Lawyer for Pharmacists (OCP)

The Ontario College of Pharmacists (OCP) regulates pharmacists in Ontario, with authority derived from legislation such as the Drug and Pharmacies Regulation Act (DPRA) and the Regulated Health Professions Act (RHPA). These regulatory systems help ensure that pharmacists are certified, licensed, and comply with the requisite professional standards expected from members of that profession. The OCP possesses the authority to investigate and penalize members of the College for professional misconduct. The goal of this is to protect the public and safeguard professional standards and expectations in the profession.

The Firm defends allegations where drugs have been dispensed improperly or sold for improper purposes by the licensee. In the Firms Case No. 9*****5 it defended a pharmacy manager belonging to a large Canadian business who was alleged to have shipped Fentanyl to a patient’s front door and left it unattended without proper dispensing or counselling standards. The matter was resolved without any finding of professional misconduct.

In a recent and significant case, Donich Law represented T.G., in its Case No. 2****2 where a pharmacist whose certificate of registration had been suspended by the Ontario College of Pharmacists (OCP)  in relation to a misconduct investigation. The Health Inquiry Panel of the Inquiries, Complaints, and Reports Committee reviewed the submissions and decided to temporarily suspend the memebrs certificate of registration under Section 62 of the Health Professions Procedural Code.

The Firm was retained to make legal submissions before the Panel. As a result, the Planel agreed to modify the interim suspension and allow the member to continue operating their business.

What will Happen if I am Reported to the OCP?

Anyone may report a pharmacist to the Ontario College of Pharmacists for alleged professional misconduct. If a report is made, either the individual or institution making the report or the OCP will notify the pharmacist. The notification will include a Notification of Appointment of Investigator, indicating the start of an inquiry.

This process needs to be impartial and transparent. The complainant and the registrant of the College will both have a chance to present their side of their story. As a pharmacist, being co-operative throughout the investigations is usually seen as a mitigating factor by the investigator.

The pharmacist should be kept up-to-date with the developments and progress of the investigation. Moreover, the investigation can last up to several years. This makes it important to promptly seek legal advice.

What should I do if I have been Wrongfully Reported to the OCP?

If you have been falsely accused of misconduct, you should make sure to vigilantly document everything and retain all evidence. Moreover, you should carefully record all relevant details that pertain to the allegations. Ideally, your records should include the dates, times, location, and the persons involved in the documentation. All forms of communication should be documented, whether it is online or in person, spoken or written, and so on.

Engaging legal advice early can assist with navigating the inquiry process, drafting relevant responses, and ensuring legal compliance. Lawyers can offer strategic legal advice to defend professional qualifications and refute false accusations. Moreover, you can work closely alongside your lawyer to craft a strategic response to the allegations supported by clear evidence.

It is a good idea to not discuss the details of this investigation or case on social media, as it can have negative implications and create rumours. Most importantly, reach out to a trusted individual for emotional support throughout this emotionally taxing incident.

What is the Role of the Investigator?

An OCP investigator gathers evidence impartially to offer to the Inquiries, Complaints, and Reports Committee. The investigator’s role should be unbiased, with an emphasis on obtaining facts rather than deciding the outcome. This means that the investigator should focus solely on fact-finding, and to not form any personal opinions or thoughts about the pharmacist’s “guilt” or “innocence”.

As part of the evidence-gathering process, the investigator’s job involves conducting interviews with a variety of stakeholders, such as the complainant, the pharmacist who is under investigation, any witnesses to the incident(s), colleagues, and any other individual who might pertinent relevant information. These interviews are carried out in a professional manner to ensure that all opinions are considered fairly.

It is important to note that the investigator is expected to maintain strict confidentiality throughout the investigation.

What is the Role of the Inquiries, Complaints, and Reports Committee (ICRC)?

The ICRC evaluates investigation findings and determines the proper course of action. If professional misconduct is suspected, the Committee may close the file, impose sanctions, or submit the case to the Discipline Committee for further investigation and consideration.

The ICRC looks into and interprets the findings of the investigation provided by the OCP. Based on these findings, the IRCR determines the appropriate course of action moving forward.

What Potential Penalties do Pharmacists Face for Misconduct?

Depending on the severity of the misconduct, the possible penalties that the College can impose might range from warnings and remediation programs to suspension or revocation of the licence. Following a thorough investigation and discipline process, the Discipline Committee sets the final decision by considering the nature, degree, and veracity of the allegations.

A formal warning or reprimand falls on the more “lenient” side of the punishments. Nonetheless, these usually stay on the pharmacists’ records and can affect future investigations negatively. Some examples of remediation programs that pharmacists might be ordered to take include ethics courses.