Charge

A panel of the Health Practitioner’s Disciplinary Tribunal (the Tribunal) convened on the 2 and 3 August 2021 to hear two charges laid by a Professional Conduct Committee (PCC) of the Physiotherapy Board of New Zealand against Ms Yui Man (Vicki) Li Ogilvie a registered physiotherapist of  Auckland (the physiotherapist).

The PCC charged that:

1. Charge 1: referral of district court convictions
   1. On 22 November 2019, the physiotherapist was convicted in the District Court of seven offences relating to familial assault and possession of an offensive weapon. See full decision for individual charges.
   2. These convictions either separately or cumulatively reflect adversely on the physiotherapist’s fitness to practise as a physiotherapist.

2. Charge two: dealings with the NZ Physiotherapy Board (the Board)
   1. The physiotherapist knowingly made a misleading declaration to the Physiotherapy Board by answering “false” to: Have you suffered from any mental or physical condition or impairment with the potential to affect your fitness to practise physiotherapy? When the physiotherapist had knowledge and certification which demonstrated that she had experienced both mental and physical impairment which rendered her unfit to practise. See full decision for evidence. 
   2. The alleged conduct amounts to professional misconduct in that it amounts to malpractice or negligence and/or has brought or is likely to bring discredit to the profession.

Background

Charge 1:

At the time of the hearing the physiotherapist was 39 years old. She was born and raised in Hong Kong before moving to New Zealand in 1999. She completed a Bachelor of Health Sciences (Physiotherapy) at Auckland University of Technology and was first registered with the Board in 2005. She practises as a Physiotherapist at ‘Moore Than Physio’ in Glen Eden, Auckland.

On 22 November 2019, the physiotherapist was convicted of seven offences. The first four charges of assault were representative charges laid against her in relation to her physical discipline of her two children, which included hitting the children with her hands and a massage stick.

The latter three charges related to an altercation with her husband while their relationship was ending. On several occasions she struck him, and then later intimidated him while holding a knife.

On 25 November 2019, the physiotherapist notified the Board of her convictions.

Charge 2:

On 25 February 2019, the physiotherapist had consulted with a practice nurse regarding neck and shoulder pain from a sports injury. On 1 March 2019, she consulted with a GP regarding a suspected concussion, and was given a medical certificate declaring her unfit for work until 4 March. At 6am on 5 March, she completed an online application to renew her annual practising certificate (APC). She answered false to the question outlined in the charge.

The physiotherapist was not declared fit to return to her full workload until 30 March and did not notify the Board of her injury and concussion until an unspecified date between 2 and 12 March. The matter in dispute was whether the physiotherapist knowingly made this misleading declaration.

Finding

Charge 1:

The Tribunal found the Charge established. The Tribunal found that the practitioner’s conduct was likely to bring discredit to the profession and was therefore professional misconduct, and the relevant convictions reflected adversely on the physiotherapist’s fitness to practise.

Charge 2:

The Tribunal found that the physiotherapist had not knowingly made a misleading statement to the Board as she believed she had recovered from the concussion at the time at which she declared herself fit to practise. The factual basis of the charge was not established so the Tribunal did not consider whether the conduct amounted to professional misconduct.

Penalty

The Tribunal ordered –

1.  Censure.
2.  A contribution of costs of $6,000.

The Tribunal directed publication of its decision and a summary.