July ⢠August 2003 - Ontario College of Pharmacists
July ⢠August 2003 - Ontario College of Pharmacists
July ⢠August 2003 - Ontario College of Pharmacists
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DISCIPLINE<br />
DISCIPLINE<br />
regulations there under<br />
• Engaged in conduct or performed an act relevant to the<br />
practice <strong>of</strong> pharmacy that, having regard to all the circumstances<br />
would reasonably be regarded by members as<br />
disgraceful, dishonorable or unpr<strong>of</strong>essional<br />
The following Agreed Statement <strong>of</strong> Fact formed the<br />
basis <strong>of</strong> Mr. Nathwani’s admission <strong>of</strong> pr<strong>of</strong>essional misconduct.<br />
Facts<br />
Mr. Nathwani was the owner, designated manager and<br />
dispensing pharmacist <strong>of</strong> Northfield Pharmacy. Through a<br />
series <strong>of</strong> random provider service audits, Green Shield<br />
discovered that claims were being submitted by Mr. Nathwani’s<br />
pharmacy, and paid by Green Shield, when no<br />
medication was actually provided to the patients. Green<br />
Shield provided subscriber confirmation letters from<br />
patients who denied receiving prescriptions related to<br />
claims made in their name by Northfield Pharmacy.<br />
The <strong>College</strong> contacted two <strong>of</strong> the eight patients in question<br />
who verified that they did not receive the medication as<br />
claimed by Northfield Pharmacy. The <strong>College</strong> also met with<br />
a physician who denied prescribing three prescriptions<br />
attributed to her by Northfield Pharmacy.<br />
Reasons<br />
The Committee considered the undisputed fact that Mr.<br />
Nathwani’s conduct was a deliberate attempt to defraud a<br />
third-party insurer and to create records to cover up the<br />
fraud. The misconduct occurred over a 10-month period <strong>of</strong><br />
time and involved 34 prescriptions, eight subscribers and a<br />
total <strong>of</strong> $1,438.83. Mr. Nathwani did not provide the<br />
Committee with any explanation for his conduct other than<br />
to express shame and regret.<br />
In concluding that the penalty is fair, reasonable and<br />
consistent, the Committee considered that Mr. Nathwani<br />
had no prior discipline record, as well as the fact<br />
that its penalty affirms the seriousness <strong>of</strong> Mr. Nathwani’s<br />
misconduct in a real and immediate sense. At the same<br />
time, the penalty provides Mr. Nathwani with an opportunity<br />
to rehabilitate while also providing necessary<br />
public protection.<br />
Order<br />
1. A reprimand<br />
2. Specified terms, conditions and limitations on Mr. Nathwani’s<br />
Certificate <strong>of</strong> Registration, and in particular, that<br />
Mr. Nathwani complete successfully, at his own expense,<br />
within 12 months <strong>of</strong> the date <strong>of</strong> this order, the OCP<br />
Jurisprudence Seminar as well as remedial training in<br />
the following courses and evaluations from the Canadian<br />
Pharmacy Skills Program: “Law Lesson 2 – The<br />
Regulation <strong>of</strong> Pharmacy Practice”, “Law Lesson 4 – Standards<br />
<strong>of</strong> Practice”, and “Law Lesson 7 – Pr<strong>of</strong>essional<br />
Liability”<br />
3. A six-month suspension <strong>of</strong> Mr. Nathwani’s Certificate<br />
<strong>of</strong> Registration<br />
4. Additional specified terms, conditions and limitations<br />
on Mr. Nathwani’s Certificate <strong>of</strong> Registration, and in<br />
particular that, for a period <strong>of</strong> one year following the<br />
completion <strong>of</strong> his suspension, (December 01, <strong>2003</strong> –<br />
November 30, 2004):<br />
i) Mr. Nathwani is prohibited from having any proprietary<br />
interest in a pharmacy, in any capacity<br />
ii) Mr. Nathwani cannot act as a designated manager<br />
in any pharmacy<br />
iii) Mr. Nathwani must inform all employers in a pharmacy<br />
setting <strong>of</strong> the full details <strong>of</strong> the decision <strong>of</strong> the<br />
Discipline Committee and ensure that they<br />
confirm their information with the <strong>College</strong> directly<br />
iv) Mr. Nathwani’s employment remuneration shall be<br />
based only on hourly or weekly rates and his<br />
employer(s) are to confirm this arrangement in<br />
writing with the <strong>College</strong><br />
5. Costs to the <strong>College</strong> in the amount <strong>of</strong> $3,000<br />
Pharmacy Connection <strong>July</strong> • <strong>August</strong> <strong>2003</strong> 37