Holwell, James Patrick (CPSO#: 75845)

Current Status: Active Member as of 09 May 2007

CPSO Registration Class: Restricted as of 25 Mar 2015

Indicates a concern or additional information

Summary

Former Name: No Former Name

Gender: Male

Languages Spoken: English

Education:Memorial University of Newfoundland, 1999

Practice Information

Primary Location of Practice
P O Box 4200
707 Charlotte Street
Peterborough ON  K9J 7B3
Phone: (705) 741-1402
Fax: 7057413987
Electoral District: 06
View Professional Corporation Information

Professional Corporation Information

Corporation Name: Dr. James Holwell Medicine Professional Corporation

Certificate of Authorization Status: Issued Date:  Nov 25 2008

Shareholders:
Dr. J. Holwell ( CPSO# 75845 )

Business Address:
707 Charlotte Street
PO Box 4200
Peterborough ON  K9J 7B3
Phone Number: (705) 741-1402

Specialties

Specialty Issued On Type
Family Medicine Effective: 19 Jun 2001 CFPC Specialist

Postgraduate Training

Please note: This information may not be a complete record of postgraduate training.

University of Toronto, 09 Jan 2001 to 05 Feb 2001
Elective Trainee - Family Medicine

Registration History

Action Issue Date
First certificate of registration issued: Postgraduate Education Certificate Effective: 12 Jan 2001
Expired: Terms and conditions of certificate of registration Expiry: 05 Feb 2001
Subsequent certificate of registration Issued: Independent Practice Certificate Effective: 09 May 2007
Transfer of class of certificate to: Restricted certificate Effective: 25 Mar 2015
Terms and conditions imposed on certificate by member Effective: 25 Mar 2015
Terms and conditions amended by Inquiries, Complaints and Repo Effective: 21 Jun 2016

Practice Restrictions

Imposed By Effective Date Expiry Date Status  
Inquiries, Complaints and Reports Committee Effective: 21 Jun 2016 Active View Details [+]
            As from June 21, 2016, the following is imposed as a term, condition and
            limitation on the certificate of registration held by Dr. Holwell to the
            College of Physicians and Surgeons of Ontario:

                        UNDERTAKING, ACKNOWLEDGEMENT AND CONSENT 
                                          ("Undertaking")
                  
                                                of
                  
                                    DR. JAMES PATRICK HOLWELL
                                          ("Dr. Holwell")
                  
                                                to 
                  
                        COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO
                                          (the "College")
                  
            A.    PREAMBLE

            (1)   In this Undertaking:

                  "Code" means the Health Professions Procedural Code, which is Schedule 2
                  to the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as
                  amended; 
                  
                  "ICR Committee" means the Inquiries, Complaints and Reports Committee of
                  the College.
                  
            (2)   I, Dr. Holwell, certificate of registration number 75845, am a member of
                  the College.  The College has received information regarding my standard
                  of practice.

            (3)   I, Dr. Holwell, acknowledge that I am currently the subject of a College
                  investigation bearing File Number 7214330 (the "Investigation") into
                  allegations that I failed to maintain the standard of practice of the
                  profession and am incompetent. 

            (4)   I, Dr. Holwell, acknowledge that, upon receiving an original copy of this
                  Undertaking as signed by me, the College has agreed to take no further
                  action. 

            (5)   I, Dr. Holwell, acknowledge that I signed an undertaking dated March 25,
                  2015 (the "March 2015 Undertaking").  I acknowledge this undertaking
                  replaces the March 25, 2015 Undertaking.

            B.    UNDERTAKING

            (6)   I, Dr. Holwell, acknowledge and agree that I am bound by this Undertaking
                  from the date on which I sign it. 

            (7)   Prescribing Log

                  (a)   I, Dr. Holwell, shall keep a log of all prescriptions for Narcotic
                        Drugs, Narcotic Preparations, Controlled Drugs,
                        Benzodiazepines/Other Targeted Substances and all other Monitored
                        Drugs (the "Prescribing Log") in the form set out at Schedule "A",
                        which will include at least the following information:  
                  
                        (i)   the date of the prescription;
                        (ii)  the name of the patient with chart / file number;
                        (iii) the name of the medication prescribed;
                        (iv)  the medication dosage;
                        (v)   the quantity prescribed;
                        (vi)  the clinical indication for use and patient direction; and 
                        (vii) physician initials.
                  
                  (b)   I, Dr. Holwell, shall keep a copy of all prescriptions I write for
                        all Narcotic Drugs, Narcotic Preparations, Controlled Drugs,
                        Benzodiazepines/Other Targeted Substances and all other Monitored
                        Drugs, in the corresponding patient chart.
                  
            (8)   Clinical Supervision 

                  (a)   I, Dr. Holwell, undertake to practise under the guidance of a
                        clinical supervisor(s) acceptable to the College (the "Clinical
                        Supervisor(s)"), for  at least thirteen (13) months ("Clinical
                        Supervision"), who shall supervise my practice and who shall, among
                        other things: 
                  
                        (i)   meet with me weekly to review the Prescribing Log and all the
                              patient charts for the patients to whom I have prescribed
                              Narcotic Drugs, Narcotic Preparations, Controlled Drugs,
                              Benzodiazepines/Other Targeted Substances and/or  all other
                              Monitored Drugs;
                  
                        (ii)  meet with me weekly to review an additional ten (10) patient
                              charts randomly selected by the Clinical Supervisor;
                  
                        (iii) provide a report to the College after one month;
                  
                  (b)   I, Dr. Holwell, acknowledge that if the report from the Clinical
                        Supervisor(s) indicates that it is appropriate to do so and if
                        approved by the College, after a minimum of one (1) month from the
                        commencement of supervision set about in paragraph 8(a) above, the
                        Clinical Supervisor shall:
                  
                        (i)   meet with me monthly to review the Prescribing Log, and a
                              total of twenty (20) patient charts, ten (10)  of which
                              include patients to whom I have prescribed Narcotic Drugs,
                              Narcotic Preparations, Controlled Drugs,
                              Benzodiazepines/Other Targeted Substances and/or  all other
                              Monitored Drugs;
                  
                        (ii)  observe me in practice for a minimum of three hours every
                              month, to observe me in no fewer than 5 complete patient
                              encounters;
                  
                        (iii) provide a report to the College after three months; 
                  
                  (c)   I, Dr. Holwell, acknowledge that if reports from the Clinical
                        Supervisor(s) indicate that it is appropriate to do so and if
                        approved by the College, after a minimum of three (3) months from
                        the commencement of monthly supervision set out in paragraph 8(b)
                        above, the Clinical Supervisor shall:
                  
                        (i)   meet with me every three (3) months for nine (9) months to
                              review to the Prescribing Log and a total of twenty (20)
                              patient charts, ten (10) of which include patients to whom I
                              have prescribed Narcotic Drugs, Narcotic Preparations,
                              Controlled Drugs, Benzodiazepines/Other Targeted Substances
                              and/or  all other Monitored Drugs;
                  
                        (ii)  observe me in practice for a minimum of three hours every
                              three (3) months, to observe me in no fewer than 5 complete
                              patient encounters;
                  
                        (iii) provide a report to the College every three months;
                  
                  (d)   I, Dr. Holwell, acknowledge that I have reviewed the Clinical
                        Supervisor(s)'s undertaking, attached hereto as Appendix "B", and
                        understand what is required of the Clinical Supervisor(s). The
                        Clinical Supervisor(s) will, at minimum: 
                  
                        (i)   Facilitate the education program set out in the
                              Individualized Education Plan ("IEP") attached as Appendix
                              "C";
                  
                        (ii)  Discuss any concerns arising from the chart reviews;
                  
                        (iii) Make recommendations to me for practice improvements and
                              ongoing professional development and inquire into my
                              compliance with the recommendations; 
                  
                        (iv)  Perform any other duties, such as reviewing other documents
                              or conducting interviews with staff or colleagues, that the
                              Clinical Supervisor(s) deem necessary to my Clinical
                              Supervision; and
                  
                        (v)   Submit written reports to the College as set out above in
                              paragraphs 8(a)(iii), 8(b)(iii) and 8(c)(iii), or more
                              frequently if the Clinical Supervisor(s) has concerns about
                              my standard of practice.
                  
                  (e)   I, Dr. Holwell, acknowledge that the charts reviewed shall be
                        selected by the Clinical Supervisor(s) based on the educational
                        needs identified in the IEP set out at Appendix "B" to my
                        Undertaking, the Prescribing Log as well as the areas of concern
                        identified in the report(s) of the medical inspector dated January
                        22, 2015 and May 19, 2015 and concerns that may arise during the
                        period of Clinical Supervision.
                  
                  (f)   I, Dr. Holwell, undertake to cooperate fully with the Clinical
                        Supervision of my practice, conducted under the term of this
                        Undertaking and Appendix "B" attached, and to abide by the
                        recommendations of my Clinical Supervisor(s), including but not
                        limited to, any recommended practice improvements and ongoing
                        professional development.
                  
                  (g)   I, Dr. Holwell, undertake to ensure that Appendix "B" to this
                        Undertaking, is signed and delivered to the College within twenty
                        (20) days of the date I execute this Undertaking. 
                  
                  (h)   I, Dr. Holwell, undertake that if a person who has given an
                        undertaking in Appendix "B" to this Undertaking is unable or
                        unwilling to continue to fulfill its provisions, I shall, within
                        twenty (20) days of receiving notice of same, obtain an executed
                        undertaking in the same form from a similarly qualified person who
                        is acceptable to the College and ensure that it is delivered to the
                        College within that time.
                  
                        (i)   I, Dr. Holwell, agree that if I am unable to obtain a
                              Clinical Supervisor on the provisions set out under sections
                              (8)(g) and/or (h) above, I will cease practising medicine
                              until such time as I have obtained a Clinical Supervisor
                              acceptable to the College.  
                  
                  (j)   I, Dr. Holwell, agree that if I am required to cease practise as a
                        result of section (8)(i) above this will constitute a term,
                        condition or limitation on my certificate of registration and that
                        term, condition or limitation will be included on the public
                        register.
                  
            (9)   Professional Education  

                  (a)   I, Dr. Holwell, undertake to participate in and successfully
                        complete the following professional education:
                  
                        (i)   all aspects of the detailed IEP, attached hereto as Appendix
                              "B"; and
                  
                        (ii)  any additional professional education recommended by my
                              Clinical Supervisor(s).
                  
                  (b)   I, Dr. Holwell, undertake to provide proof to the College of my
                        successful completion of the professional education set out in
                        section (9)(a) within one (1) month of completing it.
                  
                  (c)   I, Dr. Holwell, acknowledge that a report or reports may be
                        provided to the College regarding my progress and compliance with
                        the professional education set out in section (9)(a).
                  
            (10)  Reassessment of Practice

                  (a)   I, Dr. Holwell, undertake that, approximately six (6) months after
                        the completion of the Clinical Supervision set out in section B(8)
                        above and Appendix "B" attached, I will submit to a Reassessment of
                        my practice ("the Reassessment") by an assessor or assessors
                        selected by the College (the "Assessor(s)").  I acknowledge and
                        agree that the Reassessment may include a chart review, direct
                        observation of my care, interviews with colleagues and co-workers,
                        feedback from patients and any other tools deemed necessary by the
                        College.
                  
                  (b)   I, Dr. Holwell, undertake to co-operate fully with the
                        Reassessment, conducted under the term of this Undertaking and to
                        abide by those recommendations of the Assessor(s) that are approved
                        by the ICR Committee.
                  
                  (c)   I, Dr. Holwell, acknowledge and agree that my Clinical
                        Supervisor(s) may receive and review the findings of the
                        Assessor(s), and may discuss with the Assessor(s) any issues or
                        concerns arising from the Reassessment.  I also acknowledge that
                        the results of the Reassessment will be provided to me and reported
                        to the College and the report may form the basis of further action
                        by the College. 
                  
                  (d)   I, Dr. Holwell, understand and agree that if I am of the view that
                        any of the Assessor(s)'s recommendations are unreasonable, I will
                        have thirty (30) days following my receipt of the recommendations
                        within which to provide the College with my submissions in this
                        regard.  I further understand and agree that thereafter, the ICR
                        Committee will consider my submissions and make a determination
                        regarding whether or not the recommendations, or any of them, are
                        reasonable and if so, whether they, or any of them, constitute
                        limitations or restrictions on my practice, and that decision will
                        be provided to me.
                  
                  (e)   I, Dr. Holwell, undertake that, following the decision referenced
                        in section (10)(d) above, I will abide by those recommendations of
                        the Assessor(s) that the ICR Committee has determined are
                        reasonable. 
                  
                  (f)   I, Dr. Holwell, hereby consent to any of the following being
                        included on the public register as terms, conditions or limitations
                        on my certificate of registration, for the purposes of section 23
                        of the Code: 
                  
                        (i)   any recommendations of the Assessor(s) which are terms,
                              conditions or limitations on my practice;  
                  
                        (ii)  any recommendations of the Assessor(s) which the ICR
                              Committee has identified in its decision referenced in
                              section (10)(d) as terms, conditions or limitations on my
                              practice.
                  
            (11)  Monitoring 

                  (a)   I, Dr. Holwell, undertake to inform the College of each and every
                        location that I practise or have privileges, including, but not
                        limited to, hospital(s), clinic(s) and office(s), in any
                        jurisdiction (collectively my "Practice Location(s)"), within
                        fifteen (15) days of executing this Undertaking.  Going forward, I
                        further undertake to inform the College of any and all new Practice
                        Locations within fifteen (15) days of commencing practice at that
                        location.
                  
                  (b)   I, Dr. Holwell, undertake and agree that I will submit to, and not
                        interfere with, unannounced inspections of my Practice Location(s)
                        and patient records by a College representative for the purposes of
                        monitoring my compliance with the provisions of this Undertaking.
                  
                  (c)   I, Dr. Holwell, give my irrevocable consent to the College to make
                        appropriate enquiries of the Ontario Health Insurance Plan
                        ("OHIP"), the Drug Program Services Branch, the Narcotics
                        Monitoring System ("NMS") implemented under the Narcotics Safety
                        and Awareness Act, 2010 and/or any person or institution who may
                        have relevant information, in order for the College to monitor my
                        compliance with the provisions of this Undertaking. 
                  
                  (d)   I, Dr. Holwell, acknowledge that I have executed the OHIP and NM
                        consent form(s), attached hereto as Appendix "D" and Appendix "E",
                        respectively. 
                  
            (12)  I, Dr. Holwell, undertake to comply with this Undertaking and acknowledge
                  that a breach by me of any provision of this Undertaking may constitute
                  an act of professional misconduct and/or incompetence, and may result in
                  a referral of specified allegations to the Discipline Committee of the
                  College.

            C.    ACKNOWLEDGEMENT

            (13)  I, Dr. Holwell, acknowledge that all appendices attached to or referred
                  to in this Undertaking form part of this Undertaking.

            (14)  I, Dr. Holwell, acknowledge that I shall be solely responsible for
                  payment of all fees, costs, charges, expenses, etc. arising from the
                  implementation of any of the provisions of this Undertaking. 

            (15)  I, Dr. Holwell, acknowledge and confirm that I have read and understand
                  the provisions of this Undertaking and that I have obtained independent
                  legal counsel in reviewing and executing this Undertaking, or have waived
                  my right to do so.
            (16)  I, Dr. Holwell, acknowledge that this entire Undertaking constitutes
                  terms, conditions, and limitations on my certificate of registration for
                  the purposes of section 23 of the Code. I understand that this
                  Undertaking shall be information on the College's Register that is
                  available to the public during the time period that the Undertaking
                  remains in effect.

            (17)  I, Dr. Holwell, acknowledge that the following summary will appear on the
                  College's Register that is available to the public during the time period
                  that this Undertaking remains in effect:

                  Dr. Holwell was the subject of a College investigation into whether he
                  failed to maintain the standard of practice of the profession.   As a
                  result of the investigation:
                  
                        *     Dr. Holwell will practise under the guidance of a Clinical
                              Supervisor acceptable to the College for at least 13 months.
                        *      Dr.  Holwell will maintain a Narcotics Log  
                        *      Dr. Holwell will engage in professional education in medical
                              record keeping.
                        *      Dr. Holwell's practice will be reassessed by an assessor
                              selected by the College within 6 months of the end of the
                              period of Clinical Supervision.
                  
            D.    CONSENT

            (18)  I, Dr. Holwell, give my irrevocable consent to the College to provide the
                  following information to any person who requires this information for the
                  purposes of facilitating my completion of the professional education set
                  out in section (9) above and to all Clinical Supervisors, and/or
                  Assessors:

                  (a)   any information the College has that led to the circumstances of my
                        entering into this Undertaking;
                  
                  (b)   any information arising from any investigation into, or assessment
                        of, my practice; and 
                  
                  (c)   any information arising from the monitoring of my compliance with
                        this Undertaking.
                  
            (19)  I, Dr. Holwell, give my irrevocable consent to the College to provide
                  this Undertaking to any Chief(s) of Staff, or a colleague with similar
                  responsibilities approved by the College, at any Practice Location
                  ("Chief(s) of Staff"), and to provide said Chief(s) of Staff with any
                  information the College has that led to the circumstances of my entering
                  into this Undertaking and/or any information arising from the monitoring
                  of my compliance with this Undertaking.

            (20)  I, Dr. Holwell, give my irrevocable consent to any person who facilitates
                  my completion of the professional education set out in section (9) above,
                  and to all Clinical Supervisors, Chiefs of Staff and Assessors, to
                  disclose to the College, and to one another, any information:

                  (a)   relevant to this Undertaking;
                  
                  (b)   relevant to the provisions of the Clinical Supervisor's undertaking
                        set out at Appendix "B";
                  
                  (c)   relevant to the Reassessment;
                  
                  (d)   relevant for the purposes of monitoring my compliance with this
                        Undertaking; and/or  
                  
                  (e)   which comes to his or her attention in the course of providing the
                        professional education set out in section (9) above and which he or
                        she reasonably believes indicates a potential risk of harm to my
                        patients.

Concerns

Source: Member
Active Date: June 21, 2016
Expiry Date:
Summary:
Summary of the Undertaking given by Dr. Holwell to the College of Physicians and Surgeons of Ontario effective June 21, 2016:

Dr. Holwell was the subject of a College investigation into whether he failed to maintain the standard of practice of the profession. As a result of the investigation:
- Dr. Holwell will practise under the guidance of a Clinical Supervisor acceptable to the College for at least 13 months.
- Dr. Holwell will maintain a Narcotics Log
- Dr. Holwell will engage in professional education in medical record keeping.
- Dr. Holwell's practice will be reassessed by an assessor selected by the College within 6 months of the end of the period of Clinical Supervision.