Physio banned for six months after pressuring patient into sexual intimacy
A Qld physio who engaged in sexual acts with his patient has been reprimanded.
A Queensland physiotherapist who “placed some pressure” on his patient for sexual intimacy before she performed consensual oral sex on him, has been reprimanded and had his registration suspended for six months by a tribunal.
Sebastiaan Jacobus Van Den Brink from Airlie Beach faced disciplinary action in the Queensland Civil and Administrative Tribunal.
In their decision handed down on December 2, the tribunal made up of Judicial Member Ray Rinaudo and three others. ruled that Mr Van Den Brink was guilty of professional misconduct.
Mr Van Den Brink did not contest the claim that he engaged in sexual misconduct when his female patient performed the sex act at her home on February 28, 2020.
The tribunal heard that Mr Van Den Brink unexpectedly and uninvitedly went to the patient’s home late in the evening.
“While consensual, it is evident from Patient A’s evidence that the respondent placed some pressure on her for sexual intimacy and was persistent in his quest for it to occur,” the state’s health ombudsman submitted to the tribunal.
He had previously asked the patient if she was bisexual and whether she had sex with her boyfriend.
The health ombudsman submitted to the tribunal that Mr Van Den Brink’s consultations with the patient before the February 28, 2020 meeting “had a degree of intimacy” because they involved him massaging her and on one occasion revealing her bottom to perform dry needling.
The Queensland Office of the Health Ombudsman told the tribunal that Mr Van Den Brink’s conduct involved a persistent crossing of boundaries which, during the sessions, commenced with flirtation, inappropriate questions and progressed to sexual innuendo.
“He was persistent in the face of Patient A initially declining his invitations to meet outside the clinic for breakfast,” the health ombudsman stated.
Mr Van Den Brink did not admit the oral sex until after evidence had been filed and the matter was scheduled to commence within weeks, the decision states.
In November 2020 Mr Van Den Brink was ordered to be mentored by another registered physiotherapist when he worked.
He was also ordered do a “maintaining professional boundaries” course within three months and talk about his understanding of a practitioner’s role and responsibility to maintain professional boundaries with patients during a monthly formal mentoring session.
Originally published as Physio banned for six months after pressuring patient into sexual intimacy
