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Decision No: 99/47C
Practitioner: Dr Miles Roger Wislang
Charge Characteristics: Practising without a practising certificate
Additional Orders: Interim suspension of registration:
9947csuspensionorder
Decision: 9947cfindings
Reasoned Decision: 9947cfindingsreasons
Supplementary Decision: 9947cfindingserratum
Appeal: Tribunal Decision upheld Wislang v MPDT (Auckland District Court, 27/4/00,  N.P. No. 4554/99 Cadenhead DCJ) 

Application for judicial review of Tribunal Decision dismissed Wislang v Medical Council of NZ & Ors (Wellington High Court, 21/6/2001, CP 219/00, Wild J) 

Decision of the High Court upheld Wislang v Medical Council of NZ & Ors (Court of Appeal, 4/3/02, CA 174/01, Blanchard J) 

Leave granted to appeal the Court of Appeal decision to the Privy Council Wislang v Medical Council of NZ & Ors (Court of Appeal, 27/4/02, CA 174/01, Blanchard J)
Decision of the Court of Appeal upheld Wislang v MPDT (Appeal No. 3 of 2003) [2004] UKPC 59

 

Charge:  

A Complaints Assessment Committee charged Dr Wislang was guilty of professional misconduct in that:

  1. In the course of performing hair transplantations upon a patient during 1996 and 1997 practised medicine without holding a current practising certificate; and/or
  2. He carried on the business of practice as a hair transplant surgeon without holding a current practising certificate.

 

Finding:

The Tribunal found Dr Wislang guilty of professional misconduct.

The Tribunal held Dr Wislang practised without a practising certificate between April 1994 to April 1998. He was aware that he did not have a practising certificate. Notwithstanding this, throughout that period he held himself out as a medical practitioner properly qualified and entitled to claim that status. He continued to treat patients and to obtain, prescribe and administer drugs.

 

Penalty:

The Tribunal ordered that Dr Wislang's registration be suspended for two months. Dr Wislang was censured; fined $8,500.00 and ordered to pay $18,301.14 towards the costs and expenses of and incidental to the inquiry, prosecution and the hearing.

 

Appeal:

Dr Wislang appealed the decision with a challenge to the costs awarded by the Tribunal.   The Court dismissed the appeal and upheld the Tribunal decision. (Wislang v MPDT (Auckland District Court, 27/4/00,  N.P. No. 4554/99 Cadenhead DCJ)).

Dr Wislang sought judicial review of the interim and final decision of the MPDT and the decision of the Medical Council of New Zealand to impose a condition on his practising certificate.  The application for judicial review was dismissed by the High Court.  (Wislang v Medical Council of NZ & Ors (Wellington High Court, 21/6/2001, CP 219/00, Wild J)).

Dr Wislang appealed the High Court decision.  The Court of Appeal upheld the High Court decision.  (Wislang v Medical Council of NZ & Ors (Court of Appeal, 4/3/02, CA 174/01, Blanchard J)).

Dr Wislang has been granted leave to appeal the Court of Appeal decision to the Privy Council.  (Wislang v Medical Council of NZ & Ors (Court of Appeal, 29/4/02, CA 174/01, Blanchard J)).

Decision of the Court of Appeal upheld (Wislang v MPDT (Appeal No. 3 of 2003) [2004] UKPC 59).