Discipline Decisions (January 2024)

• Between in or about [Date1] to in or about [Date 2], he failed to maintain the professional boundaries of the pharmacist-patient relationship when he developed and engaged in a non-professional, personal relationship with the patient, [Name 1];

• Between in or about [Date 3] and [Date 4], he engaged in inappropriate conduct in relation to [Name 2], a pharmacy assistant employed at the Pharmacy, consisting of inappropriate comments, physical contact, unwelcome advances, and/or harassment;
• Between in or about October and November 2021, he engaged in inappropriate conduct towards Pharmacy staff, consisting of intimidating and/or aggressive comments and/or behaviour related to their conversations with College investigators who were investigating his conduct;
• Between in or about October and November 2021, he instructed, consented to, or approved (expressly or impliedly) the provision of false or misleading information to College investigators in the course of their investigation into his conduct; failed to cooperate with the investigation into his conduct; and/or obstructed or attempted to obstruct the investigation into his conduct, contrary to ss. 76(3) and/or 76(3.1) of the Health Professions Procedural Code, being Schedule 2 to the Regulated Health Professions Act, 1991;
• Between in or about January 2015 to in or about November 2021, he instructed and/or permitted staff to open the Pharmacy and/or to dispense medications to patients when a pharmacist was not physically present in the Pharmacy; and/or
• Between in or about January 2021 to in or about November 2021, he charged and/or submitted improper claims (or permitted, consented to, or approved, expressly or by implication, the charging and/or submission of improper claims) for one or more patients (including, but not limited to, certain identified patients) for dispensing fees for compliance packages at more frequent intervals than the compliance packages were being dispensed.

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;
• Falsified a record relating to his practice and/or a person’s health record;
• Signed or issued, in his professional capacity, a document that he knew or ought to know contained a false or misleading statement;
• Submitted an account or charge for services and/or products that he knew or ought to know was false or misleading;
• Charged (or permitted, consented or approved, expressly or by implication, charges of) a fee and/or an amount that was excessive in relation to the service and/or product provided;
• Contravened the Pharmacy Act, 1991, 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, the Ontario Drug Benefit Act, or the regulations under those Acts, and particularly:
  • ss. 76(3) and/or 76(3.1) of the Health Professions Procedural Code, being Schedule 2 to the Regulated Health Professions Act, 1991, as amended;
  • ss.146 and/or 166 of the Drug and Pharmacies Regulation Act, as amended;
  • s. 15 of the Ontario Drug Benefit Act, as amended and/or ss. 18 and/or 27 of O. Reg. 201/96, as amended;
• Contravened a federal or provincial law or municipal by-law with respect to the distribution, purchase, sale, dispensing, or prescribing of any drug, drug product, mixture of drugs, the administering of any substance, or the piercing of the dermis; whose purpose is to protect or promote public health; and/or that is otherwise relevant to his suitability to practice, and particularly:
  • ss. 76(3) and/or 76(3.1) of the Health Professions Procedural Code, being Schedule 2 to the Regulated Health Professions Act, 1991, as amended;
  • ss.146 and/or 166 of the Drug and Pharmacies Regulation Act, as amended;
  • s. 15 of the Ontario Drug Benefit Act, as amended and/or ss. 18 and/or 27 of O. Reg. 201/96, 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 of the profession as disgraceful, dishonourable and unprofessional.

The Panel imposed an Order, as follows:

1. A reprimand;

2. Directing the Registrar to suspend the Registrant’s Certificate of Registration for a period of nineteen (19) months, with one (1) month to be remitted on the condition that the Registrant completes the remedial training specified in subparagraph 3.a and b, below, within twelve (12) months of the date the Order herein becomes final. The suspension shall commence on October 30, 2023 and continue until April 29, 2025, inclusive. If the remitted portion of the suspension is required to be served by the Registrant because he fails to complete the remedial requirement specified in subparagraph 3.a and b, that portion of the suspension shall commence on April 29, 2025, and shall continue until May 29, 2025, inclusive. If the time for completing the remedial steps in subparagraph 3.a and b, below, is extended by the Registrar, the date on which the remitted portion of the suspension shall commence, if required, shall be adjusted accordingly;

3. That the Registrar be directed to impose the following terms, conditions and limitations on the Registrant’s certificate of registration:

a. the Registrant must successfully complete, within twelve (12) months of the date this Order becomes final, and at his own expense, the ProBE Program on Professional/Problem-Based Ethics for healthcare professionals offered by the Centre for Personalized Education for Physicians, and any related evaluations, with an unconditional pass;

b. the Registrant must successfully complete an ethics course with Gail Siskind, 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 Registrant’s case, within eighteen (18) months of the date this Order becomes final. The following terms shall apply to the course:

i. the number of sessions shall be at the discretion of the consultant, but shall be at least three (3) meetings;

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

iii. the Registrant shall be responsible for the cost of the course;

iv. the Registrant shall provide to the consultant, in advance of the course, a copy of the Panel’s Reasons for Decision (if available), and the Agreed Statement of Facts and Joint Submission as to Order and Costs;

v. the Registrant 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; and

vi. the Registrant shall request a report from the consultant confirming that the Registrant has completed the course to the satisfaction of the consultant, and provide the report to the College within eighteen (18) months of the date this Order becomes final.

c. for a period of five (5) years, commencing on the date this Order becomes final, the Registrant shall be prohibited from acting as a Designated Manager at any pharmacy;

d. for a period of five (5) years, commencing on the date this Order becomes final, the Registrant shall be prohibited 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;

e. for a period of five (5) years, commencing on the date this Order becomes final, the Registrant shall be prohibited from having any proprietary interest in a pharmacy as sole proprietor or partner, or as shareholder in a corporation that owns a pharmacy, or in any other capacity;

f. for a period of five (5) years, commencing on the date this Order becomes final, the Registrant shall be prohibited from acting as a director of a corporation that owns a pharmacy; and

g. for a period of five (5) years, commencing on the date this Order becomes final:

i. the Registrant 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. the Registrant 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 the Registrant commencing employment at the pharmacy, that the Designated Manager received and reviewed a copy of the Agreed Statement of Facts and this Joint Submission on Order, or the panel’s decision and reasons (when available), before he commenced employment;

iii. the terms in clauses 3.g.i. and ii. shall apply even if the Registrant’s employment in the pharmacy is as a relief pharmacist;

4. Costs to the College in the amount of $60,000.

In its reprimand, the Panel noted that the Registrant is a pharmacist and a member of a health profession that is highly regarded within the healthcare system and the community-at-large. Integrity and trust are foundational principles for those who practice this profession.

The Panel expressed its view that the Registrant failed in his role as a pharmacist and designated manager. His conduct was egregious, and the Panel found it to be all of disgraceful, dishonourable and unprofessional.

The Panel noted that the Registrant failed to maintain the standards of practice when he signed documents and submitted claims that he knew or ought to have known were false, and when he charged fees that were excessive. He failed in his duties as a pharmacist when he instructed staff to open the pharmacy and dispense medications to patients when a pharmacist was absent.

The Panel further observed that the Registrant ignored the importance of maintaining professional boundaries by engaging in an inappropriate personal relationship with a patient. He engaged in physical contact, inappropriate comments, unwelcome advances, and intimidating and harassing conduct in relation to pharmacy staff. He also obstructed College investigators who were charged with investigating his conduct.

In so doing, the Registrant contravened numerous legislative provisions, the College’s code of ethics, and the NAPRA standards of practice.

The Panel indicated that it was particularly concerned to see the Registrant before the Discipline Committee so quickly after his prior discipline hearing and remedial ethics course. The Panel expressed its view that the Registrant must change his ways, remediate his practice, and learn from this shameful experience.

• Submitted (or permitted, consented to or approved, expressly or by implication, the submission of) false and/or misleading claims to the Ontario Drug Benefit Program for one or more of certain identified drugs and/or products, from in or about April 1, 2019 to in or about March 31, 2021; and/or
• Falsified pharmacy records relating to his practice and/or a person’s health record in relation to claims made to the Ontario Drug Benefit Program for one or more of certain identified drugs and/or products.

In particular, the Panel found that the Registrant:

• Failed to maintain a standard of practice of the profession;
• Falsified records relating to his practice and/or a person’s health record;
• Signed or issued, in his professional capacity, a document that he knew or ought to have known contained a false or misleading statement;
• 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, 1991, 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, and in particular:
  • Sections 5 and/or 15(1) of the Ontario Drug Benefit Act, RSO 1990, c O.10, as amended; and/or Ontario Regulation 201/96 made thereunder; and/or
  • Sections 155 and 156 of the Drug and Pharmacies Regulation Act, RSO 1990, c H.4, 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 of the profession as disgraceful, dishonourable, and unprofessional.

The Panel imposed an Order, as follows:

1. A reprimand;

2. Directing the Registrar to suspend the Registrant’s Certificate of Registration for a period of sixteen (16) months. The suspension shall commence on November 20, 2023, and shall continue without interruption until March 19, 2025, inclusive;

3. Directing the Registrar to impose specified terms, conditions, or limitations on the Registrant’s Certificate of Registration as follows:

a. The Registrant shall successfully complete, with an unconditional pass, at his own expense prior to or within twelve (12) months of the date of this Order, the ProBE Program on professional/problem-based ethics for health care professionals offered by the Centre for Personalized Education for Professionals, or provide evidence satisfactory to the College that he has completed this course and any related evaluations prior to or within the 12 months of the date of this Order;

b. For a period of three (3) years from December 15, 2023, the Registrant shall be prohibited from having any proprietary interest in a pharmacy of any kind;

c. For a period of three (3) years commencing on the date on which the suspension set out in paragraph 2, above, is lifted, the Registrant:

i. shall be prohibited from acting as a Designated Manager in any pharmacy;

ii. shall be prohibited from receiving renumeration for his work as a pharmacist other than remuneration on an hourly or weekly basis;

iii. shall be required to notify the College in writing of the name(s), address(es), and telephone number(s) of all employer(s) within fourteen (14) days of commencing employment in a pharmacy; and

iv. shall only work for an employer in a pharmacy, other than a pharmacy for which he is effectively the owner, who confirms to the College in writing, within fourteen (14) days of the Registrant commencing employment, (a) that they have been provided with a copy of the Discipline Committee Panel’s decision in this matter and its Order; and (b) the nature of the Registrant’s renumeration.

In its reprimand, the Panel noted that the honourable profession of pharmacy has the privilege and duty of self-regulation. Core to the practice of pharmacy are integrity, trust, and professional conduct at all times to ensure the high-quality delivery of care to the public. As a result of this trust, members of the profession are held in high regard by the people of Ontario they serve.

The Panel observed that the Registrant admitted to very serious allegations, which have jeopardized the trust and safety of the public. The profession of pharmacy, and this Panel, bears the responsibility of maintaining the public interest and the trust of both patients and registrants. The Panel pointed out that in admitting to the allegations, the Registrant has acknowledged responsibility for his actions, an important first step in his remedial work.

The Panel expressed its view, on behalf of the profession of pharmacy and the public it serves, that a more significant order will likely be imposed by another panel should the Registrant be found to be engaged in further misconduct. The Panel relayed its expectation that the Registrant will not see appear before a panel of the Discipline Committee of the Ontario College of Pharmacists in the future.

• Failed to keep documents as required respecting patients, the operation of the Pharmacy and/or the practice of members practising in the Pharmacy;
• Dispensed, sold or compounded a drug, or administered a substance, that was not of good quality and/or did not meet the standards required by law.

In particular, the Panel found that the Registrant:

• Failed to maintain a standard of accreditation;
• Failed to keep documents as required respecting patients, the operation of the Pharmacy and/or the practice of members practising in the Pharmacy;
• Dispensed, sold or compounded a drug, or administered a substance, that was not of good quality and/or did not meet the standards required by law;
• Engaged in conduct or performing 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. Directing the Registrar to suspend the Registrant’s certificate of registration for a period of 2 months. The suspension shall commence on November 27, 2023 and shall continue without interruption until January 26, 2024, inclusive;

3. Directing the Registrar to impose specified terms, conditions or limitations on the Registrant’s certificate of registration, including:

a. The Registrant must successfully complete, at his own expense, and within 12 months of the date of this Order, a mentorship program. The mentorship program must focus on the concerns raised in the audit reports from the assessments dated January 17, 2020, August 5, 2020 and September 2, 2021 (the “Audit Reports”) as well as the roles and responsibilities of a Designated Manager. The mentorship program shall include the following terms:

i. The Registrant shall retain, at his own expense, a mentor selected and approved by the College;

ii. The Registrant shall meet at least five (5) times with the mentor, for the purpose of reviewing the Registrant’s practice with respect to the concerns raised in the Audit Reports;

iii. To this end, the Registrant shall provide the mentor with the following documents related to this proceeding:

1. a copy of the Notice of Hearing;

2. a copy of the Agreed Statement of Facts;

3. a copy of this Joint Submission on Order;

4. a copy of the Decision and Reasons of the Discipline Panel, when available;

5. a copy of the Audit Reports as identified in the Agreed Statement of Facts; and

6. a copy of the report of [Name], MD, FRCPC, DABPN, dated June 28, 2023;

iv. The Registrant shall develop a learning plan with the mentor to comprehensively address the issues raised in the Audit Reports and the role and responsibilities of a Designated Manager. The learning plan shall include, but is not limited to, successful completion by the Registrant of the College’s Designated Manager e-Learning Module and its associated Certificate of Completion;

v. The Registrant shall demonstrate to the mentor that he has successfully achieved all of the goals of the learning plan; and

vi. The Registrant shall require the mentor to report the results of the Mentorship Program to the College within thirteen months of the date of this Order. Such report shall include, but is not limited to:

1. the Registrant’s Certificate of Completion of the College’s Designated Manager e-Learning Module;

2. the learning plan; and

3. the Mentor’s Reporting Form as provided by the College, which shall include the mentor’s assessment of the Registrant’s success in meeting the goals of the learning plan.

b. The Registrant shall be prohibited from acting as a Designated Manager in any pharmacy. This term, condition or limitation shall be suspended, and the Registrant shall be permitted to act as a Designated Manager, on the date on which the College is provided with a mentorship report, satisfactory to the College, that the Registrant has successfully completed the mentorship program set out in paragraph 3(a), and so long as the condition enumerated at paragraph 3(e) below that the Registrant meet with a medical doctor, continues to be met;

c. The Registrant must complete, at his own expense, and within 12 months of the date of this Order, a course on organization strategy, pre-approved by the College. The Registrant must provide proof that the course has been completed to the College within 12 months of the date of this Order in a manner approved by the College.

d. The Registrant’s practice and the operation of any pharmacy in which he has a proprietary interest shall be subject to Compliance Audit Reviews (“CARs”) by the College. The following terms apply to the CARs:

i. The College will be entitled to conduct any CAR for a period of three (3) years from the date on which the mentorship program set out in paragraph 3(a) is satisfied (“CARs Period”);

ii. If the Registrant ceases to have a place of practice and/or a proprietary interest in any pharmacy at any time within the three (3) years specified in subparagraph d(i) above, such that the College is unable to conduct any CARs, then the CARs Period shall be paused and shall resume on the date on which the Registrant obtains a place of practice and/or a proprietary interest in a pharmacy, and in such circumstances:

1. The Registrant shall notify the College immediately, in writing, if he no longer has a place of practice and/or a proprietary interest in a pharmacy at any point(s) during any times that the CARs Period remains active; and

2. If the CARs Period is paused at any time(s), the Registrant shall notify the College, in writing, when he obtains a place of practice and/or a proprietary interest in a pharmacy, at which point the CARs Period shall resume and shall continue until a total period of three (3) years has been achieved;

iii. The CARs will be conducted by either in person or through a remote or virtual method by a representative of the College at the Registrant’s place of practice and/or at any pharmacy in which he holds a proprietary interest, at such times as the College may determine;

iv. During any CARs, the College representative will be entitled to review and examine the Registrant’s practice, or the practice and operation of any pharmacy in which the Registrant holds a proprietary interest;

v. The CARs are in addition to any routine inspections conducted by the College pursuant to the Drug and Pharmacies Regulation Act, R.S .O. 1990, c. H.4., s.148, and are not substitute for such inspections;

vi. The Registrant shall fully cooperate with the College representative during the CARs; and

vii. The Registrant shall pay to the College in respect of such CARs the amount of $1,000.00 per CAR, immediately after each CAR is completed, with the total amount to be paid by the Registrant not to exceed $3,000, regardless of the number of CARs and/or attendances conducted by the College.

e. The Registrant shall meet with a medical doctor, approved by the College, on a monthly basis, concerning the Registrant’s mental health. The terms of the meetings are as follows:

i. The Registrant shall direct that the medical doctor’s care must include, but is not necessarily limited to, the issues identified by [Name], MD, FRCPC, DABPN, in his report dated June 28, 2023;

ii. To that end, the medical doctor will be provided with:

1. a copy of the Notice of Hearing;

2. a copy of the Agreed Statement of Facts;

3. a copy of this Joint Submission on Order;

4. a Copy of the Decision and Reasons of the Discipline Panel;

5. a copy of the Audit Reports; and,

6. a copy of the report of [Name], MD, FRCPC, DABPN, dated June 28, 2023.

iii. The Registrant shall obtain and deliver to the College within thirty (30) days of the date of this Order, a letter signed by the medical doctor:

1. agreeing to co-operate with the College by providing such information as the College shall require to ensure that the Registrant is complying with this term, condition or limitation;

2. agreeing to provide quarterly reports to the College which shall contain information as required by the College;

3. agreeing to immediately notify the College in writing in the event that:

a. the medical doctor forms the opinion that the Registrant’s health may interfere with his ability to practise pharmacy;

b. the Registrant has failed to attend any appointments without a reasonable explanation and immediate rescheduling;

c. the Registrant has failed to comply with any treatment recommendations made by the medical doctor;

4. The Registrant shall direct the medical doctor to provide quarterly reports to the College on the Registrant’s fitness to practice and any concerns they may have regarding the Registrant discharging any or all of his professional obligations, even if he is fit to practice.

5. The Registrant shall fully cooperate with the medical doctor.

6. All fees associated with the medical doctor shall be paid by the Registrant.

7. In the event that the relationship between the Registrant and medical doctor is terminated, the Registrant shall immediately inform the College and shall obtain the services of another medical doctor approved by the College as soon as practicable.

8. After a period of three (3) years from the date of this Order, the Registrant may apply to the Discipline Committee to have the condition set out in section 3(e) varied or removed.

4. Costs to the College in the amount of $15,000.

In its reprimand, the Panel noted that they found the Registrant’s conduct to be unacceptable and unprofessional. As a member of the profession of pharmacy, integrity and trust are paramount to the profession. The Registrant failed to maintain the responsibilities and obligations expected of him as a member of this profession.

The Panel observed that practice of pharmacy is a privilege that carries with it significant obligations to the public, the profession, and oneself. The Registrant’s actions could have had the potential to place the public at risk. The Panel noted that the order is appropriate and addresses the Registrant’s misconduct while allowing for rehabilitation.

The Panel expressed its expectation that the Registrant will complete the remedial actions and use the opportunity that he has been given to improve his professional conduct, and that he will not appear in front of a panel of the Discipline Committee again.

• Submitted (or permitted, consented to, or approved, expressly or by implication, the submission of) an account or charge for services or products that he knew and/or ought to have known was false or misleading with respect to one or more of certain identified drugs and/or products and/or one or more of certain identified claims to the Ontario Drug Benefit Program;
• Falsified (or permitted, consented to or approved, expressly or by implication, the falsification of) a record regarding his patients and/or his practice with respect to one or more of certain identified drugs and/or products and/or one or more of certain identified claims to the Ontario Drug Benefit Program;

• Signed or issued (or permitted, consented to, or approved, expressly or by implication, the signing or issuance of), in his professional capacity, a document he knew and/or ought to have known contained a false and/or misleading statement with respect to one or more of certain identified drugs and/or products and/or one or more of certain identified claims to the Ontario Drug Benefit Program; and/or
• Failed to keep records as required regarding his patients and/or his practice with respect to one or more of certain identified drugs and/or products and/or one or more of certain identified claims to the Ontario Drug Benefit Program

In particular, the Panel found that the Registrant:

• Failed to maintain a standard of practice of the profession;
• Failed to keep records as required respecting his patients and/or practice;
• Falsified (or permitted, consented to or approved, expressly or by implication, the falsification of) a record relating to his practice and/or a person’s health record;
• Signed or issued (or permitted, consented to, or approved, expressly or by implication, the signing or issuance of), in his professional capacity, a document that he knew or ought to have known contained a false or misleading statement;
• Submitted (or permitted, consented to, or approved, expressly or by implication, the submission of) an account or charge for services or products that he knew or ought to have known was false or misleading;
• 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 suspend the Registrant’s certificate of registration for a period of twelve (12) months. The suspension shall commence on December 4, 2023 and shall continue without interruption until December 3, 2024 inclusive.

3. Directing the Registrar to impose specified terms, conditions or limitations on the Registrant’s certificate of registration, including:

a. The Registrant must successfully complete, with an unconditional pass, at his own expense and within 12 months of the date of this Order, the ProBE Program on professional/problem-based ethics for health care professionals offered by the Centre for Personalized Education for Professionals;

b. For a period of four (4) years following the completion of the twelve (12) month suspension set out at paragraph 2, the Registrant shall be prohibited from acting as a Designated Manager in any pharmacy;

c. For a period of four (4) years from the date of this Order, the Registrant:

i. shall be prohibited from having any proprietary interest in a pharmacy of any kind and/or receiving remuneration for his work as a pharmacist other than remuneration on an hourly or weekly basis;

ii. shall be required to notify the College in writing of the names(s), address(s) and telephone numbers(s) of all employer(s) within fourteen (14) days of commencing employment in a pharmacy;

iii. shall provide his pharmacy employer with a copy of the Discipline Committee Panel’s decision in this matter and its Order; and

iv. shall only engage in the practice of pharmacy for an employer who agrees to write to the College within fourteen (14) days of the Registrant commencing employment, confirming that it has received a copy of the required documents identified in subparagraph 3(c)(iii), and confirming the nature of the Registrant’s remuneration.

4. Costs to the College in the amount of $10,000.

In its reprimand, the Panel noted that the roles of pharmacy owner and designated manager are ones of heavy responsibility. As the designated manager and minority shareholder of the pharmacy, the Registrant failed to uphold his ethical obligations.

The Panel observed that the volume of unsubstantiated billings over a two-year period of time that amounted to over $140,000 is an example of the Registrant’s disregard for the trust that has been placed in him by the public and the profession. Pharmacy is a self-regulated profession. The practice of pharmacy is a privilege, and it comes with significant obligations to the public, the profession, and oneself.

The Panel expressed its view that the elements within the order will ensure that the Registrant does not engage in this type of misconduct again. He must learn from this shameful experience. The Panel relayed its expectation that the Registrant will not appear before a panel of the Discipline Committee of the Ontario College of Pharmacists again.

• Sexually abused a patient, [Person A];
• Sexually harassed one or more of the following pharmacy employees: [Person B], [Person C], [Person A], [Person D], [Person E]; and/or sexually abused patient/employee [Person A].

In particular, it was alleged that he:

• Sexually abused a patient;
• Failed to maintain a standard of practice of the profession;
• 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 or unprofessional.

Following the hearing, in a decision dated April 14, 2023, the Panel made no findings against Pharmacist W with respect to the allegations. The Panel found that the College did not establish, on a balance of probabilities, that the Registrant committed the alleged misconduct, based on clear, cogent and convincing evidence.

• Submitted (or permitted, consented to or approved, expressly or by implication, the submission of) false, misleading, inaccurate, and/or unsubstantiated claims to the Ontario Drug Benefit Program (“ODBP”) for one or more of certain identified drugs and/or products, and/or one or more of certain identified claims; and/or
• Failed to keep records as required with respect to one or more of certain identified drugs and/or products, and/or one or more of certain identified claims submitted to the Ontario Drug Benefit Program.

In particular, the Panel found that the Registrant:

• Failed to maintain a standard of practice of the profession;
• Failed to keep records as required respecting her patients or practice;
• Falsified records relating to her practice;
• Signed or issued, in her professional capacity, a document she knew or ought to have known contained a false or misleading statement;
• Submitted an account(s) or charge(s) for services that she knew and/or ought to have known was false or misleading;
• Contravened the Ontario Drug Benefit Act or the regulations under those Acts, and in particular, sections 5, 6 and/or, 15(1) of the Ontario Drug Benefit Act, R.S.O. 1990, c.O.10, as amended, and/or sections 25(1) and/or 27 of O.Reg. 201/96, 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 of the profession 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 Registrant’s Certificate of Registration as follows:

a. The Registrant shall successfully complete, at her own expense, and within twelve (12) months of the date of this Order, the Pro BE Program on Professional/Problem Based Ethics for Healthcare Professionals, with an unconditional pass, or provide evidence satisfactory to the College that she has completed this program and any related evaluations within the (twelve) 12-month period prior to the date of this Order;

b. For a period of three (3) years, commencing March 19, 2025, the Registrant shall be prohibited from acting as a Designated Manager;

c. Following the restriction period set out in paragraph 2(b) above, if the Registrant wishes to act as a Designated Manager, then the Registrant shall successfully complete, at her own expense, a mentorship program regarding the misconduct arising from this matter. The mentorship program shall include the following terms:

i. The Registrant shall retain, at her own expense, a mentor selected by the College, and shall provide proof of such retainer before she may be appointed as a Designated Manager at any pharmacy;

ii. The Registrant shall meet at least five (5) times with the mentor, for the purpose of reviewing the Registrant’s practice with respect to the role and responsibilities of a Designated Manager arising from this matter. The meetings shall consist of both in-person and virtual formats, at the sole discretion of the mentor.

iii.The Registrant shall provide the mentor with the following documents related to this proceeding, in advance of the mentorship:

1. A copy of the Notice of Hearing;

2. A copy of the Agreed Statement of Facts;

3. A copy of this Joint Submission as to Penalty and Costs; and

4. A copy of the Decision and Reasons of the Discipline Panel, when available;

iv. The Registrant shall develop a learning plan with the mentor to comprehensively address the role and responsibilities of a Designated Manager. The learning plan shall include, but is not limited to, successful completion by the Registrant of the College’s Designated Manager a-Learning Module and its associated Certificate of Completion;

v. The Registrant shall demonstrate to the mentor that she has successfully achieved all of the goals of the learning plan no later than six (6) months from the date of on which she is appointed as a Designated Manager;

vi. The Registrant shall require the mentor to report the results of the mentorship program to the College, in writing and at the Registrant’s own expense, no later than seven (7) months from the date of on which she is appointed as a Designated Manager. Such report shall include, but is not limited to:

1. the learning plans;

2. the Registrant’s Certificate of Completion of the College’s Designated Manager e-Learning Module; and

3. a report from the mentor reporting the results of the mentorship meetings, including the mentor’s assessment of the Registrant’s success in meeting the goals of the learning plan.

d. In the event that the Registrant fails to complete the mentorship described in paragraph 2(c), above, no later than seven (7) months from the date on which she is appointed as a Designated Manger, then the Registrant shall be prohibited from acting as a Designated Manager until she has successfully completed the mentorship described in paragraph 2(c).

3. For a period of three (3) years from the date of this Order the Registrant shall be prohibited from having proprietary interest in any pharmacy;

4. For a period of three (3) years, commencing March 19, 2025, the Registrant shall only work for an employer in a pharmacy, other than a pharmacy for which she is effectively the owner, who confirms to the College in writing that they have been provided with a copy of:

i. the Notice of Hearing, Agreed Statement of Facts, and this Joint Submission as to Penalty and Costs; or

ii. the panel’s reasons for decision in this matter.

5. That the Registrar suspend the Registrant’s Certificate of Registration for a period of fifteen (15) months. The suspension shall commence on December 19, 2023, and shall run without interruption until March 19, 2025, inclusive.

6. Costs to the College in the amount of $10,000.

In its reprimand, the Panel noted that pharmacy is a self-regulated profession. The practice of pharmacy is a privilege, and it comes with significant obligations to the public, the profession, and to oneself. Pharmacists are expected to conduct themselves, like other health professionals, in a manner that maintains the public’s confidence in the healthcare system.

The Panel explained that, through her actions, the Registrant failed in her obligations as a pharmacist. She breached the standards of practice of the profession, her ethical obligations, and the legislation that governs the practice of pharmacy.

The Panel observed that the role of the pharmacist is one of heavy responsibility. It includes the obligation to practise pharmacy at the highest standard, and to ensure that the pharmacy operates at the highest standard.

The Panel pointed out that, as a pharmacist, the Registrant knew or should have known that what she was doing was wrong. The publicly funded Ontario Drug Benefit (ODB) program is a critical component of the province’s health care system. Breaches of the billing process that the Registrant committed cast a dark shadow over her practice as a pharmacist, but more importantly the entire profession of pharmacy. Such a failure on her part is of great concern to this Panel.

The Panel noted that the suspension of the Registrant’s Certificate of Registration is essential to protect the public, and to deter her from engaging in this type of conduct in the future. The remediation ordered is intended to provide the Registrant with an opportunity for rehabilitation of her conduct in her pharmacy practice. The Panel expressed its expectation that the Registrant will not appear again before a panel of the Discipline Committee of the Ontario College of Pharmacists.