Ms Jana Zamecnikova

Profession: Occupational therapist

Registration Number: OT38377

Interim Order: Imposed on 17 Oct 2019

Hearing Type: Final Hearing

Date and Time of hearing: 10:00 14/10/2019 End: 17:00 17/10/2019

Location: Health and Care Professions Tribunal Service, 405 Kennington Road,

Panel: Health Committee
Outcome: Conditions of Practice

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Allegation

By reason of your physical and/or mental health, your fitness to practise as an Occupational Therapist is impaired.

Finding

Preliminary Matters
Application to hear part of the hearing in private
1. The Panel heard that matters relating to the Registrant’s health and other matters relating to her private life will be referred to throughout the course of the hearing. Ms Sharpe submitted that it was therefore appropriate that the entirety of the hearing be held in private. The Registrant supported the application.

2. The Panel accepted the Legal Assessor’s advice and it noted Rule 10(1)(a) of the Health and Care Professions Council (Health Committee) Procedure Rules 2003 (“the Rules”) whereby matters pertaining to the private life of the Registrant, the complainant, any person giving evidence or of any Patient or Client should be heard in private. The Panel therefore agreed that, given the nature of the hearing, relating as it did to the Registrant’s health and other private matters, it should be heard in private in its entirety.

3. As such, this is the redacted version of the decision.

Application to amend the Allegation
4. At the outset of the hearing Ms Sharpe, on behalf of the HCPC made an application to amend the Allegation. The Registrant had been put on notice of the proposed amendments in a letter dated 8 August 2019. She submitted that the proposed amendments did not change the substance of the allegation the Registrant faced, but merely ensured that the Allegation better reflected the evidence available.

5. The Registrant raised no objection to the particulars being amended.

6. The Panel accepted the advice of the Legal Assessor and carefully considered the HCPC application to amend the particulars. The Panel concluded, after reviewing each of the proposed amendments, that it would agree to the particulars being amended for the following reasons:

i. the Registrant had been provided with significant notice of the HCPC’s intention to amend the Allegation, having been put on notice in August 2019, some two months before the commencement of the substantive hearing;

ii. the Registrant did not object to the proposed amendments and;

iii. the proposed amendments did not materially affect the nature, scope or seriousness of the Allegation but merely sought to more accurately identify the health conditions in question.

7. In all the circumstances, there was no likelihood of injustice to the Registrant. The Panel therefore agreed to the proposed amendments.

Application to hear evidence by telephone
8. Due to the delayed start to the hearing, Ms Sharpe made an application for the evidence of Dr TG, a Consultant Psychiatrist, to be given by telephone. She submitted that this was necessary because on the first effective day of the hearing, which was the only day when he would be available, his other commitments prevented him attending the hearing in person, but he would be available to give evidence by phone. Doing so, she submitted, would not cause any unfairness and was a pragmatic step to take.
 
9. The Registrant did not object to the application.

10. Having heard and accepted the advice of the Legal Assessor, which is a matter of record, the Panel was satisfied that there was no unfairness or injustice in granting the application.

11. The application was therefore granted.

 

Order

That the Registrar is directed to annotate the Register to show that, for a period of 18 months from the date that this order comes into effect (“the Operative Date”), you, Ms Jana Zamecnikova, must comply with the following conditions of practice:

1. You must promptly inform the HCPC if you cease to be employed by your current employer or take up any other or further employment.

2. You must promptly inform the HCPC of any disciplinary proceedings taken against you by your employer.

3. You must inform the following parties that your registration is subject to these conditions:
A. any organisation or person employing or contracting with you to undertake professional work;
B. any agency you are registered with or apply to be registered with (at the time of application); and
C. any prospective employer (at the time of your application).

4. You must make arrangements for the testing [redacted for the public decision]. You must provide to the HCPC details of the testing arrangements and forward copies of the test results to the HCPC within 14 days of them being received by you.

 

Notes

Interim Order


1. Ms Sharpe applied for an Interim Conditions of Practice Order for a period of 18 months to cover the appeal period in light of the Panel’s findings on the grounds that it was necessary for the protection of the public, was otherwise in the public interest and was in the Registrant’s own interests.

2. The Registrant did not object to the making of an interim order. 

3. The Panel was mindful that when a substantive sanction is imposed, a Registrant’s entitlement to practise is unrestricted whilst their appeal rights against the substantive sanction remain outstanding. The Panel concluded that in view of its determination that a substantive Conditions of Practice Order should be imposed, it would not be appropriate for the Registrant to return to unrestricted practice.

4. The Panel therefore decided to impose an interim order, it being necessary to protect members of the public, and was otherwise in the public interest.

5. It first considered whether to impose an Interim Conditions of Practice Order and concluded that this would be an appropriate level of protection in light of its earlier determination that imposing conditions of practice was a suitable substantive sanction to impose. It concluded that in light of those findings, it would be wholly incompatible with the Panel’s findings and its decision as to sanction not to impose an Interim Conditions of Practice Order. It therefore imposes an Interim Conditions of Practice Order on the same terms as the substantive Conditions of Practice Order.

6. The Panel concluded that the appropriate length of the Interim Conditions of Practice Order should be 18 months, as the interim order would continue to be required pending the resolution of an appeal in the event that the Registrant submits a Notice of Appeal within the 28-day period. This Interim Conditions of Practice Order will expire if no appeal is made against the Panel’s decision when the appeal period of 28 days has expired.

 

 

 

 

Hearing History

History of Hearings for Ms Jana Zamecnikova

Date Panel Hearing type Outcomes / Status
14/10/2019 Health Committee Final Hearing Conditions of Practice