Discipline Case Summary

The following is a summary of a matter placed before a three-member panel of the Discipline Committee of the College of Physiotherapists of Ontario on December 22, 1999 by way of an application for adjournment.

Allegations

1. Richard Holzschuh Sator ("Mr. Holzschuh") practised as a physiotherapist in a clinic he owned in Kingston, ON.
2. Mr. Holzschuh was aware, from prior contact with the College, of the need to maintain clear boundaries with patients so that they do not misperceive the nature and purpose of his touching of the breast or pelvic areas, especially with respect to female patients.
3. From 1995 to 1999, Mr. Holzschuh habitually failed to maintain proper professional boundaries which resulted in unprofessional conduct including sexual abuse of five female patients.
4. Particulars of the boundary crossing include the following:
   • Placing his erect genitals or genital area against the genitals or genital area of the patient through clothing and engaging in a rocking motion
   • Bringing his face close to the face of the patient while doing the above and in at least one case, kissing or nuzzling the patient's neck area
   • Exposing and directly touching the breasts or breast area of the patient
   • (Note: The above conduct was sexual in nature)
   • Performing procedures through the rectum and vagina of the patient without having the authority to perform these controlled acts
   • Making comments of a sexual nature to the patient
   • Engaging in this conduct without adequate clinical indications or informed consent
5. The conduct alleged above constitutes sexual abuse, failing to maintain the standards, procedure without consent, disclosing confidential patient information, verbal or physical abuse, act inconsistent with the legislation and unprofessional conduct. The conduct also demonstrates that Mr. Holzschuh is incompetent as defined in the Regulated Health Professions Code.

On December 9, 1999, the Executive Committee of the College made an interim order suspending Mr. Holzschuh's certificate of registration pending the outcome of the discipline hearing.

Acknowledgement and Undertaking

On December 22, 1999, Mr. Holzschuh entered into an Acknowledgement and Undertaking with the College, which included the terms set out below:

I, Richard Holzschuh Sator, acknowledge and undertake as follows:

1. I acknowledge that the College has obtained substantial evidence in support of the allegations against me and that I have provided some explanations in response to that evidence. I agree that it would be in everyone's interest not to have a contested hearing.
2. I hereby voluntarily resign my membership in and certificate of registration with the College effective December 17, 1999.
3. I undertake never to apply for membership, registration, licensure or similar status with the College or any other body as a physiotherapist.
4. I understand that the College will seek to indefinitely adjourn the discipline hearing and will only seek to bring it back on if I breach this Acknowledgement and Undertaking, and I consent to this indefinite adjournment.
5. I acknowledge that the public portion of the College register will contain reference to my resignation, my undertaking not to reapply and the adjournment of the discipline hearing involving the allegations against me.
6. I acknowledge that the College shall publish in its newsletter information about this case along with my name.
7. I acknowledge that this resolution includes funding for therapy or counselling for the five former patients of mine. I undertake and agree to reimburse the College for any funding provided to my former patients to a maximum of $20,000.

The panel granted the request for the indefinite adjournment under the terms and conditions as agreed. The panel found that the paramount consideration of public safety was maintained and that appropriate publicity had been provided for. The panel noted that the Acknowledgement and Undertaking provides a resolution that goes further than the powers of the panel. The agreement removes Mr. Holzschuh from the profession permanently, providing the best possible protection of the public. If the terms and conditions are breached, the hearing may be reconvened and would proceed in the normal course.