Charge Detail Summary

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File Number: Pod19/465P
Practitioner: Brian Koh
Hearing Start Date:

Hearing End Date:

Hearing Town/City:
Hearing Location:
Charge Characteristics:

Documents - dishonest use of/intent of obtaining pecuniary gain (Established)


Documents/Communications - falsification (Established)


Forgery/fraud (Established)


Additional Orders:


Appeal Order:


Decision:

Full Decision 1100Pod19465P.pdf


Appeal Decision:


Precis of Decision:

Charge

On 3 June 2020, the Health Practitioners Disciplinary Tribunal (the Tribunal) considered a charge laid by a Professional Conduct Committee (PCC) against Mr Brian Koh, registered podiatrist of Auckland (the Podiatrist).

The Charge was laid under section 100(1)(a) and (b) of the Health Practitioners Competence Assurance Act 2003 (HPCA Act). The charge alleged that the Podiatrist’s dishonesty using documents, amounted to professional misconduct. The PCC alleged that the conducted amounted to malpractice or negligence in relation to the Podiatrist’s scope of practice and was likely to bring discredit to his profession.

Background

The Podiatrist is, and at all material times was, a registered podiatrist and ACC treatment provider.

In the period 8 December 2015 to 30 August 2016, while employed by BodyZone, the Podiatrist made entries into BodyZone’s Electronic System showing he had provided 99 treatments across 42 clients. None of those treatments had occurred. As a result of his dishonesty, ACC paid BodyZone $5,727.75.

Between 26 September 2015 and 21 April 2016, the Podiatrist attended various sporting events where he treated participants. The Podiatrist completed ACC forms, fabricating details, forging signatures and overcharging for treatments. As a result, ACC paid BodyZone $1,566.

The Podiatrist was charged with and pleaded guilty to dishonestly using a document. He applied to the District Court for discharge without conviction which was heard and ordered. The Podiatrist has subsequently made full reparation to ACC of the sums totalling $7,294.23.

Finding

The hearing proceeded via audio-visual link on an agreed summary of facts.

The Podiatrist accepted that section 100(1)(b) of the HPCA Act applied and that his acts and conduct brought discredit to the podiatry profession.

The Tribunal found that the charge was established under section 100(1)(a), as malpractice and section 100(1)(b), as conduct bringing discredit to his profession.

Penalty

The Tribunal:

  • Censured the Podiatrist;
  • Imposed conditions for the Podiatrist upon recommencing practice,
  • Ordered the Podiatrist to pay costs of $4,000.00.

The Tribunal directed publication of the decision and a summary.