Public Statement in Relation to Ms Liya Rong

19 Feb 2020

 The NSW Health Care Complaints Commission conducted an investigation into the conduct of unregistered health practitioner, Ms Liya Rong and finds that Ms Rong has breached clauses of the Code of Conduct for Unregistered Health Practitioners under Schedule 3 of the Public Health Regulation 2012 in respect of:

  • Failing to provide health services in a safe and ethical manner (Clause 3(1)) by:
    • failing to maintain the necessary competence in her field of practice (Clause 3(2)(a)) 
    • providing health care of a type that is outside her experience or training (Clause 3(2)(b))
    • providing health services that she is not qualified to provide (Clause 3(2)(c))
    • failing to recognise the limitations of the treatment she could provide and referring the patient to other competent health practitioners (Clause 3(2)(f)
  • holding herself out as qualified as an acupuncturist (Clause 5(1))
  • not maintaining accurate, legible and contemporaneous clinical records for the client consultation (Clause 15) 
  • not having appropriate indemnity insurance arrangements in place in relation to her practice.

Ms Rong was working as an acupuncturist at ‘Great Wall Chinese Medicine Clinic’, located in the suburb of Hurstville NSW 2220.

The investigation found that Ms Rong:

  • Provided care and treatment to Patient A that resulted in the injury of a left pneumothorax. The reason the injury occurred is due to the fact Ms Rong is not competent and sufficiently qualified to practice acupuncture. 
  • Failed to provide a health service in a safe and ethical manner. 
  • Failed to maintain the necessary competence in her field of practice. 
  • Provided health care that is outside her experience or training. 
  • Prescribed treatment or appliances that were beyond the needs of the client. 
  • Held herself out as qualified to provide acupuncture. 
  • Failed to maintain accurate, legible and contemporaneous clinical records for client consultations. 
  • Failed to ensure that appropriate indemnity insurance arrangements were in place in relation to her practice.

Given the circumstances of the breaches of the Code of Conduct for Unregistered Health Practitioner – Public Health Regulation 2012, the Commission is satisfied that Ms Rong poses a risk to the health and safety of the public.

In her role as an unregistered practitioner, Ms Rong must provide health services in a safe and ethical manner. Ms Rong must provide services that are within her experience and training and only provide health services that she is qualified to provide. Ms Rong must not hold herself out to be an acupuncturist. Ms Rong must recognize the limitations of the treatment she could provide and refer patients to other competent health practitioners.  Ms Rong must maintain accurate, legible and contemporaneous clinical records for client consultations.  Ms Rong must have appropriate indemnity insurance arrangements in place in relation to her practice.

The Commission therefore makes the following prohibition order:

Ms Rong is permanently prohibited from providing acupuncture services and dry needling services, whether on a paid or voluntary basis, unless and until she satisfies the Commission that she has completed an Approved Program of Study recognised by the Chinese Medicine Board of Australia.

The Commission will make the finalized Statement of Decision publicly available under section 41B(3)(c) of the Act.

The Commission has removed from this Statement of Decision material which it considers to be confidential information pursuant to section 41B(5) of the Act.