The health watchdog has been unable to determine whether a woman was sexually assaulted during an acupuncture session.
A report recently released by Deputy Health and Disability Commissioner Carolyn Cooper couldn't determine whether an acupuncturist shoved his crotch in a woman's hand during treatment.
The report, however, did find that informed consent was breached.
The woman, who had received acupuncture treatment on a weekly basis for many years, went to an appointment with the acupuncturist, referred to as Mr B, for the first time in June 2019 for her repetitive strain injury (RSI).
The woman said Mr B performed standard acupuncture on her wrists and arms, however, it was the next appointment that she claims he acted "creepy".
In July 2019, the woman was running 10 minutes late to her second appointment with Mr B and said he was angry and did not accept her apology.
"He didn't really accept my apology so I was a bit nervous because of his attitude… He had tightness around [his] mouth, like seething. He didn't accept my apology in a non-verbal way. I thought he was weird," she said.
The woman claims Mr B remained in the room and watched her get undressed into her bra, underpants, and track pants, however, Mr B denies staying in the room.
The woman then said she then lay face down while Mr B applied a product to her back and started cupping, which is a type of alternative therapy that involves placing cups on the skin to create suction.
She said he did not explain the intended acupuncture treatment or the acupressure and gave her no warning before touching her.
The woman then claims Mr B, who was fully dressed, began to shove his crotch into her right hand as she lay on the table.
She said she moved her hand away and after a few moments, he stopped.
"I put both hands under my body so he couldn't put his [crotch] into my hand. I was frozen with fear and lay there wondering what to do next. He stopped doing what he was doing when I put my hands under my body."
She also claims he made a comment that she has a great body for her age, which Mr B said was intended to be an affirmative statement because the woman said she felt old and tired.
The woman made a complaint to the police and the owners of the clinic who arranged that Mr B would only work at the clinic at times when the owner was present.
She decided not to lay any charges.
Mr B said he wasn't angry at the start of the appointment and "categorically denies" that at any stage of the appointment he shoved his crotch into the patient.
He said it was possible that his body came into contact with her hand given the narrow dimension of the table, saying it would most likely have been his thigh, not his groin.
Expert advisor and acupuncturist Thomas Lin said it would be inappropriate for Mr B's thigh to touch the woman, even by accident, and that he should have been mindful of the challenges of the narrower table and taken care to avoid such contact.
Cooper said the accounts are substantially different and because no one else was present it is difficult to determine exactly what happened.
The Deputy Commissioner accepted that some part of the practitioner's body came in contact with the woman's hand, however, was unable to determine what part of his body and whether it was deliberate or not.
The practitioner was also found to have breached two codes for not providing adequate information to the woman who was, therefore, unable to make an informed choice and give informed consent.
Cooper recommended that the practitioner apologise in writing to the woman, and attend training, as approved by Acupuncture NZ, on draping techniques, client privacy, communication with clients, and the Code.
