On November 23, 2023, and April 4, 2024, a Hearing Tribunal issued its written decisions on the merits and sanctions, respectively, regarding the conduct of a pharmacist who was found to have engaged in the sexual abuse and misconduct of a patient and in similar conduct with other patients. All the individuals were, at the times of the abuse and misconduct, also pharmacy employees of the pharmacist. The pharmacist was also found to have repeatedly consumed alcohol on the pharmacy premises, including when the pharmacy was open to patients and he was the pharmacist in charge. The Hearing Tribunal’s decisions were appealed by the pharmacist to an Appeal Panel of Council of the Alberta College of Pharmacy (ACP). In its October 2, 2024, appeal decision and its November 27, 2024, costs decision, the Appeal Panel dismissed the appeal in its entirety and ordered the pharmacist to additionally pay costs of the appeal. The pharmacist appealed to the Court of Appeal of Alberta. In its June 23, 2026, decision, the Court of Appeal dismissed the appeal and reduced the ordered costs the pharmacist is to pay.
In this matter the following significant penalties were ordered and upheld:
- the pharmacist’s practice permit and registration are cancelled, pursuant to the mandatory provision in section 82(1.1)(a) of the Health Professions Act (HPA). Note that the pharmacist’s practice permit was initially suspended on April 6, 2020, pursuant to section 65 of the HPA and he has remained out of practice since that time;
- a fine of $5,000; and
- the pharmacist to pay 75 per cent of the costs of the investigation and hearing, equal to $128,283. On appeal to an Appeal Panel of Council, the pharmacist was ordered to additionally pay 100 per cent of the appeal costs, equal to $34,986. Note that the total costs were ultimately reduced on appeal to the Court of Appeal and the pharmacist is now responsible for $73,387 in total costs.
Rationale for the Tribunal’s decision is reflected in the following statements from its April 4, 2024, decision on sanctions:
There was a significant power imbalance between [Individual A] and [the pharmacist]. She was dependent on [the pharmacist] for her livelihood and for pharmacy services for both her and her family. The power imbalance between [the pharmacist] and Individual A left her in a position where she felt she had no choice but to engage in the sexual activity if she wanted to keep her job and have access to pharmacy services in her small town.
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We found that [the pharmacist’s] conduct on or after April 1, 2019 met the definition of sexual abuse in section 1(1)(nn1)(i) of the Health Professions Act: “sexual intercourse between a regulated member and a patient of that regulated member”. We also found that [the pharmacist’s] conduct breached the College’s Standard of Practice: Sexual abuse and sexual misconduct and its Code of Ethics, the Standards of Practice for Pharmacists and Pharmacy Technicians, the Standards for the Operation of Licensed Pharmacies, the Pharmacy and Drug Act and was conduct harmful to the integrity of the profession. It was unprofessional conduct based on sexual abuse. Section 82(1.1) of the Health Professions Act mandates that the hearing tribunal order the cancellation of [the pharmacist’s] practice permit and registration with the College.
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The fine will serve as a reminder to the profession that being under the influence of substances, including alcohol, while providing professional services or while in the pharmacy that is open to the public is unprofessional and carries a risk of harm.
Pharmacy technicians and pharmacists – review your duties to our professions
- Ensure that you are fully aware of the restrictions set out in ACP’s Standards of Practice: Sexual Abuse/Sexual Misconduct. As a resource, a Q & A for these standards is available on ACP’s website.
- Ensure you are aware of, and fully compliant with, the restrictions on persons who can, and can not, be your patient. Review and comply with Standard 2.6.2 of the Standards of Practice for Pharmacists and Pharmacy Technicians. These restrictions may apply not only to family members and friends, but also to coworkers and employees. Refer to information available on ACP’s website.
- Understand that as a pharmacist or pharmacy technician, you may be in a position of power over your coworkers. This position of power amplifies when your coworker is both an employee and your patient.
- Understand the mandatory minimum sanction for a regulated member found guilty of sexual abuse is the permanent cancellation of their practice permit and registration.
- Review, discuss with your colleagues, understand, and consistently comply with the tenets of professionalism.
