Tauranga optometrist struck off register

Tauranga optometrist Karl Fischer has been struck off as a registered optometrist by the NZ Health Practitioners Disciplinary Tribunal after being found guilty of serious misconduct.

An optometrist has been struck off the register and censured for two charges of professional misconduct and for operating without a licence.

Karl Richard Fischer, of Pāpāmoa Beach, was investigated by the Optometrists and Dispensing Opticians Board after he did not respond to several reminders to renew his annual practising certificate before it expired in March 2022.

The NZ Health Practitioners Disciplinary Tribunal published a decision on January 16 that said Fischer was ordered to pay $25,500 in fines and costs as a result of the investigation and the disciplinary hearing.

The Ministry of Health this week encouraged anyone who may have been treated by Fischer since his certificate lapsed to get in contact, and has confirmed it was aware of allegations he is practising without a certificate.

Fischer had been practising optometry under the trading name Fischer & Fischer Optometrists from Prince Ave in Mount Maunganui. In 2023 he moved the practice to a Grenada St, Pāpāmoa Beach address and changed the name to Fischer Eyecare Limited.

According to the tribunal decision, in January 2022, two months before Fischer’s licence was due to lapse, the board received a notice from him asking to “correct and delete all paper and electronic records” about him.

This notice was used by health professionals who had anti-vaccination or anti-mandate views and had sought registration with the Wakaminenga Kauniera Hauora Health Council (WHC) – a group that later was permanently ordered by the High Court not to claim it could register practitioners.

The deputy registrar responded the same day asking Fischer whether he was asking to be removed from the register and intending to stop practising as an optometrist.

Fischer’s certificate lapsed on March 31. A week later, board registrar Elmarie Stander called Fischer and spoke to a woman who said he was with patients.

On May 21, the board published a notice in the Bay of Plenty Times about its concerns he was practising without a certificate and invited affected patients to come forward.

The board received a letter in June from the WHC, described in the letter as “the officially recognized Health Authority in the Māori jurisdiction by the National Wakaminenga-Confederation of the United Tribes of Aotearoa Nu Tirani”.

The letter said the board was “harassing a duly registered WHC practitioner” who was providing community services and “practising in the Māori jurisdiction”.

On September 19, 2022, the Professional Conduct Committee charged Fischer with practising without a current certificate, and with two charges of professional misconduct – acting in an inappropriate and unprofessional manner, and failing or refusing to respond to the board and the committee.

In its written decision following a hearing on December 19, 2023, the tribunal said despite Fischer not participating in the investigation in any meaningful way, it was satisfied all three charges were proven.

“Mr Fischer’s conduct is a serious departure from his professional responsibilities expected of a registered optometrist … He has brought discredit to his profession,” the decision said.

“The tribunal expresses its 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.”

The tribunal said Fischer may have allowed his personal views about Covid-19 vaccination and vaccine mandates to “impact on his professional obligations”.

Censuring Fischer and cancelling his registration was the “only way that the public can be protected”, the tribunal said.

Fischer was fined $2000 and ordered to pay $23,500 in costs. He was also banned from reapplying for registration for 12 months from the date of the decision.

On the Fischer Eyecare website, Fischer was described as a “refractologist” and a “gifted clinician” who trained in his native country of South Africa as a dispensing optician.

“I will always recommend the best solutions and provide a precise explanation of the ins and outs. My passions are finding the right outcomes for my customers, motorbikes and lost souls,” the website said.

“I have worked for big corporations and come to realize [sic] the only way that I can deliver an all round quality eye care and outstanding eyewear is to open my own practice and listen to my patients instead of an overseas boss.”

The Bay of Plenty Times has approached Fischer for comment.

In a statement, a Ministry of Health spokeswoman said allegations of people practising without holding a current annual practising certificate were taken seriously.

“We encourage any members of the public who believe they had been treated by Mr Karl Fischer while he may have been operating without a licence, if they are willing to provide information about their visit to Mr Fischer, to please email enforcement@health.govt.nz.”

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