Dr Mohamed Payenda Zhouand Safi – Guilty of Professional Misconduct
22 Jun 2017
The Health Care Complaints Commission prosecuted a Complaint before the NSW Civil and Administrative Tribunal (NCAT) against Dr Mohamed Payenda Zhouand Safi, a general practitioner. The complaint related to one consultation on 9 February 2012 and alleged that Dr Safi:
- failed to undertake an appropriate sexual and gynaecological history in order to obtain informed consent prior to completing a pap smear and bimanual examination;
- failed to maintain adequate records in relation to the consultation; and
- inappropriately touched Patient A in a sexual manner and kissed and hugged her at the end of the consultation.
Dr Safi denied that he had engaged in any inappropriate behaviour of sexual nature towards Patient A and he denied his conduct amounted to professional misconduct.
NCAT published its decision on 9 May 2017 and found most of the particulars relating to the inappropriate sexual conduct proven. The Tribunal found that Dr Safi did engage in inappropriate conduct of a sexual nature in relation to Patient A and that he kissed and hugged her at the end of the consultation.
NCAT found Dr Safi guilty of unsatisfactory professional conduct and professional misconduct.
The Tribunal then considered Stage II submissions addressing protective orders.
On 20 June 2017 the Tribunal heard submissions and reserved its decision, however, made an interim order that Dr Safi’s registration is suspended until the Tribunal publishes its full stage 2 decision and orders.
On 29 June 2017, in the Stage II decision, the Tribunal ordered that Dr Safi’s registration is cancelled and that he may not apply to the Tribunal for review of the cancellation order for 18 months.
The Tribunal observed “the transgression of sexual boundaries in the doctor-patient relationship is a most serious matter and involves serious misconduct, albeit that it occurred once only with one patient and was opportunistic rather than predatory in nature.”
The Stage 1 decision is available at NSW Caselaw
The Stage II decision is available at NSW Caselaw
For further information, contact the Executive Officer of the Health Care Complaints Commission, on 9219 7444 or send an email to firstname.lastname@example.org.
The information in this media release is correct at the time of publication. Orders may change; for example, conditions may no longer apply. For current information regarding the status of a registered health practitioner, including any conditions that currently apply, please check the National Register at www.ahpra.gov.au.