September/October 2002 - Ontario College of Pharmacists

More documents

Recommendations

Info

DISCIPLINE Deciding on Discipline Perspectives on the DISCIPLINE PROCESS Larry Boggio, B.Sc.Phm. Iwas recently appointed Chair of the Discipline Committee to replace Marty Belitz whose nine-year term on Council came to an end this past April. In this role, I have continued with the Council’s goal for the Discipline Committee to work to reduce the overall number of pending hearings of discipline cases. With this mission in mind, the members of the Discipline Committee have been very active over the past several months in presiding over hearings of cases referred to it by both the Complaints and Executive committees. Discipline Committee Panels consist of three pharmacists (one of whom must also be a member of Council) and two publicly appointed members of Council. This is a formal peer review process and hearings are open to the public. In considering the cases presented, the panels strive to make orders that are fair and reasonable, based on the facts presented. In determining the fairness of the decisions, the panels consider the particular circumstances of each case and balance the need of the public to be protected with the member’s privilege to practice the profession. In reaching their decisions, the panels have the opportunity to test and interpret the profession’s standards of practice as well as further define under which of the various categories of professional misconduct in the Pharmacy Act that the offense falls. The College publishes the panels’ decisions for educational purposes, and in so doing, shares with the membership its interpretation of the professional misconduct regulations. This also serves as an additional way for the College to enable pharmacists to better understand the standards, as well as deterring members from engaging in practices that fall below the Standards of Practice. Following a finding of professional misconduct, the panel is authorized under the Health Professions Procedural Code to make an order directing the Registrar to impose specified measures to restrict the member’s practice. Available measures include suspension and/or imposition of specific terms, conditions and limitations on the member’s Certificate of Registration, including possible suspension and/or other specified terms, conditions and limitations on practice. The panel may choose to reprimand the member, impose a fine, and, in appropriate cases, require the member to pay costs that were incurred by the College in prosecuting the case. The Discipline Committee panel may ultimately direct the Registrar to revoke the member’s Certificate of Registration. However, this extreme measure is reserved only for the most serious cases wherein the member, by his/her actions or conduct, has demonstrated that he/she is ungovernable or that no other measure can adequately protect the public from his/her unsafe or unethical practice. 28 Pharmacy Connection September·October 2002
DISCIPLINE The fourteen cases published in this edition, which have been grouped according to areas of misconduct, illustrate the Committee’s efforts to broaden its use of the legislation to address the members’ actions and the consequences that resulted. In so doing, the panels have the opportunity to examine the member’s practice, as illustrated in the circumstances of the case, and to determine if deficiencies exist. This assessment enables the panel to determine whether remediation is appropriate and if restrictions on the member’s practice are warranted. Through such an assessment, the panel attempts to ensure that the member’s practice is improved or curtailed to prevent a reoccurrence of similar misconduct. While cases involving medication dispensing errors are often considered to be professional misconduct, they also present educational opportunities for members. In many cases, the underlying cause for the misconduct was assessed to be knowledge or practice-based deficiencies, therefore, the panel seeks to identify and require quality improvement measures. The Discipline Committee believes it is better able to support members in their future practice and to protect the public from harm by exercising its authority in this way. The unprecedented number of cases reported in this issue is an indication of the Committee’s level of activity to meet its goals, and does not in any way indicate a sudden increase in the number of cases that are being referred to the Committee, as the frequency of referrals remains unchanged. The Discipline Committee will continue with its accelerated activity over the next few months to consider the remaining pending cases, making appropriate orders consistent with the College’s values and mission. The Committee will also further pursue its mission to facilitate efficiencies in the process so that once the current backlog of cases has been disposed of, the Discipline Committee will make efforts to ensure that it reviews new cases expeditiously with a view of disposing of them within a few months of referral. This timely review of cases is being sought so that the objectives of procedural fairness and effectiveness are consistent with the interests of the members and the public alike. Once this has been achieved, you can expect a return to three to five cases being reported in each Pharmacy Connection. Deciding on Discipline Case 1 Falsification of Records Member: Marlien Aziz, Toronto Hearing Date: April 8, 2002 Ms. Aziz was found to have failed to maintain a standard of practice of the profession, to have failed to keep records as required respecting her patients, to have falsified a record relating to her practice, to have submitted an account or charge for services that she knew to be false or misleading, to have contravened the Pharmacy Act, the Drug and Pharmacies Regulation Act, the Regulated Health Professions Act or the regulations under those Acts, to have 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 to have engaged in conduct relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional. The Discipline Committee accepted a plea of professional misconduct pursuant to the facts alleged in the Notice of Hearing, which formed the basis of her plea. Facts: On January 13, 1998, while working at Alsalam Pharmacy, Ms. Aziz dispensed a prescription to a patient and failed to maintain the original prescription as required. She subsequently noted in the pharmacy record of dispensing that the prescription had been cancelled even though this was not the case and thereby created a false record of dispensing. In fact, the prescription was transferred to Steeles Square Pharmacy where the prescription was entered into the computer system and billed to a health insurance company Pharmacy Connection September·October 2002 29
Page 1 and 2: September/October 2002
Page 3 and 4: Contents Ontario College of Pharmac
Page 5 and 6: COUNCIL District 1 - Marie Ogilvie
Page 7 and 8: COLUMN Focus on Error Prevention Ia
Page 9 and 10: FEATURE Resource materials like the
Page 11 and 12: FEATURE Alice, Over 20 Years Practi
Page 13 and 14: FEATURE 5 Years of Della Croteau, B
Page 15 and 16: FEATURE the process, the vast major
Page 17 and 18: FEATURE Your goal is not to try to
Page 19 and 20: FEATURE Record the learning activit
Page 21 and 22: FEATURE Record the lectures, confer
Page 23 and 24: FACULTY Homecoming Celebration Onta
Page 25 and 26: BULLETIN BOARD Bulletin Board Teleh
Page 27: NOTICES HEALTH CANADA Advisories &
Page 31 and 32: DISCIPLINE a) Mr. Riad shall be pro
Page 33 and 34: DISCIPLINE copy of the prescription
Page 35 and 36: DISCIPLINE prescriptions contrary t
Page 37 and 38: DISCIPLINE that refills had been au
Page 39 and 40: DISCIPLINE 17 instances of prescrip
Page 41 and 42: DISCIPLINE 3. A condition to be pla
Page 43 and 44: DISCIPLINE Case 13 Tax Evasion Memb
Page 46 and 47: EVENTS CE Events Visit the College
Page 48 and 49: Gray’s Drugstore NAPANEE Drugstor
Page 50 and 51: CALENDAR Upcoming Events OCTOBER SU
Page 52: Volume 9, Number 5 www.ocpinfo.com

September/October 2002 - Ontario College of Pharmacists

You also want an ePaper? Increase the reach of your titles

Delete template?

Save as template?