The customer told police she felt humiliated, disgusted and violated. Photo: 123RF
A traditional Chinese medicine practitioner has been sanctioned after using a vibrating massager on a woman for a "concerning amount of time" without her informed consent.
The woman made a complaint of indecent assault to police, saying the man had used the massager on her breasts and between her buttocks without her consent.
The police found there was not enough evidence to prosecute, but passed the matter to the Health and Disability Commission, which said the man breached multiple patient rights.
It was investigating whether he should face disciplinary action.
In her report, deputy commissioner Dr Vanessa Caldwell said the woman sought treatment for sciatica in her lower back, but the practitioner failed to fully advise her about the techniques used and the intimate areas to be treated.
The woman told the commission she was lying face down having acupuncture and cupping when she heard a buzzing noise behind her.
Dr B had not told her he was going to use a vibrating device, but used it between her buttocks, on her pubic bone and breasts, she said.
When she tried to push him away he said "no you need this", the report said.
The woman said Dr B told her she was beautiful - and that added to her stress and fear during the treatment.
She told the commission she was in "total and complete shock" and felt unable to say anything at the time.
She later told police she felt humiliated, disgusted and violated.
Dr B told the commission he had been using the massager all over the woman's body, following her "meridian line" to open energy channels. He focused on her tailbone and pubic bone, rather than her genitals, and had only hovered over the woman's breasts, he said.
He told the commission he did not get signed consent from his clients, but relied on implied consent, including eye contact.
Caldwell has referred the case to the part of the commission that decides whether disciplinary charges should be brought.
Dr B was not a member of the Chinese Medicine Council of New Zealand, but Caldwell said he should join to make sure he gets correct training in consent.
She asked the council to consider a review of Dr B's competence, in the event that he seeks registration with them.
Caldwell said the man breached the woman's right to be treated with respect and to make a fully informed choice. The findings were of a serious nature, and that was why further action needed to be investigated, she said.
