THUNDER BAY — A now-closed Thunder Bay pharmacy dispensed methadone and other medications without a pharmacist being present, contrary to provincial legislation.
The Ontario College of Pharmacists issued a reprimand and orders earlier this year to the person designated by the owner of the business as the individual in charge of the pharmacy.
Details of the case were recently made public.
Family Health Pharmacy Thunder Bay operated between June 1, 2022 and Jan. 17, 2023, and was located next to a methadone clinic.
The Ontario College of Pharmacists launched an investigation after a nurse at the clinic told a pharmacist at a different pharmacy that FHP was dispensing methadone on-site without the oversight of a pharmacist.
A registered pharmacist was the designated manager (DM) when FHP Thunder Bay started up.
He was also the director liaison (DL) – the college's primary contact person – an appointment required by law because the pharmacy was owned by a trust controlled by a non-pharmacist.
On Aug. 17, 2022, he emailed the OCP stating he would resign as DM by the end of that month, but there was no formal followup by either him or the college.
It was only after this became apparent in the course of the investigation that the college's records were updated to remove him as DM on Nov. 8, 2022.
However, the college's discipline committee held him responsible for failures to maintain standards of practice, even though it noted that if he were to testify, "he would say that he was not responsible for scheduling (pharmacists)...nor did he in fact have any meaningful responsibility for operations" because FHP Thunder Bay was managed and operated by two other individuals who assured him scheduling was being managed appropriately.
It found that between Aug. 22, 2022 and Nov. 7, 2022, the man permitted FHP Thunder Bay to operate without a pharmacist being physically present and permitted the sale and/or dispensing of drugs with no pharmacist on the premises.
The committee also determined that from June 1, 2022 to Jan. 17, 2023, he failed to ensure narcotic counts and/or reconciliations were completed at least every six months, and/or that records were retained.
It found, as well, that between Nov. 8, 2022 and Jan. 17, 2023, he permitted the pharmacy to operate without a DM, and that on Jan. 17, 2023 he closed the business without complying with regulatory requirements for closing and for retaining records.
The OCP's panel said that, while engaged in the practice of pharmacy and/or as DM of a now-closed pharmacy in southern Ontario, he permitted it to operate for one day in 2023 without a pharmacist being physically present, and that drugs were sold or dispensed on that day.
It determined that he had failed to maintain a standard of practice of the profession, failed to keep records as required respecting his patients or practice, and falsified a record relating to his practice or a person's health health record.
The man was registered as a pharmacist in Ontario in 2007, and had no history of discipline.
In an oral reprimand, the committee described his conduct in this instance as dishonourable and unprofessional.
It noted that as a designated manager and a director liaison, he was responsible for the safe operation of both pharmacies.
"As an experienced, long-standing College registrant, you should have known better...We hope that the discipline process has given you time to reflect on your misconduct. We trust that the significant remediation measures we have ordered you to undertake will rehabilitate your practice."
The OCP panel suspended his certificate of registration for three months effective May of this year and ordered him to pay costs of $10,000.
It further ordered him to complete and pass a program on problem-based ethics for healthcare professionals, pass an exam on jurisprudence, ethics and professionalism, and retain a mentor at his own expense for the purpose of reviewing his practice respecting the role and responsibilities of a designated manager.
