Background

Dr Sara Catherine Winter, a registered physiotherapist, was charged with professional misconduct for providing ACC-funded physiotherapy treatments to eight family members over 209 occasions between June 2019 and April 2022, totalling $10,095.71 in inappropriate claims.

Key Facts

• Dr Winter had practised overseas for 18 years before returning to New Zealand in 2019 to establish [Physiotherapy Practice] in Hamilton
• Family members treated included eight individuals across extended family relationships
• No exceptional circumstances existed to justify the treatments
• Specific concerning conduct included treating multiple family members during holiday gatherings for convenience rather than clinical need and claiming telehealth payments for in-person treatments during COVID-19 lockdown
• Dr Winter admitted the charge via an Agreed Summary of Facts, self-reported to the Board, and has since repaid the full amount to ACC

Legal Framework

The charge was laid under sections 100(1)(a) and 100(1)(b) of the Health Practitioners Competence Assurance Act 2003, alleging malpractice/negligence and conduct likely to bring discredit to the profession. The Physiotherapy Board’s Standards Framework and ACC’s Position Statement clearly prohibited treating family members except in exceptional circumstances.

Tribunal’s Findings

Liability: All particulars established. Dr Winter’s conduct constituted professional misconduct as it departed from acceptable professional standards and met the threshold for disciplinary sanction.

Comparable Cases: This was the fifth such case involving physiotherapists inappropriately claiming ACC funding for family treatment. Previous penalties ranged from $2,500 (Stiven) to $5,000 (Evans, Nonoa), with Pearce imposing $3,500 fines.

Aggravating Factors: Extended duration, scope (209 treatments), financial impact ($10,095.71), professional responsibility as practice owner, treating multiple family members during holiday gatherings for convenience rather than clinical need, and COVID-19 telehealth misrepresentation.

Mitigating Factors: Clean disciplinary history, full repayment to ACC, self-notification, cooperation throughout proceedings, comprehensive admissions, and demonstrated insight and remorse.

Orders

1. Censure of Dr Winter
2. Fine of $3,750
3. Conditional education requirement if she returns to New Zealand practice
4. Costs contribution of 35% totalling $28,056.67
5. Name suppression for family members only

Significance

This decision reinforces the importance of compliance with professional obligations regarding family treatment and ACC claiming. The penalty reflects the need for deterrence while recognising Dr Winter’s cooperation and the specific circumstances of her case in comparison to similar cases.