IN THE FAMILY HEALTH SERVICES APPEAL AUTHORITY

Case No:13073

 

 

MR P KELLY CHAIRMAN

 

DR P WRAY PROFESSIONAL MEMBER

 

MRS L WHITE MEMBER

 

 

BETWEEN

 

 

 

WEST HULL PRIMARY CARE TRUST

 

 

Applicant

 

 

and

 

 

 

 

MR MICHAEL SEMENUIK

(GDC NO: 59483)

Respondent

 

 

 

__________

 

 

 

 

 

 

 

DECISION WITH REASONS

 

 

 

 

  1. On 3 April 2006 the Respondent was sentenced to a term of imprisonment the length of which required the Applicant to discharge its mandatory duty and remove the Respondent from its Dental List.

 

  1. The Applicant now applies to convert the local removal into a National Disqualification under National Health Service Act 1948 sec.49N. The Respondent has been notified of the application and has indicated in writing that it is not opposed. Both parties agree the matter can be determined without an oral hearing.

 

  1. A 3 year prison sentence was imposed for a fraud upon the Dental Practice Board amounting to in excess of 600,000, committed over a period of years. Simply put the Respondent invented fictitious patients and forged 5,000-8,000 worth of fraudulent claims per month. Further particulars of the offences and background generally are contained in a summary of the case prepared by Mr. John Hinchliffe, Director of the Applicant Dental Agency, sent to the Respondent and read by the panel.

 

  1. In coming to its decision the Panel has taken into account the extensive co-operation of the Respondent throughout the long investigation into his criminality; his assistance to the Applicant in winding up his practice with the minimum inconvenience to his former patients; his guilty plea and his acknowledgement that he does not resist the application, thus saving time and expense. Against those mitigating factors remains the substantial amount of public money involved and that the fraud was carefully contrived, well concealed and ran over a number of years.

 

  1. Taking all material factors into account the Panel determines the Respondent be disqualified from inclusion in all lists held by all Health Authorities/Primary Care Trusts under 49F National Health Service Act 1948 or any succeeding or replacement provision.

 

  1. Further and by virtue of The National Health Service (General Dental Services) Regulations 1992 as amended (in force at the time of the local removal) the Panel are of the opinion that the criminal conduct of the Respondent is such that there is no realistic prospect of a successful review of this disqualification within two years from today and substitutes that reference by one of five years.

 

7. Finally, in accordance with Rule 42 (5) of the Rules we hereby notify that a party to these proceedings can appeal this decision under Sec 11 Tribunals & Inquiries Act 1992 by lodging notice of appeal in the Royal Courts of Justice, The Strand, London WC2A 2LL within 28 days from receipt of this decision.

 

 

 

 

 

Dated this day of August 2006.

 

 

..

Paul Kelly, Chairman