Philip James Baxter’s health registration cancelled after watchdog investigation

A NSW health practitioner has been banned from working in the profession for five years after a tribunal found he inappropriately touched a female patient’s chest, nipples, and genitalia without consent.

A North Coast health practitioner has been banned from practising and had his registration cancelled after a tribunal found him guilty of unsatisfactory professional conduct and professional misconduct.

The NSW Civil and Administrative Tribunal heard over a period of time doctor Philip James Baxter had inappropriately massaged a female patient’s breasts, nipples, genitalia and inserted his fingers into the victims intimate areas without consent because he was “in love”.

It was alleged that between June 2017 and May 2018, while working in Byron Bay and Ballina, Baxter also acted outside the scope of a medicine practitioner.

It is alleged he sent inappropriate text messages to the victim, and failed to maintain adequate clinical records for her.

Baxter denied some of the allegations stating: “My recollection is that the breast touching started at a later time”.

The matter was heard in the NSW Civil and Administrative Tribunal.

He told the tribunal he avoided “treating the area directly” to protect the victim’s modesty but he was “in love with her” and genuinely believed she had romantic feelings for him.

Hearings were held on June 19 and 20 with written submissions presented to the Tribunal on July 4 and 18.

It was alleged Baxter sent the victim text messages offering free treatments and a link to a dating website.

He told the victim: “You’re wonderful. You just keep going and don’t give up. I think you are amazing”.

She responded: “I just seem to attract cowardly men”.

Baxter then asked the victim out for a drink to “avoid being called cowardly”.

North Coast acupuncturist Philip James Baxter has had his registration cancelled.

In a report provided by the victim to police in May 2018, she stated Baxter wasn’t qualified to do the “internal adjustments” and she wasn’t even aware he was going to perform such procedures on her.

“He started to touch me inappropriately, I told him no don’t do that and he said sorry,” the victim told her then partner.

“Something not so right happened last year but I thought it was more accidental – then he asked me out and I said no, I wasn’t interested.”

She said her “trust was compromised”.

Baxter said he explained the internal manipulation techniques and had received both verbal and written consent but he threw it out.

Baxter added he had made a “grave and terrible misjudgment” in thinking his sexual conduct had been consensual.

Baxter told the Tribunal he was in a state of exhaustion and stress, which he linked to childhood abuse by his brother, disputes in relation to the estate of his father and “confusion regarding boundaries”.

On December 14 the Tribunal cancelled Baxter’s registration with a non-review period of five years.

He is also prohibited from providing a health service for a period of five years, and was ordered to pay costs.