Health Practitioners Disciplinary Tribunal decisions

HPDT number: Den21/511P

Dr Subramani was charged with professional misconduct arising from his treatment of 11 patients, including inadequate diagnosis and treatment planning, unnecessary or inappropriate treatment, practising beyond his competence, failures in informed consent and record-keeping, and inappropriate or excessive fees.

The HPDT found serious deficiencies across multiple areas of Dr Subramani’s practice, which caused physical, financial and emotional harm to patients. His conduct cumulatively amounted to professional misconduct.

Dr Subramani’s registration was cancelled, he was censured, fined $10,000, and ordered to pay $150,000 towards the costs of the proceedings.

Dr Subramani appealed the HPDT’s decision to cancel his registration and impose a fine. The High Court upheld the cancellation decision, and quashed the fine, finding it was not warranted in addition to cancellation. 

HPDT number: Den20/497P

Dr Al-Mozany was charged with professional misconduct arising from his provision of orthodontic care to multiple patients, including failing to attend appointments and provide ongoing care, putting patient care at risk, and failing to communicate openly and transparently with patients.

The HPDT found all particulars of the charge established. Dr Al-Mozany repeatedly failed to meet his professional obligations to put patients’ interests first, adequately monitor and maintain continuity of their treatment, respond to enquiries, and communicate about his availability. His conduct amounted to professional misconduct.

Dr Al-Mozany’s registration was cancelled, he was censured, and he was ordered to pay $99,000 towards costs, including an increased contribution reflecting costs the Tribunal considered had been unnecessarily incurred.

HPDT number: Den20/479P

Dr Gabb was charged with professional misconduct arising from her management of complex implant-based dental treatment, including inadequate treatment planning, failing to obtain fully informed consent, acting beyond her expertise and experience, and inadequate clinical documentation.

The HPDT found serious deficiencies in each of these areas and concluded that Dr Gabb had failed to meet the standards expected of a reasonably competent dentist. Her conduct amounted to professional misconduct.

Dr Gabb was censured, required to undergo 12 months of professional supervision focused on treatment planning, informed consent and record-keeping, and ordered to pay $81,944 towards the costs of the proceedings. No fine was imposed.

HPDT number: Den18/428P

Dr Beer was charged with professional misconduct arising from his treatment and interactions with two patients, including changing an agreed treatment plan after a patient had been sedated, failing to obtain informed consent, and responding aggressively and unprofessionally to another patient who had complained about his treatment.

The HPDT found that Dr Beer had significantly departed from acceptable standards relating to sedation and informed consent, failed to cooperate adequately and honestly with regulatory investigations, and sent a highly unprofessional and threatening letter and invoice to a patient who had complained. His conduct amounted to professional misconduct.

Dr Beer undertook to permanently retire from dental practice and not seek a practising certificate in the future. He was censured, fined $7,500, and ordered to pay $71,134 towards the costs of the proceedings.

Dr Beer appealed the HPDT’s decision to decline name suppression, the order of costs, and the decision to keep confidential the respondent’s hours spent and hourly rate. The Court declined the applications, finding: the public interest in transparency and accountability of disciplinary process was not outweighed by risks involved; all relevant considerations on costs were taken into account and balanced appropriately; and the confidentiality order on costs was properly made.

HPDT number: DH17/403P

Ms Beck was charged with practising without a current Annual Practising Certificate (APC) for almost four months, during which she treated 344 patients.

The HPDT found the charge established. It considered it significant that Ms Beck knew her APC had expired but continued to practise because she could not afford the renewal fee. The HPDT emphasised that the APC requirement is an important professional obligation and not merely an administrative requirement.

Ms Beck was censured, fined $500, and ordered to pay $5,600 towards the costs of the proceedings.

HPDT number: Dtech17/405P

Mrs Anderson was charged with practising without a current Annual Practising Certificate (APC) for more than seven months, during which she provided professional services to 74 patients.

The HPDT found the charge established. It considered it significant that Mrs Anderson continued to practise despite repeated reminders from the Dental Council and after being expressly advised that she must cease practising until her APC was renewed.

Mrs Anderson was censured, fined $1,000, and ordered to pay $10,150 towards the costs of the proceedings.

HPDT number: Den17/387D

Dr Liston was charged with professional misconduct arising from his treatment of a patient with a tongue lesion, including incorrectly interpreting biopsy results and failing to recommend appropriate treatment or referral.

The HPDT found that Dr Liston failed to act appropriately on biopsy results showing carcinoma in situ, provide accurate information to the patient, and recommend appropriate further treatment or referral. His conduct amounted to negligence, malpractice and conduct bringing discredit to the dental profession.

Dr Liston was censured, fined $5,000, and ordered to pay $21,000 towards the costs of the proceedings. Dr Liston appealed part of the penalty imposed. The appeal was dismissed.

HPDT number: DH17/390P

Ms Wiggins was charged with practising as a dental hygienist and dental therapist without a current annual practising certificate (APC) between May and October 2016, during which she treated 116 patients.

The HPDT found the charge established. While accepting that Ms Wiggins’ failure to renew her APC occurred in circumstances surrounding maternity leave and was not an attempt to conceal her practice, it emphasised that responsibility for ensuring a current APC is held rests with the practitioner.

Ms Wiggins was censured, fined $500, and ordered to pay $10,000 towards the costs of the proceedings.

HPDT number: Den16/368P

Dr Zimmerman was charged with professional misconduct for continuing to provide dental and orthodontic services to multiple patients while suspended from practising by the Dental Council because of concerns about his competence and the risk of serious harm to the public.

The HPDT found that Dr Zimmerman knew what the suspension required but continued to practise in direct contravention of it. His conduct amounted to malpractice and conduct bringing discredit to the dental profession.

Dr Zimmerman’s registration was cancelled and he was censured. He was required to complete specified education or training before applying for re-registration and ordered to pay $22,500 towards costs.

HPDT number: Den15/337P

Dr M was charged with professional misconduct relating to alleged failures in infection control and hygiene practices, treatment provided to a patient undergoing multiple extractions, and the conduct of a dental examination of another patient.

The HPDT was not satisfied that the allegations were established and found that the evidence did not prove that Dr M had failed to meet required professional standards in any of the circumstances alleged.

All five particulars of the charge were dismissed, with the HPDT finding that none had been proved to the required standard.

HPDT number: Den15/309D

Dr Lakra was charged with professional misconduct arising from his treatment of a patient undergoing root canal treatment, including failing to disclose that an instrument had fractured and remained in the tooth, failing to adequately explain treatment options and obtain informed consent, and failing to maintain adequate clinical records.

The HPDT found that Dr Lakra failed to meet his professional obligations regarding disclosure, informed consent and record-keeping. The clinical treatment itself was not considered inappropriate. His conduct amounted to professional misconduct.

Dr Lakra was censured, fined $3,000, and ordered to pay 30 percent of the costs of the proceedings.

HPDT number: Den14/278P

Dr G was charged following convictions for sexual offences involving children, arising from conduct in which he permitted and encouraged young boys to view pornographic material and engage in sexual behaviour in his presence.

The HPDT found that the convictions reflected adversely on Dr G’s fitness to practise as a dentist. It considered the offending serious and fundamentally inconsistent with the ethical and professional standards expected of a registered health practitioner.

Dr G’s registration was cancelled, he was censured, and conditions were imposed that he would be required to satisfy before seeking re-registration. He was also ordered to pay $5,958 towards costs.

HPDT number: Dtech13/268P

Mr Adams was charged with providing and promoting clinical dental technology services outside his scope of practice and practising as a dental technician without a current Annual Practising Certificate (APC) for approximately three and a half years.

The HPDT found that Mr Adams had undertaken and promoted work for which he did not have the appropriate qualifications or authority, amounting to malpractice and conduct bringing discredit to the profession. It also found the charge of practising without a current APC established.

Mr Adams was censured, fined $4,500, and ordered to pay $22,000 towards costs. Conditions were also imposed on his practice for three years, including requirements relating to a Dental Council practice audit and remediation of any identified deficiencies.

HPDT number: Den13/240P

Dr Rabih was charged with professional misconduct arising from inappropriate sexual behaviour towards a dental sales representative during a business meeting at his dental practice, including non-consensual kissing and touching.

The HPDT found that Dr Rabih had engaged in serious inappropriate verbal and physical conduct towards the complainant, involving a significant breach of professional boundaries. The conduct was found to amount to professional misconduct.

Dr Rabih was censured, his registration was suspended for three months, and he was ordered to pay $50,000 towards the costs of the proceedings.

Dr Rabih appealed the HPDT’s finding of professional misconduct, the suspension, and costs. The PCC cross-appealed against the decision not to impose conditions on Dr Rabih’s practice. Both appeals were dismissed.

HPDT number: Dtech13/255P

Mr Vitali was charged with practising as a dental technician without a current annual practising certificate (APC) for 19 months.

The HPDT found the charge established. While accepting that Mr Vitali had not intentionally ignored his obligation to renew his APC, it found that he had been seriously remiss in continuing to practise for 19 months despite receiving repeated reminders from the Dental Council.

Mr Vitali was censured, fined $2,200, and ordered to pay $6,500 towards the costs of the proceedings.

HPDT number: Den13/246P

Dr Sathe was charged following convictions for dishonest use of documents and false accounting arising from false and inflated claims for publicly funded dental treatment. The offending involved approximately $49,000 and included creating false clinical records to support the claims.

The HPDT found that the convictions reflected adversely on Dr Sathe’s fitness to practise. It considered the offending a serious breach of trust, particularly because it occurred in his professional practice, involved public funds, and included falsification of patient records.

Dr Sathe was censured and suspended for 12 months, with conditions imposed on his practice for a further two years. He was also ordered to pay $9,000 towards costs.

HPDT number: Den13/249P

Dr Petelo was charged with practising dentistry without a current annual practising certificate (APC) for 10 days after his certificate expired.

The HPDT found the charge established. Although the period was relatively short and Dr Petelo ceased practising when directly advised to do so, it emphasised that responsibility for ensuring a current APC is held rests with the practitioner and noted that he had received several reminders and had previously been warned following a late APC application.

Dr Petelo was censured, fined $500, and ordered to pay $4,000 towards the costs of the proceedings.

HPDT number: Dtech13/232P

Mr Devine was charged with practising without a current annual practising certificate (APC) between 1 and 20 April 2012.

The HPDT found the charge established. It emphasised that practitioners have a personal responsibility to obtain a current APC before practising, while recognising that Mr Devine’s period of practice was relatively short and involved work for only two patients.

Mr Devine was censured, fined $500, and ordered to pay $1,750 towards the costs of the proceedings.

HPDT number: Dtech13/233P

Mr Stokes was charged with practising without a current annual practising certificate (APC) for approximately four weeks, during which he continued to see patients despite receiving repeated reminders about his APC obligations.

The HPDT found the charge established. It considered it significant that Mr Stokes continued to practise after being expressly advised that he was not entitled to do so without a current APC, and emphasised that holding an APC is a central requirement of the regulatory regime.

Mr Stokes was censured, fined $1,500, and ordered to pay $9,000 towards the costs of the proceedings.

HPDT number: Dtech13/234P

Mr van Vliet was charged with practising without a current annual practising certificate (APC) for 23 days.

The HPDT found the charge established. Although there had been issues with reminders being sent to Mr van Vliet’s old contact details, it emphasised that responsibility for renewing an APC and keeping contact details current rests with the practitioner.

Mr van Vliet was censured, fined $750, and ordered to pay $2,000 towards the costs of the proceedings.

HPDT number: Dtech13/236P

Mr Wolmarans was charged with practising without a current annual practising certificate (APC) between 1 and 23 April 2012, despite receiving reminders about the need to renew his certificate.

The HPDT found the charge established. While accepting that the failure to renew resulted from errors and delays in his application, it emphasised that responsibility for ensuring a current APC is held rests with the practitioner and that Mr Wolmarans had continued to practise during the period of non-renewal.

Mr Wolmarans was censured, fined $500, and ordered to pay $500 towards the costs of the proceedings.

HPDT number: Dth12/229P

Mrs Griffen was charged with practising without a current annual practising certificate (APC) between 1 and 18 April 2012.

The HPDT found the charge established. Mrs Griffen knew that her APC needed to be renewed and that she could not practise until it had been received, but nevertheless practised during the relevant period. The Tribunal also recognised difficulties with the processing and delivery of her renewal application.

Mrs Griffen was censured, fined $500, and ordered to pay $2,000 towards the costs of the proceedings.

HPDT number: Den12/231P

Dr Moon was charged with professional misconduct for continuing to practise dentistry while suspended by the Dental Council because of concerns about his compliance with requirements for managing medical emergencies in dental practice.

The HPDT found that Dr Moon knowingly continued to practise while suspended. His conduct amounted to malpractice, negligence and conduct bringing discredit to the dental profession, and the HPDT considered that his breach of the suspension placed the public at risk.

Dr Moon was censured, fined $5,000, and ordered to pay $5,000 towards costs. A 12-month suspension was deferred for two years and would not take effect if he complied with conditions requiring ethics training and professional mentoring during that period.

The PCC appealed the decision to defer the suspension, and Dr Moon cross-appealed the suspension. The Court quashed both of these decisions. Dr Moon’s appeal against conditions, fine and costs were dismissed. 

HPDT number: Den12/218P

Dr Kim was charged following criminal convictions for dishonestly obtaining student allowances totalling approximately $23,000 by repeatedly providing false information about his marital status.

The HPDT found that the convictions reflected adversely on Dr Kim’s fitness to practise as a dentist. It considered the repeated dishonesty inconsistent with the honesty and integrity required of a health practitioner.

Dr Kim had already removed himself from the New Zealand register. The HPDT stated that it would otherwise have suspended his registration for nine months, censured him, imposed conditions on any future practice in New Zealand, and ordered him to pay $10,000 towards costs.

HPDT number: Den12/219P

Dr Kewene was charged with practising without a current annual practising certificate (APC) after his certificate expired in September 2011, including treating 26 patients over three days while his APC remained outstanding.

The HPDT found the charge established and emphasised that responsibility for ensuring a current APC is held rests with the practitioner and cannot be left to an employer. It accepted, however, that administrative errors by Dr Kewene’s employer and his personal circumstances contributed to the failure to renew his APC.

Dr Kewene was fined $500 and ordered to pay $5,000 towards the costs of the proceedings. The HPDT did not impose a censure, regarding the offending as being at the minor end of the scale.

Dr Kewene appealed the HPDT’s decision to decline name suppression. The appeal was dismissed. 

HPDT number: Dtech11/199P

Mr Sutherland was charged with professional misconduct for providing and advertising clinical denture services outside his scope of practice, and with practising dental technology without a current annual practising certificate (APC).

The HPDT found both charges established. It found that Mr Sutherland knowingly provided clinical services he was not permitted to perform, including restricted activities, and continued to do so despite being advised of the requirements. The HPDT considered that his conduct placed members of the public at significant risk of harm.

Mr Sutherland’s registration was cancelled, he was censured, and he was ordered to pay $38,000 towards the costs of the proceedings. No fine was imposed.

HPDT number: 11/198P

Dr S was charged with practising without a current annual practising certificate (APC) for seven months.

The HPDT found the charge established. Dr S continued to practise despite multiple reminders about the need to renew his APC and, significantly, continued seeing patients after being specifically advised by the Dental Council that he was not entitled to practise until an APC had been issued.

Dr S was censured, fined $2,000, and ordered to pay $12,000 towards the costs of the proceedings. Due to personal circumstances, the practitioner’s name and identifying details were supressed. 

HPDT number: DH11/190P

Ms Janssen was charged following a criminal conviction for assault with a weapon arising from an incident in which she struck another person with a bottle and threw a wine glass at his face.

The HPDT found that the conviction reflected adversely on Ms Janssen’s fitness to practise. It emphasised the seriousness of violence and the importance of self-control and ethical behaviour for registered health practitioners.

Ms Janssen was censured and ordered to pay 25 percent of the costs of the proceedings. A three-month suspension was deferred for six months and would not take effect if no further complaints were made against her during that period.

HPDT number: Den11/184P

Dr Payne was charged following criminal convictions for dishonestly using false invoices and obtaining money by deception in connection with his dental practice.

The HPDT found that the convictions reflected adversely on Dr Payne’s fitness to practise. The offending was deliberate, occurred over more than two years, was for his own financial gain, and involved significant breaches of trust within a professional environment.

Dr Payne was censured and conditions were imposed on his practice for three years. A nine-month suspension was deferred for 24 months and would lapse if no relevant matters arose during that period. He was also ordered to pay $12,000 towards costs.

HPDT number: Den05/21D

Dr A was charged with professional misconduct arising from the extraction of a patient’s tooth during an emergency consultation, including allegedly failing to adequately advise the patient of alternative treatment options and failing to take an X-ray before extraction.

The HPDT was not satisfied that the alleged failure to adequately advise the patient about treatment options had been proved. It found that while taking an X-ray would have been highly desirable, the failure to do so in the circumstances did not amount to professional misconduct.

The charge against Dr A was dismissed.

HPDT number: Den05/05D

Dr Zimmerman was charged with professional misconduct arising from complex implant treatment provided to a patient, including allegations concerning treatment planning, informed consent, specialist referral and clinical record-keeping.

The HPDT found that Dr Zimmerman failed to adequately inform the patient of the risks associated with the proposed implant treatment and maintained grossly inadequate clinical records. These failures amounted to professional misconduct; the remaining allegations were not proved.

Dr Zimmerman was censured and ordered to pay $21,903.62 towards the costs of the proceedings. The HPDT also recorded his undertaking that he would no longer practise complex implant surgery.

Dr Zimmerman appealed the HPDT’s decision to decline permanent name suppression. The appeal was dismissed.

HPDT number: Den05/04D 

Dr Aladdin was charged with professional misconduct arising from his treatment of a patient requiring restoration of a front tooth, including inadequate crown and post treatment and inadequate clinical record-keeping.

The HPDT found that Dr Aladdin’s treatment fell well below basic standards of dental practice. His treatment failed to adequately support and retain the crown, subsequently compromised the remaining tooth structure, and was accompanied by seriously deficient clinical records. Each of the three particulars amounted to professional misconduct.

Dr Aladdin’s registration was cancelled and he was required to demonstrate appropriate retraining and competence before seeking re-registration. He was also ordered to pay $5,000 towards the costs of the proceedings.

HPDT number: 04/02D

Dr Aladdin was charged with professional misconduct arising from root canal treatment provided to a patient, including inadequate treatment of two teeth, failing to refer the patient to an endodontist in a timely manner, and inadequate clinical record-keeping.

The HPDT found that Dr Aladdin failed to provide adequate root canal treatment and continued with an unacceptable “wait and see” approach rather than referring the patient for specialist care. His treatment failures and inadequate records cumulatively amounted to professional misconduct.

Dr Aladdin’s registration was cancelled and he was required to demonstrate appropriate retraining and competence before seeking re-registration. He was also ordered to pay $5,000 towards the costs of the proceedings.