New Zealand’s Health and Disciplinary Tribunal (HDT) has ruled that Tauranga based optometrist Karl Richard Fischer be struck off the register and ordered to pay costs and a fine totalling $25,500.
The HDT decision came after a hearing between a professional conduct committee (PCC) appointed by the Optometrists and Dispensing Opticians Board (ODOB) and Fischer, who was not represented.
In March 2022, when Fischer was called by the ODOB’s deputy registrar to remind him his Annual Practising Certificate was expiring and asked whether he was going to renew it, Fischer replied it was “not their business”, according to the tribunal report.
The report noted that between 1 April and 10 August 2022 Fischer practised optometry without a practising certificate, and between 21 January 2022 and 28 July 2022 he acted in an inappropriate and/or unprofessional manner in failing and/or refusing to engage with both the ODOB and the PCC. The findings included that these actions amounted to professional misconduct. The PCC said this had “brought or is likely to bring discredit to the profession.” The HDT report also expressed the tribunal’s “disquiet at Mr Fischer’s intimidating conduct, including sending inappropriate and intimidating text messages to one of the board’s witnesses appearing before the tribunal”.
Fischer has been ordered to pay $23,500, which equates to 60% of the PCC and tribunal’s estimated costs, plus a fine of $2,000. Fischer’s registration was cancelled from May 2024 and he may not reapply for registration before the end of May 2025.
The HDT noted if Fischer continued to practise as an optometrist after his registration is cancelled, he will be subject to further substantial fines: “The Tribunal expects that cancellation of Mr Fischer’s registration will therefore be a deterrent on him if he continues to practise as an unregistered optometrist.”
