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Shaikh, Aftabahmed Abdullatif (Mar 10, 2023)
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Nature of Action: The Inquiry Committee of the College of Pharmacists of BC (the “College”) investigated a complaint about the conduct of Aftabahmed Abdullatif Shaikh (the “Registrant”), pursuant to section 33(1) of the Health Professions Act, R.S.B.C 1996, c. 183 (“HPA”).
The Inquiry Committee and the Registrant have agreed to resolve all matters arising from the investigation by way of a Consent Agreement under section 36(1) of the HPA. -
Effective date: March 10, 2023
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Name of registrant: Aftabahmed Abdullatif Shaikh
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Location of Practice: Various locations, BC
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Admissions and Acknowledgements:
The Registrant has admitted and/or acknowledged the following:- On August 8 and 30, 2021, while working at a community pharmacy, the Registrant entered COVID-19 vaccinations onto their own PharmaNet record without actually having been administered the vaccines.
- The Registrant recorded that another pharmacist was the authorizing pharmacist and injection administrator for both vaccinations. The other pharmacist was not aware of the Registrant’s actions.
- The Registrant altered their personal information on the pharmacy’s software in a manner that would make the records more difficult to find. This included altering the spelling of their name, date of birth, removing their personal health number, and making the profile inactive.
- On August 8 and 30, 2021, while working at a community pharmacy, the Registrant entered COVID-19 vaccinations onto their own PharmaNet record without actually having been administered the vaccines.
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Disposition:
The Registrant entered into a Consent Agreement with the College’s Inquiry Committee, wherein the Registrant consented to terms that included (but not limited to) the following:
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To be suspended as a registrant of the College for a period of 30 days from March 13, 2023 to April 11, 2023;
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To not be a preceptor for pharmacy students for a period of two years from March 13, 2023 to March 12, 2025;
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To have a permanent letter of reprimand placed on the College register;
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To personally notify appropriate personnel at the BC Ministry of Health regarding their false vaccination records. The College would also refer details of the investigation to appropriate personnel at the BC Ministry of Health;
- To review and complete the College’s Code of Ethics Educational Tutorial; and
- To prepare a letter of apology to the other pharmacist.
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Rationale:
The Inquiry Committee considered that the Registrant created false PharmaNet records and subsequently obtained a COVID-19 vaccine passport by false pretense. The vaccine passport could have been used to circumvent vaccination requirements both domestically and internationally during the COVID-19 pandemic. The false vaccine passport could have put the public at increased risk of harm. The Registrant’s actions were self-serving and contrary to the conduct expected of a pharmacy professional. The Inquiry Committee considered the Registrant’s conduct a “serious matter” as defined by the HPA.
The Inquiry Committee ultimately concluded the Registrant’s conduct was highly unethical and amounted to professional misconduct. The Inquiry Committee considered the terms of the Consent Agreement necessary to protect the public, a well as send a clear message deterrence to the profession.
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Pharmacist Registrant 53 (Feb 1, 2023)
The Inquiry Committee, pursuant to section 32.2(4)(b)(ii) of the Health Professions Act, has reached an Agreement with the pharmacist registrant to voluntarily suspend their registration as a pharmacist effective February 1, 2023. The Agreement remains in effect until further notice. The Inquiry Committee considers the Agreement necessary to protect the public. The pharmacist registrant’s name has been withheld pursuant to section 39.3(4)(a) of the Health Professions Act.
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Mbamy, Joelle (Jan 26, 2023)
To enable the Registrant to complete the practicum portion of the UBC Canadian Pharmacy Practice Programme, the Inquiry Committee has temporarily lifted the Registrant’s suspension until April 5, 2023. Until April 5, 2023, the Registrant is restricted to only processing prescriptions at the pharmacy for which she is completing her practicum, under the supervision of a preceptor.
July 14, 2022
(January 26, 2023 - Temporary Lifting of Suspension)
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Nature of Action: The Inquiry Committee of the College of Pharmacists of British Columbia (the “College”) conducted an investigation into a complaint about the practice of Joelle Mbamy (the “Registrant”), pursuant to section 33(1) of the Health Professions Act, R.S.B.C. 1996, c. 183 (“HPA”).
The Inquiry Committee and the Registrant have agreed to resolve all matters arising from the investigation by way of a Consent Agreement under section 36(1) of the HPA.
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Effective date: July 14, 2022
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Name of registrant: Joelle Mbamy
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Location of Practice: Penticton, BC
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Admissions and acknowledgements:
The Registrant admitted and/or acknowledged the following:
On or about September 15, 2021, the Registrant dispensed a medication to a patient from a prescription dated March 30, 2021. Before dispensing this medication to the patient, the Registrant did not confirm the patient’s diagnosis, did not conduct a clinical assessment of the appropriateness of the medication and the prescribed dose, and did not provide the patient with information required for a pharmacist/patient consultation.
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Disposition:
The Registrant entered into a Consent Agreement with the College’s Inquiry Committee, wherein the Registrant consented to terms that included (but not limited to) the following:
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To be suspended as a registrant of the College for a period of one year, from July 18, 2022 to July 17, 2023;
- Before the suspension in paragraph a is lifted, the Registrant must, at her own expense, successfully complete and pass the following:
- UBC Canadian Pharmacy Practice Programme, in its entirety; and
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The Pharmacy Qualifying Examination, Part II (OSCE) through the Pharmacy Examining Board of Canada.
- UBC Canadian Pharmacy Practice Programme, in its entirety; and
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To not be a pharmacy manager, director, owner (direct or indirect) and preceptor for pharmacy students for a period of five years from the date that her suspension ends
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After the completion of her suspension, upon return to active practice, to practice for a period of 180 days under the supervision of a pharmacist in good standing; and
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To appear before the Inquiry Committee for a verbal reprimand after completing her suspension.
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Rationale
In this case, the Registrant’s actions, or lack thereof, contravened sections of the Community Pharmacy Standards of Practice and the Code of Ethics. The Registrant neglected her basic duties as a pharmacist, did not protect and promote the well-being of her patient, did not act in the best interests of her patient, and placed her patient at risk of harm.
Between 2017 and 2020, the Registrant had been sanctioned for other matters by the Inquiry Committee. Despite this, the Registrant has continued a pattern of non-adherence to practice standards. Her prior history, pattern of poor professional judgment, and demonstration of a disregard for the fundamentals of pharmacy practice is considered significant professional misconduct as defined in s. 26 of the HPA and warranted the significant remediation and sanctions referenced above.
The Inquiry Committee considered it appropriate that the disposition for such conduct be one that serves as a strong deterrent and sends a clear message to both the profession and the public that the College cannot and will not tolerate this type of conduct under any circumstances.
April 7, 2021
The Registrant has completed all remedial training necessary for the removal of limits and conditions on her practice. Limits and conditions on the Registrant’s registration as a pharmacist have been removed effective April 7, 2021.
October 26, 2020
(April 7, 2021 - Limits and Conditions Removed)
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Nature of Action: The Inquiry Committee of the College of Pharmacists of British Columbia (“CPBC”) conducted investigations into the practice of Joelle Mbamy (the “Registrant”), pursuant to section 33(4) of the Health Professions Act, R.S.B.C. 1996, c. 183 (“HPA”). The CPBC issued a Citation on October 21, 2019, which was subsequently amended on January 29, 2020.
Further to a proposal for resolution from the Registrant, the Inquiry Committee made a Consent Order under section 37.1 of the HPA.
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Effective date: October 26, 2020
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Name of registrant: Joelle Mbamy
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Location of Practice: Penticton, BC
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Admissions and acknowledgements:
The Registrant has admitted and/or acknowledged the following (in part):
The InspectionOn November 6, 2018, the CPBC conducted an inspection of Sunrise Pharmacy (the “Inspection”) where the Registrant was acting as an owner, manager, and working pharmacist. The Inspection was conducted pursuant to a Consent Agreement the Registrant entered into with the CPBC on May 1, 2018, regarding a previous complaint and investigation.
Contrary to Standards 1, 2, 3, 6, 7, and 9 of the Health Professions Act – Bylaws, Schedule “A” – the Code of Ethics (“Code of Ethics”), the Registrant was observed to have failed to comply with the terms of the Consent Agreement as during the Inspection, the following conduct was observed that constitutes a breach of the terms of the Consent Agreement:
In addition, during the Inspection, the following conduct was observed which constituted additional or new offences, not previously addressed in the Consent Agreement:
Pharmacy Security
On March 22, 2018, the CPBC received information from the Province’s Child Death Coroner regarding the death of a minor who, at the time of his death, was an employee at Sunrise Pharmacy. The cause of death was methadone overdose.
Upon reviewing security camera recordings from Sunrise Pharmacy, it was determined that, on September 18, 2017 and contrary to Standards 1 (a) and (d) and 7 of the Code of Ethics, sections 18(2)(j), 19(4) and 26 of the PODSA Bylaws, and Professional Practice Policy 74: Community Pharmacy and Telepharmacy Security, the minor was permitted to be in the dispensary and the compounding rooms in Sunrise Pharmacy without supervision on thirteen separate occasions for varying lengths of time.
During these times, the minor had access to prescription medications. However, there was no evidence on the security footage to confirm that the minor obtained the methadone from the pharmacy.
Temporary Closure of Sunrise Pharmacy
In July 2019, the CPBC received a complaint about and conducted an investigation into the temporary closure of Sunrise Pharmacy on three consecutive Saturdays in June 2019 and found that
- contrary to Standards 1(a) and (d) and 7 of the Code of Ethics, sections 6, 9, and 9.1 of Part 1 of Schedule “F” – the Standards of Practice (the “Part 1 of the Standards of Practice”), Professional Practice Policy 66: Opioid Agonist Treatment, and Principles 2.1.1, 2.1.2, 3.1.3, 3.2.4 Professional Practice Policy 66: Policy Guide – Methadone Maintenance Treatment (2013), Ms. Mbamy was dispensing methadone or Opioid Agonist Treatment (“OAT”) without the appropriate directions or without appropriate completion of the required documentation or both
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contrary to Standards 1(a) and (d) and 7 of the Code of Ethics, section 19(5)(a) of the CPBC’s Bylaws under PODSA (the “PODSA Bylaws”), and Professional Practice Policy 31: Emergency Prescription Refills, the Registrant was dispensing medication without a prescription, using her name as a prescriber, and in a manner that did not comply with the requirements for an emergency prescription refill;
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contrary to Standards 1(a) and (d) and 7 of the Code of Ethics, section 11 of Part 1 of the Standards of Practice, and section 35 of the PODSA Bylaws, prescriptions, including prescriptions for methadone and other Schedule 1 drugs, were “backdated” such that the dispensing date entered on PharmaNet or recorded on the prescription label did not accurately reflect the date those prescriptions were dispensed; and
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contrary to Standards 1(a) and (d) and 7 of the Code of Ethics, sections 18(2)(j) and 26 of the PODSA Bylaws, Professional Practice Policy-74: Community Pharmacy and Telepharmacy Security, and section 43 of the Narcotic Control Regulations, the Registrant failed to store methadone in a time-lock safe, or she stored methadone in a time-lock safe that was left open.
- contrary to Standards 1(a) and (d) and 7 of the Code of Ethics and sections 8 and 11 of the Food and Drugs Act, R.S.C., 1985, c. F-27, the Registrant prepared an intravenous solution in an unsanitary and non-sterile environment without taking precautions to avoid contamination of the drug product and dispensed that solution to the patient’s agent;
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contrary to Standards 1(a) and (d) and 7 of the Code of Ethics, and sections 19(2) and 20(4) of the PODSA Bylaws, expired drugs were not stored in a separate area or secured storage area within Sunrise Pharmacy;
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contrary to Standards 1(a) and (d) and 7 of the Code of Ethics, Professional Practice Policy 68: Cold Chain Management of Biologicals, and the BCCDC Communicable Disease Control Immunization Program: Section VI – Management of Biologicals, vaccines and insulin were stored in the door of a refrigerator;
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contrary to Standards 1(a) and (d) and 7 of the Code of Ethics, sections 9, 9.1, and 11(1) and (2) of Part 1 of the Standards of Practice, Professional Practice Policy 66: Opioid Agonist Treatment, and Principles 3.1.3, 3.2.4, and 3.2.5 of Professional Practice Policy 66: Policy Guide – Methadone Maintenance Treatment (2013), information regarding prescriptions recorded on PharmaNet was incorrect or incomplete.
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contrary to Standards 1(a) and (d), and 7 of the Code of Ethics, section 19(6)(b) of the PODSA Bylaws, Principle 2.1.2, of Professional Practice Policy 66: Policy Guide – Methadone Maintenance Treatment (2013), the Registrant was selling or dispensing drugs included in the controlled prescription program (“CPP”) when the required CPP form did not contain either the signature of the dispensing pharmacist or the signature of the patient;
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contrary to Standards 1(a) and (d), and 7 of the Code of Ethics and Professional Practice Policy 31: Emergency Prescription Refills, emergency prescription refills were improperly provided or documented;
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contrary to Standards 1(a) and (d), and 7 of the Code of Ethics, sections 6(4)(g)(iv) of Part 1 of the Standards of Practice the Sunrise Pharmacy patient counselling log did not include written confirmation of who performed consultations or document when consultation was offered and declined;
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contrary to Standards 1 (a) and (d) and 7 of the Code of Ethics and sections 35(1), (4), (5), and (6) of the PODSA Bylaws and with respect to a specific prescription dated August 9, 2018, the PharmaNet patient record was not kept current; and
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contrary to Standards 1 (a) and (d), and 7 of the Code of Ethics, and section 18(2)(m) of the PODSA Bylaws, staff at Sunrise Pharmacy did not wear name badges.
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contrary to section 25.92 of the HPA, and sections 10(1) and (2) of Part 1 of the Standards of Practice, the Registrant, without prior authorization, changed the dispensing regime of four different methadone prescriptions in order to accommodate the closure of Sunrise Pharmacy,
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contrary to Principle 2.2.1 of Professional Practice Policy 66: Policy Guide – Methadone Maintenance Treatment (2013), the Registrant altered a prescription and began dispensing methadone pursuant to that altered prescription and failed to obtain a corrected prescription from the physician, and
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contrary to section 9.1(1)(b) of Part 1 of the Standards of Practice, the Registrant dispensed Suboxone® with incorrect instructions on the label.
- contrary to Standards 1(a) and (d) and 7 of the Code of Ethics, sections 6, 9, and 9.1 of Part 1 of Schedule “F” – the Standards of Practice (the “Part 1 of the Standards of Practice”), Professional Practice Policy 66: Opioid Agonist Treatment, and Principles 2.1.1, 2.1.2, 3.1.3, 3.2.4 Professional Practice Policy 66: Policy Guide – Methadone Maintenance Treatment (2013), Ms. Mbamy was dispensing methadone or Opioid Agonist Treatment (“OAT”) without the appropriate directions or without appropriate completion of the required documentation or both
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Disposition:
In the Consent Order under section 37.1 of the HPA, the Inquiry Committee ordered that the Registrant
The Registrant repeatedly contravened sections of the HPA, PODSA Bylaws, Community Pharmacy Standards of Practice, and the Code of Ethics in her practice as a pharmacist, pharmacy manager, owner and director, and thereby, neglected her basic duties as a pharmacist, and committed or allowed actions that were unethical and could potentially endanger patient health. The totality of her conduct demonstrated an egregious breach of trust and undermines the integrity of the profession.
Importantly, the Inspection was conducted only a few month after the Consent Agreement was finalized. Despite this, Ms. Mbamy was found to be in breach of several of the terms of that Consent Agreement and was noted to have engaged in further breaches of the standards applying to the practice of pharmacy. This demonstrated a disregard for the fundamentals of pharmacy practice and the CPBC’s regulatory process. More importantly, it presented a significant risk to the public.
The Registrant’s conduct in this instance, coupled with the breach of her previous undertakings, is considered significant professional misconduct as defined in s. 26 of the HPA, and justifies serious consequences. The Inquiry Committee therefore considered it appropriate, and the Registrant agreed, that the disposition for such conduct be one that serves as a strong deterrent and sends a clear message to both the profession and the public that the CPBC cannot and will not tolerate this type of conduct under any circumstances.
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sign and deliver to the CPBC a letter of undertaking,
- be suspended for 3 months (November 18, 2020 to February 18, 2021),
- subject to paragraph d below, for a period of 18 months (including the time during which she had been subject to the same conditions on practice further to the May 23, 2019 Inquiry Committee order), cannot
- dispense any narcotic or controlled drug substance intended for Opioid Agonist Treatment,
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compound any medication, or
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prepare or dispense any medication intended for intravenous administration.
- dispense any narcotic or controlled drug substance intended for Opioid Agonist Treatment,
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before the conditions specified in paragraph c are removed from her practice, must, at her own expense,
- retake and successfully complete
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the BC Pharmacy Association OAT Compliance and Management Program, and
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the BC Community Manger Training Program,
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successfully complete;
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the CPEP PROBE: Ethics & Boundaries Program,
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the UBC CPD Provincial Opioid Addiction Treatment Support Program,
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the Critical Point, Best Practices for Nonhazardous Sterile-to-Sterile Compounding, and
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confirm in writing that she has
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read “A Guideline for Clinical Management of Opioid Use Disorder” from the BC Centre on Substance Use, and
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reviewed the YouTube videos, Ontario College of Pharmacists, “Optimizing Patient Care Series: Decision Making & Documentation – Keeping it Simple”, Parts 1 and 2,
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- retake and successfully complete
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must pay a fine of $20,000 to the CPBC
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May 23, 2019
(October 26, 2020 - Citation cancelled)Pursuant to section 35(1)(a) of the Health Professions Act, R.S.B.C. 1996, c. 183 (“HPA”), effective May 23, 2019, the Inquiry Committee of the College of Pharmacists of British Columbia has made an order to impose limits and conditions on the pharmacy practice of the registrant Joelle Mbamy (the “Registrant”) pending a hearing of the Discipline Committee.
The Registrant will be restricted from dispensing any narcotic or controlled drug substance intended for Opioid Agonist Treatment. This limit and condition will become effective on June 7, 2019 to allow sufficient time to transition patients to another pharmacy.
The Registrant will be restricted from compounding any medication and preparing or dispensing any medication intended for intravenous administration.
The Inquiry Committee considered this action necessary to protect the public.
While practicing as a pharmacist, the Registrant is alleged to have shown a continuing pattern of providing Opioid Agonist Treatment without abiding by the legislative requirements. While practicing as a pharmacist, the Registrant is alleged to have prepared and dispensed intravenous drug product under unsanitary conditions.
Note: Limits and conditions ordered by the Inquiry Committee under section 35(1)(a) of the HPA are made to protect the public during an investigation or pending a hearing of the Discipline Committee. Orders made under this section relate to matters which are and remain unproven unless admitted by a registrant or determined by the Discipline Committee.
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Yu, Meng Zhen (Sep 5, 2022)
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Nature of Action: The Inquiry Committee of the College of Pharmacists of British Columbia (the “College”) investigated a complaint about the practice of Meng Zhen Yu (the “Registrant”), pursuant to section 33(1) of the Health Professions Act, R.S.B.C. 1996, c. 183 (“HPA”).
The Inquiry Committee and the Registrant have agreed to resolve all matters arising from the investigations by way of a Consent Agreement under section 36(1) of the HPA.
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Effective date: September 5, 2022
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Name of registrant: Meng Zhen Yu
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Location of Practice: Various locations, BC
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Admissions and Acknowledgments:
The Inquiry Committee determined, and the Registrant acknowledged, that she:
- Did not conduct an adequate final check of a patient’s Schedule I prescription prior to dispensing;
- Did not conduct an adequate clinical assessment or review patient personal health information stored on the PharmaNet database prior to dispensing a drug;
- Reviewed patient medication profiles and PharmaNet records after daily dispensed medications had already been delivered to a patient;
- As the pharmacy manager of a pharmacy, allowed non-registrant staff to access pharmacy premises, engage in restricted pharmacy activities, and have access to Schedule I medications at the pharmacy in her absence;
- As the Authorized Representative of a pharmacy, did not disclose all shareholders of the pharmacy when completing license renewal processes for the pharmacy;
- Knowingly submitted inaccurate or incomplete information to the College;
- Provided direction to pharmacy staff to communicate misleading information to patients; and
- Engaged in conduct that demonstrated poor professional judgement and did not uphold her ethical responsibilities to the public, the pharmacy profession, or as a registrant of the College.
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Disposition:
The Registrant entered into a Consent Agreement with the College’s Inquiry Committee, wherein the Registrant consented to terms that included (but not limited to) the following:
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To not be a pharmacy manager, preceptor for pharmacy students, and pharmacy owner (direct or indirect) for a period of one year from September 6, 2022 to September 5, 2023;
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To successfully complete and pass the College’s Jurisprudence Exam;
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To successfully complete and pass an ethics course for healthcare professionals;
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To pay a $500.00 fine;
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To have a letter of reprimand placed on the College register for a period of two years;
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To thoroughly review and read legislation, standards, and policies relevant to the conduct to which this matter relates, and thereafter submit a Declaration of Understanding regarding the legislation, standards and policies reviewed and read;
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To successfully complete educational courses regarding:
- Clinical decision-making and documentation;
- Patient assessment; and
- Improving medication safety; and
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To submit a written statement reflecting on her learnings from the educational courses, the changes she will make to her practice, and how these changes will aid in improving her practice going forward.
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Rationale:
The Inquiry Committee considered that the Registrant’s failed to meet legislative requirements, exercise appropriate professional judgement, uphold ethical responsibilities, or fulfil her role as a pharmacy manager and registrant of the College. The Registrant’s conduct in this matter appeared intentional and she did not uphold the high ethical and practice standards expected of all registrants. Therefore, the Inquiry Committee considered the Registrant’s conduct to be serious, and that the Registrant required both remediation and deterrence in order to come into compliance. The Inquiry Committee considered the terms of the Consent Agreement necessary to protect the public, as well as send a clear message of deterrence to the profession.
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Pharmacist Registrant 51 (Aug 29, 2022)
The Inquiry Committee, pursuant to section 32.2(4)(b)(ii) of the Health Professions Act, has reached an Agreement with the pharmacist registrant to voluntarily suspend their registration as a pharmacist effective August 29, 2022. The Agreement remains in effect until further notice. The Inquiry Committee considers the Agreement necessary to protect the public. The pharmacist registrant’s name has been withheld pursuant to section 39.3(4)(a) of the Health Professions Act.
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O'Neil, Trevor George (Aug 23, 2022)
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Nature of Action: The Inquiry Committee of the College of Pharmacists of British Columbia (the “College”) conducted an investigation into the practice of Trevor George O’Neil (the “Registrant”), pursuant to section 33(4) of the Health Professions Act, R.S.B.C. 1996, c. 183 (“HPA”). The Inquiry Committee and the Registrant have agreed to resolve all matters arising from the investigation by way of a Consent Agreement under section 36(1) of the HPA.
The Inquiry Committee and the Registrant have agreed to resolve all matters arising from the investigations by way of a Consent Agreement under section 36(1) of the HPA.
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Effective date: August 23, 2022
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Name of registrant: Trevor George O’Neil
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Location of Practice: Various locations, BC
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Admissions and acknowledgements:
The College received a report of concern regarding the Registrant’s competence to practice pharmacy, specifically regarding the number of medication errors the Registrant made at one pharmacy over a short period of time. Further to the College’s investigation of those practice concerns, the Inquiry Committee considered, and Registrant acknowledged, that the pattern and totality of medication errors that occurred at the one pharmacy over a short period of time was gravely concerning. While not all reported medication errors could be conclusively attributed as the Registrant’s responsibility, the majority of the reported errors clearly showed a failure by the Registrant to comply with basic legislative requirements.
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Disposition:
The Registrant entered into a Consent Agreement with the College’s Inquiry Committee, wherein the Registrant consented to terms that included (but not limited to) the following:
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To successfully complete and pass the College’s Jurisprudence Exam;
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To be suspended as a registrant of the College until he successfully completes and passes the College’s Jurisprudence Exam (effective September 1, 2022);
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To not be a pharmacy manager and preceptor for pharmacy students for a period of one year from the date that his suspension ends;
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After the completion of his suspension, upon return to active practice, to practice for a period of 960 working hours only whereby another full pharmacist is present at the Registrant’s workplace during this period;
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To thoroughly review and read legislation, standards and policies relevant to the conduct to which this matter relates, and thereafter submit a Declaration of Understanding regarding the legislation, standards and policies reviewed and read;
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To successfully complete educational courses regarding:
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Prevention of medication errors;
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Clincal decision-making and documentation;
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Patient assessment; and
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Opiod Agonist Treatment; and
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To submit a written statement reflecting on his learnings from the educational courses, the changes he will make to his practice, and how these changes will aid in improving his practice going forward.
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Rationale:
The Inquiry Committee considered that the Registrant’s rationalization of the errors occurring as a result of a busy pharmacy environment within the current climate is a common one that all healthcare professionals are challenged with. However, it is still expected that all registrants comply with the applicable legislation, be diligent and ensure patient safety is a priority.
Given the totality, breadth, and nature of the errors made by the Registrant, the Inquiry Committee considered the Registrant’s conduct to be serious, and that the Registrant required both remediation and deterrence in order to come into compliance. The Inquiry Committee considered the terms of the Consent Agreement necessary to protect the public, as well as send a clear message of deterrence to the profession.
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Seelaboyina, Bhanu Prasad (Aug 19, 2022)
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Nature of Action: The Inquiry Committee of the College of Pharmacists of British Columbia (the “College”) conducted investigations into the practice and conduct of Bhanu Prasad Seelaboyina (the “Registrant”), pursuant to sections 33(1) and 33(4) of the Health Professions Act, R.S.B.C. 1996, c. 183 (“HPA”).
The Inquiry Committee and the Registrant have agreed to resolve all matters arising from the investigations by way of a Consent Agreement under section 36(1) of the HPA.
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Effective date: August 19, 2022
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Name of registrant: Bhanu Prasad Seelaboyina
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Location of Practice: New Westminster, BC
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Admissions and acknowledgements:
The Registrant has admitted and/or acknowledged the following:
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Between August 24 and August 26, 2021, he administered COVID-19 immunizations to 96 patients, and:
- reused the same syringe barrel for multiple patients;
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did not adhere to standards of practice and guidelines pertaining to the administration of injections; and
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did not obtain appropriate resources to facilitate the administration of immunizations in accordance with standards of practice; and
- reused the same syringe barrel for multiple patients;
- Between August 26 and September 9, 2021, the Registrant was not forthcoming when asked about his reusing of syringe barrels. Him not disclosing his conduct during this time period put 96 patients at risk and denied these patients the agency to determine how to make an informed decision to mitigate the risks.
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Disposition:
The Registrant entered into a Consent Agreement with the College’s Inquiry Committee, wherein the Registrant consented to terms that included (but not limited to) the following:
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To be suspended as a registrant of the College for a period of one year, from August 22, 2022 to August 21, 2023;
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To not administer drugs by injection and/or intranasal route for a period of 180 days from the date that his suspension ends (August 22, 2023 to February 15, 2024);
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Prior to applying for re-certification for drug administration by injection and/or intranasal route, to complete a full re-training of all requirements;
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After re-certification for drug administration, for a minimum of 90 days, to not administer drugs by injection and/or intranasal route unless supervised by an injection-certified pharmacist in good standing;
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To not be a pharmacy manager and preceptor for pharmacy students for a period of one year from the date that his suspension ends (August 22, 2023 to August 21, 2024);
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To have a letter of reprimand placed on the College register;
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To complete and successfully pass an ethics course for healthcare professionals;
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To appear before the Inquiry Committee for a verbal reprimand after completing the ethics course. Depending on the outcome of this meeting, the Inquiry Committee may consider whether the letter of reprimand issued to the Registrant should be kept permanently in the College register;
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To review and abide by applicable legislative standards and guidelines on infection control practices;
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To successfully complete educational courses regarding:
- Conflict resolution;
- Providing empathic care;
- Preventing and reporting of medication incidents;
- Communicating with patients;
- Addressing ethical issues; and
- Infection control; and
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To write letters of apology to the persons affected by his conduct who also filed complaints with the College regarding this matter.
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Rationale:
The Inquiry Committee determined that the Registrant’s admitted lack of knowledge of basic infection control practices introduced risk of infection and uncertainty into the lives of the 96 patients that he unsafely immunized.
The Inquiry Committee also considered that the Registrant’s conduct between August 26, 2021 and September 8, 2021 in response to this matter constituted an egregious breach of his ethical obligations as a healthcare provider. The Registrant stated that his dishonesty when confronted with the allegations was driven by a fear of consequences from admitting his conduct. The Inquiry Committee considered that such fear was irrational, and that the correct course of action, in line with the Registrant’s ethical obligations under the Code of Ethics, was to admit his actions. In not doing so, the Registrant’s dishonesty represented a serious contravention of legislative and ethical standards and compromised the public’s trust in the pharmacy profession as a whole. The Inquiry Committee acknowledged the Registrant’s acceptance of responsibility, and cooperation during the investigation process after he acknowledged his actions.
The Inquiry Committee therefore determined that the Registrant required serious remediation and deterrence regarding his conduct. After considering all factors in this matter, the Inquiry Committee considered the terms of the Consent Agreement necessary and appropriate to protect the public, as well as send a clear message of deterrence to the profession.
September 21, 2021
(August 19, 2022 – Limits and Conditions Updated)
The Inquiry Committee, pursuant to section 32.2(4)(b)(i) of the Health Professions Act, has reached an Agreement with pharmacist registrant Bhanu Prasad Seelaboyina (the “Registrant”) to impose limits and conditions on his practice, effective immediately, pending an investigation into his conduct. The Registrant has agreed to the following limits and conditions on his practice, which are in place until further notice:
- Until investigations into his conduct are complete and until approved by the Inquiry Committee to do so:
- To not act in the role of a pharmacy manager; and
- To not administer drugs or substances by injection and/or intranasal route; and
- To authorize the College to revoke his Drug Administration Certification, effective immediately.
The Registrant has admitted to using the same syringe barrel for multiple patients while administering COVID-19 vaccinations between August 24, 2021 and August 26, 2021. This conduct occurred while he was in a leadership role as a pharmacy manager.
Due to the Registrant’s conduct and judgment in this case, the Inquiry Committee considered the above limits and conditions necessary to protect against further risk of harm to patients.
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Pharmacist Registrant 42 (Jul 21, 2022)
The Inquiry Committee, pursuant to section 36(1) of the Health Professions Act and after consultation with the pharmacist registrant’s physician, has reached an Agreement with the pharmacist registrant to amend some of the terms in the Agreement of July 16, 2020. The Registrant can now:
- Be in possession of, or have access to, keys to a pharmacy.
The pharmacist registrant’s name has been withheld pursuant to section 39.3(4)(a) of the Health Professions Act.
January 4, 2022
(July 21, 2022 – Limits and conditions updated)
The Inquiry Committee, pursuant to section 36(1) of the Health Professions Act and after consultation with the pharmacist registrant’s physician, has reached an Agreement with the pharmacist registrant to amend some of the terms in the Agreement of July 16, 2020. The Registrant can now:
- Be the sole pharmacist on duty while working in a pharmacy.
The pharmacist registrant’s name has been withheld pursuant to section 39.3(4)(a) of the Health Professions Act.
July 16, 2020
(January 4, 2022 - Limits and conditions updated)
The Inquiry Committee has reinstated pharmacist registrant’s registration which had previously been suspended for an indefinite period on June, 5 2020. Pursuant to Section 32.2(4)(b)(ii) of the Health Professions Act, the Inquiry Committee has reached an Agreement with the pharmacist registrant whereby the pharmacist registrant consented to terms including, but not limited to, the following:
- To comply with any and all treatment plans as recommended by their medical providers.
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To comply with any and all work plans as advised by their medical providers and/or employers.
- To comply with every term of their Relapse Prevention Agreement (“RPA”).
- In the event of any interruption to the agreed monitoring schedule set out in the RMA, the Registrant will advise the College of the interruption as soon as possible and provide an explanation for the interruption.
- To not possess or have access to the key(s) to any pharmacy for a minimum 12 month period after their status is changed to “Full Pharmacist – Active”. This limit will be in place until a new IME is conducted and recommends this restriction be removed.
- To not be the sole pharmacist on duty while working at any pharmacy for a minimum of 12 months after their status is changed to “Full Pharmacist – Active”. This limit will be in place until a new IME is conducted and recommends this restriction be removed.
- The Registrant will inform the College in writing, via e-mail, of their places of work as a pharmacist and report any changes to the location of their work within 48 hours of such change. A reportable change to the Registrant’s place of work contemplates both commencement and termination of work.
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Prior to the commencement of work at any pharmacy, the Registrant shall:
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Disclose to the pharmacy manager and/or employer the limits and conditions on their license pursuant to this Consent Agreement;
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Ensure that any pharmacy manager and/or employer with whom the Registrant secures work in a pharmacy submits a written statement to the College declaring their awareness of the Registrant’s Consent Agreement and the limits and conditions on the Registrant’s license to practice pharmacy. This statement must be received within 48 hours of securing work and/or within 48 hours of any change of pharmacy manager at the Registrant’s place of work.
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The pharmacist registrant’s name has been withheld pursuant to section 39.3(4)(a) of the Health Professions Act.
June 5, 2020
(July 16, 2020 - Registration Reinstated)
The Inquiry Committee, pursuant to s. 32.2(4)(b)(ii) of the Health Professions Act, has reached an Agreement with the pharmacist registrant to voluntarily suspend the registration as a pharmacist effective June 5, 2020. The Agreement remains in effect until further notice. The Inquiry Committee considers the Agreement necessary to protect the public. The pharmacist registrant's name has been withheld pursuant to section 39.3(4)(a) of the Health Professions Act.
February 25, 2020
(June 5, 2020 - Registration Suspended)The Inquiry Committee has reinstated pharmacist registrant’s registration which had previously been suspended for an indefinite period on August 14, 2019. Pursuant to Section 32.2(4)(b)(ii) of the Health Professions Act, the Inquiry Committee has reached an Agreement with the pharmacist registrant whereby the pharmacist registrant consented to terms including, but not limited to, the following:
- To comply with any and all treatment plans as recommended by their medical providers.
- To comply with any and all work plans as advised by their medical providers and/or employers.
- To comply with every term of their Relapse Prevention Agreement (“RPA”).
- In the event of any interruption to the agreed monitoring schedule set out in the RMA, the Registrant will advise the College of the interruption as soon as possible and provide an explanation for the interruption.
- To not possess or have access to the key(s) to any pharmacy for a minimum 12 month period after their status is changed to “Full Pharmacist – Active”. This limit will be in place until a new IME is conducted and recommends this restriction be removed.
- To not be the sole pharmacist on duty while working at any pharmacy for a minimum of 12 months after their status is changed to “Full Pharmacist – Active”. This limit will be in place until a new IME is conducted and recommends this restriction be removed.To not be the sole pharmacist on duty while working at any pharmacy for a minimum of 12 months after his status is changed to “Full Pharmacist – Active”. This limit will be in place until a new IME is conducted and recommends this restriction be removed.
- The Registrant will inform the College in writing, via e-mail, of their places of work as a pharmacist and report any changes to the location of their work within 48 hours of such change. A reportable change to the Registrant’s place of work contemplates both commencement and termination of work.
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PPrior to the commencement of work at any pharmacy, the Registrant shall:
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Disclose to the pharmacy manager and/or employer the limits and conditions on their license pursuant to this Consent Agreement;
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Ensure that any pharmacy manager and/or employer with whom the Registrant secures work in a pharmacy submits a written statement to the College declaring their awareness of the Registrant’s Consent Agreement and the limits and conditions on the Registrant’s license to practice pharmacy. This statement must be received within 48 hours of securing work and/or within 48 hours of any change of pharmacy manager at the Registrant’s place of work.
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The pharmacist registrant’s name has been withheld pursuant to section 39.3(4)(a) of the Health Professions Act.
August 14, 2016
(February 25, 2020 – REGISTRATION REINSTATED)
The Inquiry Committee, pursuant to s. 32.2(4)(b)(ii) of the Health Professions Act, has reached an Agreement with the pharmacist registrant to voluntarily suspend the registration as a pharmacist effective August 14, 2019. The Agreement remains in effect until further notice. The Inquiry Committee considers the Agreement necessary to protect the public. The pharmacist registrant's name has been withheld pursuant to section 39.3(4)(a) of the Health Professions Act.
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Pharmacist Registrant 41 (May 30, 2022)
The Inquiry Committee has lifted the registrant’s suspension, which had previously been in place for an indefinite period on July 3, 2019. Pursuant to Section 32.2(4)(b)(ii) of the Health Professions Act, the Inquiry Committee has reached an Agreement with the pharmacist registrant whereby the pharmacist registrant consented to terms including, but not limited to, the following:
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To comply with any and all treatment plans as recommended by his medical providers.
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To comply with any and all work plans as advised by his medical providers and/or employers.
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To comply with every term of his Relapse Prevention Agreement (“RPA”).
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In the event of any interruption to the agreed monitoring schedule set out in the RPA, the Registrant will advise the College of the interruption as soon as possible and provide an explanation for the interruption.
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The Registrant will inform the College in writing, via e-mail, of his places of work as a pharmacist and report any changes to the location of his work within 48 hours of such change. A reportable change to the Registrant’s place of work contemplates both commencement and termination of work.
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To return to follow any graduated return to work schedules as recommended by his medical providers.
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Prior to the commencement of work at any pharmacy, the Registrant shall:
- Disclose to the pharmacy manager and/or employer any gradual return to work schedule, as required by his medical providers;
- Disclose to the pharmacy manager and/or employer terms of this consent agreement;
- Ensure that any pharmacy manager and/or employer with whom the Registrant secures work in a pharmacy submits a written statement to the College declaring they have reviewed terms of the Registrant’s Consent Agreement and gradual return to work schedule. This statement must be received within 48 hours of securing work and/or within 48 hours of any change of pharmacy manager at the Registrant’s place of work.
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To voluntarily stop working as a pharmacist and self-report to the College in the event that his medical condition may materially impair or hinder his performance and/or fitness to practice as a pharmacist.
This Agreement will remain in place until such time as the Registrant’s physician states otherwise. The pharmacist registrant’s name has been withheld pursuant to section 39.3(4)(a) of the Health Professions Act.
July 3, 2019
(May 30, 2022 - Suspension Ended)
The Inquiry Committee, pursuant to section 32.2(4)(b)(ii) of the Health Professions Act, has reached an agreement with the pharmacist registrant to voluntarily suspend the registration as a pharmacist effective July 3, 2019. The agreement remains in effect until further notice. The Inquiry Committee considers the agreement necessary to protect the public. The pharmacist registrant’s name has been withheld pursuant to section 39.3(4)(a) of the Health Professions Act.
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Pharmacist Registrant 26 (May 26, 2022)
The Inquiry Committee has reinstated pharmacist registrant’s registration which had previously been suspended for an indefinite period on November, 15 2021. Pursuant to Section 32.2(4)(b)(ii) of the Health Professions Act, the Inquiry Committee has reached an Agreement with the pharmacist registrant whereby the pharmacist registrant consented to terms including, but not limited to, the following:
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To comply with any and all treatment plans as recommended by their medical provider(s) and/or most responsible physician(s);
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To comply with any and all work plans as advised by their medical providers and/or employers.
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To comply with every term of their Relapse Prevention Agreement (“RPA”).
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In the event of any interruption to the agreed monitoring schedule set out in the RMA, the Registrant will advise the College of the interruption as soon as possible and provide an explanation for the interruption.
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To continue therapeutic counselling with his counsellor for one (1) year from the first day the Registrant returns to active employment as a pharmacist.
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To be restricted from working alone in a pharmacy for a period of 6 months (180 days) from the first day that the Registrant returns to active employment as a pharmacist. The Registrant may only work over-lapping shifts whereby another registrant is also present in the Registrant’s workplace during this time period; If no concerns are identified by the pharmacy manager and/or employer during this time period, the restriction may be lifted.
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To be restricted from handling or physically preparing prescriptions for sedatives (benzodiazepines, Z-drugs, and chloral hydrate), stimulants (amphetamines, methylphenidates, and modafinil), opioids, and steroid medications (testosterone, androgens, anti-androgens, clenbuterol, and human growth hormone) for a minimum of two years from the first day that the Registrant returns to active employment as a pharmacist.
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To not have access to the narcotic-safe or physically prepare prescriptions that require access to the narcotic safe and be restricted from disposing or dealing with wastage or breakage of or otherwise handling sedatives, stimulants, opioids, and steroid medications;
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The Registrant will inform the College in writing, via e-mail, of their places of work as a pharmacist and report any changes to the location of their work within 48 hours of such change. A reportable change to the Registrant’s place of work contemplates both commencement and termination of work.
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Prior to the commencement of work at any pharmacy, the Registrant shall:
- Disclose to the pharmacy manager and/or employer the limits and conditions on their license pursuant to this Consent Agreement;
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Ensure that any pharmacy manager and/or employer with whom the Registrant secures work in a pharmacy submits a written statement to the College declaring their awareness of the Registrant’s Consent Agreement and the limits and conditions on the Registrant’s license to practice pharmacy. This statement must be received within 48 hours of securing work and/or within 48 hours of any change of pharmacy manager at the Registrant’s place of work.
- Disclose to the pharmacy manager and/or employer the limits and conditions on their license pursuant to this Consent Agreement;
The pharmacist registrant’s name has been withheld pursuant to section 39.3(4)(a) of the Health Professions Act.
November 15, 2021
(May 26, 2022 - Registration Reinstated)
The Inquiry Committee, pursuant to section 32.2(4)(b)(ii) of the Health Professions Act, has reached an Agreement with the pharmacist registrant to voluntarily suspend their registration as a pharmacist effective November 15, 2021. The Agreement remains in effect until further notice. The Inquiry Committee considers the Agreement necessary to protect the public. The pharmacist registrant’s name has been withheld pursuant to section 39.3(4)(a) of the Health Professions Act.
July 10, 2020
(November 15, 2021 - Registration Suspended)
Pharmacist registrant 26 has satisfied the terms of a Consent Agreement reached with the Inquiry Committee on June 4, 2017. Limits and conditions on the pharmacist registrant’s registration as a pharmacist have now been removed by the Inquiry Committee. The pharmacist registrant’s name has been withheld pursuant to 39.3(4) of the Health Professions Act.
September 3, 2018
(July 10, 2020 - Limits and Conditions Removed)
The Inquiry Committee, pursuant to section 36(1) of the Health Professions Act, has reached an Agreement with the pharmacist registrant to further amend one of the terms in the Agreement of June 4, 2017. The Registrant can now work in a pharmacy where narcotic/controlled substances and Z-group drugs are counted and reconciled on a monthly basis.
January 17, 2018
(September 3, 2018 - Limits and Conditions Updated)
The Inquiry Committee, pursuant to section 36(1) of the Health Professions Act, has reached an Agreement with the pharmacist registrant to amend one of the terms in the Agreement of June 4, 2017. The pharmacist registrant can now work in a pharmacy where narcotic/controlled substances and Z-group drugs are counted and reconciled on a biweekly basis.
June 4, 2017
(January 17, 2018 - Limits and conditions updated)
The Inquiry Committee, pursuant to section 36(1) of the Health Professions Act, has reached a new revised Agreement with the pharmacist registrant whereby the Registrant consented to undertakings that include, but are not limited to:
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Complying with all terms of the Registrant’s monitoring program for a minimum of three additional years;
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Continuing counselling for one year from the date after Registrant had returned to work;
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Informing all managers and employers with whom Registrant gains employment of registrant’s medical condition and the limits and conditions on Registrant’s registration pursuant to the Agreement;
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Ensuring that all managers and employers with whom Registrant gains employment submits a written statement to the College declaring their awareness of Registrant’s medical condition and the agreement, and how they will accommodate and supervise Registrant working in pharmacy;
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Working in a pharmacy where narcotic/controlled substances and Z-group drugs are counted and reconciled on a weekly basis;
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Working a maximum number of hours and shifts per week for the first three months after signing the Agreement;
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Informing pharmacy manager of all wastages and breakages of narcotic, controlled, opioid and sedative drugs that the Registrant has to dispose of or deal with;
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Not conducting drug counts and/or conduct medication reconciliation for any narcotic/controlled substances or Z-group drugs;
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The Registrant will be restricted from acting in the following roles:
- an owner or manager of a pharmacy;
- a director of a corporation that owns a pharmacy; and
- a preceptor;
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The Registrant will notify the College regarding any of the following changes:
- changes in places of employment as a pharmacist;
- changes in residential address and phone number; and
- changes in medical provider;
The Agreement will remain in place for a minimum of four years or until such time as the Registrant’s physician states otherwise. The name of the Registrant has been withheld in accordance with section 39.3(4)(a) of the Health Professions Act for the purposes of not identifying the personal health information of the Registrant. The Inquiry Committee is satisfied that the undertakings will protect the public.
January 3, 2017
(June 4, 2017 – Limits and conditions updated)
The Inquiry Committee has reinstated pharmacist registrant’s registration which had previously been suspended indefinitely on May 16, 2016. Pursuant to section 36 of the Health Professions Act, the Inquiry Committee has reached an Agreement with the pharmacist registrant whereby the Registrant consented to undertakings involving regular monitoring for fitness to practice pharmacy. The undertakings include, but are not limited to:
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That the Registrant will comply with all terms of Registrant’s monitoring program with the company currently involved in registrant’s care and remain on this program for a minimum of three (3) years from the day Registrant returns to active employment as a pharmacist;
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That Registrant will continue counselling for one (1) year after Registrant returns to work;
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That Registrant will inform all managers and employers with whom Registrant gains employment of registrant’s medical condition and the limits and conditions on Registrant’s registration pursuant to this agreement;
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That Registrant will ensure that all managers and employers with whom Registrant gains employment submit a written statement to the College within 48 hours of securing employment, declaring their awareness of Registrant’s medical condition and the agreement, how they will accommodate and supervise the Registrant working in the pharmacy, and that they will submit a weekly narcotic count for a minimum of three (3) months to the College or advise the College if any narcotic count concerns arise;
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That after returning to work in a pharmacy setting, Registrant will provide work sign-in sheets on a monthly basis;
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That Registrant will not work alone after returning to work in a pharmacy setting and that there must be overlapping shifts of at least one registrant during Registrant’s work shift for a minimum of the first six (6) months that Registrant returns to work;
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That after returning to work in a pharmacy setting, Registrant will not be allowed to dispense narcotics;
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That after returning to work in a pharmacy setting, Registrant will not handle or physically prepare prescriptions for narcotic, controlled, opioid and sedative drugs, including but not limited to Benzodiazepine, Dextroamphetamine and testosterone products and any Z-Group drugs;
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That after returning to work in a pharmacy setting, for the first six (6) months, Registrant will not be allowed to dispense Controlled Substances ie. Benzodiazepine, Dextroamphetamine and testosterone products and any Z-Group drugs (which are not considered Controlled Substances);
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That after returning to work in a pharmacy setting, Registrant will not be allowed to do narcotic or controlled substances or Z-Group drug counts;
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That after returning to work in a pharmacy setting, Registrant will not dispose or deal with wastage or breakage of or otherwise handle any narcotic, controlled, opioid and sedative drugs, including but not limited to Benzodiazepine, Dextroamphetamine and testosterone products and any Z-Group drugs;
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That Registrant will not have access to the narcotic-safe or physically process and/or otherwise prepare any prescriptions that require access to the narcotic safe;
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That Registrant will not be involved in any way with ordering supplies of narcotic medications;
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That Registrant will be restricted from acting in the following roles in Registrant’s practice:
- an owner or manager of a pharmacy;
- a director of a corporation that owns a pharmacy; and
- a preceptor;
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That Registrant will notify the College within 48 hours of such a change, in writing or via e-mail, of:
- all changes in places of employment as a pharmacist;
- all changes in residential address and phone number; and
- all changes in medical provider;
The Agreement will remain in place for a minimum of five years from the date of execution of the Agreement. The Registrant will be assessed by the treating physician after six (6) months upon return to active employment to determine whether or not any of the above limits or conditions should be removed. The name of the Registrant has been withheld in accordance with section 39.3(4)(a) of the Health Professions Act for the purposes of not identifying the personal health information of the Registrant respecting the condition. The Inquiry Committee is satisfied that the undertakings will protect the public.
May 16, 2016
(January 3, 2017 – Registration Reinstated)The Inquiry Committee, pursuant to section 36 of the Health Professions Act, has reached an Agreement with pharmacist registrant to suspend registration as a pharmacist effective May 16, 2016. The agreement remains in effect until further notice. The Inquiry Committee considers the Agreement necessary to protect the public. The registrant's name has been withheld, pursuant to 39.3(4) of the Health Professions Act.
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