Public Statement and Statement of Decision in relation to Mr Majid Rahebi

 

10 January 2019

The NSW Health Care Complaints Commission conducted an investigation into the professional conduct of unregistered practitioner Mr Majid Rahebi. From around 29 May 2017 to 7 March 2018, Mr Rahebi claimed to be a dentist and practised at premises 2/129 Fairfield Road, Guildford West under the business name ‘MJ Dental Care’. Following an investigation and subsequent prosecution by the Australian Health Practitioner Regulation Agency (AHPRA) Mr Rahebi and his company MJ Dental Care Pty Ltd were convicted of 31 charges of being a non-prescribed person carrying out restricted dental acts and 44 charges of a non-registered health practitioner using name etc. to indicate they are authorised or qualified to practice.

Mr Rahebi provided health services to patients with complex dental issues and performed restricted dental acts such as extractions and root canal treatment, which he is not qualified to provide.

In April 2018, Mr Rahebi was interviewed under caution by officers of AHPRA. Mr Rahebi admitted that he had no relevant qualifications nor was he registered as a dentist in Australia or any other country.  Mr Rahebi stated that he learned his dentistry skills from his father’s close friend in Iran.  Mr Rahebi stated that it was originally his intention to open MJ Dental Care and employ a dentist to work with him.  The patients were referred to him by word of mouth and he also advertised on the internet. 

The treatment of dental conditions, in particular restricted dental acts, require specialised qualifications, skills and training due to the complexity and potential seriousness of the conditions. To purport to be qualified and competent to treat such conditions without the required qualifications and training jeopardises appropriate and timely treatment and may have extremely significant health consequences for patients.  Mr Rahebi’s failure to complete the training required of a registered dental practitioner means that he has not undergone a structured, supervised and formally assessed clinical component required to underpin the provision of the health services he claimed he was qualified to provide.

The relationship of health practitioner and patient is one of trust such that members of the public must be able to believe and place their trust in what they are told by a healthcare professional. This is critically undermined where there is dishonesty on the part of the practitioner.  Mr Rahebi has wilfully and persistently over a considerable period of time misrepresented himself as a dental practitioner. Mr Rahebi does not hold any qualifications and is not qualified in any way to provide any dental services.

Mr Rahebi’s decision to provide health services in the absence of any training, experience and qualifications means that he is prepared to put his own needs before those of his patients.  Mr Rahebi acted with utter disregard to the health and wellbeing of his patients.  

On the basis of the above evidence the Commission found that Mr Rahebi breached the following clauses of the code of conduct for unregistered health practitioners, made under the Public Health Regulation 2012, Schedule 3:

  • Clause 3(1): a health practitioner must provide health services in a safe and ethical manner;
  • Clause 3(2)(b): a health practitioner must not provide health care of a type that is outside his or her  experience or training;
  • Clause 3(2)(c): a health practitioner must not provide services that he or she is not qualified to provide;
  • Clause 3(2)(f): a health practitioner must recognise the limitations of treatment he or she can provide and refer clients to other competent health practitioners in appropriate circumstances;
  • Clause 12(1): a health practitioner must not engage in any form of misinformation or misrepresentation in relation to the products or services he or she provides or as to his or her qualifications, training or professional affiliations;

Prohibition Order:

The Commission is satisfied that Mr Rahebi has breached the Cod of Conduct, poses a risk to the health or safety of members of the public, and therefore makes the following prohibition order:

  • Mr Majid Rahebi is permanently prohibited from providing any health services in any discipline in a paid or voluntary capacity. 

For the purpose of this order, ‘health service’ is given the meaning as defined under section 4 of the Health Care Complaints Act 1993.

Further Information

Access the Commission’s Statement of Decision here.

For further information, contact the Executive Officer of the Health Care Complaints Commission, on 9219 7444.

The information is correct at the time of publication.