A chiropractor’s claim that a patient she had sex with was her “partner” has been rejected by the Health Practitioners’ Disciplinary Tribunal. The woman, who has name suppression, was charged with acting in an inappropriate manner by engaging in an intimate or sexual relationship with a current patient. At a hearing in Auckland on Tuesday, the tribunal found she had committed professional misconduct and censured her. The chiropractor, referred to as Ms N, had admitted having a sexual relationship with the man, Mr H, while treating him between February and May 2017. But her lawyer Hannah Stuart argued the charge should be dismissed because the pair knew each other socially before he became her patient, their sexual relationship was “minor” and there was no power imbalance. The Chiropractic Board’s Code of Ethics states a chiropractor cannot have a sexual relationship with a patient “unless that patient is the chiropractor’s spouse or partner”. However, Anita Miller, the lawyer representing the Professional Conduct Committee, alleged Mr H was “clearly” not Ms N’s partner as their relationship had been casual and brief. Miller said sleeping with a patient was a serious breach of professional boundaries, regardless of whether it was consensual. The tribunal heard Ms N and Mr H met and became friends at a martial arts gym where they both trained in Brazilian jujitsu in October 2016. The following January, Mr H hurt his back and sought treatment from Ms N. At the time they were “just friends”, Ms N said. But, one night in February, the pair went out together in a group and Ms N invited Mr H back to her house, where she became “flirty” and they slept together. After that, they started seeing each other about two to five times per week and stayed at each other’s homes. Ms N said she made it clear to Mr H the relationship was not exclusive, but she did not see anyone else. She treated Mr H for his back injury a further six times between February and May and stopped charging him for the sessions. The chiropractor informed her employer about the nature of the relationship in April. About that time, the pair started arguing. They went on holiday over Easter, and while looking at Ms N’s phone without her consent Mr H discovered she planned to end the relationship. Later, Ms N admitted to wanting to end the relationship. Mr H became upset and took drugs and sleeping pills. Ms N said she tried to support him as a friend but the sexual relationship continued until May 27. In August 2017, Mr H complained to the Chiropractic Board about Ms N’s conduct. The complaint was heard by the tribunal, which ultimately decided Mr H was not Ms N’s partner. If and when Ms N returned to practice in New Zealand during the next three years she would be required to complete training or courses in ethical obligations and professional standards. The tribunal ordered Ms N to pay a quarter of the total investigation and tribunal costs of $60,796. It said Ms N “showed an overall lack of awareness and a degree of naivety about having a sexual relationship with a patient.
