Return
File Number: Phys19/450P
Practitioner: Ashley Stiven
Hearing Start Date:Hearing End Date:
Hearing Town/City:
Hearing Location:
Charge Characteristics:
Claiming - inappropriate (Established)
Records - inadequate/inappropriate (Established)
Additional Orders:
Name Suppression to Practitioner
Order for interim name suppression for the practitioner and any identifying details
1088Phys19450P.pdf
Name Suppression to Complainant and/or Patient and/or client
Order for permanent name suppression to the patients that are identified in the Charge and the evidence, and any identifying details
1066Phys19450P.pdf
Precis of Decision: Charge
On 29 October 2019 the Tribunal considered a charge of professional misconduct laid by a Professional Conduct Committee against Mr Ashley Stiven, registered physiotherapist of Dunedin (the Physiotherapist).
The charge alleged that:
- Between 15 January 2013 and 13 November 2019 the Physiotherapist claimed payment from the Accident Compensation Corporation (ACC) for 15 treatments provided to a person with whom he had a close personal relationship totalling $519.021.
- Between 21 October 2014 and 16 December 2015 the Physiotherapist received 52 physiotherapy treatments from employees and allowed payment to be claimed from ACC to a total of $1,858.60 for those treatments
- Between 5 January 2015 to 13 November 2015 the Physiotherapist failed to keep accurate and/or adequate patient records in respect of one of his patients, in particular he failed to:
- document ongoing informed consent;
- record or adequately record objective findings
- record or adequately record objective analysis of his patient’s progress
Finding
The hearing proceeded on the basis of an agreed summary of facts. The Physiotherapist admitted the charge and that his conduct amounted to professional misconduct.
The Tribunal was satisfied that the Charge was established and the conduct was a serious departure from acceptable standards for any health practitioner. The Tribunal stressed the importance for the protection of the public and the maintenance of professional standards that physiotherapists do not treat their own family members, nor allow employees to treat them and then charge ACC for these treatments.
The Tribunal also found that the Physiotherapist’s level of clinical record keeping fell well below the standard expected for a competent Physiotherapist.
Penalty
The Tribunal:
- censured the Physiotherapist
- ordered a condition on the Physiotherapist’s practice for 12 months from the date he commences practice after the Tribunal’s decision
- ordered the Physiotherapist pay $33,121 amounting to 30% of the costs of the PCC and the Tribunal.
The Tribunal directed the decision and a summary be published.