A panel of the Health Practitioner’s Disciplinary Tribunal (“the Tribunal”) convened on 5 April 2023 Dunedin and on 2 June 2023 via AVL to hear a charge laid by a Professional Conduct Committee (“the PCC”) of the Medical Council of New Zealand (“the Council”) against Dr Salil Christy Elias (“the Doctor”).
Charge
In summary, the charge alleges that the Doctor:
- Inappropriately made payments to Ms S on two occasions; and
- Made a payment to Ms S of $407.35; and
- Engaged in sexual conduct with Ms S in his surgery on two occasions; and
- Inappropriately prescribed Ms S opioids and medications with the risk of dependence over a period of four years; and
- Made a misleading statement to the Medical Council about the alleged sexual conduct; and
The conduct alleged above at particulars 1 to 5 amounts to professional misconduct in that, either separately or cumulatively, it has brought or is likely to bring discredit to the profession, pursuant to section 100(1)(b) of the Act.
The full Charge is laid out in the Schedule of the decision.
Background
The Doctor qualified as a medical practitioner in India in 1992. He first obtained general registration in New Zealand in 2000. At the relevant time of the Charge, from July 2012 until November 2016, the Doctor was working as a GP at Health Centre A. Ms S was his patient during this time.
Ms S was a vulnerable patient with an extensive history of victimisation, mental illness and addiction issues. Ms S was frequently seen at Health Centre A with injuries compatible with drug abuse, and in an inebriated state.
On 11 November 2016 the Health and Disability Commissioner received a complaint from Ms S’ psychotherapist, alleging the Doctor had engaged in sexual misconduct. Initially, the Doctor denied all allegations. The HDC referred the matter to the Medical Council. Due to discovery of both DNA evidence and several payments from the Doctor to Ms S, the Medical Council notified the Police of the alleged sexual misconduct.
The PCC determined to bring a Charge against the Doctor before the Tribunal. However, it was agreed that the PCC would await the outcome of criminal charges that had been brought against the Doctor. The criminal charges were dismissed in the District Court in 2022 on the basis that the complainant’s evidence was unreliable, that it would be unsafe to allow the case to go to a jury, and that there had been undue delay by the prosecution.
The PCC laid the Charge in August 2022. The Doctor admitted the conduct in the five particulars of the Charge.
Finding
The profession, as well as the public, expect doctors to maintain professional boundaries and ensure that they refrain from sexual activity in the doctor / patient relationship.
The Tribunal found the Charge of professional misconduct including five particulars, separately and cumulatively, established as professional misconduct.
The Doctor’s conduct was a serious departure from professional standards. As accepted by the Doctor, his conduct warranted a disciplinary sanction.
Penalty
The Tribunal ordered:
- Cancellation of registration
- Censure
- Conditions on re-registration
- The Practitioner is to pay 40% of the total costs of the PCC investigation and hearing estimated costs, fixed at $45,498.
The Tribunal directed the Executive Officer to publish the decision and a summary on the Tribunal’s website.