22 Sep 2016
The Queensland Civil and Administrative Tribunal (QCAT) has found that medical practitioner, Dr Sylvia Xiao Yun Yu, engaged in unsatisfactory professional conduct.
The Medical Board of Australia (the Board) referred the matter to the tribunal on 7 February 2012, alleging that Dr Yu had permitted her husband, Mr Gung Yu, to carry out surgical procedures on two patients (a skin biopsy on one patient and cryotherapy on another), had allowed these patients to claim benefits from Medicare under her name and had given false and misleading information during the course of the Board’s investigation particularly relating to Mr Yu’s experience and the procedures conducted by Mr Yu.
The alleged conduct took place at the Bethania surgery operated by Dr Yu and her husband. Mr Yu was a medical practitioner in his native China, but was not registered as a medical practitioner in Australia. Dr Yu holds general registration and specialist registration in the field of general practice with the Medical Board of Australia.
Dr Yu admitted that she had allowed her husband, Mr Yu, to perform cryotherapy on one of the patients but the tribunal found that the allegation with respect to the performance of a biopsy on another patient was not proved. The improper Medicare claim was refunded by Dr Yu.
The tribunal stated that the conduct of Dr Yu, in allowing her husband to perform the cryotherapy procedure, together with the associated Medicare claim and false and misleading statement to investigators, warranted a decision of unsatisfactory professional conduct by Dr Yu.
On 19 October 2015 the tribunal found that Dr Yu had behaved in a way that constitutes unsatisfactory professional conduct pursuant to section 124 (1)(a) of the former Health Practitioners (Professional Standards) Act 1999. It ordered that she be reprimanded and that this should be recorded on the Board’s register of practitioners for a period of six months.
The reasons for the tribunal’s decision will be published on AustLii website