When he returns to practice, a doctor who had sex with a patient in his clinic will not be permitted to be alone with female clients.

Today, Dr. Mokesh Raj received a formal one-year ban from practicing medicine, a censure, and an order to pay $23,000 for his legal costs.

A female patient Raj had been treating since 2010 sought an appointment to see him in 2017 while he was employed at the Hillpark Medical Centre in Manurewa, according to the summary of facts in the Health Practitioners Disciplinary Tribunal verdict that was released this morning.

For years, Raj and the woman had exchanged messages via texts and phone calls. That morning, he measured her blood pressure before they had their consenting sexual encounter in his office.

Another patient, who had been with Raj since 2013, saw him 38 times in the ensuing three years, during which time he prescribed her a number of medications.

The tribunal suppressed details of her medical history; however, she was visiting her doctor for problems arising from her partner's infidelity.

On February 16, 2016, Raj posed a hypothetical question to the woman: "What would she respond if he offered her money in exchange for sex?"

This led to a conflict between the two, and the woman brought up her concerns with the clinic's receptionist.

Two days later, Raj noted in his patient notes that the woman seemed unhappy, maybe as a result of his inappropriate behavior toward her.

She had offered to sell herself to him for $500 eighteen months earlier, he wrote in her file, but he had "severely counseled against" it.

“ … on 16th she mentioned she was engaged so I tested her frame of mind again asking supposing “I” as an unknown subject approached her, would she sell herself?” an excerpt of those notes reads.

“… I hugged her bye and she left - never have I approached her to have sex with me, in fact, I told my nurse about her initial offer.”

Raj continued by saying that even though the woman's sister was "more prettier than her," he had never treated her inappropriately.

Raj acknowledged having sex with a patient at his clinic at a hearing into his behavior that was held in February of last year by the tribunal.

While Raj acknowledged writing in the second woman's file, he denied claims that his actions amounted to malpractice or incompetence.

Raj was charged by the Professional Conduct Committee (PCC) for violating his patients' trust, which was the basis for his prosecution before the tribunal.

Along with the second patient, whom he approached, being extremely vulnerable, it was said that there was an inherent power imbalance.

The PCC noticed that this woman was clearly under stress in her relationships and finances, that she was 30 years younger than Raj, and that she relied more on him.

Raj's attorney, Harry Waalkens, countered that the woman did not testify before the tribunal, so there was little information available regarding the circumstances surrounding the first patient's sexual intercourse.

There is a national lack of general practitioners, particularly those who speak Hindi in a region like Manurewa, according to Waalkens, who claimed that suspending Raj would be detrimental to the community.

“He is so well-liked by his patients and colleagues and he’s made an error of judgment and paid a harsh price for it,” Waalkens told NZME on behalf of his client today.

“It’s a sad case all around, a sad case for the community and for the doctor.”

Waalkens stated that although it was against the law for medical practitioners to be romantically involved with their patients, this rarely happened.

“I’m not condoning it, but it’s one of these things that happens.”

In deciding on a penalty, the tribunal stated that it was well-established that violating sexual boundaries with patients at the time was not up to the standards expected by doctors.

“While the sexual intercourse was consensual, the conduct also brings discredit to the profession as it is a clear departure from what the public would expect from a member of the medical profession,” its ruling reads.

In the second patient's file, it was said that Raj's notes were "foolish and inappropriate" and that, generally, he struggled with maintaining sexual boundaries.

“Patients do not expect to hear or read the types of comments that were directed to [the woman] and her sister, and where they are made, the reputation of the profession as a whole suffers.”

Although it was required to apply its rules consistently, the tribunal stated that it had given due consideration to the shortage of general practitioners, particularly those who speak Hindi.

Raj received a 12-month suspension, and until he completes the training the tribunal ordered, he will need to have a chaperoned health professional accompany him to all appointments with female patients when he returns to practice.

(Input from various sources)

(Rehash/Priyanka Pandey/MSM)