A panel of the Health Practitioner’s Disciplinary Tribunal (the Tribunal) convened on 14 July 2022 to hear a charge of professional misconduct laid by a Professional Conduct Committee (PCC) appointed by the Medical Council of New Zealand against Dr PreechaponTovaranonte (the Doctor).
Charge:
In summary, the charge alleges:
- Between 2017 and 2019, the Doctor made disparaging online public posts and/or comments about other health practitioners in circumstances where the comments detracted or had potential to detract from the reputation of the third parties and/or potential to encourage criticisms of them.
The Doctor acted in an unprofessional manner in that on or around 14 July 2019 he submitted a complaint to the HDC about a Practice which formerly employed him.
- In 2020, the Doctor published, or allowed information to be published on his website “Beyond the Stethoscope” which was inaccurate and/or misleading in relation to his qualifications.
- The Doctor made inaccurate or misleading publication of his qualifications on his LinkedIn profile on 4 August 2020.
- This conduct either separately or cumulatively amounts to malpractice or negligence in relation to the Doctor’s scope of practice and has brought or is likely to bring discredit to the medical profession.
The particulars of the Charge are set out in full in the Schedule to the Decision.
Background:
The Doctor graduated from the University of Otago with a Bachelor of Medicine and Bachelor of Surgery (MBChB) in 2008. He obtained registration with the Medical Council of New Zealand on 4 May 2010.
The Doctor was contracted at [Health Centre A] from 21 October 2013 until his contract was terminated on 8 November 2016. He then worked at [Health Centre B] as a locum general practitioner (GP) from 28 September 2015 until his contract was terminated on 18 April 2019.
Prior to commencing work at [Health Centre B], the practitioner created the pseudonym “Paul Tavern” to use online. Using this pseudonym, the Doctor posted a disparaging and misleading Google review on [Health Centre A]’s Google page following the termination of his contract. He made a similarly disparaging comment on the health centre’s Facebook page.
Following the termination of his contract with [Health Centre B], the Doctor made several misleading posts and comments about the medical centre on the [ ] Community Facebook page, using his “Paul Tavern” pseudonym. He also lodged an HDC claim against [Health Centre B].
In 2014, the Doctor founded a website called ‘Beyond the Stethoscope’ with two of his colleagues. In 2020, the Doctor updated the website, creating two fictional profiles of alleged doctors for the “our Board and Team” page, as well as falsifying his own qualifications. In the same year, he also falsified his qualifications on his LinkedIn profile.
Finding:
When communicating publicly, medical professionals must observe professional standards as set out in the Code of Ethics and guidelines such as the Medical Council’s guidance on Social Media and the Medical Profession.
The Tribunal found all 4 particulars of the charge established as malpractice. The Tribunal held that particulars 1, 2 and 4 separately, and all four particulars cumulatively, were established as conduct that has brought or is likely to bring discredit to the medical profession.
Penalty:
The Tribunal ordered:
- Censure
- Conditions on practice, including engagement with a clinical psychologist, disclosure to future employers, professional monitoring, and training in professional ethics
- Fine of $8,000
- Costs of $40,000
The Tribunal directed publication of a its decision and a summary.