Dr Joselito De Leon – Professional misconduct – Registration cancelled

1 May 2019

The Health Care Complaints Commission prosecuted a complaint against general practitioner Dr Joselito De Leon before the NSW Civil and Administrative Tribunal (‘the Tribunal’).  The complaint concerned Dr De Leon’s alleged breach of professional boundaries and poor treatment in relation to two female patients suffering from mental health conditions in 2015 and 2016.  

The Commission alleged that Dr De Leon:
• Received Patient A at his home, offered her alcohol, and gave Patient A gifts and money, as well as inviting her to spend time with him in a social setting.   Dr Leon also wrote over 400 text messages text messages to Patient A, many of which were of a sexual, intimate or otherwise inappropriate nature. He also attempted to end the therapeutic relationship with Patient A by phone while on holidays without making alternative arrangements for Patient A and failed to seek assistance when Patient A presented to his home unwell.
• Invited himself over to Patient B’s home, arriving with alcohol and expressing a desire to kiss her.  Dr De Leon also went on a long road trip with Patient B and expressed a desire to be her friend.  Dr De Leon also offered Patient B stocks of medication without charge.
• Overprescribed to, and prescribed without authority to both patients.
• Lied to the Medical Council of NSW about being the author of his text messages to Patient A.
• Failed to keep adequate medical records for aspects of his management of both patients.

Dr De Leon did not participate in the proceedings.

In its decision dated 29 March 2019 the Tribunal found all allegations against Dr De Leon proved and that the conduct amounted to professional misconduct.  It cancelled Dr De Leon’s registration as a medical practitioner and ordered that he not seek review of the cancellation until after 14 November 2022.

The Tribunal decision may be found on the NSW Caselaw website.

Further Information

For further information, contact the Executive Officer of the Health Care Complaints Commission, on 9219 7444 or send an email to media@hccc.nsw.gov.au.

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.