Charge Detail Summary

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File Number: Phys18/433P
Practitioner: Michael Evans


Hearing Start Date:

Hearing End Date:

04/06/2019

05/06/2019


Hearing Town/City: Auckland

Hearing Location:

Kingston Rooms, Rydges Hotel, 59 Federal Street, Auckland commencing at 9.00am.

Executive Officer: Ms Debra Gainey (04) 381 6816


Charge Characteristics:

Claiming - inappropriate (Established)


Additional Orders:

Name Suppression to Practitioner

Interim order of suppression of practitioner's name

1007Phys18433p.pdf


Other Suppression Orders

Interim order of name suppression to the patients referred to in any of the evidence.

1007Phys18433p.pdf


Name Suppression to Complainant and/or Patient and/or client

Order for permanent suppression of the names and any identifying features of the practitioner's patients, and in particular the practitioner's wife and children

1039Phys18433P.pdf


Appeal Order:


Decision:

Full Decision 1039Phys18433P.pdf


Appeal Decision:


Precis of Decision:

Charge

On 04 – 05 June 2019 the Health Practitioners Disciplinary Tribunal considered a charge laid by the Professional Conduct Committee against Mr Michael Evans physiotherapist of Gisborne (the physiotherapist).

The charge alleged that between 2013 and 2016 the physiotherapist had, on approximately 251 occasions, invoiced ACC for more than 12 hours of service in one day, including on 10 occasions when he invoiced for over 24 hours in one day; on approximately 19 occasions made claims to ACC for two treatments provided on the same day to the same patient under two different claim forms; and on approximately 54 occasions provided ACC funded treatment to his family members contrary to the ACC Treatment Provider Handbook.

The physiotherapist admitted the particulars and the hearing proceeded on the basis of an agreed summary of facts. 

Background

The Physiotherapist admitted his conduct was contrary to his professional obligations and agreed to repay all invoiced treatments for all days that exceeded a 14 hour day within the 3 year period of offending.  Full payment of $75,056.81 was made on 16 May 2017.

As the Physiotherapist took full responsibility for his conduct the ACC did not bring a criminal prosecution.  An investigation by the ACC’s Integrity Services found there was no evidence of fraud.  The evidence pointed to negligent record keeping rather than criminal intent.

Finding

The Tribunal was satisfied that the charges were made out as malpractice, negligence and conduct likely to bring discredit to the profession.    

Penalty

The Tribunal censured the physiotherapist, suspended his registration for a period of 2 months; imposed conditions on resumption of practice and fined him $5,000.  The Tribunal ordered that the physiotherapist pay a contribution of $33,738 towards the costs of the Tribunal and PCC.