Hamilton physio found guilty of professional misconduct over patient boundary breaches

Physiotherapist Timi Tapara masturbated in a client’s bedroom after going to her home.

He also sent her inappropriate text messages and spoke about sexual topics, including adult entertainment website OnlyFans, during appointments.

In a decision released today, the Health Practitioners Disciplinary Tribunal found Tapara guilty of professional misconduct, resulting in a censure and 12 months’ supervision.

In 2018 Tapara incorporated Tū Tonu, a multidisciplinary health organisation in Hamilton where he practised as a physiotherapist and was the sole director.

The woman, who has permanent name suppression, was his patient from around mid-2022 to late 2023.

The decision said Tapara failed to take adequate clinical notes of his treatment of the woman and adequately obtain and record her informed consent to treatment and management.

He also failed to observe or maintain professional boundaries by discussing sexual-related and other inappropriate matters during physiotherapy sessions with the woman, including whether she was seeing someone and OnlyFans.

Between April and November 2023, Tapara exchanged personal, inappropriate text messages with the woman unrelated to work, at times concerning his health issues.

In October 2023, Tapara arranged to see the woman at her home.

She gave him a massage in her bedroom and he removed his clothing, leaving his underwear on.

During the massage, he touched his genital area through his underwear and became visibly aroused.

He then engaged in sexual activity by removing his underwear and masturbating in the woman’s presence.

Tribunal deputy chairperson Truc Tan said the conduct “fell well short of the standards” expected by a physio.

“The most serious failing concerned professional boundaries,” he said.

The decision said Tapara had told the tribunal that on reflection he had come to understand that he did not at first appreciate the nature of the duty of care he owed once a clinical relationship had begun.

He had known the woman socially before she became his patient, and had not appreciated the need to strictly manage professional boundaries to prevent a social connection from blurring his clinical role, the decision said.

He had since engaged in mentoring and supervision with a senior physiotherapist, directed at the professional boundaries he failed to maintain.

He had reflected on his conduct through tikanga and undertaken self-directed study of the Code and the Physiotherapy Standards.

He had since closed his clinical practice and had not been working as a physio for 14 months.

The tribunal agreed the penalty starting point would be four months’ suspension, but as Tapara had not been working as a physio for the past 14 months, a censure was appropriate.

He was also required to complete an ethics course and undergo supervision for 12 months when he returned to practise. He was ordered to pay $14,552.67 in costs.

Brianna McIlraith is a Queenstown-based reporter for Open Justice covering courts in the lower South Island. She has been a journalist since 2018 and has had a strong interest in business and financial journalism.