Discipline Decisions (Summer 2019)


Shohreh Torabi (OCP #204608)

At a hearing on May 2, 2019, a Panel of the Discipline Committee made findings of professional misconduct against Ms. Torabi with respect to the following incidents:

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  • Between about November 1, 2011 and October 31, 2013, she submitted (or permitted, consented to or approved, expressly or impliedly, the submission of) charges for certain identified drugs and/or products that were not dispensed;
  • Between about November 1, 2011 and October 31, 2013, she created (or permitted, consented to or approved, expressly or impliedly, the creation of) false and/or misleading pharmacy records documenting the dispensing of certain identified drugs and/or products that were not dispensed;
  • Between about November 1, 2011 and October 31, 2013, she failed to maintain the records required to be maintained by s. 29 of O. Reg. 201/96, made under the Ontario Drug Benefit Act, RSO 1990, c O.10, with respect to certain identified transactions;
  • She falsified records relating to her practice, with respect to certain identified records and/or transactions; and
  • Between about November 1, 2011 and October 31, 2013, she contravened ss. 5, 6, and/or 15(1)(b) of the Ontario Drug Benefits Act, R.S.O. 1990, c. O.10, as amended, when she submitted (or permitted, consented to or approved, expressly or impliedly, the submission of) certain identified claims for payment to the Ontario Drug Benefit Program where the executive officer was not required to make any payment or where the claim was in excess of the amount the executive officer is required to pay.

In particular, the Panel found that she

  • Failed to maintain a standard of practice of the profession
  • Failed to keep records as required with respect to her patients
  • Falsified a record relating to her practice
  • Submitted an account or charge for services that she knew was false or misleading
  • 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:
    • ss. 5, 6, and/or 15(1)(b) of the Ontario Drug Benefits Act, R.S.O. 1990, c. O.10, as amended
    • s. 29 of O. Reg. 201/96, made under the Ontario Drug Benefit Act, RSO 1990, c O.10
  • Permitted, consented to or approved, either expressly or by implication, the commission of an offence against an Act relating to the practice of pharmacy or to the sale of drugs by a corporation of which she was a director, and in particular
    • ss. 5, 6, and/or 15(1)(b) of the Ontario Drug Benefits Act, R.S.O. 1990, c. O.10
    • s. 29 of O. Reg. 201/96, made under the Ontario Drug Benefit Act, RSO 1990, c O.10
  • 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, which included:

1. A reprimand

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

(a) that the Member complete successfully, with an unconditional pass, at her own expense and within twelve (12) months of the date of this Order, the ProBE Program on Professional/Problem Based Ethics offered by the Center for Personalized Education for Professionals; and,

(b) that the Member shall be prohibited, for a period of three (3) years from the date of this Order, from

i. acting as a Designated Manager for any pharmacy;

ii. 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 she may be permitted to own shares in a publicly traded corporation that has an interest in a pharmacy), or in any other capacity; and

iii. receiving any remuneration for her work as a pharmacist, 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,

(c) that for a period of three (3) years from the date of this Order:

i. the Member shall notify the College in writing of any employment in a pharmacy, which notification shall include the name and address of the pharmacy employer and the date on which the Member began or is to begin employment, within fourteen (14) days of commencing such employment; and

ii. the Member shall provide to all pharmacy employers:

1. the Notice of Hearing in this matter;
2. this Joint Submission on Order; and/or
3. the Panel’s reasons for decision in this matter, when available; and

iii. the Member 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 fourteen (14) days of the Member commencing employment at the pharmacy, that the Designated Manager has received and reviewed a copy of the materials set out above in paragraph 2(c)(ii), above, before the Member commenced employment, and confirming the nature of her remuneration.

3. That the Registrar suspend the Member’s Certificate of Registration for a period of fourteen (14) months, with two (2) months of the suspension to be remitted on condition that the Member complete the remedial training as specified in paragraph 2(a). The suspension shall commence on May 2, 2019, and shall continue until May 1, 2020, inclusive. If the remitted portion of the suspension is required to be served by the Member because she fails to complete the remedial requirement specified in paragraph 2(a), that portion of the suspension shall commence on May 2, 2020, and shall continue until July 1, 2020, inclusive. If the time for completing the remedial steps in paragraph 2(a), above, is extended by the Registrar, the date on which the remitted portion of the suspension shall commence, if required, shall be adjusted accordingly.

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

In its reprimand, the Panel noted that it was dismayed by the facts presented. The Panel observed that integrity and trust are paramount to the pharmacy profession, and that the public holds pharmacists in high esteem for the role they play in the provision of healthcare in Ontario.

The Panel observed that the Member’s personal needs were put ahead of the trust of her patients, and that she took advantage of her position in society. Her decision to defraud the public purse was deliberate. Such conduct significantly impacts the profession and its ability to provide healthcare to the most vulnerable patients. Ultimately, the Member’s actions jeopardized the public’s trust in all pharmacists. The Panel indicated that she has betrayed the people of Ontario.

As the Member desires to practice pharmacy again, the Panel expressed its expectation that she will complete restitution to society and to the membership as a whole through remediation and reflection on her actions.


Sameh Sadek (OCP #610938)

Following a hearing held on February 21, 2019, a Panel of the Discipline Committee made findings of professional misconduct against Mr. Sadek in a decision dated May 3, 2019, with respect to the following incidents:

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  • Between about August 1, 2014 and December 31, 2015, he submitted charges to the Ontario Drug Benefit Program for certain identified drugs and/or products that he did not dispense;
  • Between about August 1, 2014 and December 31, 2015, he created false and/or misleading pharmacy records documenting the dispensing of certain identified drugs and/or products that he did not dispense

In particular, the Panel found that he

  • Failed to maintain a standard of practice of the profession
  • Falsified a record relating to his practice
  • Submitted an account or charge for services that he knew was false or misleading
  • 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, he contravened s. 15(1)(b) of the Ontario Drug Benefit Act, R.S.O. 1990, c. O.10
  • Permitted, consented to or approved, either expressly or by implication, the commission of an offence against an Act relating to the practice of pharmacy or to the sale of drugs by a corporation of which he was a director
  • 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, which included:

1. A reprimand

2. Directing the Registrar to suspend the Member’s certificate of registration for a period of 8 months, with 1 month of the suspension to be remitted on condition that the Member complete the remedial training specified below in paragraph 3(a); the suspension shall commence on the date that the Member obtains an active certificate of registration and shall continue for 7 months, without interruption; if the remitted portion of the suspension is required to be served, then the remitted portion of the suspension shall commence on the date that is 12 months from the date that the Member obtains an active certificate of registration, without interruption;

3. Directing the Registrar to impose specified terms, conditions or limitations on the Member’s certificate of registration, effective on the date that the Member obtains an active certificate of registration, as follows:

a. the Member must successfully complete with an unconditional pass, at his own expense and within 12 months of the date that he obtains an active certificate of registration, the ProBE Program on professional / problem-based ethics for health care professionals offered by the Centre for Personalized Education for Physicians;

b. for a period of 5 years from the date that he obtains an active certificate of registration, the Member shall be prohibited from:

i. having a proprietary interest of any kind in a pharmacy;
ii. acting as a Designated Manager in any pharmacy; and
iii. receiving any remuneration for his work as a pharmacist other than remuneration based on hourly or weekly rates only;

c. for a period of 2 years from the date that he obtains an active certificate of registration, the Member shall:

i. be required to notify the College in writing of the name(s), address(es) and telephone number(s) of all pharmacy employer(s) within fourteen days of commencing employment in a pharmacy;
ii. provide his pharmacy employer(s) with a copy of the Discipline Committee Panel’s decision in this matter and its Order; and
iii. only engage in the practice of pharmacy for an employer who agrees to write to the College within fourteen days of the Member’s commencing employment, confirming that it has received a copy of the required documents identified above, and confirming the nature of the Member’s remuneration.

4. Costs to the College in the amount of $42,940.00.

In its reprimand, the Panel noted that, as a pharmacist, Mr. Sadek was a member of a highly respected profession within the healthcare system and community at large. The public expects pharmacists to act with integrity and trust.
In addition, pharmacists have an accountability to the Ontario Drug Benefit Program for submitting valid claims.

The Panel observed that Mr. Sadek acknowledged his responsibility, in that his pharmacy submitted unsubstantiated billings to the Ontario Drug Benefit Program for drugs that were not dispensed. As a Director, Shareholder, and Designated Manager of the pharmacy, Mr. Sadek was required to ensure the accuracy of claims to the Ontario Drug Benefit Program, which depends on trust and integrity.

The Panel expressed its disappointment in this type of conduct, and its hope that Mr. Sadek will not appear before a panel of the Discipline Committee of the College of Pharmacists in the future.


Ashit Shihora (OCP #109452)

At a hearing on May 16, 2019, a Panel of the Discipline Committee made findings of professional misconduct against Mr. Shihora in that he:

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  • Failed to maintain appropriate professional boundaries with Patient A
  • Practised the profession while his ability to do so was impaired or adversely affected by any substance or condition
  • Dispensed, sold, administered, gave, transported or transferred one or more of certain identified narcotic or controlled drugs that had not been prescribed
  • Trafficked (as that term is defined in the Controlled Drugs and Substances Act, S.C. 1996, c. 19) one or more of certain identified narcotics and/or controlled drugs
  • Failed to ensure that a physical count and reconciliation of all narcotics, controlled drugs and targeted substances was conducted regularly at the Pharmacy and at least once every six months and ensure that the results of the inventory count were retained in the Pharmacy’s records in a readily retrievable format
  • Failed to protect one or more of certain identified narcotics and controlled substances against loss or theft
  • Failed to ensure that certain identified drugs listed on destructions records were destroyed.

In particular, the Panel found that he

  • Failed to maintain a standard of practice of the profession
  • Dispensed or sold drugs for an improper purpose
  • Contravened the Pharmacy Act, 1991, the Drug and Pharmacies Regulation Act, the Regulated Health Professions Act, 1991, or the regulations under those Acts, and in particular, section 155 of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c. H.4, as amended
  • Contravened a federal or provincial law or municipal by-law with respect to the distribution, sale or dispensing of any drug or mixture of drugs, and in particular, sections C.01.041 and/or G.03.002 of the Food and Drug Regulations, C.R.C., c. 870, as amended; sections 4 and/or 5 of the Controlled Drugs and Substances Act, S.C. 1996, c. 19, as amended; and section 31 and/or 43 of the Narcotic Control Regulations, C.R.C., c.1041, as amended
  • Engaged in conduct or performed an act relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable and unprofessional

The Panel imposed an Order, which included:

1. A reprimand

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

a. the Member must successfully complete with an unconditional pass, at his own expense and within twelve (12) months of the date that this Order becomes final, the ProBE Program offered by the Centre for Personalized Education for Physicians;

b. Within 12 months of the completion of the ProBE program, the Member must successfully complete a course with Gail E. Siskind Consulting Services, or another professional ethics consultant acceptable to the College, to be designed by the consultant, with the purpose of addressing the professional misconduct issues raised in this case; the following terms shall apply to the course:

i. the number of sessions shall be at the discretion of the consultant, 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 Member and the consultant, but shall ultimately be at the discretion of the consultant;
iii. the Member shall provide to the consultant his evaluation from the ProBE course, and any essay he completed as part of that course, and discuss with the consultant the issues arising from that course;
iv. the Member shall be responsible for the cost of the course;
v. The Member shall direct the consultant to confirm to the College once the Member has completed the course to the satisfaction of the consultant

c. Within 6 months of the Member’s return to practice, the Member must successfully obtain, at his own expense, instruction from a practice mentor acceptable to the College regarding comprehensive reconciliation reports for narcotics and other controlled drugs, following a review by the Member of written materials to be identified by the College. The following terms apply to the mentorship:

i. meet at least five (5) times with the practice mentor, at a place to be determined by the practice mentor, for the purpose of reviewing the Member’s practice with respect to comprehensive reconciliations of narcotics and other controlled drugs;

ii. provide the practice mentor with the following documents related to this proceeding:

1. the Notice of Hearing;
2. the Agreed Statement of Facts;
3. the Joint Submission on Order; and
4. the Panel’s Decision and Reasons, if and when available.

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

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

v. direct the practice mentor reports the results of the mentorship program to the College

d. following the successful completion of the mentorship set out in paragraph 2(c), above, the Member shall provide to the College comprehensive inventory reconciliations, acceptable to the College, for all narcotics and other controlled substances in his current place of practice, with the first inventory reconciliation to be completed and submitted to the College no later than six (6) months following the successful completion of the mentorship, and each further inventory reconciliation to be performed and submitted to the College at six (6) month intervals, with each inventory reconciliation to cover the six (6) month period preceding the last inventory reconciliation.

The Member may apply to the Registrar to vary or remove this term, condition or limitation after three (3) years from the date of the first reconciliation that is provided to the College. Upon receipt of an application from the Member to vary or remove this term, condition or limitation, the Registrar may request from the Member any other information necessary for the Registrar to assess whether it is in the public interest to remove or vary the term, condition or limitation.

e. for a period of 3 years following the Member’s return to practise, the Member is prohibited from:

i. acting as Designated Manager of any pharmacy; and
ii. being a Narcotic Signer at any pharmacy.

3. Directing the Registrar to suspend the Member’s Certificate for a period of eighteen (18) months. The suspension will be deemed to have commenced one year prior to the date of this Order. Six months of the suspension will be served (“Served Suspension”), starting on the date on which the interim suspension imposed by the ICRC in a decision dated March 8, 2018 is lifted. The Served Suspension will run for five (5) months without interruption. If, by the end of the five months, the Member has completed the remedial training set out in paragraphs 2(a) and 2(b), above, one month of the suspension will be remitted. Otherwise, the Member will immediately serve the remaining month of the Served Suspension.

4. Costs to the College in the amount of $5,000.00.

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

The Panel observed that the Member failed to maintain the responsibilities and obligations expected of him as a member of this profession. He failed to fulfil his duties as a Designated Manager, and failed to live up to the standards expected of him by the profession and the public he serves.

The Panel pointed out that this was not the Member’s first appearance before a discipline panel. This Panel indicated its deep concern for the Member’s disregard of the laws and regulations that govern the profession of pharmacy, and noted that the suspension of the Member’s certificate of registration and the remediation requirements are essential to protect the public and maintain the honour of the profession.

The Panel expressed its expectation that the Member will not appear again before a panel of the Discipline Committee of the Ontario College of Pharmacists.


Rita Jurkuvenas (OCP #52086)

At a hearing on June 4, 2019, a Panel of the Discipline Committee made findings of professional misconduct against Ms. Jurkuvenas, as staff pharmacist and Designated Manager at Torbram Pharmacy (“Pharmacy”) in Brampton, Ontario, with respect to certain identified false or unsubstantiated claims submitted by the Pharmacy to the Ontario Drug Benefit Program totaling approximately $190,000, in or about July 2015-June 2017.

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In particular, the Panel found that she

  • Failed to maintain a standard of practice of the profession
  • Failed to provide an appropriate level of supervision to a person whom she was professionally obligated to supervise
  • Contravened, while engaged in the practice of pharmacy, any 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 and/or 6 of the Ontario Drug Benefit Act, R.S.O. 1990, c.O.10, as amended, and/or section 27 of O.Reg. 201/96, as amended (for conduct up to and including May 4, 2017), and/or
  • Contravened the Pharmacy Act, 1991, the Drug and Pharmacies Regulation Act, the Regulated Health Professions Act, 1991, the Narcotics Safety and Awareness Act, 2010, the Drug Interchangeability Act and Dispensing Fee Act or the Ontario Drug Benefit Act or the regulations under those Acts, and in particular, sections 5 and/or 6 of the Ontario Drug Benefit Act, R.S.O. 1990, c.O.10, as amended, and/or section 27 of O.Reg. 201/96, as amended (for conduct on or after May 5, 2017)
  • 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

The Panel imposed an Order, which included:

1. A reprimand;

2. Directing the Registrar to impose specified terms, conditions or limitations on the Member’s certificate of registration requiring that:

a. the Member shall complete successfully, at her own expense, within twelve (12) months of the date of this Order:

i. the ProBE Program on Professional/Problem Based Ethics for Healthcare Professionals, with an unconditional pass; and
ii. the College’s Jurisprudence seminar and exam;

b. the Member shall be prohibited, for a period of five (5) years from the date of this Order from:

i. acting as the Designated Manager of any pharmacy,
ii. 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 she may be permitted to own shares in a publicly traded corporation that has an interest in a pharmacy), or in any other capacity, and
iii. receiving any remuneration for her 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;

c. the Member shall provide notification to all her 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 Member 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 Member shall provide her 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 Member 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 Member 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 sub-paragraph 2(d)(ii) above.

3. Directing the Registrar to suspend the Member’s Certificate of Registration for a period of six (6) months, with one (1) month of the suspension to be remitted on condition the Member complete the remedial training programs as specified in sub-paragraph 2(a)(i) and (ii) above. The suspension shall commence on June 5, 2019 and continue without interruption until November 4, 2019. If the remitted portion of the suspension has to be served because the Member fails to complete the remedial training programs as specified in sub-paragraph 2(a)(i) and/or (ii) above, the further suspension shall commence on June 5, 2020 and continue without interruption until July 4, 2020, unless the time for completing the remedial steps in sub-paragraph 2(a)(i) and/or (ii) above is extended by the Registrar, in which case, the date the remitted portion of the suspension shall commence, if required, shall be adjusted accordingly.

4. Costs to the College in the amount of $6,500.00.

In its reprimand, the Panel reminded the Member that, as part of the honourable profession of pharmacy, she should understand that integrity and trust are paramount.

The Panel expressed its disappointment with the Member’s failure to maintain the Standards of Practice of the profession. The Panel recognized her admissions and cooperation throughout the discipline process.

The Panel noted that the role of Designated Manager is one of serious responsibility, including the obligation to ensure the entire operation of the pharmacy is overseen in accordance with the College’s Standards of Practice.

The Panel relayed its expectation that the Member has learned from this experience and will not appear before a Panel of the Discipline Committee again.


Yale Pan (OCP #201472)

At a hearing on June 21, 2019, a Panel of the Discipline Committee made findings of professional misconduct against Mr. Pan in that he:

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  • Dispensed the following prescription medications knowing that no valid authorization existed:
    • Lotensin 5 mg, December 31, 2013 (Patient A)
    • Temazepam 30 mg, May 17, 2014 (Patient B)
    • Mestinon 60 mg, December 22, 2014 (Patient B)
    • Temazepam 30 mg, December 22, 2014 (Patient B)
  • Brought pharmacy documents containing patient information home with him and failed to adequately protect patient confidentiality in respect of that information

In particular, the Panel found that he

  • Failed to maintain a standard of practice of the profession
  • Contravened the Pharmacy Act, 1991, the Drug and Pharmacies Regulation Act, the Regulated Health Professions Act, 1991, or the regulations under those Acts, and in particular, section 155 of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c. H.4, as amended
  • 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, which included:

1. A reprimand

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

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

3. Directing the Registrar to suspend the Member’s Certificate for a period of one month, with the entirety of the suspension to be remitted on condition that the Member complete the remedial training as specified in paragraph 2(a). If the remitted portion of the suspension is required to be served by the Member because he fails to complete the remedial training as specified in paragraph 2(a), that portion of the suspension shall commence on June 22, 2020, and shall continue until July 21, 2020, inclusive, unless the time for completing the remedial training in paragraph 2(a), above is extended by the Registrar, in which case, 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 observed that the Member failed in his obligations to adhere to the standards of practice with respect to dispensing without proper authorization. The Panel additionally observed that the Member failed to protect patient confidentiality by bringing pharmacy documents home.

The Panel noted that this conduct may cause the public to mistrust and lose confidence in the profession. The Panel remarked that the Member breached the public trust and in doing so, let down the practice of pharmacy. The Panel remarked that pharmacists are expected to practice to a very high standard, with no exception.

The Panel expressed its hope that the Member has learned from this experience and will never again appear before a panel of the Discipline Committee.


Diep Nguyen (OCP #98949)

At a hearing on July 11, 2019, a Panel of the Discipline Committee made findings of professional misconduct against Mr. Nguyen with respect to the following incidents:

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  • Between at least May 2017 and August 2017, he failed to maintain records sufficient to determine which employees worked at the Pharmacy on which dates;
  • On or about July 22, 2017:
    • he permitted, consented to or approved, either expressly or by implication, the operation of the Pharmacy without a pharmacist present; and/or
    • he permitted, consented to or approved, either expressly or by implication, the sale by a pharmacy assistant of a Schedule II drug; and/or
  • In at least July 2017, he failed to ensure that the Pharmacy had sufficient policies and/or protocols in place to prevent:
    • the operation of the Pharmacy without a pharmacist present; and/or
    • the sale of scheduled drugs by a pharmacy assistant, other than as authorized by the Drug and Pharmacies Regulation Act.

In particular, the Panel found that he

  • Failed to maintain the standards of the profession;
  • Contravened the Drug and Pharmacies Regulation Act;
  • Engaged in conduct relevant to the practice of pharmacy that, having regard to all of the circumstances, would reasonably be regarded by members of the profession as unprofessional.

The Panel imposed an Order, which included:

1. A reprimand

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

a. that he successfully complete, within 12 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, but with the general aim of addressing the professional conduct issues raised by this case. The following terms shall apply to the course:

i. The number of sessions shall be at the discretion of the consultant.
ii. The manner of attendance at the session(s) (e.g. in person, via Skype, etc.) is a matter to be discussed in advance between the Member and the consultant, but shall ultimately be at the discretion of the consultant.
iii. The Member shall be responsible for the cost of the course.
iv. Successful completion of the course will include completion of an essay, acceptable to the Registrar, addressing the objectives of professional regulation and the importance to the public interest of complying with a practitioner’s regulatory obligations, including the professional conduct issues raised by this case.
v. The essay shall be at least 1000 words in length. The Member shall be responsible for the cost of review by the consultant to assist the Registrar to determine whether the essay is acceptable, up to a maximum of $500;

b. that the Member 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 is subparagraph 2.a., as confirmed by the consultant;

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

i. the Member shall notify the College in writing of any employment in a pharmacy, which notification shall include the name and address of the employer and the date on which he began or is to begin employment, within seven (7) days of commencing such employment;
ii. the Member shall only work for an employer in a pharmacy who provides confirmation in writing from the Designated Manager of the pharmacy to the College, within seven (7) days of him commencing employment at the pharmacy, that the Designated Manager received and reviewed a copy of the panel’s decision and reasons in this matter before he commenced employment;
iii. the terms in clauses 2.c.i. and ii. shall apply even if the Member’s employment in the pharmacy is as a relief pharmacist;

3. Directing the Registrar to suspend the Member’s Certificate of Registration for a period of 2 months, 1 month of which shall be remitted upon the Member successfully completing the remedial training as specified in paragraph 2a. above. The suspension shall commence on July 12, 2019, and run until August 11, 2019, inclusive. If the remitted portion of the suspension is required to be served by the Member because he fails to complete the remedial training specified in paragraph 2a. above, the remainder of the suspension shall commence on July 12, 2020, and continue until August 11, 2020, inclusive. If the time for completing the remedial steps in paragraph 2a., 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 field of health care is an extremely important one. The Panel pointed out that all health care professionals are expected to conduct themselves in a manner that maintains public confidence.

The Panel related that members of the public and patients hold the pharmacy profession in high regard and, as such, it is expected that pharmacists conduct themselves with the highest degree of professionalism and respect to the public.

The Panel expressed its disappointment that the Member put the public at risk by having his pharmacy open without a licensed pharmacist present, allowing an unregulated pharmacy assistant to provide Schedule II drugs and counselling to a patient. The Panel observed that, as a designated manager, he failed to maintain accurate records.

The Panel noted that it is a privilege, not a right, to practice pharmacy. The Panel expressed its expectation that the Member will learn from this process, improve his practice, work hard to regain the public trust, and never appear before the Discipline Committee again.

The full text of these decisions is available at www.canlii.org.

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