board (the Board) or ACC’s Treatment Provider Handbook;
3. failed to obtain independent verification from a third party when claiming ACC payments for treating family members; and
4. failed to keep accurate and/or adequate patient records in respect of the family members he treated.

Finding

The hearing proceeded on the basis of an agreed summary of facts. The Physiotherapist admitted the charge in its entirety and that his conduct amounted to professional misconduct.

The Tribunal was satisfied that each of the particulars of the charge were established and amounted to malpractice, negligence and conduct that is likely to bring discredit to the physiotherapy profession.

Penalty

The Tribunal: censured the Physiotherapist; fined him $5000; and ordered that conditions be placed on his practice for a period of two years.  He was further ordered to pay costs and the Tribunal directed that the decision and a summary of the decision be published.