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HPDT decision – Yan Shi

The Health Practitioners Disciplinary Tribunal has released its decision regarding the charge of professional misconduct brought by a professional conduct committee against physiotherapist Yan Shi (also known as Kevin Yan Shi Shiel) following his conviction for offences involving dishonesty.

On 18 April 2018 Mr Shi was convicted in Auckland District Court on six charges. Three charges were of forgery pursuant to section 256(1) of the Crimes Act 1961. Three charges were of dishonestly using a document pursuant to section 228(1)(b) of that Act.

The PCC laid a charge before the Tribunal under section 100(1)(c) of the Health Practitioners Competence Assurance Act because it considered that Mr Shi had been convicted of offences that reflected adversely on his or her fitness to practise, even though they had occurred outside his practice.

The Tribunal found that the Charge against Mr Shi was made out. It determined that Mr Shi should be censured and suspended from practice for nine months. When he returns to practice, Mr Shi must practice under supervision for a period of 18 months. He must also demonstrate to the satisfaction of the Board that he has competence in law and ethics involved in the running of his practice. The full decision document is available here.

The Board’s Aotearoa New Zealand Physiotherapy Code of Ethics and Professional Conduct outlines expectations for practitioners and can be read here.

Mr Shi has filed an appeal in the High Court against the Tribunal’s decision and the PCC has filed a cross-appeal against the decision of the Tribunal not to award costs against Mr Shi.