Charge
A panel of the Health Practitioner’s Disciplinary Tribunal (the Tribunal) convened on 19 July 2023 to hear a charge laid by a Professional Conduct Committee (PCC) appointed by the Psychologists Board of New Zealand against Dr Carien Lubbe-De Beer, registered psychologist of Tauranga (the Psychologist).
The charge alleged that the Psychologist conducted herself in an inappropriate and/or unprofessional manner by:
- Failing to create or adhere to professional boundaries with her client, [Ms T];
- Fostering dependence and/or engendered feelings of being special in her client; and
- Failing to create or to keep adequate clinical records or records of her communications with [Ms T].
The PCC alleges that the Psychologist’s conduct is a departure from the Psychologists Board’s Code of Ethics and her conduct, either separately or cumulatively, amounts to malpractice or negligence and has brought, or is likely to bring discredit to the profession.
The Psychologist did not attend the hearing but accepted the charge and that it amounted to professional misconduct warranting disciplinary sanction. The hearing proceeded on the basis of an Agreed Summary of Facts.
The full charge is set out in the schedule of the full decision.
Background
The Psychologist first qualified and commenced practice as a psychologist in South Africa in 2001. In 2016, The Psychologist immigrated to New Zealand from South Africa with her partner, [Ms R]. In 2012, [Ms T], the complainant, had also immigrated with her partner [Dr G] from South Africa.
The Psychologist had a pre-existing social relationship with [Ms T] together with each of their respective partners. In spite of this, and with no professional boundaries in place from 1 June 2019 to 16 November 2019, the Psychologist provided therapy to [Ms T].
After therapy ceased, the Psychologist and her partner maintained phone and social contact with [Ms T] and her partner.
On 13 March 2020 the Psychologist sent a message to [Ms T]’s partner without [Ms T]’s knowledge or consent, indicating that she was concerned about [Ms T]’s mental health and suggesting she return for therapy.
By May 2020, after an apology meeting, the Psychologist deleted [Ms T]’s phone number as a contact which, in turn deleted her own record of the many texts exchanged during therapy and afterwards (aside from those in March 2020).
Finding
The Tribunal found the Charge of professional misconduct with four particulars cumulatively established as malpractice and negligence. This conduct also brought and was likely to bring discredit to the psychology profession and warranted a disciplinary sanction.
Psychologists should avoid a dual relationship with their clients that is both social and professional where that might present a conflict of interest.
Penalty
The Tribunal ordered:
- Censure;
- Conditions on the practitioner’s practice for a period of 18 months;
- A fine of $5,000;
- Contribution of 25% to the costs of the Tribunal and the PCC, fixed at $30,000.
The Tribunal directed publication and a summary of its decision.