Public Statement in Relation to Mr Eduardo Soares Penques
19 Mar 2020
The NSW Health Care Complaints Commission conducted an investigation into the conduct of Mr Eduardo Soares Penques. The Commission found that Mr Penques provided dental services to at least two patients at his NSW residence. Mr Penques is not currently a registered dental practitioner and has never been registered in Australia.
Mr Penques was convicted in the NSW Local Courts of this conduct in regard to holding himself out as a dentist and carrying out restricted dental acts, and fined $16,500. He was additionally ordered to pay $3,173 in costs to AHPRA.
The investigation found that Mr Penques breached the Code of Conduct for Unregistered Health Practitioners under Schedule 3 of the Public Health Regulation 2012 in the following respects:
- Failed to provide a health service in a safe and ethical manner
- Failed to maintain competence in his field of practice
- Provided a health service outside his experience and training
- Provided a health service he was not qualified to provide
- Failed to assist his patients to find alternate health care professionals when required
- Failed to encourage his patients to inform their treating medical practitioner of the treatments received
- Failed to ensure appropriate first aid was available
- Failed to adopt precautions for the control of infection
- Engaged in misinformation and misrepresentation in relation to services he provided
- Failed to provide services and treatment that were designed to maintain or improve Patient A’s and Patient B’s health or wellbeing
- Failed to maintain clinical records for Patients A and B
The Commission is satisfied that Mr Penques poses a risk to both the health and safety of members of the public.
The Commission therefore makes the following Prohibition Order:
Mr Eduardo Penques is permanently prohibited from providing any health service, either in paid employment or voluntarily, to any person.
For the purposes of this order ‘a health service’ carries the same meaning as defined under section 4 of the Health Care Complaints Act 1993.