MEDICAL BOARD OF WESTERN AUSTRALIA and WOLMAN

The Medical Board of Western Australia and the respondent, Dr. Wolman, were before the court in a disciplinary proceeding against the latter. Dr. Wolman, a general practitioner, faced allegations of improper and sexual conduct towards a patient during a session involving hypnosis. The patient, who had been under hypnosis, alleged that Dr. Wolman embraced or hugged her during the session. The central dispute hinged on whether the patient had consented to the hypnosis and whether she was distressed before the alleged embrace, as well as whether Dr. Wolman should have advised the patient of his intention to touch or brought her out of hypnosis before doing so.

The court needed to decide whether Dr. Wolman's conduct constituted improper and sexual behaviour under the relevant professional standards. Specifically, the court had to consider if the patient had provided consent to the physical contact while under hypnosis and if Dr. Wolman had acted within the boundaries of professional conduct. Additionally, the court examined whether Dr. Wolman should have informed the patient about his intention to touch or terminated the hypnosis session before making physical contact.

In its reasoning, the court found that the patient had indeed been under hypnosis and had not consented to the alleged embrace, and there were indications she was distressed prior to the incident. The court concluded that Dr. Wolman should have either advised the patient of his intention to touch or terminated the hypnosis before engaging in physical contact. Given these findings, the court determined that Dr. Wolman's actions constituted improper and sexual conduct. The court found Dr. Wolman guilty of professional misconduct and imposed a penalty that included a fine and a requirement for additional professional development.