Discipline Decisions (October 2022)

• Failed to recognize the limits of his competence with respect to the dispensing of drugs prescribed by veterinarians and taking insufficient steps to acquire such competence; and
• Failed to exercise reasonable diligence in scrutinizing the prescriptions [actually or] purportedly issued by Dr. [Name A] and Dr. [Name B].

In particular, the Panel found that the Registrant:

• Failed to maintain a standard or standards of practice;
• Performed a professional service without the requisite knowledge or skill;
• 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.

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 seven (7) months with one (1) month to be remitted on the condition that the Registrant completes the mentorship program specified in subparagraph 3(a) within twelve (12) months of the date of the Order. The suspension shall commence on July 18, 2022, and shall continue without interruption until January 17, 2023, 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), that portion of the suspension shall commence on March 19, 2024, and continue until April 18, 2024, inclusive.

3. That the Registrar is directed to impose specified terms, conditions or limitations on the Registrant’s certificate of registration, and in particular:

a. The Registrant shall successfully complete, within 12 months of the date the suspension in paragraph 2 is completed, 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 but not limited to the detection of fraudulent prescriptions. The mentorship must comply with the following terms:

i. Within 3 months following the completion of the suspension in paragraph 2, the College shall assign the Registrant a practice mentor and the Registrant shall retain the practice mentor at his own expense;

ii. The Registrant shall meet at least 3 times with the practice mentor, at a place to be determined by the practice mentor, for the purpose of reviewing the Registrant’s practice with respect to the issues outlined in paragraph 3(a) above, and identifying areas in the Registrant’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 12 months following the completion of the suspension in paragraph 2;

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

1. the Notice of Hearing, the Agreed Statement of Facts, and this Joint Submission on Order and Costs; or

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

iv. The Registrant shall develop with the practice mentor a learning plan to address the areas of his practice requiring remediation;

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

vi. The Registrant 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 14 months following the completion of the suspension in paragraph 2.

b. For a period of 24 months from the date of this Order, the Registrant shall be prohibited from acting as a Designated Manager in any pharmacy.

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

In its reprimand, the Panel noted that the Registrant is a member of the highly respected profession of pharmacy. Practice standards are designed to prevent misuse, abuse, and diversion of substances with the high potential for addiction and toxicity, and that are so problematic in today’s society.

The Panel observed that the profession of pharmacy is a privilege that carries with it significant obligations to the public, the profession, and oneself. The Registrant put the public at risk in ignoring the numerous red flags that were before him. Ignorance of veterinarian pharmacy practice is not an excuse.

The Panel acknowledged the Registrant’s efforts in cooperating with the College throughout this process. However, the Panel found his failure to follow the College guidelines on identifying forgeries and fraudulent prescriptions particularly alarming.

The Panel expressed its expectation that the Registrant will take his shortcomings to heart and fulfill his commitment to making the necessary improvements, and thus fulfilling the core elements of the practice of pharmacy. The Panel indicated its hope to never see the Registrant again before a Panel of the Discipline Committee.

• Submitted (or permitted, consented to, or approved, expressly or by implication, the submissions of) claims for MedsChecks that were not conducted, where the required documentation was not completed, and/or were otherwise non-compliant with the requirements set forth by the Ministry of Health and Long-Term Care between in or about August 2018 and in or about October 2020;
• Provided pharmaceutical care to himself and/or signed prescription hardcopies for his own medications between in or about January 2020 and in or about December 2020; and/or
• Failed to sign prescription hardcopies for medications he dispensed, signed prescription hardcopies that he did not dispense, and/or permitted staff to dispense medications without signing prescription hardcopies between in or about August 2019 and in or about January 2021.

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 a record relating to his practice and/or a person’s health record;
• Signed and/or issued, in his professional capacity, a document that he knew or ought to have known contained a false and/or misleading statement;
• Submitted an account and/or charge for services and/or products that he knew or ought to have known was false and/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 3 months with one month to be remitted on the condition that the Registrant completes the remedial training specified in subparagraph 3(a) within 14 months of the date of the Order. The suspension shall commence on July 21, 2022 and shall continue without interruption until September 20, 2022, inclusive. If the remitted portion of the suspension is required to be served by the Registrant because he fails to complete the remedial requirements specified in subparagraph 3(a), that portion of the suspension shall commence on November 21, 2023 and continue until December 20, 2023, 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, on or by September 20, 2023, 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 but not limited to: his responsibilities as a Designated Manager, MedsCheck processes and documentation, recordkeeping, and dispensing prescriptions to himself. The mentorship must comply with the following terms:

i. The College shall assign the Registrant a practice mentor and the Registrant shall retain the practice mentor, at his own expense, no later than December 20, 2022;

ii. The Registrant shall meet at least three times with the practice mentor, at a place to be determined by the practice mentor, for the purpose of reviewing the Registrant’s practice with respect to the issues outlined in paragraph 3(a) above, and identifying areas in the Registrant’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, until September 20, 2023;

iii. The Registrant shall provide the practice mentor with the following documents related to this proceeding prior to their first meeting:

1. the Notice of Hearing, the Agreed Statement of Facts, and this Joint Submission on Order; or

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

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

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

vi. The Registrant 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 November 20, 2023;

b. For a period of 12 months from the date of the Order, the Registrant shall be prohibited from acting as a Designated Manager in any pharmacy;

4. Costs to the College in the amount of $8,500.00.

In its reprimand, the Panel expressed its view that the Registrant’s conduct was shameful. The Panel noted that the practice of pharmacy is a privilege involving significant obligations to patients, the profession, and oneself.

The Panel indicated that the Registrant failed in his professional obligations as a pharmacist and as a Designated Manager, and that his professional misconduct erodes public trust in the profession and casts a shadow over his suitability to practice pharmacy.

The Panel noted that the Registrant must change his ways, remediate his practice in accordance with the Order, and learn from this experience.

• Submitted accounts or charges for services to the ODB that he reasonably ought to have known were non-compliant with the guidelines of the Ministry, for some or all of 78 MedsCheck reviews;
• Failed to document and/or retain records for some or all of 78 MedsCheck services as required by the MedsCheck program and pharmacy regulations;
• Failed to ensure the confidentiality of patient records.

In particular, the Panel found that the Registrant:

• Failed to maintain a standard of practice of the profession;
• Signed or issued, in his professional capacity, a document that he ought to have known contained a misleading statement;
• Submitted an account or charge for services or products that he ought reasonably to have known was misleading;
• Contravened the Pharmacy Act,1991, the Drug and Pharmacies Regulation Act,1990, the Regulated Health Professions Act, 1991, the Narcotics Safety and Awareness Act, 2010, the Drug Interchangeability and Dispensing Fee Act, 1990, or the Ontario Drug Benefit Act, 1990, or the regulations under those Acts, and in particular:
  • Section 15(1) of the Ontario Drug Benefit Act;
  • Sections 27 and/or 29 of O. Reg. 201/96, made under the Ontario Drug Benefit Act;
  • Sections 20 and/or 21 of O. Reg. 264/16, made under the Drug and Pharmacies Regulation Act; and/or
• Failed to keep records as required respecting his patients or 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 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 Registrant’s Certificate of Registration, and in particular:

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 healthcare professionals offered by the Centre for Personalized Education for Professionals;

b. For a period of one (1) year from the date of this Order, the Registrant shall be prohibited from acting as a Designated Manager in any pharmacy; and

c. 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 of this Order (“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 (a) 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, 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, with respect to any and all MedsCheck claims and associated documentation;

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 CAR 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.

3. That the Registrar suspend the Registrant’s Certificate of Registration for a period of five (5) months, with one (1) month of the suspension to be remitted on condition that the Registrant complete the remedial training as specified in paragraph 2(a). The suspension shall commence on July 22, 2022, and shall continue until November 21, 2022, 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 paragraph 2(a), that portion of the suspension shall commence on July 23, 2023, and shall continue until August 22, 2023, inclusive. If the time for completing the remedial steps in subparagraph 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.

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

In its reprimand, the Panel noted that the Registrant engaged in conduct that was unprofessional. He failed to maintain the standards of practice of the profession, and contravened provincial laws and regulations. He provided MedsChecks that were non-compliant with the requirements of the MedsCheck program. More specifically, he failed to document and/or retain records relating to some of the MedsChecks completed. The Panel observed that the Registrant failed to protect patient confidentiality by bringing patient records home.

The Panel indicated that, as an experienced, longstanding member of College, the Registrant should have known better.

The Panel expressed its hope that the Registrant has learned from this experience and that he will never again appear before a discipline panel.

• Directed (or permitted, consented to, or approved, expressly or by implication) a pharmacy technician to perform controlled acts limited to pharmacists and/or perform acts outside her scope of practice, including but not limited to, performing the clinical verification/therapeutic check of dispensed prescriptions;
• Failed to clinically verify or perform a therapeutic check on dispensed prescriptions;
• Falsified (or directed, permitted, consented to, or approved, expressly or by implication, the falsification of) records indicating that he had performed the clinical verification/therapeutic check of dispensed prescriptions; and/or
• Failed to take reasonable steps to protect narcotics and/or controlled substances at the Pharmacy from loss or theft, including but not limited to, failing to conduct, and/or maintain a record of, adequate reconciliations for narcotics and/or controlled substances and/or failing to report losses to Health Canada as required.

In particular, the Panel found that he:

• Failed to maintain a standard of practice of the profession;
• Failed to provide an appropriate level of supervision to a person he was professionally obligated to supervise;
• Failed to keep records as required respecting his patients and/or his practice;
• Falsified a record relating to his patients and/or his practice;
• Signed or issued, in his professional capacity, a document that he knew and/or ought to have known contained a false or misleading statement;
• Contravened a federal law with respect to the distribution, purchase, sale, or dispensing or prescribing of any drug or product, whose purpose is to protect or promote public health, and/or that is otherwise relevant to his suitability to practise, and in particular
  • Sections 42 and 43 of the Narcotic Control Regulations, 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 suspend the Registrant’s certificate of registration for a period of 6 months with 1 month to be remitted on the condition that the Registrant completes the remedial training specified in subparagraph 3(a) within 12 months of the date of the Order. The suspension shall commence on August 3, 2022 and shall continue without interruption until January 2, 2023, inclusive. If the remitted portion of the suspension is required to be served by the Registrant because he fails to complete the remedial requirements specified in subparagraph 3(a), that portion of the suspension shall commence on August 4, 2023 and continue until September 3, 2023, inclusive.

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

a. The Member must successfully complete at his own expense and within 12 months of the date of this Order, or provide evidence satisfactory to the College that he has successfully completed within 12 months prior to the date of the Order:

i. 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 raised by the facts and findings of professional misconduct in this case;

ii. the College’s six Jurisprudence e-learning modules;

iii. the College’s Jurisprudence exam; and

iv. the College’s Designated Manager e-learning module.

b. For a period of 18 months from the date of this Order, the Registrant shall be prohibited from acting as a Designated Manager in any pharmacy;

c. The Registrant’s practice, and the operation of any pharmacy in which he has a proprietary interest or acts as a Designated Manager, shall be subject to Compliance Audit Reviews (“CAR” or “CARs”) by the College, on the following terms:

i. the College will be entitled to conduct CARs for a period of two (2) years from the date that the Registrant becomes a Designated Manager of a pharmacy or obtains a proprietary interest in a pharmacy (the “CARs Period”);

ii. if the Registrant ceases to act as Designated Manager or to have a proprietary interest in a pharmacy at any time within the two (2) years specified in subparagraph 3(c)(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 proprietary interest in a pharmacy or commences acting as Designated Manager of a pharmacy, and in such circumstances:

1. the Registrant shall notify the College, in writing, if he no longer has a proprietary interest in a pharmacy or is no longer acting as a Designated Manager of a pharmacy at any point(s) during any time(s) 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 proprietary interest in a pharmacy or begins acting as Designated Manager of a pharmacy, at which point the CARs Period shall resume and shall continue until a total period of two (2) years has been achieved;

iii. the CARs will be conducted by means of attendances by a representative of the College at the pharmacy where the Registrant acts as Designated Manager or holds a proprietary interest in, at such times as the College may determine;

iv. during any CAR, 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 or acts as Designated Manager, with respect to any issue relevant to the Discipline Committee Panel’s decision in this matter;

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 a 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 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 $5,000, regardless of the number of CARs and/or attendances conducted by the College.

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

In its reprimand, the Panel noted that the Registrant admitted to breaching the standards of practice and contravening the Acts that regulate the pharmacy profession, as well as failing in his duties as a Designated Manager.

This Panel expressed its concern regarding the Registrant’s lack of insight, in that he delegated a task to a pharmacy technician, which placed his patients’ health at risk. He engaged other staff and members of the College in unlawful acts and took advantage of the power imbalance between his staff and himself. He falsified records and deceived the public, jeopardizing their trust in the profession.

As a pharmacist the Registrant is expected to comply with his professional, legal, and ethical obligations, and the standards of practice of this profession. He failed to meet these obligations in his responsibilities as Designated Manager by failing to protect narcotics under his control.

The Panel expressed its expectation that the Registrant, as a pharmacist, will always have the best interest of the public and patients as his priority. The Panel relayed its trust that the remediation will better equip the Registrant to make more thoughtful and professional decisions in his future practice, and that he will not appear before a discipline panel again.

• Provided a controlled drug, as defined in the Food and Drug Regulations, […] without first having been provided a prescription for it;
• Possessed substances included in Schedule I of the Controlled Drugs and Substances Act without being authorized to do so under the Regulations of that Act;
• Provided narcotics […] otherwise than in accordance with the Regulations of the Controlled Drugs and Substances Act;
• Falsified a record relating to her patients and/or her practice with respect to certain identified narcotic drug products;
• Performed an otherwise authorized controlled act for an improper purpose with respect to certain identified narcotic drug products;
• Signed or issued, in her professional capacity, a document she knew and/or ought to have known contained a false and misleading statement with respect to certain identified narcotic drug products;
• Submitted or permitted, consented to or approved, expressly or by implication, the submissions of an account or charge for products that she knew and/or ought to have known was false or misleading with respect to certain identified narcotic drug products.

In particular, the Panel found that the Registrant:

• Failed to maintain a standard of practice of the profession;
• Performed an otherwise authorized controlled act for an improper purpose;
• Falsified a record relating to her patients and/or her practice;
• Signed or issued, in her professional capacity, a document that she knew and/or ought to have known contained a false or misleading statement;
• Submitted or permitted, consented to or approved, expressly or by implication, the submissions of an account or charge for products that she knew and/or ought to have known was false or misleading;
• Contravened, while engaged in the practice of pharmacy at the Pharmacy, a federal, provincial, or territorial law or municipal by-law, including:
  • Section G.03.002 of the Food and Drug Regulations, C.R.C., c. 870, as amended;
  • Section 4 of the Controlled Drugs and Substances Act, S.C. 1996, c.19, as amended;
  • Section 31(1) of the Narcotic Control Regulations under the Controlled Drugs and Substances Act;
• 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 7 months, with 1 month to be remitted on the condition that the Registrant successfully completes the remedial training as specified in paragraph 3(a) below. The suspension shall commence on August 8, 2022 and shall continue without interruption until February 7, 2023, inclusive.

a. If the remitted portion of the suspension is required to be served by the Registrant because she fails to complete the remedial requirement specified in paragraph 3(a), that portion of the suspension shall commence on February 7, 2023, and shall continue until March 6, 2023, inclusive. If the time for completing the remedial steps in paragraph 3(a) is extended by the Registrar, the date on which the remitted portion of the suspension shall commence, if required, shall be adjusted accordingly;

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

a. The Registrant shall successfully complete, with an unconditional pass, at her own expense and within 6 months of the date of this Order, the ProBE Program on professional/problem-based ethics for healthcare professionals offered by the Centre for Personalized Education for Physicians;

b. For a period of five (5) years from the date of this Order,

i. the Registrant shall be prohibited from acting as a Narcotic Signer in any pharmacy;

ii. the Registrant shall be prohibited from acting as a Designated Manager in any pharmacy; and

iii. the Registrant shall be prohibited from having any proprietary interest in a pharmacy;

iv. the terms, conditions and limitations referred to in subparagraphs 3(b)(i), (ii), and (iii) are in addition to, and apply irrespective of any other Order made by any other Committee of the College.

c. For a period of two (2) years commencing on the date of this Order:

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 she began or is to begin employment, within seven (7) days of commencing such employment;

a. 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 her commencing employment at the pharmacy, that the Designated Manager received and reviewed a copy of the panel’s decision and reasons in this matter before she commenced employment;

ii. the terms in clauses 3(c)(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 $10,000.

In its reprimand, the Panel noted that it considered the seriousness of the Registrant’s misconduct and was extremely disappointed with her failure to maintain the high standards of practice expected of the profession.

The Panel noted that, in addition to misappropriating narcotics, the Registrant engaged in falsifying records and submitting charges for services that were false or misleading, and contravened a number of federal and provincial laws. She violated the trust that the public holds in this profession. To this end, the Panel found her behavior to be all of unprofessional, dishonourable and disgraceful.

While the Panel acknowledged the Registrant’s acceptance of responsibility for her actions and her cooperation during the process, the Panel viewed her actions as completely unacceptable. The Panel was most troubled by the potential for substantial patient harm if any of the adulterated narcotic products had been inadvertently dispensed.

The Panel expressed its trust that the rehabilitation outlined in the Order will provide the Registrant with an opportunity to reflect on and improve her professional practice, and its expectation that she will learn from this experience and will not appear before a panel of a Discipline Committee again.

• At various times between about January 1, 2015 and June 10, 2020, he submitted (or permitted, consented to or approved, expressly or impliedly, the submission of) charges for drugs and/or products that were not dispensed, and in particular, with respect to Rebif 132mcg Multi-Dose;
• At various times between about October 20, 2017 to February 11, 2020, he submitted (or permitted, consented to or approved, expressly or impliedly, the submission of) charges for drugs and/or products that were not dispensed, and in particular, with respect to intra-nasal Naloxone Kit (2), DIN 93877256;
• At various times between about January 1, 2015 and December 31, 2017, he cancelled (or permitted, consented to or approved, expressly or impliedly, the cancellation of) prescriptions that had been billed to the Ontario Drug Benefit program and that required a manual submission to ensure the reversal of the charge, without completing the manual submission, or ensuring that it was done, and therefore without ensuring the reversal of the charge.

In particular, the Panel found that the Registrant:

• Failed to maintain a standard of practice of the profession;
• Falsified a record relating to his practice and/or to a person’s health record;
• Charged a fee that was excessive in relation to the service or product provided;
• 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 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 Registrant’s Certificate of Registration, and in particular:

a. The Registrant shall successfully complete, at his own expense and within twelve (12) months of the date of the Order, the ProBe Program on Professional/Problem Based Ethics for Healthcare Professionals, with an unconditional pass;

b. The Registrant shall be prohibited from acting as Designated Manager in any pharmacy until such time as he successfully completes, at his own expense, the Ontario College of Pharmacists’ online Designated Manager Module;

c. 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 four (4) years from the date of this Order (“CARs Period”);

ii. if the Registrant ceases to have both a place of practice and a proprietary interest in any pharmacy at any time withing the four (4) years specified in subparagraph (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, in writing, if he no longer has a place of practice and 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 four (4) years has been achieved;

iii. the CARs will be conducted either in person or through a remote or virtual method by means of attendances 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 CAR, 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, with respect to with respect to record keeping and inventory audit trails, and appropriate billing practices;

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 a 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 CAR 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 $4,000, regardless of the number of CARs and/or attendances conducted by the College.

3. That the Registrar suspend the Registrant’s Certificate of Registration for a period of five (5) months, with one (1) month of the suspension to be remitted on condition that the Registrant complete the remedial training as specified in subparagraphs 2(a), 2(b), and 2(c) above. The suspension shall commence on August 10, 2022, and shall continue until December 9, 2022, inclusive. If the remitted portion of the suspension is required to be served by the Registrant because he fails to complete the remedial requirements specified in subparagraph 2(a) above, that portion of the suspension shall commence on August 11, 2023, and shall continue until September 10, 2023, inclusive. If the time for completing the remedial steps in subparagraph 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.

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

In its reprimand, the Panel noted that the Registrant’s misconduct is unacceptable. The Registrant was a dispensing pharmacist, a director, and a shareholder of the corporation of the Pharmacy where his misconduct occurred. As an experienced, long-standing registrant of this College, he should have known better.

The Panel observed that practicing pharmacy is a privilege granted to those who possess the knowledge, skill, and judgment to practice safely, ethically, and professionally, which the Registrant failed to do.

The Panel expressed its view that the Registrant’s conduct was unacceptable and casts serious doubt on his fitness to practice the profession. The Registrant has brought shame to those who have worked so hard to maintain the high standards required and demanded by the public and the profession.

The Panel indicated that the Registrant has taken a positive step to begin to remediate his practice. However, he must change his ways, learn from this shameful experience, and commit to not having to appear before this Discipline Committee for the third time.

• Failed to keep records as required respecting her practice with respect to one or more of certain identified products from on or about January 1, 2017 to on or about December 31, 2017; and/or
• Failed to have systems in place to maintain an audit trail of the acquisition and movement of products from on or about January 1, 2017 to on or about December 31, 2017;
• Submitted false or unsubstantiated claims for one or more of certain identified products from on or about January 1, 2017 to on or about December 31, 2017.

In particular, the Panel found that she:

• Failed to maintain a standard of practice of the profession;
• Failed to keep records as required respecting her practice;
• Falsified records relating to her practice by submitting false or unsubstantial claims for one or more of certain identified products;
• Signed or issued, in her professional capacity, documents that she knew contained false or misleading statements by submitting false or unsubstantial claims for one or more of certain identified products;
• Submitted an account or charge for services and products that she knew were false or misleading by submitting false or unsubstantial claims for one or more of certain identified products;
• Contravened a regulation under the Drug and Pharmacies Regulation Act, and in particular sections 19 and 20 of Ontario Regulation 264/16;
• Engaged in conduct or performed an act relevant to the practice of pharmacy that, having regard to all the circumstances would reasonably be regarded members as 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 Registrant’s Certificate of Registration, and in particular:

a. The Registrant shall successfully complete, at her own expense and within twelve (12) months of the date of the Order, the ProBE Program on Professional/Problem Based Ethics for Healthcare Professionals, with an unconditional pass;

b. The Registrant shall be prohibited from acting as Designated Manager in any pharmacy for three (3) years from the date of this Order;

c. The Registrant shall be prohibited from acting as Director or voting as a shareholder in any corporation operating a pharmacy for three (3) years from the date of this Order;

d. The Registrant’s practice, and the operation of any pharmacy in which she 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 of this Order (“CARs Period”);

ii. if the Registrant ceases to have both a place of practice and a proprietary interest in any pharmacy at any time within the three (3) years specified in subparagraph (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:

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

B. if the CARs Period is paused at any time(s), the Registrant shall notify the College, in writing, when she 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 means of attendances by a representative of the College at the Registrant’s place of practice and/or at any pharmacy in which she holds a proprietary interest, at such times as the College may determine;

iv. during any CAR, 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, with respect to with respect to record keeping and inventory audit trails, and appropriate billing practices;

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 a 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 CAR 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 $6,000, regardless of the number of CARs and/or attendances conducted by the College.

3. That the Registrar suspend the Registrant’s Certificate of Registration for a period of nine (9) months, with one (1) month of the suspension to be remitted on condition that the Registrant complete the remedial training as specified in subparagraph 2(a) above. The suspension shall commence on August 13, 2022, and shall continue until April 12, 2023, inclusive. If the remitted portion of the suspension is required to be served by the Registrant because she fails to complete the remedial requirements specified in subparagraph 2(a) above, that portion of the suspension shall commence on August 13, 2023, and shall continue until September 12, 2023, inclusive. If the time for completing the remedial steps in subparagraph 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.

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

In its reprimand, the Panel noted that the Registrant engaged in conduct that was unprofessional and dishonourable. She failed to maintain the standards of practice of the profession and contravened provincial laws and regulations. She failed to keep records as required, failed to have systems in place to maintain audit trails of the acquisition and movement of pharmacy products, and submitted false or unsubstantiated claims.

The Panel observed that the Registrant failed in her responsibilities as the Designated Manager of the Pharmacy. She failed to maintain the high standards required and demanded by the public and the profession.

The Panel expressed its hope that the Registrant has learned from this experience and that she will never again appear before a discipline panel.

• Between about July 18, 2016 and October 26, 2016, he failed to ensure that appropriate policies were in place and/or that Pharmacy staff followed appropriate policies relating to the destruction of drugs and/or the personal health information of patients of the Pharmacy;
• Between about July 18, 2016 and October 26, 2016, he failed to ensure that appropriate policies were in place and/or that Pharmacy staff followed appropriate policies relating to the transfer of custody of narcotic medication for methadone maintenance treatment programs;
• Between about July 18, 2016 and December 2018, he failed to ensure the security and/or destruction of drugs and/or the personal health information of patients of the Pharmacy, with respect to items recovered from [Storage Facility] in [Place], Ontario.

In particular, the Panel found that the Registrant:

• 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 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 Registrant’s Certificate of Registration, and in particular:

a. The Registrant shall successfully complete, at his own expense and within twelve (12) months of the date of the Order, the ProBe Program on Professional/Problem Based Ethics for Healthcare Professionals, with an unconditional pass;

b. The Registrant shall successfully complete, at his own expense and within twelve (12) months of the date of the Order, the Opioid Use Disorder Treatment (OUTD) Course, offered by the Centre for Addiction and Mental Health;

c. The Registrant shall successfully complete, at his own expense and within twelve (12) months of the date of the Order, the Ontario College of Pharmacists’ on line Designated Manager Module;

3. That the Registrar suspend the Registrant’s Certificate of Registration for a period of three (3) months, with one (1) month of the suspension to be remitted on condition that the Registrant complete the remedial training as specified in subparagraphs 2(a), 2(b), and 2(c) above. The suspension shall commence on August 23, 2022, and shall continue until October 22, 2022, inclusive. If the remitted portion of the suspension is required to be served by the Registrant because he fails to complete the remedial requirements specified in subparagraphs 2(a) and/or 2(b) and/or 2(c) above, that portion of the suspension shall commence on August 24, 2023, and shall continue until September 23, 2022, inclusive. If the time for completing the remedial steps in subparagraphs 2(a) and/or 2(b) and/or 2(c) 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 $10,000.00

In its reprimand, the Panel noted that the Registrant engaged in conduct that was unprofessional. He failed to maintain the responsibilities and obligations expected of him as a member of the profession. He breached the Standards of Practice, and failed in his responsibilities as Designated Manager.

The Panel observed that the Registrant’s lack of policy, procedures, and supervision contributed to a callous disregard for patient privacy, and had the potential to impact public safety.

The Panel noted that pharmacy is a self-regulated profession. Pharmacists bear the responsibility to ensure that they maintain the trust of the public and its members. The practice of pharmacy is a privilege, and it comes with significant obligations to the public, the profession, and registrants themselves.

The Panel noted that the Registrant is expected to practice pharmacy within the standards of the profession and expressed that they expect that the Registrant will take this opportunity to reflect on his actions and complete the required remediation. In doing so, the Panel conveyed that they expect that the Registrant will change the way he practices and that he will not appear again before a panel of the Discipline Committee.

• At various times between about February 2010 and June 12, 2019, he submitted (or permitted, consented to or approved, expressly or impliedly, the submission of) charges for drugs and/or products that were not dispensed, including:

a. by instructing staff (or permitting, consenting to or approving, expressly or impliedly, the instruction to staff) to not cancel prescriptions that had been billed but not dispensed to patients, and/or
b. with respect to certain identified drugs and/or;

• Between about October 1, 2017 and November 30, 2017, he cancelled (or permitted, consented to or approved, expressly or impliedly, the cancellation of) prescriptions for which the Pharmacy was not entitled to payment, without taking the steps (or ensuring the steps were taken) that were necessary to ensure the reversal of the charges billed by the Pharmacy, with respect to certain identified prescriptions;
• Between about September 1, 2015 and October 1, 2017, he submitted (or permitted, consented to or approved, expressly or impliedly, the submission of) certain identified claims to the Ontario Drug Benefit Program for which he was required to have and maintain records that he did not have and/or maintain;
• Between about September 1, 2015 and October 1, 2017, he submitted (or permitted, consented to or approved, expressly or impliedly, the submission of) certain identified claims to the Ontario Drug Benefit Program and accepted payment for those claims without being entitled to payment;
• At various times between about February 2010 and June 12, 2019, he instructed staff to dispense methadone and/or Suboxone to patients without a pharmacist present to witness the patient’s dose, and/or he participated in, permitted, consented to, or approved, either expressly or impliedly, that practice;
• At various times between about February 2010 and June 12, 2019, he instructed staff to dispense prescription medication to patients without ensuring that a pharmacist or registered pharmacy technician had verified the prescription and its preparation, and had signed the prescription hardcopy, and/or he participated in, permitted, consented to, or approved, either expressly or impliedly, that practice;
• At various times between about February 2010 and June 12, 2019, he instructed staff to sign prescription hardcopies in a manner intended to or that he ought reasonably to have expected would be confused for a pharmacist’s signature, and/or he participated in, permitted, consented to, or approved, either expressly or impliedly, that practice;
• At various times between about May 27, 2014 and June 12, 2019, he failed to ensure appropriate staffing levels in the Pharmacy to enable himself and other staff to maintain the accepted standard of pharmacy practice and to deliver safe and effective patient care;
• Between about December 2016 and February 2017, he instructed staff to dispense reconstituted powdered methadone to patients while billing those patients’ prescriptions as though Methadose had been dispensed, and/or he participated in, permitted, consented to, or approved, either expressly or impliedly, that practice;
• Between about January 1, 2016 and December 31, 2018, he failed to report (or ensure the reporting of) a loss or theft of narcotics relating to losses of Hydromorph contin 18mg, 24mg, and/or 30mg, as required by s. 42 of the Narcotic Control Regulations, CRC, c. 1041;
• Between about January 1, 2016 and June 12, 2019, he failed to ensure that inventory reconciliations of narcotics and controlled/targeted substances were performed at least every six months and/or with reasonable/required frequency

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 or practice;
• Falsified a record relating to his practice and/or to a person’s health record;
• Submitted an account or charge for services or products that he knew or ought to know was false or misleading;
• Contravened the Pharmacy Act, the Drug and Pharmacies Regulation Act, the Regulated Health Professions Act, 1991, or the regulations under those Acts, and in particular:
  • s. 156(1)(g) of the Drug and Pharmacies Regulation Act, RSO 1990, c H.4;
• Contravened a federal or provincial or territorial law or municipal by-law with respect to the distribution, purchase, sale, or dispensing or prescribing of any drug or mixture of drugs or product, and in particular:
  • ss. 5, 6, and/or 15(1)(b) of the Ontario Drug Benefits Act, RSO 1990, c O.10, as amended;
  • s. 42 of the Narcotic Control Regulations, CRC, c. 1041;
• 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 Registrant’s Certificate of Registration, and in particular:

a. The Registrant shall successfully complete, at his own expense and within twelve months of the date of the Order, the ProBe Program on Professional/Problem Based Ethics for Healthcare Professionals, with an unconditional pass;

b. The Registrant shall successfully complete, at his own expense and within twelve (12) months of the date of the Order, the Opioid Use Disorder Treatment (OUTD) Course, offered by the Centre for Addiction and Mental Health;

c. the Registrant shall be prohibited from dispensing methadone, buprenorphine, and/or similar medications at any pharmacy or other location in Ontario or engaging in any activities related to the purchase, preparation, dispensing, sale, and/or billing of methadone, buprenorphine, and/or similar medications to patients or others until he has successfully completed the Opioid Use Disorder Treatment course described in subparagraph 2(b), above and has provided the College with notice, using the Methadone Dispensing Notification Form, of his intention to dispense methadone;

d. that for a period of three years from the date this Order becomes final, the Registrant shall be prohibited from

i. having any proprietary interest in a pharmacy as a sole proprietor or partner, or director or shareholder in a corporation that owns a pharmacy (excepting only that he may be permitted to own shares in a publicly traded corporation that has an interest in a pharmacy), or in any other capacity;

ii. 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; and

iii. acting as a Designated Manager in any pharmacy.

3. That the Registrar suspend the Registrant’s Certificate of Registration for a period of fourteen (14) months, with one (1) month of the suspension to be remitted on condition that the Registrant complete the remedial training as specified in subparagraphs 2(a) and 2(b), above. The suspension shall commence on August 25, 2022, and shall continue until September 24, 2023, inclusive. If the remitted portion of the suspension is required to be served by the Registrant because he fails to complete the remedial requirements specified in subparagraphs 2(a) and/or 2(b), above, that portion of the suspension shall commence on September 25, 2023, and shall continue until October 24, 2023, inclusive. If the time for completing the remedial steps in subparagraphs 2(a) and/or 2(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 $10,000.

In its reprimand, the Panel observed that the Registrant is a member of the highly respected profession of pharmacy. Integrity and trust are paramount to the profession. Pharmacists provide care to the public, and in return are held in high regard for the role they play.

The Panel expressed that they were extremely disappointed in the Registrant’s conduct and were appalled by the facts presented in this case. The Panel noted that the Registrant defrauded the people of Ontario, which negatively impacts healthcare funding. He knowingly encouraged the falsification of records which resulted in the unsupervised dispensing of methadone which placed a vulnerable patient population at risk. The Registrant also failed to ensure that the required safeguards for proper handling and reconciliation of narcotics were in place, as well as reporting any loss of narcotics to the authorities. The Panel further expressed that he demonstrated a complete disregard for the counselling and monitoring of patients who were prescribed methadone as per the procedures established by the profession. In addition, as the sole director and co-shareholder of the Pharmacy, the Registrant failed to ensure appropriate staffing levels. His actions undermined the public’s confidence in the profession of pharmacy and endangered its trusted reputation.

The Panel conveyed the Registrant placed his own business interests above patient safety which was deplorable and reprehensible. In the future, the Registrant is expected to practice pharmacy within the standards of the profession.

The Panel noted that they expect that the Registrant will take this opportunity to reflect on his actions and to complete the required remediation. In doing so, the Panel anticipates that the Registrant will change the way he practices and that he will not appear before a panel of the Discipline Committee again.

a. on or about November 25, 2020, and in the period following that date, he closed the Pharmacy without complying with the requirements for closing a Pharmacy, and in particular:

i. he failed to remove and dispose of all drugs according to law, contrary to s. 141 of the Drug and Pharmacies Regulation Act, RSO 1990, c. H.4;

ii. he failed to submit to the Registrar a Pharmacy Closing Statement, contrary to s. 141 of the Drug and Pharmacies Regulation Act, RSO 1990, c. H.4;

b. on or about November 25, 2020 to February 5, 2021 he failed to adequately reply within a reasonable time to requests from the College relating to the closure of the Pharmacy.

In particular, the Panel found that he:

• Failed to maintain a standard of practice of the profession;
• Contravened the Pharmacy Act, the Drug and Pharmacies Regulation Act, the Regulated Health Professions Act, 1991, the Narcotic 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: s. 141 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 of the profession as 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 Registrant’s Certificate of Registration as follows:

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

b. The Registrant shall be prohibited from acting as a Designated Manager or having proprietary interest at any pharmacy for a period of one (1) year starting on April 11, 2024, and

c. For a period of three (3) years from the date of this Order, the Registrant shall only work for an employer who confirms to the College in writing that they have been provided with a copy of:

i. the Notice of Hearing and Order in this matter; or

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

3. That the Registrar suspend the Registrant’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 Registrant successfully complete the remedial training as specified in paragraph 2(a), above. The suspension shall commence September 11, 2022, and shall continue without interruption until December 10, 2022, 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 paragraph two, that portion of the suspension shall commence on September 12, 2023, and continue without interruption until October 11, 2023, inclusive. If the time for completing the remedial steps in paragraph 2(a) 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 $5,000.00.

In its reprimand the Panel expressed its disappointment in the events that brought the Registrant before the Discipline Committee yet again. The practice of pharmacy is a privilege that carries with it significant obligations to the public, the profession, and to oneself. The Registrant admitted to breaching the standards of practice and contravening the acts that regulate the pharmacy profession, as well as failing in his duties as a Designated Manager by failing to protect narcotics under his control and failing to comply with College requirements for the closing of pharmacies.

As a pharmacist, the Registrant is expected to comply with his professional, legal, and ethical obligations, and the standards of practice of this profession. Although he characterized his behaviour as a mistake, the Registrant had multiple opportunities to become educated on any requirements that were unclear. One cannot assume a willful blindness to obligations as pharmacists. The Registrant’s actions demonstrated poor judgement and a disregard for the regulations governing the practice of pharmacy.

It is the Panel’s expectation that the Registrant, as a pharmacist, will always have the best interests of the public and patients as his priority. The Panel expressed its trust that the completion of the remediation ordered will better equip the Registrant to make thoughtful and professional decisions in his future practice, and that he will not appear before a discipline panel again.

Referral 1:

The Panel found that the Registrant, as pharmacist and/or Designated Manager at Pars Medical Pharmacy in Richmond Hill, committed professional misconduct in or about September 2014 – October 2015, in that he:

• Dispensed medications and/or supplies to himself, and/or submitted claims to [Insurer] for such medications or supplies, without documenting the authorizations, in relation to certain identified prescriptions;
• Dispensed medications and/or supplies to [Patient 1], and/or submitted claims to [Insurer] for such medications or supplies, without documenting the authorizations, in relation to certain identified prescriptions;
• Dispensed medications and/or supplies to [Patient 2], and/or submitted claims to [Insurer] for such medications or supplies, without documenting the authorizations, in relation to certain identified prescriptions;
• Obtained new prescriptions and/or prescription refills for himself for certain identified prescriptions;
• Dispensed prescription medications to himself in relation to certain identified prescriptions; and/or
• Submitted claims to [Insurer] for 200 diabetic test strips for himself on or about October 27, 2014, as though the prescription had been authorized by him in accordance with the regulations under the Pharmacy Act, 1991 which was not accurate, and/or then falsified a record retroactively to indicate that the claim had been authorized by a physician before being submitted.

In particular, the Panel found that he:

• Failed to maintain a standard of practice of the profession
• Practised the profession while he was in a conflict of interest
• Failed to keep records as required respecting his patients
• 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
• 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 dishonourable and unprofessional

Referral 2:

The Panel found that the Registrant, as pharmacist and Designated Manager at Pars Medical Pharmacy in Richmond Hill, Ontario, and as shareholder of Ultra Care Pharmacy Inc., the owner and operator of the Pharmacy, committed professional misconduct in that he

• Submitted false or unsubstantiated claims to the Ontario Drug Benefit Program totalling approximately $80,000.00 in relation to nine identified drug and/or other health products in or about January 2013-March 2015; and/or
• Created false records of billing and/or dispensing transactions in relation to the false or unsubstantiated claims submitted to the Ontario Drug Benefit Program in relation to nine identified drug and/or other health products in or about January 2013-March 2015.

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, R.S.O. 1990 c.O. 10, sections 5, 6 and/or 15, as amended, and/or Ontario Regulation 201/96, section 27;
• 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 Registrant’s Certificate of Registration requiring that:

a. the Registrant shall complete successfully, at his own expense, the ProBE Program on Professional/Problem Based Ethics for Healthcare Professionals, with an unconditional pass, within twelve (12) months of the date of this Order;

b. the Registrant shall be prohibited from acting as the Designated Manager at any pharmacy for a period of five (5) years from the date of this Order;

c. the Registrant shall be prohibited from having any proprietary interest of any kind in a pharmacy for a period of five (5) years from the date of this Order;

d. the Registrant shall provide notification to all his employers in pharmacy regarding the disposition of this discipline proceeding, for a period of three (3) years from the date of this Order, on the following terms:

i. the Registrant shall notify the College in writing of the name, address, and telephone number of any current or future employer, within fourteen (14) days of resuming any current employment or commencing any future employment in pharmacy;

ii. the Registrant shall provide his employer(s) in pharmacy with a copy of the Agreed Statement of Facts and this Joint Submission on Order, or the Decision and Reasons of the Discipline Committee in this matter, including this Order (when available), prior to resuming any current employment or commencing any future employment in pharmacy; and

iii. the Registrant shall only engage in the practice of pharmacy for an employer who agrees to advise the College in writing, within fourteen (14) days of the Registrant resuming any current employment or commencing any new employment with the employer, confirming that the Designated Manager of the employer’s pharmacy has received a copy of the documents set out in paragraph 2(d)(ii) above.

3. Directing the Registrar to suspend the Registrant’s Certificate of Registration for a period of fourteen (14) months, with one (1) month of the suspension to be remitted on condition the Registrant complete the remedial training program as specified in paragraph 2(a) above. The suspension shall commence on September 14, 2022 and continue without interruption until October 13, 2023. If the remitted portion of the suspension has to be served because the Registrant fails to complete the ProBE Program as specified in subparagraph 2(a) above, the further suspension shall commence on October 14, 2023 and continue without interruption until November 13, 2023. 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.

4. Costs to the College in the amount of $35,000.00.

In its reprimand, the Panel noted that the Registrant is a member of the highly respected profession of pharmacy. Integrity and trust are paramount to the profession. Pharmacists provide care to the public, and in return are held in high regard for the role they play.

The Panel expressed its extreme disappointment in the Registrant’s conduct and related that it was appalled by the facts presented in this case.

As the Designated Manager and the Owner of the Pharmacy, the Registrant failed in his obligations to maintain the standards of practice of the profession, his ethical obligations, and pharmacy legislation. The roles of pharmacy Owner and Designated Manager are ones of heavy responsibility. The Panel expressed its view that the Registrant’s conduct demonstrates a failure to understand and fulfil his ethical obligations while engaging in acts for the purposes of financial gain and self interest.

The Panel observed 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 oneself. The Panel relayed its trust that the completion of the remediation ordered will better equip the Registrant to make more thoughtful and professional decisions in his future practice and will provide him with an opportunity to remediate his misconduct.

The Panel expects that the Registrant will not appear before a panel of the Discipline Committee again.

• Failed to keep records as required respecting his patients and/his practice with respect to one or more of certain identified drugs and/or products;
• Falsified a record relating to his patients and/or his practice with respect to one or more of certain identified drugs and/or products;
• Signed or issued, in his professional capacity, a document he knew and/or ought to have known contained a false and misleading statement with respect to one or more of certain identified drugs and/or products;
• Submitted or permitted, consented to or approved, expressly or by implication, the submissions of an account or charge for 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
• Charged, or issued charges, for products that were never dispensed to patients with respect to one or more of certain identified drugs and/or products.

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 and/or his practice;
• Falsified a record relating to his patients and/or his practice;
• Signed or issued, in his professional capacity, a document that he knew and/or ought to have known contained a false or misleading statement;
• Submitted or permitted, consented to or approved, expressly or by implication, the submissions of an account or charge for products that he knew and/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 10 months with 1 month to be remitted on the condition that the Registrant completes the remedial training specified in subparagraph 3(a) within 12 months of the date of the Order. The suspension shall commence on September 15, 2022 and shall continue without interruption until June 14, 2023, 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), that portion of the suspension shall commence on September 13, 2023, and continue until October 12, 2023, 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:

i. the ProBE Program on professional/problem-based ethics for healthcare professionals offered by the Centre for Personalized Education for Physicians; and

ii. the Ontario College of Pharmacists’ Online Designated Manager e-Learning module.

b. For a period of three (3) years from the date of this Order, the Registrant 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;

c. For a period of three (3) years from the date of this Order, the Registrant shall only engage in the practice of pharmacy for an employer who agrees to confirm to the College the nature of the Registrant’s remuneration;

d. For a period of three (3) years from the date of this Order, the Registrant shall be prohibited from acting as a Designated Manager in any pharmacy;

e. For a period of two (2) years from the date of this Order, the Registrant 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;

f. For a period of two (2) years from the date of this Order, the Registrant shall provide his pharmacy employer with a copy of the Discipline Committee Panel’s decision in this matter and its Order; and

g. For a period of two (2) years from the date of this Order, the Registrant 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(f).

4. Costs to the College in the amount of $12,500.00.

In its reprimand, the Panel noted that the profession of pharmacy is held in high regard by the public for the role that pharmacists play in the provision of healthcare in Ontario. Integrity and trust are paramount to the profession.

The Panel observed that the Registrant admitted to breaching the standards of practice and failing to maintain the responsibilities and obligations expected of him as a member of the profession. He failed in his duties as a Designated Manager in that he falsified records and submitted charges for products and services that were false or misleading.

The Panel pointed out that the Registrant misused public funds. He violated the trust that the public holds in this profession. His conduct involved significant elements of moral failing and dishonesty.

The Panel expressed its expectation that the Registrant will take this opportunity to reflect on his actions and complete the required remediation, which the Panel trusts will better equip him to make more thoughtful and professional decisions in his future practice, and that he will not appear before a panel of the Discipline Committee again.

• On or about September 14, 2017, he committed Sexual Assault, contrary to section 271 of the Criminal Code of Canada, for which he was found criminally guilty on March 6, 2019.

In particular, the Panel found that he:

• Has been found guilty of an offence that is relevant to his suitability to practice;
• Engaged in conduct that is unbecoming a member.

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 six (6) months with one (1) month to be remitted on the condition that the Registrant completes the mentorship program specified in subparagraph 3(a) and 3(b) within eighteen (18) months of the date of the Order. The suspension shall commence on September 16, 2022, and shall continue without interruption until February 15, 2023, 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), that portion of the suspension shall commence on March 17, 2024, and continue until April 16, 2024, inclusive.

3. That the Registrar is directed to impose specified terms, conditions or limitations on the Registrant’s certificate of registration, and in particular:

a. That the Registrant shall successfully complete, at his own expense and within twelve (12) months of the date of this Order, the ProBE Program on Professional/Problem Based Ethics for healthcare professionals, with an unconditional pass;

b. That the Registrant shall successfully complete, at his own expense and within eighteen (18) months of the date of this Order, 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 raised by the facts and findings of professional misconduct in this case (the “Siskind Course”). The Siskind Course shall be commenced following successful completion of the ProBE program. The following terms shall apply to the Siskind Course:

i. the number of sessions shall be at the discretion of the consultant, but shall be a minimum of two (2) meetings and a maximum of three (3) meetings;

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. the Registrant shall provide to the consultant the following documents, in advance of the Siskind Course, to facilitate the design of the Siskind Course:

1. his essay and any and all evaluations from the ProBE program;

2. the Notice of Hearing;

3. the Agreed Statement of Facts;

4. this Joint Submission on Order; and

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

iv. successful completion of the course will include completion of an essay, acceptable to the Registrar, addressing the issues raised in this matter; and

v. the consultant shall agree to confirm to the College once the Member has completed the Siskind Course to the satisfaction of the consultant.

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

In its reprimand, the Panel noted that the profession of pharmacy is a noble profession. Pharmacists are expected to act ethically, with integrity, and in accordance with all applicable laws and policies. The Panel observed that the Registrant failed to do so.

The Panel relayed that although the Registrant’s behaviour did not occur in the workplace, pharmacists are expected to behave professionally at all times, whether within the workplace or outside of it.

The Panel indicated that the Registrant’s conduct was found to be most shameful. It is among the most serious conduct a member of this College may commit. If the conduct had occurred anytime after May of 2018, automatic revocation would have occurred. The Panel observed that the Registrant’s actions have caused severe distress to a vulnerable member of the public who is now traumatized.

The Panel observed that, as a self-regulated profession, there is a responsibility to ensure that the public is adequately protected, and to maintain the public’s confidence in the ability to govern our members. The Order includes two different types of ethics courses which hopefully provide further insight into the Registrant’s actions.

The Panel expressed its hope that the Registrant has learned from this shameful experience and will change his ways, and that this first time before the Discipline Committee will be his last.

(a) false or unsubstantiated claims submitted to the Ontario Drug Benefit Program (“ODB”) from Elgin Mills and Jennas totalling approximately $130,000 for the 12 drug and other identified health products, in or about November 2013-October 2015; and/or

(b) improper claims submitted to the ODB from Elgin Mills for:

(i) extemporaneous preparations that did not meet the criteria for reimbursement in relation to certain identified prescriptions, in or about May 2011-October 2015;

(ii) products in package sizes not listed in the ODB Formulary in relation to certain identified prescriptions, in or about August 2010-October 2015;

(iii) Limited Use Products that did not meet the criteria for reimbursement in relation to certain identified prescriptions, in or about June 2014-October 2015;

(iv) products for patients for whom the ODB eligibility cards were not retained as required in relation to certain identified prescriptions, in or about April 2014-August 2015;

(v) No Substitution Products for patients for whom the Health Canada Vigilance Reporting Forms were not retained as required in relation to certain identified prescriptions, in or about January 2014-August 2015;

(vi) Nutritional Supplements for patients for whom the Nutritional Product Forms were not retained as required in relation to certain identified prescriptions, in or about November 2013-October 2015;

(vii) Nutritional Products for patients who did not meet the criteria for reimbursement in relation to certain identified prescriptions, in or about December 2014-May 2015; and/or

(viii) MedsCheck reviews that did not meet the criteria for reimbursement in relation to certain identified prescriptions, in or about May 2014-April 2015.

In particular, it is alleged that he

• Failed to maintain a standard of practice of the profession
• Failed to keep records as required respecting his patients
• 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
• Charged a fee that was excessive in relation to the service provided
• 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, sections 5, 6 and/or 15 of the Ontario Drug Benefit Act, R.S.O. 1990, C.0.10, as amended, and/or section 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 as disgraceful, dishonourable or unprofessional

Mr. Darani entered into an Acknowledgment and Undertaking while a discipline hearing into the allegations of professional misconduct against him was pending before the Discipline Committee, by which he agreed to permanently resign as a member of the College and to no longer have any proprietary interest in any pharmacy.

The College and Mr. Darani made a joint submission to the Discipline Committee to stay the allegations of professional misconduct against Mr. Darani. On the basis of the Acknowledgment and Undertaking, the Discipline Committee accepted the submissions of the parties and issued an order dated September 14, 2022, staying the allegations against Mr. Darani.

Referral 1:

The Panel found that the Registrant, while being a pharmacist and/or Designated Manager at Dufferin Central Pharmacy (the “Pharmacy”) and/or while being a director and/or shareholder of the corporation that owns and operates the Pharmacy, committed professional misconduct in that he submitted false or unsubstantiated claims for one or more of certain identified products from on or about January 1, 2018 to on or about December 31, 2018.

In particular, the Panel found that he:

• Failed to maintain a standard of practice of the profession;
• Falsified records relating to his practice or a person’s health record;
• Signed or issued, in his professional capacity, documents that he knew or ought to have known contained false or misleading statements;
• Submitted an account or charge for services or products that he knew or ought to have known were 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.

Referral 2:

The Panel found that the Registrant, while being a pharmacist and/or Designated Manager at Dufferin Central Pharmacy in Toronto (the “Pharmacy”) and/or while being a director and/or shareholder of the corporation that owns and operates the Pharmacy, committed professional misconduct in that he submitted false or unsubstantiated claims for one or more of certain identified products from on or about August 1, 2018 to on or about July 31, 2020.

In particular, the Panel found that he:

• Failed to maintain a standard of practice of the profession;
• Falsified records relating to his practice or a person’s health record;
• Signed or issued, in his professional capacity, documents that he knew or ought to have known contained false or misleading statements;
• Submitted an account or charge for services or products that he knew or ought to have known were false or misleading;
• Contravened the 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, contrary to paragraph 23 of subsection 2(1) of Ontario Regulation 130/17, and in particular he contravened section 15(1)(b) of the Ontario Drug Benefit Act;
• 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. That the Registrar is directed to impose specified terms, conditions or limitations on the Registrant’s Certificate of Registration, and in particular:

a. The Registrant shall successfully complete, at his own expense and within twelve (12) months of the date of the Order, the ProBE Program on Professional / Problem Based Ethics for Healthcare Professionals, with an unconditional pass;

b. The Registrant shall be prohibited from acting as Designated Manager in any pharmacy for five (5) years from the date of this Order, and continuing thereafter until such time as the Registrant successfully completes, at his 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 his own expense, a mentor acceptable to 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 role and responsibilities of a Designated Manager arising from this matter;

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; or

4. 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 remediation required;

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

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. Such report shall include, but is not limited to:

1. the learning plan; and

2. the mentor’s assessment of the Registrant’s success in meeting the goals of the learning plan.

c. The Registrant shall be prohibited from having any proprietary interest in a pharmacy as a sole proprietor or partner, or director or shareholder in a corporation that owns a pharmacy (excepting only that he may be permitted to own shares in a publicly traded corporation that has an interest in a pharmacy), or in any other capacity for five (5) years from the date of this Order;

d. 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 acting as Director or voting as a shareholder in any corporation operating a pharmacy for five (5) years from the date of this Order;

3. That the Registrar suspend the Registrant’s Certificate of Registration for a period of fifteen (15) months, with one (1) month of the suspension to be remitted on condition that the Registrant complete the remedial training as specified in subparagraph 2(a) above. The suspension shall commence on September 23, 2022, and shall continue until November 22, 2023, inclusive. If the remitted portion of the suspension is required to be served by the Registrant because he fails to complete the remedial requirements specified in subparagraph 2(a) above, that portion of the suspension shall commence on November 23, 2023, and shall continue until December 22, 2023, inclusive. If the time for completing the remedial steps in subparagraph 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.

4. Costs to the College in the amount of $12,500.00.

In its reprimand, the Panel noted that the Registrant’s actions demonstrated poor judgement and a disregard for the regulatory framework. His conduct involved significant elements of moral failing and dishonesty. The nature and seriousness of his misconduct casts doubt on his moral fitness and his ability to discharge the duties and obligations the public expects of a member of this College.

The Panel expressed its view that the Registrant’s actions were deplorable. As a long-standing member of the College, he should have known better. The Panel observed that the volume of unsubstantiated claims over a prolonged period of many months, which amounted to over $660,000, is an example of the Registrant’s disregard for the trust that has been placed on him by the public and the profession.

The Panel indicated that the practice of pharmacy is a privilege, which carries with it significant obligations to the public, the profession, and oneself. The result of the Registrant’s professional misconduct is that he has eroded the public trust in the profession and cast a shadow over his own integrity.

The Panel explained that, in the future, the Registrant is expected to practice pharmacy within the standards of this profession. The Panel expressed its trust that the Registrant will take this opportunity to reflect on his actions and complete the required remediation, and that he will change the way he practices and will not appear again in front a panel of the Discipline Committee.

• Participated in the diversion and/or misappropriation of influenza vaccines to the Pharmacy;
• Administered influenza vaccinations for which there was a potential break in the cold chain and/or which may have been compromised;
• Stored and/or administered influenza vaccinations in an unsafe location or manner;
• Suggested and/or offered to falsify influenza vaccination records and/or patient records; and/or
• Practiced the profession while in a conflict of interest and/or participated in an arrangement that constitutes a conflict of interest.

In particular, the Panel found that the Registrant:

• Failed to maintain a standard of practice of the profession;
• Practiced the profession while in a conflict of interest and/or participated in an arrangement that constitutes a conflict of interest;
• 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 5 months, with 1 month to be remitted on the condition that the Registrant successfully completes the remedial training as specified in paragraphs 3(b) and 3(c) below. The suspension shall commence on January 30, 2023 and shall continue without interruption until May 29, 2023, inclusive. If the remitted portion of the suspension is required to be served by the Registrant because he fails to complete the remedial requirements specified in paragraphs 3(b) and 3(c), that portion of the suspension shall commence on November 1, 2023, and shall continue until November 30, 2023, inclusive. If the time for completing the remedial steps in paragraphs 3(b) and 3(c) is extended by the Registrar, the date on which the remitted portion of the suspension shall commence, if required, shall be adjusted accordingly;

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

a. the Registrant shall be prohibited from acting as a Designated Manager in any pharmacy from the date of this Order until he has completed the remedial training specified in subparagraphs 3(b). The Registrant shall additionally be prohibited from acting as Designated Manager in any pharmacy from December 22, 2022 until he has completed the remedial training specified in subparagraph 3(c);

b. The Registrant shall successfully complete, within 12 months of the date of this Order, the College’s Designated Manager e-Learning Module, or provide evidence satisfactory to the College that he has completed this e-Learning Module within the 12 months prior to the date of this Order;

c. The Registrant shall successfully complete, within 12 months of the date of this Order, 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, or provide evidence satisfactory to the College that he has completed this course within the 12 months prior to the date o:f this Order; the following terms apply to the course:

i. the number of sessions shall be at the discretion of the consultant, but shall be a minimum of 3;

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 Registrant and the consultant, but shall ultimately be at the discretion of the consultant;

iii. the consultant shall be supplied with the Notice of Hearing as well as the Agreed Statement of Facts, Joint Submission as to Order and the Decision and Reasons of the Discipline Committee to assist with structuring the course should they become available before the course is completed;

iv. successful completion of the course will include completion of an essay, acceptable to the Registrar, addressing the issues arising in this matter, including but not limited to conflicts of interest and. improper transfers of medications;

v. the essay shall be at least 1000 words in length. The Registrant 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;

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

4. Costs to the College in the amount of $6,000.00.

In its reprimand, the Panel noted that the Registrant participated in the misappropriation of influenza vaccines. He administered influenza vaccinations to his patients with vaccine that may have been compromised. He suggested or offered to falsify patient influenza vaccination records. In all of this, he acted while he was in a clear conflict of interest. He engaged in this misconduct by entering into an arrangement with a family member and his actions were in conflict with his ethical duties as a pharmacist.

The Panel indicated that, as the Designated Manager of the Pharmacy, and as the sole Director and a shareholder, the Registrant should have known better. Practising pharmacy is a privilege granted to those who possess the knowledge, skill, and judgement to practice safety, ethically, and professionally, which the Registrant has failed to demonstrate.

The Panel expressed its view that the Registrant must reflect on his misconduct, remediate his practice, and learn from this shameful experience. The Panel relayed its hope that the Registrant never again appear before a panel of this Discipline Committee.

• Removed without authority and/or misappropriated influenza vaccines from the Pharmacy;
• Participated in the unauthorized transport, storage and/or administration of influenza vaccinations;
• Participated in the transport of influenza vaccinations in a manner that had the potential to break the cold chain and/or compromise the safety and/or the efficacy of influenza vaccinations;
• Suggested and/or offered to falsify influenza vaccination records and/or patient records;
• Delayed, limited and/or restricted her patients’ access to influenza vaccinations; and/or
• Acted in a conflict of interest with respect to influenza vaccinations.

In particular, the Panel found that the Registrant:

• Failed to maintain a standard of practice of the profession;
• Practiced the profession while in a conflict of interest and/or participated in an arrangement that constitutes a conflict;
• 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 5 months, with 1 month to be remitted on the condition that the Registrant successfully completes the remedial training as specified in paragraphs 3(b) and 3(c) below. The suspension shall commence on September 30, 2022 and shall continue without interruption until January 29, 2023, inclusive. If the remitted portion of the suspension is required to be served by the Registrant because she fails to complete the remedial requirements specified in paragraphs 3(b) and 3(c), that portion of the suspension shall commence on October 1, 2023, and shall continue until October 31, 2023, inclusive. If the time for completing the remedial steps in paragraphs 3(b) and 3(c) is extended by the Registrar, the date on which the remitted portion of the suspension shall commence, if required, shall be adjusted accordingly;

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

a. the Registrant shall be prohibited from acting as a Designated Manager in any pharmacy from the date of this Order until she has completed the remedial training specified in subparagraphs 3(b) and 3(c);

b. The Registrant shall successfully complete, within 12 months of the date of this Order, the College’s Designated Manager e-Learning Module, or provide evidence satisfactory to the College that she has completed this e-Learning Module within the 12 months prior to the date of this Order;

c. The Registrant shall successfully complete, within 12 months of the date of this Order, 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, or provide evidence satisfactory to the College that she has completed this course within the 12 months prior to the date of this Order; the following terms apply to the course:

i. the number of sessions shall be at the discretion of the consultant, but shall be a minimum of 3;

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 Registrant and the consultant, but shall ultimately be at the discretion of the consultant;

iii. the consultant shall be supplied with the Notice of Hearing as well as the Agreed Statement of Facts, Joint Submission as to Order and the Decision and Reasons of the Discipline Committee to assist with structuring the course should they become available before the course is completed;

iv. successful completion of the course will include completion of an essay, acceptable to the Registrar, addressing the issues arising in this matter, including but not limited to conflicts of interest and improper transfers of medications;

v. the essay shall be at least 1000 words in length. The Registrant 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;

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

4. Costs to the College in the amount of $6,000.00.

In its reprimand, the Panel noted that the Registrant’s conduct was completely unacceptable.

She misappropriated influenza vaccines from the pharmacy where she worked and transported them in a way that potentially broke the cold chain or compromised vaccine efficacy. She suggested falsifying influenza vaccination records; by her actions, she put at risk her patients’ access to influenza vaccinations.

The Panel observed that the Registrant’s misconduct put her employer’s pharmacy in jeopardy with the Ministry of Health’s Universal Influenza Immunization Program. She acted while she was in a conflict of interest; she performed this serious misconduct in an arrangement with a family member.

The Panel explained that practising pharmacy is a privilege, not a right. Practising pharmacy carries with it significant obligations for patients, the profession and oneself. The Registrant’s misconduct erodes public trust in the profession and casts a shadow over her suitability to practise. She failed in her professional and ethical duties.

The Panel expressed its view that the Registrant must reflect on her misconduct, change her ways, learn from this shameful experience, and resolve to never again appear before this Discipline Committee.

In particular, the Panel found that the Registrant:

• Failed to maintain a standard of practice of the profession;
• Falsified records relating to his practice or a person’s health record;
• Signed or issued, in his professional capacity, documents that he knew or ought to have known contained false or misleading statements;
• Submitted an account or charge for services and products that he knew 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. That the Registrar is directed to impose specified terms, conditions or limitations on the Registrant’s Certificate of Registration, and in particular:

a. The Registrant shall successfully complete within twelve (12) months of the date of the Order, a course with Gail E. Siskind Consulting Services, or another professional ethics consultant approved by the College, to address the professional misconduct arising from this matter, to be designed by the consultant. The following terms shall apply to the course:

i. The number of sessions shall be at the discretion of the consultant, but shall be no fewer than three;

ii. The manner of attendance at the sessions (e.g., in person, via Sykpe, 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 the following documents, in advance of the course, to facilitate the design of the course:

1. A copy of the Notice of Hearing

2. A copy of the Agreed Statement of Facts and Joint Submission on Order

3. A copy of the Panel’s Decision and Reasons

v. Successful completion of the course includes completion of an essay acceptable to the Registrar, which essay shall address the professional misconduct issues arising in this case;

vi. The essay shall be at least 1,000 words in length and the Registrant shall be responsible for the cost of the essay’s review by the consultant to assist the Registrar to determine whether the essay is acceptable, up to a maximum of $500; and

vii. The Registrant shall direct the consultant to report the results of the ethics course to the College, which report shall be made no later than twelve (12) months from the date this Order becomes final, to confirm that the Registrant completed the course to the consultant’s satisfaction.

b. that for a period of three years from the date this Order becomes final, the Registrant shall be prohibited from

i. having any proprietary interest in a pharmacy as a sole proprietor or partner, or director or shareholder in a corporation that owns a pharmacy (excepting only that he may be permitted to own shares in a publicly traded corporation that has an interest in a pharmacy), or in any other capacity;

ii. 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; and

iii. acting as a Designated Manager in any pharmacy.

3. That the Registrar suspend the Registrant’s Certificate of Registration for a period of thirteen (13) months, with one (1) month of the suspension to be remitted on condition that the Registrant complete the remedial training as specified in subparagraph 2(a) above. The suspension shall commence on October 5, 2022, and shall continue until October 4, 2023, inclusive. If the remitted portion of the suspension is required to be served by the Registrant because he fails to complete the remedial requirements specified in subparagraph 2(a), above, that portion of the suspension shall commence on October 5, 2023, and shall continue until November 4, 2023, inclusive. If the time for completing the remedial steps in subparagraph 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.

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

In its reprimand, the Panel noted that the Registrant engaged in conduct that is all of disgraceful, dishonourable, and unprofessional. He engaged in professional misconduct by failing to maintain the standards of practice of the profession, and by contravening provincial laws and regulations.

The Panel observed that the Registrant failed in his responsibilities as the owner and Designated Manager of the Pharmacy, and failed to maintain the high standards required and demanded by the public and the profession.

The Panel expressed its view that the Registrant’s conduct was unacceptable and casts serious doubt on his fitness to practice the profession. The Panel emphasized that he must change his ways, learn from this experience, and commit to not having to appear before this Discipline Committee for the third time.

In particular, the Panel found that the Registrant:

• Failed to maintain a standard of practice of the profession;
• Submitted an account or charge for services or products that he knew or ought to know 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 dishonourable or 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 Registrant’s Certificate of Registration, and in particular:

a. The Registrant shall successfully complete within twelve (12) months of the date of the Order, a course with Gail E. Siskind Consulting Services, or another professional ethics consultant approved by the College, to address the professional misconduct arising from this matter, to be designed by the consultant. The following terms shall apply to the course:

i. The number of sessions shall be at the discretion of the consultant, but shall be no fewer than three;

ii. The manner of attendance at the sessions (e.g., in person, via videoconference, 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 the following documents, in advance of the course, to facilitate the design of the course:

i. A copy of the Notice of Hearing, the Agreed Statement of Facts, and this Joint Submission on Order, or

ii. A copy of the Panel’s Decision and Reasons, once available.

v. Successful completion of the course includes completion of an essay acceptable to the Registrar, which essay shall address the professional misconduct issues arising in this case;

vi. The essay shall be at least 1,000 words in length and the Registrant shall be responsible for the cost of the essay’s review by the consultant to assist the Registrar to determine whether the essay is acceptable, up to a maximum of $500; and

vii. The Registrant shall direct the consultant to report the results of the ethics course to the College, which report shall be made no later than twelve (12) months from the date this Order becomes final, to confirm that the Registrant completed the course to the consultant’s satisfaction.

b. The Registrant shall successfully complete, at his own expense and within twelve (12) months of the date of the Order, the Ontario College of Pharmacists’ online Designated Manager Module;

c. The Registrant shall be prohibited from acting as Designated Manager in any pharmacy, effective on the date of this Order, until such time as the Registrant has successfully completed the remedial training as specified in paragraph 2(b) above.

3. That the Registrar suspend the Registrant’s Certificate of Registration for a period of two (2) months, with one (1) month of the suspension to be remitted on condition that the Registrant complete the remedial training as specified in subparagraphs 2(a) and 2(b) above. The suspension shall commence on October 17, 2022, and shall continue until November 16, 2022, inclusive. If the remitted portion of the suspension is required to be served by the Registrant because he fails to complete the remedial requirements specified in subparagraphs 2(a) and/or 2(b) above, that portion of the suspension shall commence on October 17, 2023, and shall continue until November 16, 2023, inclusive. If the time for completing the remedial steps in subparagraphs 2(a) and/or 2(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.

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 the Registrant failed in his duties as a Designated Manager, in that it was his responsibility to ensure accurate inventory management, as well as the proper implementation of any new programs and initiatives.

The Panel expressed its expectation that the Registrant, as a pharmacist, will always have the best interest of the public and patients as his priority. The Panel accepted that the remediation the Registrant has already undertaken is a positive first step. The professional ethics course will better equip him to make more thoughtful and professional decisions in his future practice. The Panel shared its expectation that he will not appear before a panel of the Discipline Committee again.