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Professional Misconduct

Hatem Hoso Serdah


Address: NSW, Australia
Sex: Male
Occupation: massage therapist
Date: 16 April 2013


Details



On 15 April 2013 the Health Care Complaints Commission concluded its investigation into the professional conduct of Mr Hatem Hoso Serdah, a remedial massage therapist and found he had breached the Code of Conduct for Unregistered Health Practitioners.


The investigation was the result of a complaint made to the Commission by a female patient of Mr Serdah in relation to inappropriate professional conduct of a sexual nature during a remedial massage, misleading the patient about the nature of his qualifications, experience and training and manipulating the patient’s thoracic spine when not qualified to do so.


Under section 41A(2)(a) of the Health Care Complaints Act, 1993 (“the Act”), the Commission has made a prohibition order and a public statement under section 42A(2)(b) of the Act.


The Commission has concluded an investigation into the professional conduct of a massage therapist, Mr Hatem Hoso Serdah. The investigation found that during a consultation on 13 September 2012 with a patient, Mr Serdah breached Clauses 3(1), 3(2)(b) and (c) and 12(1) of the Code of Conduct for Unregistered Health Practitioners (“The Code of Conduct”) by failing to provide a health service in a safe and ethical manner, providing health care of a type that was outside his experience or training and that he was not qualified to provide and by misrepresenting his qualifications and training, in that he:



  • failed to offer the patient a gown or ensure that she was appropriately draped with a towel throughout the massage

  • inappropriately and without therapeutic purpose lifted and separated the patient’s exposed buttocks

  • inappropriately and without therapeutic purpose touched the patient’s genital area on a number of occasions

  • inappropriately massaged the patient’s exposed breasts and touched her nipples

  • offered the patient a vaginal massage

  • misrepresented his qualifications and training in that he led the patient to believe that he was actually a trained physiotherapist and was trained to perform spinal manipulation

  • manipulated the patient’s thoracic spine without taking an appropriate medical history and without consent.


Under section 42A(2)(a) of the Act, Mr Serdah was prohibited from practising as a massage therapist for two years in either a paid or voluntary capacity.