An inquiry has recommended that a HSE physiotherapist should be censured for “scaremongering” remarks she made at public events which criticised vaccines, public health guidelines and the use of masks during the Covid-19 pandemic.
A fitness-to-practice inquiry found a series of allegations of professional misconduct proven against Anna Marie Stack Rivas over controversial comments she made in public on three separate occasions over a six-month period in 2020 while identifying herself as a physiotherapist and healthcare worker.
The remarks included stating it was “absolutely ridiculous” that the health service and government were pushing people to wear masks when it would make them sick.
Ms Stack Rivas claimed that “after two hours of wearing masks in school, you’re causing your children permanent brain damage.”
The physiotherapist also claimed it was “criminal” there were “dangerous ingredients” in Covid-19 vaccines, including carcinogenics and the DNA of aborted babies.
Ms Stack Rivas argued that health guidelines relating to the pandemic were “either maiming or murdering our children”.
She also claimed the HPV vaccine was “lethal”, and the Covid vaccine would damage people’s DNA.
At another stage, Ms Stack Rivas claimed what her colleagues were saying about the pandemic was “unethical”.
'Irresponsible'
The inquiry found that comments she made claiming “there was never a pandemic”, in combination with other remarks that it was a conspiracy with no evidence that Covid existed, also constituted professional misconduct.
It concluded that the physiotherapist’s comments were “irresponsible” and posed a risk as they were made during a public health crisis.
Ms Stack Rivas, who works for the HSE with children with disabilities in Limerick, admitted making the comments at a public event outside the GPO in Dublin on June 29th, 2020, and at another public gathering at an unknown location on December 19th, 2020.
The third event related to an online interview she gave on December 27th, 2020.
However, Ms Stack Rivas, who has been a registered physiotherapist since 2018, firmly rejected that her comments amounted to professional misconduct and insisted she was expressing honestly held opinions outside of her workplace.
She told the inquiry, held by CORU – the regulatory body of health and social care professionals – that a complaint made against her was “vexatious and malicious”.
Ms Stack Rivas also claimed her views did not affect her ability or capacity to work as a physiotherapist, and that she had complied at all times with HSE protocols, including in relation to masks and social distancing while at work.
However, she said she had chosen not to wear a mask when outdoors for health reasons and on the advice of her own doctor.
The statements misinformed or risked misinforming her audience regarding the existence and/or the prevention of Covid-19 and constituted scaremongering regarding those issues.
Announcing the inquiry’s decision to censure Ms Stack Rivas on Friday, the chairperson of CORU’s fitness-to-practise committee, Georgina Farren, said the findings against the physiotherapist were serious.
“The statements misinformed or risked misinforming her audience regarding the existence and/or the prevention of Covid-19 and constituted scaremongering regarding those issues,” said Ms Farren.
Apart from showing some limited insight by admitting she had made certain comments, Ms Farren said the physiotherapist had shown little or no remorse for her conduct.
The committee said a series of other comments which Ms Stack Rivas had made about Covid during the same public events had not been found beyond reasonable doubt to constitute professional misconduct.
They included stating that Covid was “no more than a bad flu” and that hospitals were not overwhelmed.
Others were that masks were “satanical symbols”, and that anyone over 70 in nursing homes was being “culled”.
Ms Farren said the committee took no comfort from the fact that Ms Stack Rivas did not understand the seriousness of her statements, noting that it appeared she had taken no steps to ensure the same conduct would not be repeated.
Context
Ms Farren said the committee accepted that she was expressing her views outside a physiotherapy context and had been “Covid-19 compliant” in her workplace.
For that reason, she said the sanction being recommended was “as lenient as possible”.
While Ms Farren acknowledged there was great uncertainty and public debate at the time about the Covid-19 pandemic, she said they did not justify Ms Stack Rivas’ comments but did put them in a context.
The committee also accepted the evidence of several work colleagues which described Ms Stack Rivas as a good and conscientious physiotherapist with a blemish-free career prior to the inquiry.
Ms Farren said the recommended sanction of censure should demonstrate to Ms Stack Rivas the seriousness of its findings and deter her from similar conduct in the future.
She said it also highlighted the gravity of her professional misconduct to other healthcare professionals and should help to maintain public confidence in physiotherapists and the regulatory process.
Ms Farren described censure as the “most lenient and appropriate” sanction given Ms Stack Rivas had shown limited insight into her comments, and it struck a balance between her misconduct and allowing her to continue working in her chosen profession.
The formal sanction will be determined at a forthcoming hearing of CORU’s council before coming before the High Court for confirmation.
The original sitting of the inquiry last June was adjourned after its chairperson, Susan Ahern, stepped down over a potential conflict of interest.
Ms Ahern, who is a member of the RTÉ board, recused herself from chairing the inquiry as some of Ms Stack Rivas’ comments were critical of the State broadcaster.
