Andrea Franchini

As a registered Physiotherapist (PH105028) your fitness to practise is impaired by reason of misconduct. In that when you were treating Service User 1:

1) On or around 12 September 2019, you:

a) Requested that Service User 1 remove her bra in an unclear manner;

b) Removed Service User 1’s bra without consent;

c) Confirmed to Service User 1 that she needed to remove her bra for treatment and/or allowed Service User 1 to remove her bra for treatment when there was no clinical justification for treatment being given that necessitated Service User 1 removing her bra.

d) Placed your hands on Service User 1’s breasts without clinical justification and/or communication;

e) Allowed Service User 1’s breasts to be exposed when asking her to turn over on the treatment table;

f) Allowed Service User 1’s breasts to become exposed during treatment when she was lying supine, and did not take any action to remediate and/or prevent this;

g) When conducting an exercise which involved you sitting behind Service User 1, with your arms clasped around her chest, you allowed Service User 1’s breasts to be exposed, and did not take any action to remediate and/or prevent this;

h) when conducting the exercise referred to at particular 1(g) above, you pressed your arm against Service User 1’s breast and/or nipple

2) On or around 19 September 2019, you:

a) Massaged the side of Service User 1’s breasts, without clinical justification and/or communication;

b) Massaged Service User 1’s chest, without clinical justification and/or communication;

c) When performing exercises on Service User 1’s chest, you performed them in a manner which allowed Service User 1’s breasts to become exposed;

d) Confirmed to Service User 1 that she needed to remove her bra for treatment and/or allowed Service User 1 to remove her bra for treatment when there was no clinical justification for treatment being given that necessitated Service User 1 removing her bra;

e) When conducting an exercise which involved you sitting behind Service User 1, with your arms clasped around her chest, you allowed Service User 1’s breasts to be exposed, and did not take any action to remediate and/or prevent this.

3) On or around 26 September 2019, you:

a) Confirmed to Service User 1 that she needed to remove her bra for treatment and/or allowed Service User 1 to remove her bra for treatment when there was no clinical justification for treatment being given that necessitated Service User 1 removing her bra;

b) Touched Service User 1’s breasts without clinical justification and/or communication;

c) When conducting an exercise which involved you sitting behind Service User 1, with your arms clasped around her chest, you allowed Service User 1’s breasts to be exposed, and did not take any action to remediate and/or prevent this;.

4) On or around 10 October 2019, when massaging:

a) Confirmed to Service User 1 that she needed to remove her bra for treatment and/or allowed Service User 1 to remove her bra for treatment when there was no clinical justification for treatment being given that necessitated Service User 1 removing her bra;

b) You brushed your groin against Service User 1’s hand.

c) When your groin brushed against Service User 1’s hand as described in 4a, your ***** was ‘semi-stimulated’;

5) During treatment of Service User 1 on each of the above dates, you did not obtain informed consent from Service User 1.

6) Your assessment and/or clinical notes for the treatment of Service User 1 on 12 September 2019 were inadequate in that:

a) You did not obtain and/or record an adequate subjective history including:

(iii) Details of easing or aggravating movements and postures;

(iv) Details of previous treatment.

b) You did not undertake and/or record an adequate objective examination including:

(iv) Details of the movements that cause pain and/or those movements that were more limited;

(v) Details of the location of tenderness between the shoulder blades;

(vi) Details of the testing method for establishing the tenderness between the shoulder blades;

c) You did not record any specific anatomical structures or pathology to aid your diagnosis;

d) You did not record the following items in your clinical records adequately and/or at all:

(vi) The nature and/or purpose of the massage given;

(vii) The structures treated utilising muscle energy techniques or trigger point therapy;

(viii) The direction or amplitude of mobilisation used;

(ix) The levels of the spine that were treated;

(x) The breathing exercises used

7. Your assessment and/or clinical notes for the treatment of Service User 1 on 19 September 2019 and/or 26 September 2019 and/or 10 October 2019 were inadequate in that:

a) You did not obtain and/or record any subjective change in Service User 1’s condition since her previous treatment;

b) You did not obtain and/or record the direction and/or degrees of Service User 1’s movement

8. You copied and pasted sections of your clinical notes from previous clinical entries at follow up appointments with Service User 1 on 19 September 2019 and/or 26 September 2019 and/or 10 October 2019;

9) Your actions in paragraphs 1 – 4 breached the Caution Order placed on your registration by a Panel of the Conduct and Competence Committee on 29 July 2019.

10) Your conduct in paragraphs 1 – 4 were sexually motivated.

11) The matters set out in paragraphs 1– 10 constitute misconduct.

13) By reason of your misconduct your fitness to practise is impaired.