Dentist banned for having sexual relationship with patient

03 Dec 2024

A dentist in Western Australia has had his registration cancelled and been disqualified from applying for registration for two years for having a sexual relationship with a patient, as well as inappropriate self-prescribing, poor record keeping and breaching patient confidentiality.

Dr Kai Nalder treated Patient A in March 2019 and advised her to have three teeth crowned, which was completed at a subsequent appointment in April 2019.

Dr Nalder and Patient A commenced a sexual relationship after the second appointment, which included Dr Nalder consuming cocaine and alcohol and engaging in sexual activities with Patient A at a hotel in April 2019.

In late May 2019 Dr Nalder and Patient A argued while staying at the patient’s house. During this argument, Dr Nalder used excessive force to re-enter Patient A’s house after being locked out, and against Patient A to remove her from his car before he left.

The Dental Board of Australia (the Board) took immediate action to suspend Dr Nalder on 8 July 2019 after being made aware of the alleged conduct. Dr Nalder remained suspended under immediate action until the State Administrative Tribunal made final orders on 4 November 2024.

In an agreed statement of facts presented to the State Administrative Tribunal in Western Australia, Dr Nalder was also found to have:

• failed to obtain and keep clear records of informed consent for Patient A’s treatment
• sent a picture of his appointment calendar to Patient A, disclosing confidential patient information
• self-prescribed diazepam on one occasion
• failed to keep clear and accurate records in relation to appointments with two other patients treated between 2017 and 2019
• failed to notify the Board within seven days when he was charged by WA Police with assault and unlawful property damage, in relation to the May 2019 incident.

The Tribunal agreed that Dr Nalder’s behaviour constituted professional misconduct. In addition to the cancellation and disqualification from the register, the Tribunal ordered Dr Nalder be reprimanded and pay $12,000 of the Board’s costs.

Dr Nalder’s cooperation with the investigation, early remorse and concessions to the allegations were noted by the tribunal among mitigating factors.