Occupational therapist got intimate with 'vulnerable' client

The Health and Disability Commissioner is urging an occupational therapist to apologise to a "vulnerable" man she had an intimate relationship with, and undertake further training on the management of boundaries.

On Monday, Deputy Health and Disability Commissioner Vanessa Caldwell released a report finding an occupational therapist in breach of the Code of Health and Disability Services Consumers’ Rights for failing to maintain professional boundaries.

The man, in his 30s, was referred to the medical registered occupational therapist through ACC after he sustained a brain injury at work.

The man was suffering from depression, lacked self-confidence and was unable to work.

The therapy was intended to help him navigate a return to work, as well as develop resilience and coping mechanisms.

However, within the first few weeks of the 12-week programme which began in July 2018, the occupational therapist and man began exchanging "personal and intimate" text messages.

The relationship then escalated to physical contact, which occurred during appointments.

Their relationship ended after the 12-week programme, but was found out through a co-worker of the occupational therapist.

Caldwell said the woman failed to comply with professional, ethical and other relevant standards.

"The difficulties the man was facing, as well as physical and mental health concerns, increased his vulnerability," she said.

"By sending inappropriate text message communications, entering into an intimate relationship, and engaging in physical sexual contact with the man, the occupational therapist failed to maintain appropriate professional boundaries set out in the rehabilitation service Code of Conduct and the Occupational Therapy Board of New Zealand’s Code of Ethics and Professional Boundaries Guide."

Caldwell recommended the occupational therapist to undertake further training relating to the management of boundaries, reapply for her annual practising certificate and provide a written apology to the man.

She also recommended that the Occupational Therapy Board consider whether the occupational therapist should undertake a competency review and further training should she register for an annual practising certificate.