The Australian Health Practitioner Regulation Agency (AHPRA), with support by the Medical Board of Australia, recently noted it has successfully prosecuted fake doctor Raffaele Di Paolo - one of the more grisly providers of 'fertility' services for further offences under the National Health Practitioner Regulation Law. His company, Artemedica Pty Ltd, was also prosecuted, with additional fines totaling $28,000.
AHPRA states that it started investigating Di Paolo after receiving a notification from the Health Services Commissioner in Victoria. This led to separate investigations in Victoria and Queensland. AHPRA filed charges against Di Paolo and Artemedica in the Magistrates’ Court of Victoria and against Di Paolo in the Magistrates’ Court of Queensland at Southport.
In the Victorian proceedings AHPRA alleged that Di Paolo had:
- knowingly or recklessly used words that could indicate he was a medical practitioner and/or a specialist health practitioner
- claimed to be a specialist health practitioner by using the term ‘gynaecologist’ or the term ‘obstetrician’ in relation to himself, and
- failed to state that he was not a medical practitioner, or that he was in fact a homeopath.
- procuring sexual penetration by fraud,
- obtaining financial advantage by deception and
- indecent assault.
He pleaded guilty to five of the AHPRA charges, incurring a $5,000 fine and AHPRA’s costs. On 13 August 2018 at the Magistrates Court in Melbourne, Artemedica pleaded guilty to three charges of knowingly or recklessly holding out another person as a registered health practitioner by using the initials “MD” in relation to Di Paolo on invoices sent by the Company. (Di Paolo was the sole director and shareholder of Artemedica; the court noted it had no assets. Artemedica was fined $8,000, and ordered to pay AHPRA’s costs.
In Queensland last month Di Paolo did not contest the charges in Southport Magistrates’ Court. He had been charged with offences relating to using a specialist title and using words to indicate he was a registered medical practitioner at a medical conference in Queensland in September 2014 at which he was a guest speaker. He was convicted, fined $20,000 and ordered to pay AHPRA’s costs of $8,577.
Last month the Medical Board of Australia announced that Marek Jantos has been sentenced in the Adelaide Magistrates Court after being convicted of holding himself out as a registered psychologist and unlawfully using a specialist medical title. Conviction follow charges laid by AHPRA.
A company operated by Mr Jantos, Behavioural Medicine Institute of Australia, was also convicted of misleading and deceptive advertising. Mr Jantos and his company were fined a total of $16,000. Mr Jantos pleaded guilty to two charges which included unlawfully claiming to be a specialist in the field of ‘pain medicine’ and unlawfully claiming to be a registered psychologist. The Behavioural Medicine Institute of Australia pleaded guilty to a charge of false, misleading or deceptive advertising of a regulated health service.
In 2007, Mr Jantos’ registration as a psychologist was cancelled by the then Psychology Board of South Australia. At the time the Board maintained the decision was necessary ‘in order to protect the public from similar behaviour.’ The behaviour considered by the Board included invasive physical therapy in the context of psychological treatment. AHPRA alleged that between 21 May 2014 and 30 June 2014, Mr Jantos displayed signage at his business premises stating he was a Member of the Australian Psychological Society (MAPS). Mr Jantos has not been a registered psychologist since 25 June 2007 and resigned his membership of MAPS on 6 May 2008.
This and other examples of signage at his premises could have falsely led patients to believe he was a registered psychologist. In addition, AHPRA alleged that between 17 April 2014 and 30 June 2014 Mr Jantos used terminology that would lead patients to believe he was a medical specialist. An advertising placard displayed at the premises advertising pain medicine, indicated that Mr Jantos was qualified as a specialist medical practitioner in the field of pain medicine when he was not. Mr Jantos’ own website and other websites also misled the public by stating ‘his clinical specialty is Behavioural Medicine.’ AHPRA
