Notice of Hearing - Ontario College of Pharmacists

IN THE MATTER of the Regulated Health Professions Act, 1991, S.O. 1991, c.
18, as amended, and the Health Professions Procedural Code;
AND IN THE MATTER of the Pharmacy Act, 1991, S.O. 1991, c.36, as
amended;
AND IN THE MATTER of the Drug and Pharmacies Regulation Act, R.S.O.
1990, c.H.4, as amended;
AND IN THE MATTER of allegations of professional misconduct and/or
incompetence referred by the Inquiries, Complaints and Reports Committee to
the Discipline Committee of the Ontario College of Pharmacists;
NOTICE OF HEARING
TO: Said Attalla
[address]
AND TO:
Howard C. Rubel
Heller, Rubel Barristers
The Richmond-Adelaide Centre
120 Adelaide Street West, Suite 1902
Toronto, ON M5H 1T1
Counsel for Said Attalla
TAKE NOTICE THAT it is alleged that:
1.
You committed an act or acts of professional misconduct as provided by
subsection 51(1)(c) of the Health Professions Procedural Code of the Pharmacy
Act, 1991, S.O. 1991, c. 36, as amended, and subsection 1(2) of Ontario
Regulation 681/93, as amended, in that, from on or about April 1, 2009 to on or
about April 11, 2011, while engaged in the practice of pharmacy as director,
shareholder, Designated Manager and/or dispensing pharmacist at Rathburn
Pharmacy in Mississauga, Ontario, you failed to maintain a standard of practice
of the profession with respect to:
(a)
submitting accounts or charges for services that you knew were
false or misleading to the Ontario Drug Benefit program for one or
more of the drugs and/or products listed in Appendices A, B, C, D,
E, G and/or H;
2
(b)
falsifying pharmacy records relating to your practice in relation to
claims made to the Ontario Drug Benefit program for one or more
of the drugs and/or products listed in Appendices A, B, C, D, E, G
and/or H;
(c)
dispensing Schedule 1 and/or Schedule F drugs, controlled drugs,
narcotics, and/or targeted substances without a prescription and/or
proper authorization, as listed in Appendices B, C, D, E, G and/or
H;
(d)
recording authorizations for prescriptions and/or refills of
prescriptions where no such authorization was given as listed in
Appendices B, C, D, E, G and/or H;
(e)
dispensing and/or billing for drugs not prescribed or otherwise
authorized, and/or not actually dispensed, and/or failing to keep
accurate records regarding prescriptions and dispensing
transactions, in relation to the transactions listed in Appendices A,
B, C, D, E, F, G and/or H.
2.
You committed an act or acts of professional misconduct as provided by
subsection 51(1)(c) of the Health Professions Procedural Code of the Pharmacy
Act, 1991, S.O. 1991, c. 36, as amended, and subsection 1(13) of Ontario
Regulation 681/93, as amended, in that, from on or about April 1, 2009 to on or
about April 11, 2011, while engaged in the practice of pharmacy as director,
shareholder, Designated Manager and/or dispensing pharmacist at Rathburn
Pharmacy in Mississauga, Ontario, you failed to keep records as required
respecting your patients, as listed in Appendices B, C, D, E, F, G and/or H and,
in particular, failed to:
(a)
keep prescriptions and/or prescription hard copies;
(b)
accurately record the prescriber;
(c)
keep accurate records regarding refills;
(d)
accurately document the patient to whom the prescribed medication
was dispensed; and/or
(e)
accurately document consultations with the prescriber.
3.
You committed an act or acts of professional misconduct as provided by
subsection 51(1)(c) of the Health Professions Procedural Code of the Pharmacy
Act, 1991, S.O. 1991, c. 36, as amended, and subsection 1(14) of Ontario
Regulation 681/93, as amended, in that, from on or about April 1, 2009 to on or
about April 11, 2011, while engaged in the practice of pharmacy as director,
shareholder, Designated Manager and/or dispensing pharmacist at Rathburn
Pharmacy in Mississauga, Ontario, you falsified records relating to your practice:
3
(a)
in relation to claims made to the Ontario Drug Benefit program for
one or more of the drugs and/or products listed in Appendices A, B,
C, D, E, G and/or H; and/or
(b)
with respect to recording authorizations for prescriptions and/or for
refills of prescriptions where no such authorization was given, as
listed in Appendices B C, D, E, G and/or H.
4.
You committed an act or acts of professional misconduct as provided by
subsection 51(1)(c) of the Health Professions Procedural Code of the Pharmacy
Act, 1991, S.O. 1991, c. 36, as amended, and subsection 1(15) of Ontario
Regulation 681/93, as amended, in that, from on or about April 1, 2009 to on or
about April 11, 2011, while engaged in the practice of pharmacy as director,
shareholder, Designated Manager and/or dispensing pharmacist at Rathburn
Pharmacy in Mississauga, Ontario, you signed or issued, in your professional
capacity, a document that you knew contained a false or misleading statement,
including documents:
(a)
in relation to claims made to the Ontario Drug Benefit program for
one or more of the drugs and/or products listed in Appendices A, B,
C, D, E, G and/or H; and/or
(b)
with respect to recording authorizations for prescriptions and/or for
refills of prescriptions where no such authorization was given, as
listed in Appendices B, C, D, E, G and/or H.
5.
You committed an act or acts of professional misconduct as provided by
subsection 51(1)(c) of the Health Professions Procedural Code of the Pharmacy
Act, 1991, S.O. 1991, c. 36, as amended, and subsection 1(16) of Ontario
Regulation 681/93, as amended, in that, from on or about April 1, 2009 to on or
about April 11, 2011, while engaged in the practice of pharmacy as director,
shareholder, Designated Manager and/or dispensing pharmacist at Rathburn
Pharmacy in Mississauga, Ontario, you submitted accounts or charges for
services that you knew to be false or misleading to the Ontario Drug Benefit
program for one or more of the drugs and/or products listed in Appendices A, B,
C, D, E, G and/or H.
6.
You committed an act or acts of professional misconduct as provided by
subsection 51(1)(c) of the Health Professions Procedural Code of the Pharmacy
Act, 1991, S.O. 1991, c. 36, as amended, and subsection 1(21) of Ontario
Regulation 681/93, as amended, in that, from on or about April 1, 2009 to on or
about April 11, 2011, while engaged in the practice of pharmacy as director,
shareholder, Designated Manager and/or dispensing pharmacist at Rathbum
Pharmacy in Mississauga, Ontario, you contravened the Pharmacy Act, 1991,
the Drug and Pharmacies Regulation Act, the Regulated Health Professions Act,
1991, or the regulations under those Acts, and in particular:
4
(a)
you contravened sections 155 and 156 of the Drug and Pharmacies
Regulation Act, R.S.O. 1990, c. H-4, as amended, and/or s. 2.1 of
Ontario Regulation 297/96 made thereunder, with respect to
dispensing Schedule 1 and/or Schedule F drugs, controlled drugs,
narcotics, and/or targeted substances without a prescription and/or
proper authorization, as listed in Appendices B, C, D, E, G and/or
H; in that you failed to:
(ii)
(iii)
(iv)
(v)
keep prescriptions and/or prescription hard copies;
accurately record the prescriber;
keep accurate records regarding refills;
accurately document the patient to whom the prescribed
medication was dispensed; and/or
accurately document consultations with the prescriber.
7.
You committed an act or acts of professional misconduct as provided by
subsection 51(1)(c) of the Health Professions Procedural Code of the Pharmacy
Act, 1991, S.O. 1991, c. 36, as amended, and subsection 1(22) of Ontario
Regulation 681/93, as amended, in that, from on or about April 1, 2009 to on or
about April 11, 2011, while engaged in the practice of pharmacy as director,
shareholder, Designated Manager and/or dispensing pharmacist at Rathburn
Pharmacy in Mississauga, Ontario, you contravened a federal or provincial law or
municipal by-law with respect to the distribution, sale or dispensing of any drug or
mixture of drugs, and in particular:
(a)
Sections 5 and 15(1)(b) of the Ontario Drug Benefits Act, R.S.O.
1990, c. 0.10, as amended, and/or Ontario Regulation 201/96
made thereunder, with respect to submitting claims for payment to
the Ontario Drug Benefit program where no payment was required,
and/or that you knew to be false claims, for one or more of the
drugs and/or products listed in Appendices A, B, C, D, E, G and/or
H; and/or
(b)
ss. C.01.041 and G.03.002 of the Food and Drug Regulations
C.R.C., c. 870, as amended, to the Food and Drugs Act, R.S.C.
1985, c. F-27, as amended, and/or section 31 of the Narcotic
Control Regulations, C.R.C., c. 1041, as amended, and/or s. 51 of
the Benzodiazepines and Other Targeted Substances Regulations,
S.O.R.12000-271 under the Controlled Drugs and Substances Act,
S.C. 1996, c. 19, as amended, with respect to dispensing Schedule
1 and/or Schedule F drugs, controlled drugs, narcotics, and/or
targeted substances without a prescription and/or proper
authorization, as listed in Appendices B, C, D, E, G and/or H.
8.
You committed an act or acts of professional misconduct as provided by
subsection 51(1)(c) of the Health Professions Procedural Code of the Pharmacy
Act, 1991, S.O. 1991, c. 36, as amended, and subsection 1(30) of Ontario
Regulation 681/93, as amended, in that, from on or about April 1, 2009 to on or
S
about April 11, 2011, while engaged in the practice of pharmacy as director,
shareholder, Designated Manager and/or dispensing pharmacist at Rathburn
Pharmacy in Mississauga, Ontario, you engaged in conduct or performed an act
or acts relevant to the practice of pharmacy that, having regarding to all the
circumstances, would reasonably be regarded by members of the profession as
disgraceful, dishonourable or unprofessional with respect to:
(a)
submitting accounts or charges for services that you knew were
false or misleading to the Ontario Drug Benefit program for one or
more of the drugs and/or products listed in Appendices A; B, C, D,
E, G and/or H;
(b)
falsifying pharmacy records relating to your practice in relation to
claims made to the Ontario Drug Benefit program for one or more
of the drugs and/or products listed in Appendices A, B, C, D, E, G
and/or H;
(c)
dispensing Schedule 1 and/or Schedule F drugs, controlled drugs,
narcotics, and/or targeted substances without a prescription and/or
proper authorization, as listed in Appendices B, C, D, E, G and/or
H;
(d)
recording authorizations for prescriptions and/or refills of
prescriptions where no such authorization was given, as listed in
Appendices B, C, D, E, G and/or H;
(e)
dispensing and/or billing for drugs not prescribed or otherwise
authorized, and/or not actually dispensed, and/or failing to keep
accurate records regarding prescriptions and dispensing
transactions, in relation to the transactions listed in Appendices A,
B, C, D, E, F, G and/or H.
AND TAKE FURTHER NOTICE that, under the authority of the Regulated Health
Professions Act, 1991, and the Health Professions Procedural Code, the
Discipline Committee of the Ontario College of Pharmacists ("the College") will
hold a hearing into the allegations of professional misconduct and/or
incompetence.
You are required to attend before the Discipline Committee at the Ontario
College of Pharmacists, 483 Huron Street, Toronto, Ontario, on Tuesday,
February 18, 2015 at 9:30 a.m. to set a date for a prehearing conference and/or
the hearing.
AND TAKE FURTHER NOTICE that, if you are found to have committed an act
of professional misconduct and/or to be incompetent, the Discipline Committee
may make an order, under section 51(2) of the Health Professions Procedural
Code, doing any one or more of the following:
6
(a)
directing the Registrar to revoke your certificate of registration;
(b)
directing the Registrar to suspend your certificate of registration for
a specified period of time;
(C)
directing the Registrar to impose specified terms, conditions and
limitations on your certificate of registration for a specified or
indefinite period of time;
(d)
requiring you to appear before the panel to be reprimanded;
(e)
requiring you to pay a fine of not more than THIRTY-FIVE
THOUSAND DOLLARS ($35,000.00) to the Minister of Finance;
(f)
if the act of professional misconduct was the sexual abuse of a
patient, requiring you to reimburse the College for funding provided
for that patient under the therapy and counseling program; and
(g)
if the act of professional misconduct was the sexual abuse of a
patient, requiring you to post security acceptable to the College to
guarantee the payment of any amounts you may be required to
reimburse the College for funding provided for that patient under
the therapy and counseling program.
AND TAKE FURTHER NOTICE that, if you are found to have committed an act
of professional misconduct and/or to be incompetent, the Discipline Committee
may make an order, under section 53.1 of the Health Professions Procedural
Code, requiring you to pay all or part of the costs of the College, including:
(a)
the College's legal costs and expenses;
(b)
the College's costs and expenses incurred in investigating the
matter; and
(c)
the College's costs and expenses incurred in conducting the
hearing.
AND TAKE FURTHER NOTICE that, as provided in section 42 of the Health
Professions Procedural Code, the College is required to make available or
disclose to you, at least ten days before the hearing, the written or documentary
evidence that may be relied upon by the College at the hearing, and the identity
of witnesses who may give evidence against you at the hearing, including the
identity of any expert and a copy of the expert's written report or, if there is no
written report, a written summary of the expert's evidence.
AND TAKE FURTHER NOTICE that, as provided in section 42.1 of the Health
Professions Procedural Code, you are required to disclose to the College, at
least ten days before the hearing, the identity of any expert who may give
7
evidence in your defence and a copy of the expert's written report, or if there is
no written report, a written summary of the expert's evidence.
AND TAKE FURTHER NOTICE that, as provided in Rule 11 of the Discipline
Committee Rules of Procedure of the College, you and the College are required
to disclose to each other, at least ten days in advance of the hearing, all
documents and witness statements or summaries of evidence for all witnesses
upon which you or the College may seek to rely at the hearing.
AND TAKE FURTHER NOTICE that you may be represented at the hearing by
legal counsel, or by another representative authorized by law to provide legal
services, if you so wish.
AND TAKE FURTHER NOTICE that you or your representative may call and
examine witnesses and present evidence and submissions on your behalf, and
may cross-examine witnesses called to give evidence against you as may
reasonably be required for full and fair disclosure of all matters relevant to the
issues in the hearing.
AND TAKE FURTHER NOTICE that, as provided in section 45(1) of the Health
Professions Procedural Code, the hearing that is held in this matter shall be open
to the public, subject to an order being made by the Discipline Committee
excluding the public.
AND TAKE FURTHER NOTICE that, if you do not attend at the hearing, the
Discipline Committee may proceed in your absence and you will not be entitled to
any further notice of the proceedings.
DATED at Toronto, Ontario this
7 day of 44Nuifit
I
,2015.
Marshall Molesc , R.Ph., B.Sc. (Pharm), MHA
Registrar
Ontario College of Pharmacists
8
APPENDIX
Legal counsel representing the Ontario College of Pharmacists in this matter is:
WeirFoulds LLP
Barristers and Solicitors
Suite 4100
66 Wellington Street West
Toronto-Dominion Centre
Toronto, ON M5K1B7
Jill Dougherty
Tel:
(416) 365-1110
Fax: (416) 365-1876
If you wish to schedule a date for a hearing or a prehearing conference without
the necessity of attending at the College on the date set out above, please
contact Ms. Dougherty directly.
Documents and reports which will be given as evidence at the hearing may be
examined during normal business hours by arrangement with Ms. Dougherty.
You may make photocopies of documents and reports which will be given in
evidence at the hearing. You will be required, however, to reimburse the costs of
photocopying at the time any copies are made.
9
Appendix "A"
Drugs and Products
Advair 250mcg Inhaler
Advair 500mcg Diskus
Dovobet Ointment
Elocom 0.1% Cream
Flovent HFA 250mcg Inhaler
Protopic 0.03% Ointment
Seroquel XR 300mg Tablets
Seroquel XR 400mg Tablets
Spiriva 18mcg Capsules
Voltaren 0.1% Solution
10
Appendix "B"
Medications purportedly dispensed to the Member with [Physician 1] documented as the
prescriber
Dispensing Date
Shown
October 29, 2008
October 31, 2008
December 12, 2008
January 30, 2009
January 31, 2009
February 7, 2009
March 7, 2009
April 22, 2009
July 3, 2009
July 29, 2009
August 21, 2009
September 19, 2009
September 23, 2009
September 30, 2009
October 21, 2009
Prescription No.
792210
792337
795532
799251
799352
799351
799918
802041
802040
805481
810996
813130
813129
813140
814758
814775
814757
814768
816989
816991
816990
817003
817001
817249
817783
819349
819348
819355
819351
819362
819353
819358
Medication
Xatral 10mg
Xatral 1 Orng
Apo-Azithromycin 250nng
Xatral 10nng
Ezetrol 10mg
Rivotril 0.5mg
MacroBID 100mg
Apo-Clonazepann 0.5mg
Ezetrol 10mg
Xatral 10mg
Sandoz Alfuzosin 10mg
Apo-Clonazepam 0.5mg
Ezetrol 10mg
Sandoz Alfuzosin 10mg
Apo-Clonazepam 0.5mg
Apo-Salvent 100mcg
Ezetrol 10mg
Sandoz Alfuzosin 10mg
Apo-Azithromycin 250mg
Apo-Clonazepam 0.5mg
Ezetrol 10mg
Apo-Salvent 100mcg
Sandoz Alfuzosin 10mg
MacroBID 100mg
Apo-Lorazepam lmg
Apo-Azithromycin 250mg
Apo-Clonazepam 0.5nng
Apo-Lorazepam 1nng
Ezetrol 10mg
Apo-Salvent 100mcg
MacroBID 100mg
Sandoz Alfuzosin 10mg
11
November 18, 2009
December 23, 2009
January 23, 2010
February 1,2010
February 19, 2010
March 18, 2010
April 14, 2010
821663
821668
821665
821671
824653
824658
824655
824661
826947
826952
826949
826955
827610
827611
827612
Apo-Clonazepam 0.5mg
Apo-Lorazepam 1mg
Ezetrol 10mg
Sandoz Alfuzosin 10mg
Apo-Clonazepam 0.5mg
Apo-Lorazepam 1 mg
Ezetrol 10mg
Sandoz Alfuzosin 10nng
Apo-Clonazepam 0.5mg
Apo-Lorazepam lmg
Ezetrol 10mg
Sandoz Alfuzosin 10nng
Apo-Azithromycin 250mg
MacroBID 100mg
Protopic 0.1% Ointment
829162
829167
829164
829170
831342
831347
831344
831337
831350
831338
Apo-Clonazepam 0.5mg
Apo-Lorazepam 1mg
Ezetrol 10mg
Sandoz Alfuzosin 10mg
Apo-Clonazepam 0.5mg
Apo-Lorazepam lmg
Ezetrol 10ring
MacroBID 100mg
Sandoz Alfuzosin 10mg
Protopic 0.1% Ointment
833175
833180
833168
833170
833177
833183
833171
Apo-Clonazepam 0.5mg
Apo-Lorazepam 1mg
Apo-Salvent 100mcg
MacroBID 100mg
Ezetrol 10mg
Sandoz Alfuzosin 10mg
Protopic 0.1% Ointment
12
May 14, 2010
835782
835787
835775
835784
835777
835790
835778
Apo-Clonazepam 0.5mg
Apo-Lorazepam lmg
Apo-Salvent 100mcg
Ezetrol 10mg
MacroBID 100mg
Sandoz Alfuzosin 10mg
Protopic 0.1% Ointment
June 16, 2010
838540
838545
838533
838542
838535
838536
Apo-Clonazepam 0.5mg
Apo-Lorazepam lmg
Apo-Salvent 100mcg
Ezetrol 10nng
MacroBID 100mg
Protopic 0.1% Ointment
June 28, 2010
July 14, 2010
839414
840664
840659
840671
840662
840669
840668
Sandoz Alfuzosin 10mg
Apo-Clonazepam 0.5mg
Apo-Lorazepam lmg
Apo-Salvent 100mcg
Ezetrol 10nng
MacroBID 100mg
Protopic 0.1% Ointment
843332
843324
843319
843331
843312
843322
843329
N137211
843328
Apo-Alfuzosin 10mg
Apo-Clonazepam 0.5mg
Apo-Lorazepam lmg
Apo-Salvent 100mcg
Apo-Azithromycin 250mg
Ezetrol 10nng
MacroBID 100mg
Ratio-Oxycocet
Protopic 0.1% Ointment
845848
845835
845840
845847
845838
845845
845844
Apo-Alfuzosin 10mg
Apo-Lorazepam 1mg
Apo-Clonazepam 0.5mg
Apo-Salvent 100mcg
Ezetrol 10mg
MacroBID 100mg
Protopic 0.1% Ointment
August 18, 2010
September 15, 2010
13
October 13, 2010
848529
848516
848521
848528
848519
848526
848525
Apo-Alfuzosin 10mg
Apo-Lorazepam 1nrig
Apo-Clonazepam 0.5mg
Apo-Salvent 100mcg
Ezetrol 10mg
MacroBID 100mg
Protopic 0.1% Ointment
November 3, 2010
November 22, 2010
850655
852071
852059
852063
852070
852068
852067
Tecta 40mg
Apo-Alfuzosin 10mg
Apo-Lorazepam 1mg
Apo-Clonazepam 0.5mg
Apo-Salvent 100mcg
MacroBID 100mg
Protopic 0.1% Ointment
December 19, 2010
854727
854706
854715
854719
854726
854724
854707
854723
Apo-Alfuzosin 10mg
Apo-Azithromycin 250mg
Apo-Lorazepam 1mg
Apo-Clonazepam 0.5mg
Apo-Salvent 100mcg
MacroBID 100mg
Tecta 40mg
Protopic 0.1% Ointment
January 19, 2011
857346
857325
857334
857338
857345
857324
857343
857342
Apo-Alfuzosin 10mg
Apo-Azithrornycin 250mg
Apo-Lorazepam lmg
Apo-Clonazepam 0.5mg
Apo-Salvent 10Orncg
Ezetrol 10mg
MacroBID 100mg
Protopic 0.1% Ointment
857326
Tecta 40mg
14
February 16, 2011
March 13, 2011
April 8, 2011
859608
859587
859596
859600
859607
859586
859605
859604
859588
861955
861947
861943
861934
861954
861933
861952
861951
861935
864350
864329
864342
864338
864349
864328
864347
864330
864346
Apo-Alfuzosin 10mg
Apo-Azithromycin 250nng
Apo-Lorazepam 1mg
Apo-Clonazepam 0.5mg
Apo-Salvent 100mcg
Ezetrol 10mg
MacroBID 100ring
Protopic 0.1% Ointment
Tecta 40mg
Apo-Alfuzosin 10mg
Apo-Clonazepam 0.5mg
Apo-Lorazepam lmg
Apo-Azithromycin 250nng
Apo-Salvent 100mcg
Ezetrol 10mg
MacroBID 100nng
Protopic 0.1% Ointment
Tecta 40mg
Apo-Alfuzosin 10mg
Apo-Azithromycin 250nng
Apo-Clonazepam 0.5mg
Apo-Lorazepam lmg
Apo-Salvent 100mcg
Ezetrol 10mg
MacroBID 100mg
Tecta 40mg
Protopic 0.1°/0 Ointment
15
Medications purportedly dispensed to the Member with
prescriber
[Physician 2]
documented as a
Dispensing Date Shown
Drug
26-Dec-09
18-Mar-1 0
14-Apr-1 0
14-May-10
16-Jun-1 0
14-Jul-1 0
18-Aug-10
15-Sep-10
13-0ct-1 0
22-Nov-10
19-Dec-10
19-Jan-11
16-Feb-11
13-Mar-11
8-Apr-11
Apo-Ciindamycin
Apo-Ciindamycin
Apo-Ciindamycin
Apo-Ciindamycin
Apo-Ciindamycin
Apo-Ciindamycin
Apo-Ciindamycin
Apo-Ciindamycin
Apo-Ciindamycin
Apo-Ciindamycin
Apo-Ciindamycin
Apo-Ciindamycin
Apo-Ciindamycin
Apo-Ciindamycin
Apo-Ciindamycin
16
Appendix "C"
Medications purportedly dispensed to
Dispensing Date
Shown
December 27, 2010
January 4, 2011
January 15, 2011
January 19, 2011
January 26, 2011
February 2, 2011
February 12, 2011
February 19, 2011
[Patient 1]
with
[Physician 3]
Medication
Seroquel XR 50mg
Seroquel XR 50mg
Apo-Giiclazide MR 30mg
Apo-Acetaminophen 325mg
Tecta 40mg
Nitro Our 0.4mg
Seroquel XR 50mg
Apo-Giiclazide MR 30mg
Apo-Acetaminophen 325mg
Tecta 40mg
Seroquel XR 50mg
Apo-Giiclazide MR 30mg
Apo-Acetaminophen 325mg
Tecta 40mg
Seroquel XR 50mg
Apo-Giiclazide MR 30mg
Apo-Acetaminophen 325mg
Tecta 40mg
Seroquel XR 50mg
Apo-Giiclazide MR 30mg
Apo-Acetaminophen 325mg
Tecta 40mg
Nitro Our 0.4mg
Seroquel XR 50mg
Apo-Giiclazide MR 30mg
Apo-Acetaminophen 325mg
Tecta 40mg
Cipralex 20 mg
Seroquel XR 50mg
Apo-Giiclazide MR 30mg
Apo-Acetaminophen 325mg
Tecta 40mg
documented as the prescriber
Rx No.
855310
855791
855794
855797
855811
856982
856984
856987
856990
857004
857303
857306
857309
857323
857849
857852
857855
857869
858385
858388
858391
858405
859334
859336
859339
859342
859356
859355
859780
859783
859786
859800
17
February 25, 2011
February 28, 2011
Seroquel XR 50mg
Apo-Gliclazide MR 30mg
Apo-Acetaminophen 325mg
Tecta 40mg
Seroquel XR 50mg
860335
860338
860341
860355
860666
860690
860663
860687
860660
860684
860646
860670
860668
860692
Apo-Gliclazide MR 30mg
Apo-Acetaminophen 325mg
Tecta 40mg
Nitro Dur 0.4mg
One Touch Strips
Dispensing Date Shown
December 27,
January 15,
February 12,
February 28,
February 28,
2010
2011
2011
2011
2011
Rx No.
855307
856981
859333
860669
860693
Elavil
Dispensing Date Shown
January 5,
January 15,
January 19,
January 26,
February 2,
February 12,
February 19,
February 25,
February 28,
2011
2011
2011
2011
2011
2011
2011
2011
2011
Rx No.
855795
856988
857307
857853
858389
859340
859784
860339
860662
860686
18
Seroquel XR 300mq and Detrol 2mq
Dispensing Date Shown
May 22,
August 15,
November 17,
December 23,
January 23,
February 19,
March 18,
May 7,
July 7,
September 22,
September 29,
October 6,
Medication
2009
2009
2009
2009
2010
2010
2010
2010
2010
2010
2010
2010
Seroquel XR 300mg
Seroquel XR 300mg
Seroquel XR 300mg
Seroquel XR 300mg
Seroquel XR 300mg
Seroquel XR 300mg
Seroquel XR 300mg
Seroquel XR 300mg
Seroquel XR 300mg
Seroquel XR 300mg
Seroquel XR 300mg
Detrol 2mg
Seroquel XR 300rng
October 13, 2010
Detrol 2mg
Seroquel XR 300nrig
Detrol 2mg
Detrol 2mg
Detrol 2mg
Detrol 2nrig
Detrol 2rng
Detrol 2mg
Detrol 2mg
Detrol 2mg
Detrol 2mg
Detrol 2mg
Detrol 2mg
Detrol 2mg
Detrol 2mg
Detrol 2mg
Detml 2mg
Detrol 2mg
Detrol 2nng
October 20,
October 27,
November 3,
November 22,
December 1,
December 8,
December 19,
December 27,
January 4,
January 15,
January 19,
January 26,
February 2,
February 12,
February 19,
February 25,
February 28,
2010
2010
2010
2010
2010
2010
2010
2010
2011
2011
2011
2011
2011
2011
2011
2011
2011
19
Teva-Domperidone
Dispensing Date Shown
January 4,
January 15,
January 26,
February 2,
February 12,
February 19,
February 25,
February 28,
2011
2011
2011
2011
2011
2011
2011
2011
Rx No.
855803
856996
857861
858397
859348
859792
860347
860654
860678
20
Appendix "D"
Medications purportedly dispensed to
documented as the prescriber
[Patient 2]
,
[Patient 3]
and
[Patient 4]
with [Physician 1]
Dispensing Date Shown
Drug
1-Dec-08
12-Dec-08
7-Mar-09
1-Feb-1 0
18-Mar-10
18-Mar-10
14-Apr-1 0
21-Apr-10
5-May-1 0
5-May-1 0
5-May-10
16-Jun-10
16-Jun-1 0
Apo-Azithromycin 250mg
Apo-Azithromycin 250mg
Apo-Azithromycin 250mg
Biaxin XL 500mg
Biaxin XL 500mg
TobraDex 0.3% suspension
Biaxin XL 500mg
Biaxin XL 500mg
Biaxin XL 500mg
TobraDex 0.3% suspension
Arthrotec 75mg
Arthrotec 75mg
TobraDex 0.3% suspension
1-Dec-08
12-Dec-08
Apo-Azithromycin 250mg
Apo-Azithromycin 250mg
1-Dec-08
12-Dec-08
Apo-Azithromycin 250mg
Apo-Azithromycin 250mg
[Patient 2]
[Patient 3]
[Patient 4]
21
Appendix "E"
Medications purportedly dispensed to
the prescriber
Dispensing Date
Shown
09-Jan-09
28-0ct-09
17-Nov-09
23-Dec-09
23-Jan-10
26-May-10
[Patient 5]
with
[Physician 3]
documented as
Drug
Eltroxin 0.1 mg
Eltroxin 0.1 mg
Depo-Medrol 80mg/ml
Eltroxin 0.1mg
Depo-Medrol80mg/ml
Eltroxin 0.1 mg
Depo-Medrol80mg/ml
Eltroxin 0.1 mg
Eltroxin 0. 1mg
Flo vent 250mcg Inhaler
Methylprednisolone Acetate 80mg/ml
22
Appendix "F"
[Patient 1]
Medications purportedly dispensed to
,
and verified by [Physician 4] as the prescriber
Dispensing Date Shown
[Patient 3]
and
[Patient 4]
, attributed to
Drug
[Patient 1]
18-Mar-1 0
[Patient 3]
28-Apr-10
17-Jul-1 0
Apo-Cephalex 500mg
Ape-Fluconazole 150mg
Ratio-Ondansetron 8mg
18-Aug-1 0
18-AuQ-1 0
Euro-Fer 300mg
Sandoz Azithromycin 200mg
18-Sep-10
29-Sep-1 0
Apo-Ciproflox
Apo-Ciproflox
.
[Patient 4]
23
Appendix "G"
Claims attributed to [Physician 5]
Dispensing Date Shown
RxNo.
13-Mar-11
861770
861904
861778
861864
861777
861766
861768
861767
861865
861772
861774
861775
861769
861773
861780
861866
861765
861905
861906
861771
864297
864257
864258
864023
864259
864298
864299
8-Apr-11
24
Appendix "H"
Medications purportedly dispensed to
prescriber1
with
[Physician 4]
documented as the
Dispensing Date Shown
Medication
17-Nov-09
Apo-Hydro 25mg
Crestor 1Omg
Apo-Hydro 25mg
Crestor 1Omg
Apo-Hydro 25mg
Crestor 1Omg
Apo-Hydro 25mg
Crestor 1Omg
Apo-Hydro 25mg
Crestor 1Omg
Apo-Hydro 25mg
Crestor 1Omg
Apo-Hydro 25mg
Apo-Hydro 25mg
Apo-Hydro 25mg
Apo-Hydro 25mg
Apo-Hydro 25mg
Apo-Quetiapine 25mg
Apo-Hydro 25mg
Apo-Quetiapine 25mg
Apo-Hydro 25mg
Apo-Quetiapine 25mg
Apo-Hydro 25mg
Apo-Quetiapine 25mg
Apo-Hydro 25mg
Apo-Quetiapine 25mg
Apo-Hydro 25mg
Apo-Quetiapine 25mg
Apo-Hydro 25mg
Apo-Quetiapine 25mg
Apo-Hydro 25mg
Apo-Quetiapine 25mg
Sandoz Ondansetron 8mg
23-Dec-09
23-Jan-1 0
19-Feb-10
18-Mar-1 0
7-May-10
7-Jul-10
18-Sep-1 0
22-Sep-1 0
29-Sep-1 0
6-0ct-1 0
13-0ct-1 0
20-0ct-10
27-0ct-10
3-Nov-1 0
22-Nov-1 0
1-Dec-10
8-Dec-1 0
1
[Patient 1]
not verified by [Physician 4] and subsequently attributed to/confirm ed by [Physician 3]
25
19-Dec-10
27-Dec-10
4-Jan-11
15-Jan-11
19-Jan-11
26-Jan-11
2-Feb-11
12-Feb-11
19-Feb-11
25-Feb-11
28-Feb-11
Apo-Hydro 25mg
Apo-Quetiapine 25mg
Sandoz Ondansetron 8mg
Apo-Hydro 25mg
Sandoz Ondansetron 8mg
Apo-Quetiapine 25mg
Apo-Hydro 25mg
Apo-Quetiapine 25mg
Apo-Hydro 25mg
Apo-Quetiapine 25mg
Apo-Hydro 25nng
Apo-Quetiapine 25nng
Sandoz Ondansetron 8nng
Apo-Hydro 25nng
Apo-Quetiapine 25mg
Apo-Hydro 25mg
Apo-Quetiapine 25mg
Apo-Hydro 25mg
Apo-Quetiapine 25mg
Sandoz Ondansetron 8mg
Apo-Hydro 25mg
Apo-Quetiapine 25mg
Apo-Hydro 25mg
Apo-Quetiapine 25mg
Apo-Hydro 25mg
Apo-Quetiapine 25mg
Sandoz Ondansetron 8mg
IN THE MATTER of the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as amended, and the Health
Professionals Procedural Code;
AND IN THE MATTER of the Pharmacy Act, 1991, S.O. 1991, c.36, as amended;
AND IN THE MATTER of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c.H.4, as amended;
AND IN THE MATTER of allegations of professional misconduct and/or incompetence referred by the Inquiries, Complaints
and Reports Committee to the Discipline Committee of the Ontario College of Pharmacists;
NOTICE OF HEARING
LLP
Barristers and Solicitors
Suite 4100
66 Wellington Street West
Toronto-Dominion Centre
Toronto, ON M5K1B7
WEIRFOULDS
Jill Dougherty
Tel: (416) 365-1110
Fax: (416) 365-1876
Counsel for the Ontario
College of Pharmacists