Melanie Holowach

1. Ms. Melanie Holowach was an occupational therapist registered with the College practising in the Kingston area.
2. Arthritis Society Matter:
   1. From about June 2002 to about May 2003 Ms. Holowach worked for Employer one.
   2. Upon leaving Employer One, Ms. Holowach had some client files that were not completed. Ms. Holowach agreed to promptly complete the files and return them to Employer One.
   3. Despite many follow up communications Ms. Holowach failed to complete or return the files. She also failed to return the communications made to her. In fact, she continues to hold the files belonging to Employer One.
   4. Ms. Holowach did not respond to the College attempts to investigate the complaint made about this matter.
   5. Effective November 1, 2004, the failure to comply with the requests of Employer One constituted a breach of the Personal Health Information Protection Act, 2004.
   6. The conduct specified above jeopardized the ability of Employer One and others to provide ongoing care to clients.
   7. The conduct specified above constitutes professional misconduct as defined in paragraphs 2 (standard of practice), 15 (substandard records), 26 (contravening a law), 28 (unprofessional conduct), 29 (misappropriating property), 33 (failing to cooperate in a College investigation) and 34 (reply to College) of Ontario Regulation 800/93, as amended.
3. ADP Matter:
   1. Around the summer and fall of 2003 Ms. Holowach assessed a number of clients for the Assistive Devices Program (ADP).
   2. Ms. Holowach failed to submit her assessment results to ADP.
   3. Ms. Holowach failed to respond to communications from the vendors and ADP.
   4. Ms. Holowach's authorization status with ADP was suspended around April of 2004.
   5. Some of Ms. Holowach's ADP assessments were for an employer called Employer two. Around August 2003 Ms. Holowach's status with Employer two went from permanent to casual. Ms. Holowach was to complete visits and documentation for approximately 8-10 clients by October 2. 2003. Ms. Holowach failed to complete her visits with those clients by October 2, 2003 or to complete her files for them or to submit her required work statistics sheets. Ms. Holowach failed to respond to communications from Employer two. Employer two had to go to Ms. Holowach's home to pick up the files.
   6. Ms. Holowach did not respond to the College attempts to investigate the complaint made about this matter.
   7. The conduct specified above jeopardized and delayed the clients' ability to obtain funding for assistive devices to which they were entitled.
   8. The conduct specified above constitutes professional misconduct as defined in paragraphs 2 (standard of practice), 15 (substandard records), 28 (unprofessional conduct), 29 (misappropriating property), 33 (failing to cooperate in a College investigation) and 34 (reply to College) of Ontario Regulation 800/93, as amended.

• Section 2 Contravening a standard of practice of the profession or failing to maintain the standards of practice of the profession
• Section 28 Engaging in conduct or performing an act relevant to the practice of the profession that having regard to all circumstances would be regarded as unprofessional.
• Section 29 Misappropriating property from the work place
• Section 33 Failing to cooperate with a College investigation
• Section 34 Failing to reply appropriately or within reasonable time to a written enquiry made by the College.

1. THE DISCIPLINE PANEL ORDERS the Registrar to suspend the certificate of registration of Ms. Holowach for a minimum period of six months commencing on a date to be fixed by the Registrar.
2. THE DISCIPLINE PANEL ORDERS that after the six months referred to in paragraph 1, the Registrar shall lift the suspension of Ms. Holowach's certificate of registration once she fully complies with paragraphs 7, 8 and 9 of this Order.
3. THE DISCIPLINE PANEL ORDERS that the Registrar impose a term, condition and limitation upon the certificate of registration of Ms. Holowach that should Ms. Holowach be referred to the Quality Assurance Committee, that she fully cooperate with and participate in all aspects of the Quality Assurance Program as required. This includes responding promptly and appropriately to all written and verbal communications from the College, to fully participate in any peer assessment directed by the Committee and to diligently complete any enhancement opportunities recommended by or any remediation program specified by the Quality Assurance Committee.
4. THE DISCIPLINE PANEL ORDERS that the Registrar impose the following term, condition and limitation upon the certificate of registration of Ms. Holowach. If Ms. Holowach resumes practicing as an occupational therapist, she is to ensure that performance review reports acceptable to the Registrar are prepared and delivered to the Registrar by Ms. Holowach's employer on a semi annual basis. A performance report shall be provided for each six months of actual practice of occupational therapy by Ms. Holowach for the first year of her actual practice as an occupational therapist. Each performance report shall contain a chart review by Ms. Holowach's supervisor (or an alternative person acceptable to the Registrar) of at least five randomly selected client charts. Each performance report shall also contain a section completed by an occupational therapist who attended with Ms. Holowach on at least two client visits during the six month period and which contains an assessment of Ms. Holowach's overall assessment process, clinical reasoning, documentation and follow-up with each client. If Ms. Holowach's supervisor and/or occupational therapist colleague is unable or unwilling to assist Ms. Holowach in fulfilling the obligations of this section of this Order, the Registrar shall appoint an external reviewer to perform a similar review at Ms. Holowach's expense.
5. THE DISCIPLINE PANEL ORDERS that the Registrar impose a term, condition and limitation upon Ms. Holowach's certificate of registration that Ms. Holowach not supervise other occupational therapists or students for a period of actual practice of occupational therapy of one year following completion of the suspension.
6. THE DISCIPLINE PANEL ORDERS that the Registrar impose a term, condition and limitation upon the certificate of registration of Ms. Holowach that within 60 days of the order being made Ms. Holowach diligently search her possessions for all documents she has relating to her work at the Arthritis Society and deliver them to the Society and then deliver an affidavit to the Registrar that she has done so.
7. THE DISCIPLINE PANEL ORDERS that Ms. Holowach appear before a panel of the Discipline Committee to be reprimanded and that the fact of such a reprimand be recorded in the public portion of the register.
8. THE DISCIPLINE PANEL ORDERS that Ms. Holowach pay to the College $7000 towards the costs and expenses of investigating and prosecuting this matter, payable in full by May 31, 2006.
9. THE DISCIPLINE PANEL ORDERS that the terms, limits and conditions set out in paragraphs 3, 4, and 5 shall be removed when all have been successfully completed in the opinion of the Registrar.