July • August 2003 - Ontario College of Pharmacists

DISCIPLINE
DISCIPLINE
Order
1. A reprimand
2. Specified terms, conditions and limitations on Mr.
Friesen’s Certificate of Registration, and in particular,
that he attend at and participate in the education
program, “Confronting Medication Errors”, offered by the
Ontario Pharmacists’Association, including: “Module 1,
Understanding the Issues and Dealing with Incidents” and
“Module 2, Taking Action to Improve Patient Safety”
3. One month’s suspension of Mr. Friesen’s Certificate of
Registration, the suspension to be remitted on condition
that Mr. Friesen complete the remedial training exercise
specified above
4. Costs to the College in the amount of $2,500
Charging an Excessive Fee
CASE 4
Member: Abe Kucyi, Toronto
Hearing Date: April 24, 2003
Mr. Kucyi was found to have:
• Charged a fee that is excessive in relation to the service
provided
• Engaged in conduct or performed an act relevant to the
practise of pharmacy that, having regard to all the circumstances,
would reasonably be regarded by members as
disgraceful, dishonourable or unprofessional
The following Agreed Statement of Fact formed the
basis of Mr. Kucyi’s admission of professional misconduct.
The Facts
Mr. Kucyi dispensed Lupron Depot Ampkits® (3.75 mg) to
a patient on eight occasions and the total cost of each of
these transactions ranged between $431.84 and $461.09.
Mr. Kucyi advised the College that for “about one
year”, his pharmacy’s pricing policy was a dispensing fee of
$11.99 with a mark-up of 30 per cent, regardless of cost.
Six of the eight dispensing fees charged to the
complainant were $12.68, not $11.99. Moreover, for the
seven transactions for which drug supplier invoices were
produced for the College by Mr. Kucyi the “mark-ups”
ranged from about 30 per cent to 47 per cent.
Reasons
In accepting the Joint Submission on Penalty, the
committee considered the fact that Mr. Kucyi cooperated
with the College and entered a plea of guilty, saving the
time and expense of a lengthy hearing. The Committee also
noted that Mr. Kucyi has a prior disciplinary record from
August 26, 1999, which also involved overcharging for
prescriptions.
Order
1. A reprimand
2. One month’s suspension of Mr. Kucyi’s Certificate of
Registration
3. Costs to the College in the amount of $6,000
Insurance Fraud
CASE 5
Member: Harit Kumar Nathwani, Waterloo
Hearing Date: April 24, 2003
Mr. Nathwani was found to have:
• Failed to maintain a standard of practice of the profession
• Failed to keep patient records as required
• Falsified a record relating to his practice
• Signed or issued in his professional capacity, a document
that he knew to contain a false or misleading statement
• Submitted an account or charge for services that he knew
was false or misleading
• Breached the Drug and Pharmacies Regulation Act and
continued on page 37
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