Discipline Decisions (Fall 2019)

• Operated a pharmacy without accreditation from at least May 12, 2017 to May 29, 2017, including compounding and dispensing medications, contrary to sections 139 and 147 of the Drug and Pharmacies Regulation Act;
• Dispensed medications using labels for Cornerstone Pharmacy or with no indication of the originating pharmacy after May 12, 2017, including those for certain identified medications;
• While acting as Designated Manager of Grimsby Pharmacy, failed to create and keep required records in relation to purchasing ketamine for Grimsby Pharmacy on or around May 24, 2017, contrary to section 30 of the Narcotic Control Regulations made under the Controlled Drugs and Substances Act; and
• Failed to submit to the registrar within 30 days of closing Cornerstone Pharmacy a Pharmacy Closing Statement setting out the information required in by-law 12.4.1 of By-Law 4 of the Ontario College of Pharmacists, contrary to section 141 of the Drug and Pharmacies Regulation Act.

In particular, the Panel found that she:

• Failed to maintain a standard of practice of the profession;
• Contravened the Drug and Pharmacies Regulation Act, or the regulations under that Act;
• Falsified a record relating to her practice or a person’s health record;
• Signed or issued, in her professional capacity, a document that she knew or ought to have known contained a false or misleading statement;
• Contravened a federal, provincial or territorial law or municipal by-law,

I. with respect to the distribution, purchase, sale, or dispensing or prescribing of any drug or product, the administering of any substance, or the piercing of the dermis,

II. whose purpose is to protect or promote public health, or

III. that is otherwise relevant to the her suitability to practise; and

• Engaged in conduct or performed acts that, having regard to all the circumstances, would reasonably be regarded by members of the profession as unprofessional.

The Panel imposed an Order, as follows:

1. A reprimand;

2. That the Registrar be directed to impose a condition on the Member’s certificate of registration that she successfully complete, within 12 months of the date of the order, a course with Gail E. Siskind Consulting Services, or another professional ethics consultant chosen by the College, to be designed by the consultant, with the purpose of addressing the professional misconduct issues raised in this case. The following terms shall apply to the course:

a) The number of sessions shall be at the discretion of the consultant;

b) The manner of attendance at the session(s) (e.g. in person, via Skype, etc.) is a matter to be discussed in advance between the Member and the consultant, but shall ultimately be at the discretion of the consultant;

c) The Member shall be responsible for the cost of the course;

d) Successful completion of the course will include completion of an essay, which shall be at least 1000 words in length, acceptable to the Registrar, addressing the objectives of professional regulation and the importance of the public interest when meeting professional obligations; and

e) The Member shall be responsible for the cost of review of the essay by the consultant, to assist the Registrar to determine whether the essay is acceptable, up to a maximum of $500;

3. That the Registrar suspend the Member’s Certificate of Registration for a period of two months, with one month of the suspension to be remitted on condition that the Member complete the remedial training as specified in paragraph 2, above. The suspension shall commence on August 27, 2019, and shall continue until September 26, 2019, inclusive. If the remitted portion of the suspension is required to be served by the Member because she fails to complete the remedial requirement specified in paragraph 2, above, that portion of the suspension shall commence on August 8, 2020, and shall continue until September 7, 2020, inclusive. If the time for completing the remedial steps in paragraph 2, above, is extended by the Registrar, the date on which the remitted portion of the suspension shall commence, if required, shall be adjusted accordingly; and

4. The Member shall pay costs to the College in the amount of $5,000.

In its reprimand, the Panel noted that they were disappointed by the events that brought the Member before them. Integrity and trust are paramount to the profession in providing care to the public.

The result of her professional misconduct is that she has eroded the public trust in the profession and cast a shadow over her own integrity. The Panel indicated its hope that this hearing has given her the opportunity to pause for reflection, and that the remedial components will allow her to improve her practice to the professional standards expected of a pharmacist in Ontario.

The Member’s actions demonstrated poor judgment and a disregard for the regulatory framework in Ontario. She may have exposed patients to unnecessary risks by engaging in the practice of the profession outside an accredited pharmacy.

Moving forward, the Panel expressed that they trust that she will use this opportunity to remediate and that she will not be present again before a Panel of the Discipline Committee.

• Misappropriated from the Pharmacy certain identified narcotics that had not been prescribed for her, in or about August to September, 2016;
• Did not properly document delivery of certain identified narcotics and failed to enter the narcotics into the Pharmacy’s count, in or about August to September, 2016.

In particular, the Panel found that she

• Failed to maintain a standard of practice of the profession;
• Dispensed or sold drugs for an improper purpose;
• Failed to keep records as required;
• Contravened the Pharmacy Act, 1991, the Drug and Pharmacies Regulation Act, the Regulated Health Professions Act, 1991, or the regulations under those Acts, and in particular, section 155 of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c. H.4, as amended;
• Contravened a federal or provincial law or municipal by-law with respect to the distribution, sale, or dispensing of any drug or mixture of drugs, and in particular, section 4 of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, as amended; and/or section 31 of the Narcotic Control Regulations, C.R.C., c.1041, as amended;
• Engaged in conduct or performed an act relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable, and unprofessional.

The Panel imposed an Order, as follows:

1. A reprimand

2. Directing the Registrar to impose specified terms, conditions or limitations on the Member’s Certificate of Registration, and in particular:

a. that the Member complete successfully with an unconditional pass, at her own expense, and within twelve (12) months of the date on which she obtains and active certificate of registration, the ProBE Program on Professional / Problem Based Ethics offered by the Centre for Personal Education for Physicians;

b. for a period of 3 years from the date on which she obtains an active certificate of registration, the Member shall not be involved in the ordering or dispensing (i.e. filling, check or providing to patients) any narcotic or controlled substance, unless such activity is directly supervised by a pharmacist or pharmacy technician approved by the College;

c. for a period of 3 years from the date on which she obtains an active certificate of registration, the Member shall provide any pharmacy employer with a copy of

i. the Agreed Statement of Facts and this Joint Submissions on Order, or

ii. the Discipline Committee Panel’s decision in this matter and its Order, when available;

d. for a period of 3 years from the date on which she obtains an active certificate of registration, the Member shall only work for an employer who confirms to the College in writing that:

i. That the Member shall not be involved in the ordering or dispensing (i.e. filling, checking or providing to patients) any narcotic or controlled substance, unless such activity is directly supervised by a pharmacist or pharmacy technician approved by the College, as described in paragraph 2(b), above; and

ii. That the employer has been provided with a copy of the documents described in paragraph 2(c), above; and

e. The Member shall not apply to the College to obtain an active certificate of registration without first providing a copy of an independent medical examination, completed within 3 months of the date of her application, which indicates to the satisfaction of the Registrar that she is capable of engaging in the practice of a pharmacy technician, with or without conditions, other than those set out above.

3. That the Registrar suspend the Member’s Certificate of Registration for a period of ten (10) months, with one (1) month of the suspension to be remitted on condition that the Member completes the remedial training as specified in paragraph 2(a), above. The suspension shall commence on the date on which the Member obtains an active certificate of registration, and shall continue for nine (9) months, without interruption. If the remitted portion of the suspension is required to be served by the Member because she fails to complete the remedial requirement specified in paragraph 2(a), that portion of the suspension shall commence on the date that is twelve (12) months from the date that the Member obtains an active certificate of registration, and shall continue for one (1) month, inclusive. If the time for completing the remedial steps in paragraph 2(a), above, is extended by the Registrar, the date on which the remitted portion of the suspension shall commence, if required, shall be adjusted accordingly.

In its reprimand, the Panel noted that integrity, trust and professional conduct are at the core of the practice of Pharmacy and the delivery of care to the public.

The Panel observed that Pharmacists and Pharmacy Technicians bear the responsibility to ensure that they maintain the trust of the members and the public they serve. The practice of pharmacy is a privilege that carries with it significant obligations to the public, the profession and to oneself.

The panel expressed its expectation that the Member take the results of the discipline hearing as an opportunity to reflect on her conduct, learn from her mistakes, and to ensure that this type of behavior not to be repeated in her future practice.

• Failed to include the date on which the prescription was dispensed on the container in which the drug was dispensed with respect to certain identified prescriptions;
• Failed to include the complete name including the formulation of the drug being dispensed on the container in which the drug was dispensed with respect to certain identified prescriptions;
• Maintained an incorrect record in the Pharmacy’s records of the name of the drug dispensed with respect to certain identified prescriptions;
• Failed to include a suitable description of the colour, shape and size of the product being dispensed in a compliance aid with respect to certain identified prescriptions;
• Billed for the weekly dispensing of medication in compliance aids to patients when he in fact dispensed in longer intervals to those patients, and thereby maintaining inaccurate records of the dates on which drugs and/or products were dispensed, with respect to certain identified patients;
• Billed for MedsCheck medication review services without having completed the services and/or without having adequately completed the required documentation and/or without having completed the necessary steps all required by the MedsCheck program and/or pharmacy regulations, with respect to certain identified MedsCheck claims;
• Failed to take appropriate steps to correct deficiencies in his dispensing of compliance aids after having been cautioned by the Inquiries, Complaints and Reports Committee of the Ontario College of Pharmacists on May 9, 2016 with respect to those deficiencies.

In particular, the Panel found that he

• Failed to maintain a standard of practice of the profession;
• Failed to keep records as required respecting his patients or practice;
• Submitted an account or charge for services or products that he knew or ought to have known was false or misleading;
• Contravened the Pharmacy Act, the Drug and Pharmacies Regulation Act, the Regulated Health Professions Act, 1991, the Narcotics Safety and Awareness Act, 2010, the Drug Interchangeability and Dispensing Fee Act or the Ontario Drug Benefit Act or the regulations under those Acts:
  • s. 156(3)(f) of the Drug and Pharmacies Regulation Act, RSO 1990, c. H.4;
  • s. 156(3)(c) of the Drug and Pharmacies Regulation Act, RSO 1990, c. H.4;
• Engaged in conduct or performed an act relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members as unprofessional.

The Panel imposed an Order, as follows:

1. A reprimand;

2. That the Registrar is directed to impose specified terms, conditions or limitations on the Member’s Certificate of Registration, and in particular:

a. that the Member shall complete successfully, within twelve (12) months from the date this Order becomes final, a mentorship with a mentor approved by the College, regarding the issues raised by the facts and findings of professional misconduct in this case, including billing, record keeping, preparation of blister packs and the duty to create written policies and procedures and ensure that they are adhered to within a pharmacy; and the following terms shall apply to the mentorship:

i. the Member shall retain, at his own expense, a practice mentor acceptable to the College within three (3) months of the date of this Order. The Member is entitled to provide to the College up to two (2) names of proposed practice mentors within three (3) weeks of this Order. The College will review the Member’s suggested mentors within three (3) weeks of receiving their names and may either accept them or reject each of them, though approval will not be unreasonably withheld and the College will give good faith consideration to the Member’s proposed mentors. If the Member’s two (2) proposed mentors are rejected, the Member shall be entitled to provide the College up to two (2) additional names of proposed practice mentors within two (2) weeks of the College communicating its rejection to the Member, to be reviewed and considered by the College on the same terms as the first two (2) names. In the event that none of the Member’s proposed mentors are acceptable to the College, the College will appoint a mentor.

ii. the Member shall meet at least three (3) times with the practice mentor, and more times if the mentor determines that further meetings are necessary, at a place to be determined by the practice mentor, for the purpose of reviewing the Member’s practice with respect to billing, record keeping, preparation of blister packs and the duty to create written policies and procedures and ensure that they are adhered to within a pharmacy, and any other issues raised by the facts and findings of professional misconduct in this case, and identifying areas in the Member’s practice with respect to these issues that require remediation. These meetings shall take place from time to time, at the discretion of the practice mentor, for a period of up to twelve (12) months from the date of this Order, or until such time as the mentor confirms that such meetings are no longer necessary;

iii. the Member shall provide the practice mentor with the following documents related to this proceeding:

1. the Notice of Hearing;

2. the Agreed Statement of Facts;

3. the Joint Submission on Order; and/or

4. the Panel’s Decision and Reasons, if and when available.

iv. the Member shall develop with the practice mentor a learning plan to address the areas of the Member’s practice requiring remediation;

v. the Member shall demonstrate to the practice mentor, in a manner directed by and acceptable to the practice mentor, that the Member has achieved success in meeting the goals established in the learning plan;

vi.. the Member shall ensure that the practice mentor reports the results of the mentorship program in writing to the College, after its completion, which report shall be delivered no later than thirteen (13) months from the date of this Order;

b. that the Member shall complete successfully, at his own expense and within thirteen (13) months from the date this Order becomes final the following course from the Institute for Safe Medication Practices Canada: Medication Safety Considerations for Compliance Packaging;

c. that the Member shall be prohibited from acting as a Designated Manager in any pharmacy until such time as he has successfully completed the requirements of the terms, conditions and limitations set out above in paragraphs 2(a) and 2(b);

d. that in the event the Member acts as a Designated Manager in any pharmacy thereafter, he shall, within eighteen (18) months of the date of his beginning to act as a Designated Manager, complete successfully at his own expense, the following course from the Institute of Safe Medication Practices Canada: Medication System Safety Review for a Community Pharmacist On-Site Assessment;

3. That the Registrar suspend the Member’s Certificate of Registration for a period of four (4) months, with one (1) month of the suspension to be remitted on condition that the Member complete the remedial training as specified in subparagraphs 2(a) and (b). The suspension shall commence on September 6, 2019, and shall continue until December 5, 2019, inclusive. If the remitted portion of the suspension is required to be served by the Member because he fails to complete the remedial requirement specified in subparagraphs 2(a) and/or (b), that portion of the suspension shall commence on October 7, 2020, and shall continue until November 6, 2020, inclusive. If the time for completing the remedial steps in subparagraph 2(a) and/or (b) above is extended by the Registrar, the date on which the remitted portion of the suspension shall commence, if required, shall be adjusted accordingly.

4. Costs to the College in the amount of $7,500.00.

In its reprimand, the Panel noted that pharmacy is a self-regulated profession, in which pharmacists bear the responsibility to ensure that the trust of the profession and the public is maintained. The practice of pharmacy is a privilege that carries significant obligations to the public, the profession, and to oneself.

The Panel expressed its concern regarding the number of times the Member’s practice has come to the attention of the College. The Panel noted that he failed in his responsibilities as a pharmacist and Designated Manager, and failed to have proper policies and procedures in place with regard to compliance packaging, medication reviews, and documentation practices. His failures put the public at grave risk.

The Panel expressed its hope that this disciplinary process will cause the Member to reflect on his practice and will motivate him to make positive changes, and it expectation that he will not appear again before a panel of the Discipline Committee.

• Was found guilty, on or about March 21, 2018, of criminal mischief over $5,000, which is an offence contrary to section 430(3) of the Criminal Code of Canada;
• Engaged in mischief, on or about November 30, 2015, by damaging and vandalizing property, including electrical wiring, plumbing and household property, the value of which exceeded $5,000.

In particular, the Panel found that he

• Was found guilty of an offence that is relevant to his suitability to practice;
• Engaged in conduct or performed an act relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members of the profession as disgraceful, dishonourable and unprofessional.

The Panel imposed an Order, as follows:

1. A reprimand.

2. That the Registrar is directed to impose specified terms, conditions or limitations on the Member’s Certificate of Registration, and in particular:

a. that the Member successfully complete, at his own expense, within 12 months of this Order, the ProBE course on Professional, Problem-Based Ethics; and

b. that the Member shall continue to obtain treatment and monitoring from Dr. [Name], or a successor psychiatrist approved by the College, relating to his mental health disorder, attending at the psychiatrist’s office at such frequency as the psychiatrist considers necessary but not less than once every three months when the Member is engaged in pharmacy. The Member shall continue to obtain treatment and monitoring from the psychiatrist until such time as the psychiatrist provides a written opinion to the College that it is his opinion that treatment and monitoring by him is no longer required, and the basis for that opinion.

3. That the Registrar suspend the Member’s Certificate of Registration for a period of one month, with the one month of the suspension to be remitted on condition that the Member completes the remedial training as specified in paragraph 2(a) above. If the remitted suspension is required to be served by the Member because he fails to complete the remedial requirement specified in paragraph 2(a), the remitted suspension shall commence a date that is twelve (12) months from the date this Order becomes final and shall continue for one (1) month uninterrupted. If the time for completing the remedial step in paragraph 2(a) above is extended by the Registrar, the date on which the remitted suspension commences, if required, shall be adjusted accordingly.

4. Costs to the College in the amount of $7,500.00

In its reprimand, the Panel noted that the Member is part of the honourable profession of Pharmacy. Integrity, trust, and professional conduct are at the core of the practice of Pharmacy and the delivery of care to the public.

The Panel observed that even though the conduct in question is not directly related to the Member’s work as a pharmacist, it does reflect badly on him as a pharmacist, and the profession as a whole. The Panel pointed out that the Member failed to maintain the responsibilities and obligations expected of him as a member of this profession.

The Panel explained that all health care professionals are expected to conduct themselves in a manner that maintains public confidence. The Panel expressed its expectation that the Member will not appear again before a panel of the Discipline Committee of the Ontario College of Pharmacists.

• He failed to report to the College in a timely manner that on or about February 25, 2016 he was charged with counselling an indictable offence which was not committed, contrary to section 464(a) of the Criminal Code, and conspiracy to commit murder, contrary to section 465(1)(a) of the Criminal Code;
• On or about March 9, 2017, in written and/or electronic material he submitted to the College during the renewal of his certificate of registration he indicated that he was not the subject of a criminal proceedings, at a time he was charged with offences under the Criminal Code;
• He was found guilty of counselling an indictable offence which was not committed, contrary to section 464(a) of the Criminal Code.

In particular the Panel found that he:

• Breached a term, condition or limitation imposed on his certificate of registration, as set out in section 5 paragraph 1(ii) of Ontario Regulations 202/94;
• Signed or issued, in his professional capacity, a document he knew contained a false or misleading statement;
• Was found guilty of an offence that is relevant to his suitability to practice;
• Engaged in conduct or performed an act relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members of the profession as disgraceful, dishonourable and unprofessional.

The Panel imposed an Order, as follows:

1. A reprimand;
2. That the Registrar be directed to revoke Mr. Shier’s certificate of registration; and
3. Costs to the College in the amount of $1,500.00.

In its reprimand, the Panel noted that Mr. Shier’s behaviour was shameful and inexcusable, and that the seriousness of his conduct is without a doubt egregious.

The Panel indicated that Mr. Shier has brought discredit to the profession of pharmacy and that he does not deserve to remain a member of the profession. While the Panel acknowledged his expression of remorse and full cooperation with the College, it was of the view that his conduct required the most serious of penalties.

• Between April 23, 2015 and April 25, 2015, he harassed [Name], an employee of the Pharmacy, who was also a patient for at least a portion of this time

In particular, the Panel found that he

• Failed to maintain the standards of the profession
• Engaged in conduct relevant to the practice of pharmacy that, having regard to all of the circumstances, would reasonably be regarded by members of the profession as dishonourable and unprofessional

Following the decision dated August 28, 2018, and after further submissions heard on March 8, 2019, the Panel issued an Order on June 4, 2019, as follows:

1. A reprimand

2. That the Registrar be directed to impose the following terms, conditions and limitation on the Member’s Certificate of Registration:

a. that the Member successfully complete, within twelve (12) months of the date that this Order becomes final, a course with Gail E. Siskind Consulting Services, or another professional ethics consultant acceptable to the College, to be designed by the consultant, with the purpose of addressing the professional misconduct issues raised in this case; the following terms shall apply to the course:

i. the number of sessions shall be at the discretion of the consultant;

ii. the manner of attendance at the session(s) (e.g. in person, via Skype, etc.) is a matter to be discussed in advance between the Member and the consultant, but shall ultimately be at the discretion of the consultant;

iii. Successful completion of the course will include completion of an essay, acceptable to the Registrar, addressing the objectives of professional regulation and the importance to the public interest of maintaining professional conduct towards colleagues;

iv. The essay shall be at least 1000 words in length. The Member shall be responsible for the cost of review by the consultant to assist the Registrar to determine whether the essay is acceptable, up to a maximum of $500;

v. the Member shall be responsible for the cost of the course;

vi. the Member will request a report from the consultant confirming that the Member has completed the course to the satisfaction of the consultant, and the Member will provide a copy of the report to the College within twelve (12) months of the date that this Order becomes final;

b. The Member is required to comply with the following treatment plan for twelve (12) months from the date that this Order becomes final:

i. remain under the care of physician Dr. [A] (or her designate approved in writing by the College);

ii. attend for a follow-up visit with Dr. [A] or her designate at least once every six months or more frequently if so directed by Dr. [A] or her designate;

iii. comply with all treatment recommendations of Dr. [A] or her designate;

c. The Member is to provide a written authorization and direction to Dr. [A] or her designate to:

i. immediately advise the College if the member is not compliant with any portion of his treatment program;

ii. provide a written report to the College 12 months after this order becomes final, reporting on the Member’s mental health and compliance with his treatment program;

iii. The Member is to provide written authorizations to the College and Dr. [A] or her designate that authorize Dr. [A] or her designate to speak with the College about all aspects of the Member’s health and treatment program;

d. for a period of twelve 12 months commencing on the date that this Order becomes final:

i. the Member shall notify the College in writing of any employment in a pharmacy, which notification shall include the name and address of the employer and the date on which he began or is to begin employment, within seven (7) days of commencing such employment;

ii. he shall only work for an employer in a pharmacy who provides confirmation in writing from the Designated Manager of the pharmacy to the College, within seven (7) days of him commencing employment at the pharmacy, that the Designated Manager received and reviewed a copy of the panel’s decision and reasons dated August 28, 2018, as well as this Order or the panel’s decision and reasons with respect to Order (when available) before he commenced employment;

iii. the terms in clauses d(i). and (ii) shall apply even if the Member’s employment in the pharmacy is as a relief pharmacist;

3. Directing the Registrar to suspend the Member’s Certificate of Registration for a period of 3 months, 1 month of which shall be remitted upon the Member successfully completing the remedial training as specified in subparagraph 3 above. The suspension shall commence on the date that this Order becomes final and shall run for two (2) months without interruption. If the remitted portion of the suspension is required to be served by the Member because he fails to complete the remedial training specified in subparagraph 3 above, the remainder of the suspension shall commence on the date that is twelve (12) months from the date that this Order becomes final, and shall run for one (1) month without interruption. If the time for completing the remedial steps in subparagraph 3, above, is extended by the Registrar, the date on which the remitted portion of the suspension shall commence, if required, shall be adjusted accordingly.

Costs to the College in the amount of $3,000.00.

The reprimand in this matter remains outstanding.

• On one or more occasions, he offered a gift card to a potential patient, via telephone, in an attempt to have them transfer a prescription (or prescriptions) to Canadian Pharmacy Guelph (or caused, permitted, or gave consent for another individual to do the same)
• He offered a reduction in dispensing fee to a potential patient, in person, in an attempt to have them fill a prescription (or prescriptions) at Canadian Pharmacy Guelph (or caused, permitted, or gave consent for another individual to do the same)
• On one or more occasions, he told a potential patient that they would be offered a gift card if they transferred a prescription (or prescriptions) to Canadian Pharmacy Guelph (or caused, permitted, or gave consent for another individual to do the same)
• He told a potential patient that they would be given free items for transferring a prescription (or prescriptions) to Canadian Pharmacy Guelph (or caused, permitted, or gave consent for another individual to do the same)
• He attempted to transfer patient prescriptions to Canadian Pharmacy Guelph without patient consent, or caused, permitted, or consented to such an attempt being made
• He appropriated and used confidential client information for an improper purpose, or caused, permitted, or consented to such appropriation and use
• He told a potential customer that they would be offered a discount if they transferred a prescription (or prescriptions) to Canadian Pharmacy Guelph (or caused, permitted, or gave consent for another individual to do the same)

In particular, the Panel found that he

• Failed to maintain a standard of the profession
• Contacted or communicated with, or caused or permitted someone to contact or communicate with potential patients, in person and/or by phone, in an attempt to solicit business
• Offered or distributed, directly or indirectly, a gift, rebate, bonus or other inducement with respect to a prescription or prescription services
• Engaged in conduct or performed an act relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members of the profession as unprofessional with respect to the following findings:
  • On one or more occasions, he offered a gift card to a potential patient, via telephone, in an attempt to have them transfer a prescription (or prescriptions) to Canadian Pharmacy Guelph (or caused, permitted, or gave consent for another individual to do the same)
  • He offered a reduction in dispensing fee to a potential patient, in person, in an attempt to have them fill a prescription (or prescriptions) at Canadian Pharmacy Guelph (or caused, permitted, or gave consent for another individual to do the same)
  • On one or more occasions, he told a potential patient that they would be offered a gift card if they transferred a prescription (or prescriptions) to Canadian Pharmacy Guelph (or caused, permitted, or gave consent for another individual to do the same)
  • He told a potential patient that they would be given free items for transferring a prescription (or prescriptions) to Canadian Pharmacy Guelph (or caused, permitted, or gave consent for another individual to do the same)
  • He attempted to transfer patient prescriptions to Canadian Pharmacy Guelph without patient consent, or caused, permitted, or consented to such an attempt being made
  • He told a potential customer that they would be offered a discount if they transferred a prescription (or prescriptions) to Canadian Pharmacy Guelph (or caused, permitted, or gave consent for another individual to do the same)
• Engaged in conduct or performed an act relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members of the profession as disgraceful, dishonourable and unprofessional with respect to the following finding:
  • He appropriated and used confidential client information for an improper purpose, or caused, permitted, or consented to such appropriation and use

Following a further day of hearing on June 6, 2018, the Panel imposed an Order, as follows:

1. A reprimand

2. That the Registrar is directed to impose specified terms, conditions or limitations on the Member’s Certificate of Registration, and in particular:

a. That for a period of two years beginning June 6, 2018 and ending June 5, 2020, the Member shall be prohibited from acting as a Designated Manager in any pharmacy;

b. That the Member shall complete successfully, at his own expense:

i. The ProBE Program on Professional/Problem Based Ethics for healthcare professionals, with an unconditional pass, within 12 months of June 6, 2018, and;

ii. A course with Gail E. Siskind Consulting Services, or another professional ethics consultant chosen by the College, to be designed by the consultant, for the purpose of addressing the professional and ethical obligations arising in the Member’s case, within 18 months of June 6, 2018; and the following terms shall apply to the course:

1. the number of sessions shall be at the discretion of the consultant, but shall be at least three meetings;

2. the manner of attendance at the session(s) (e.g. in person, via Skype, etc.) is a matter to be discussed in advance between the Member and the consultant, but shall ultimately be at the discretion of the consultant;

3. the Member shall provide to the consultant, in advance of the course, a copy of the Panel’s Reasons for Decision dated December 11, 2017;

4. the Member shall provide the consultant, in advance of the course, a copy of his evaluation from the ProBE course, and any essay he completed as part of that course, and shall discuss with the consultant issues arising from that course;

5. the Member will request a report from the consultant confirming that the Member has completed the course to the satisfaction of the consultant, and the Member will provide a copy of the report to the College within 18 months of June 6, 2018

3. That the Registrar suspend the Member’s Certificate of Registration for a period of ten months from the date of the Reprimand, with two months remitted on completion of the remedial training in paragraph 2(b)(i), above.^* If the remitted portion of the suspension is required to be served because the member fails to complete the remediation specified in paragraph 2(b)(i), then the remitted portion shall commence the day following the day on which 12 months have passed since the date of the Order.

4. Costs to the College in the amount of $25,000.00

Note: this Order came into effect on August 30, 2019, following the Member’s appeal to the Divisional Court.

In its reprimand, the Panel noted that the Member put his own personal needs ahead of the trust of the patient. The Panel pointed out that he abused the trust that all patients reasonably place in their pharmacy of choice and misused improperly obtained patient information, which shows moral failing on his part.

The Panel observed that the Member’s behavior caused harm to a vulnerable patient population as they were quite young, elderly, of compromised health, or otherwise at risk of being taken advantage of.

*Note: the Panel’s Order originally required that the Registrar suspend the Member’s Certificate of Registration for a period of twelve months, with two months to be remitted on completion of certain remediation. Following the Member’s appeal of the Panel’s Finding and Order, the Divisional Court adjusted the period of the suspension to be ten months with two months remitted on completion of certain remediation.

• That he submitted false claims to the Ontario Drug Benefit Program having an approximate value of more than $80,000 for various drugs and/or other products that were not actually dispensed to patients, in or about the period of June 1, 2011 to May 31, 2013; and/or
• That he created false records of dispensing and/or billing transactions in relation to the false claims submitted to the Ontario Drug Benefit program, in or about the period of June 1, 2011 to May 31, 2013.

In particular, the Panel found that he:

• Failed to maintain a standard of practice of the profession
• Falsified a record relating to his practice
• Signed or issued, in his professional capacity, a document that he knew contained a false or misleading statement
• Submitted an account or charge for services that he knew was false or misleading
• Contravened, while engaged in the practice of pharmacy, a federal or provincial law or municipal by-law with respect to the distribution, sale or dispensing of any drug or mixture of drugs, and in particular, the Ontario Drug Benefit Act, ss. 5, 6 and/or 15(1)
• Engaged in conduct or performed an act relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members of the profession as disgraceful, dishonourable and unprofessional

After further arguments with respect to the Order to be made which were heard on December 13, 2017, the Panel imposed an Order, as follows:

1. A reprimand on a date to be determined within 12 months of the date of this Order [December 13, 2017];

2. That the Registrar be directed to impose the following conditions on the Member’s certificate of registration:

a. that the Member shall successfully complete, with an unconditional pass, at his own expense and within twelve (12) months of the date of this Order [December 13, 2017], the ProBE Program on Professional/Problem Based Ethics for Healthcare Professionals and any related evaluations offered by the Centre for Personalized Education for Physicians;

i. the Registrar is empowered, in her discretion, to grant a request for an extension of time to complete the remedial steps set out in paragraph 2(a), if the Registrar is of the view that it would be in the interests of fairness to do so and that it would not be contrary to the College’s mandate to serve and protect the public interest

b. that the Member shall be prohibited, for a period of three (3) years from the date the Order is imposed [December 13, 2017], from acting as a Designated Manager in any pharmacy;

c. that the Member shall be prohibited, for a period of three (3) years from the date the Order is imposed [December 13, 2017], from receiving any remuneration for his work as a pharmacist, or related in any way to the operation of a pharmacy, other than remuneration based on hourly or weekly rates or salary and in particular, not on the basis of any incentive or bonus for prescription sales.

d. that the Member shall, for a period of three (3) years from the date the Order is imposed [December 13, 2017], ensure that his employer has confirmed in writing to the College that they have received and reviewed a copy of the Discipline Committee Panel’s decision in this matter and their Order, and confirming the nature of the Member’s remuneration.

3. Directing the Registrar to suspend the Member’s Certificate of Registration for a period of 11 months of which one (1) month shall be remitted upon the Member successfully completing the remedial training as specified in subparagraph 2(a) above. The suspension shall commence on December 14, 2017, and run until October 13, 2018, inclusive. If the remitted portion of the suspension is required to be served by the Member because he fails to complete the remedial training specified in subparagraph 2(a) above, the remainder of the suspension shall commence on December 14, 2018, and continue until January 13, 2018, inclusive, unless the time for completing the remedial steps in paragraph 2(a), above, is extended by the Registrar, in which case, the date the remitted portion of the suspension shall commence, if required, shall be adjusted accordingly.

4. Costs to the College in the amount of $10,000.00.

The Panel reserved its decision regarding two terms of the Order that were disputed by the parties.

In a decision dated August 10, 2018, the Panel imposed the following terms, conditions or limitations to paragraph 2 of its Order:

e. that the Member shall be prohibited, for a period of three (3) years from the date this term, condition or limitation is imposed [August 10, 2018], from having any proprietary interest in a pharmacy as sole proprietor or partner, or shareholder in a corporation that owns a pharmacy, or in any other capacity; and

f. that the Member shall be prohibited, for a period of three (3) years from the date this term, condition or limitation is imposed [August 10, 2018], from acting as a director of a corporation that owns a pharmacy.

Note: the three-year period reference above, as paragraphs 2(e) and 2(f), shall run from November 7, 2019, to November 6, 2022, inclusive, following the Member’s appeal to the Divisional Court.

In its reprimand, the Panel noted that the profession of pharmacy is one which considers the protection of the public to be paramount. As a pharmacist, the Member provides care to the public and that same public trusts that he will provide integrity in both his professional and business dealings. The Panel noted that pharmacists are held in high regard for their role in the provision of healthcare in Ontario and that the Member has seriously damaged this accolade.

The Panel expressed its extreme disappointment in the Member’s conduct and noted that it is appalled by the facts presented in this case. In particular, the Panel pointed out that the Member defrauded the people of Ontario, which has a negative impact on health care funding. His actions undermined the public’s confidence in the profession of pharmacy and endangered its trusted reputation. By altering the records of his patients, the Member has put patients’ health and right to privacy at risk. This demonstrates a flagrant disregard for public safety and his responsibilities as a health care professional.

The Panel expressed its expectation that the Member has learned from this experience and will not appear before a panel of the Discipline Committee of the Ontario College of Pharmacists again.