Committee: Discipline
Decision Date: 19 May 2016
Summary:
On May 19, 2016, the Discipline Committee of the College of Physicians and Surgeons of Ontario found that Dr. Julie Lee Clowater has committed an act of professional misconduct in that she has engaged in conduct or an act or omission relevant to the practice of medicine that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.
PRACTISING WITH SUSPENDED CERTIFICATE
The certificate of registration of Dr. Clowater, a pediatrician with a community-based practice in Chatham, was suspended between September 7 and October 6, 2011 because of non-payment of fees. Despite being notified of this suspension, Dr. Clowater continued to practise during this time.
On September 7, 2011, the College sent Dr. Clowater a Notice of Suspension of Certificate of Registration advising her that her certificate of registration was suspended for non-payment of fees. The Notice stated that if Dr. Clowater wished to resume practice in Ontario, she would have to apply to the College for reinstatement. The Notice also advised her that, if she were to reapply, her reinstatement would not be automatic; rather, it would take time to review and process her reinstatement application. Lastly, this September 7, 2011 Notice instructed Dr. Clowater not to resume practice until the College had advised her that her certificate had been issued.
The College received Dr. Clowater’s reinstatement application fee on September 19, 2011. College staff emailed Dr. Clowater on September 28, 2011 to advise that her application was incomplete and that she therefore was not authorized to practice medicine. The College staff member asked Dr. Clowater to confirm whether she had practiced medicine after September 7, 2011.
Dr. Clowater emailed the College staff member back on September 28, 2011, saying, “I have not been practicing since september (sic.) 7th 2011. I am awaiting your email to resume practice.” Dr. Clowater later acknowledged that the statement that she had not practiced since September 7, 2011 was untrue.
LAPSE IN PROFESSIONAL LIABILITY COVERAGE
Dr. Clowater practised medicine without professional liability coverage between November 1, 2010 and June 17, 2011. She submitted claims to OHIP for the period during which she did not have coverage.
In response to a College inquiry regarding her lapse in professional liability coverage, Dr. Clowater claimed that she first became aware that there had been a period of time during which her professional liability membership had not been in good stead after she received the College’s October 2013 letter. This was not true.
PENALTY AND COSTS
On July 22, 2016, the Committee ordered and directed that:
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- Dr. Clowater appear before the Committee to be reprimanded and the fact of the reprimand shall be recorded on the Register;
- The Registrar suspend Dr. Clowater’s certificate of registration for a period of three months, to commence on September 1, 2016;
- The Registrar impose the following term, condition and limitations on Dr. Clowater’s certificate of registration: Dr. Clowater shall complete a course in medical ethics
approved by the College within six months of release of this decision and shall provide
evidence of completion of this course to the College; and
- Dr. Clowater shall pay to the College costs in the amount of $5,000.00 within 60 days of the date of this Order.