The incident happened in July 2022. Photo / 123rf
A Whanganui osteopath has been censured and suspended for six months after a tribunal ruled he deliberately touched a client’s breasts.
In relation to an incident in 2022, the Health Practitioners Disciplinary Tribunal (HPDT) found Shaun Barry Hogan liable for conduct amounting to malpractice and conduct being likely to bring discredit to the profession.
The case, between Hogan and a committee appointed by the Osteopathic Council of NZ, was heard by the HPDT on June 4-5 last year.
The HPDT made its decision on October 10 last year, with its report released publicly last week.
The names of the complainant and her mother were suppressed.
The allegation arose from a consultation in July 2022, when the complainant, Ms S, received treatment and also sought advice about possible treatment options for her mother, who was also a patient of Hogan, the report said.
“Mr Hogan offered to demonstrate certain osteopathic techniques on [Ms S] so that she could then perform them on her mother at home.
“We have found that during this demonstration, Mr Hogan adjusted [Ms S’] bra, which had been unclasped and loosely draped across her breasts, and deliberately touched both her breasts under her bra by squeezing them.”
The report said Hogan denied any inappropriate touching, but the HPDT “considered key aspects of his account to be implausible or undermined by inconsistencies”.
Evidence was presented by Hogan, Ms S, her mother (Mrs E) and Auckland osteopath Clive Standen.
Mrs E said she had seen Hogan that day for treatment for a thoracic and lumbar sprain.
Like previous treatments, Hogan would lift her shirt and undo her bra before starting, she said.
He had never asked her to undo her bra or asked for her consent - he would “just do it”.
Mrs E said she did not consent to her breasts being touched in this way and what occurred went beyond what she had agreed to.
During an appointment with Hogan, about two hours after her daughter’s, Mrs E said he demonstrated the techniques on her, during which she was fully clothed.
The technique was different from that described by her daughter, Mrs E said.
A different osteopath, from whom Ms S sought treatment in 2023, encouraged her to make a complaint after Ms S told them what had happened with Hogan, the report said.
In his evidence, Standen said it was “not inherently unreasonable” for an osteopath to show a family member a technique that could assist in the care of another.
But, in his view, manipulation of other areas would have offered more benefit for Mrs E.
“It’s not something I would show to someone with no experience of, let’s call it body work of applying force to a patient,” he said.
“It’s really clear that the way that situation was managed was not the way it should have been managed.”
In a summary of Hogan’s evidence, he said the techniques he demonstrated were within the scope of accepted osteopathic practice, that he obtained consent from Ms S before demonstrating them and that he did not touch her breasts inappropriately.
The HPDT said it had little difficulty accepting Ms S’ account of events, “whereas we do have difficulty accepting Mr Hogan’s account”.
“We accept [Ms S’] account accordingly.”
As well as the six-month suspension of his registration, Hogan was required, at his own cost, to practise under regular mentoring by a council-approved mentor for 12 months.
“For a period of 12 months, Mr Hogan must not engage in osteopathic practices entailing the treatment of sensitive areas of unchaperoned female patients and must offer chaperoning to female patients in all other cases,” the report said.
“For a period of two years, Mr Hogan is required to inform any current or prospective employer of our decision and orders.”
Hogan was also required to complete “appropriate education in osteopathic ethics, osteopathic professional boundaries and accepted behaviours in osteopathic workplace settings, including education in sexual boundaries and informed consent”.
In a statement on behalf of Hogan and his family, his wife, Philippa Baker-Hogan, said he had denied and defended the complaint since 2022.
“He has fully complied with the whole process and conditions placed on his practice,” she said.
“While maintaining his defence of the complaint, he does regret any upset to the patient concerned.”
She said the family’s priority was supporting Hogan to return to practice in late July.
“We ask that our privacy be respected.”
Hogan was required to pay 40% (about $54,660) of the costs of investigation, prosecution and proceedings.
He was not required to undergo a psychological evaluation.
Mike Tweed is a multimedia journalist at the Whanganui Chronicle. Since starting in March 2020, he has dabbled in everything from sport to music. At present his focus is local government, primarily Whanganui District Council.