A recent Hearing Tribunal issued its written decisions on the merit and orders regarding the conduct of a pharmacist who diverted drugs (including amphetamines and hypnotics) by creating false pharmacy records (including prescriptions, dispensing transaction records, and a patient profile), filled prescriptions and diverted them for personal use, and submitted false third-party insurer claims. Making the situation worse, the pharmacist failed to cooperate with the Alberta College of Pharmacy (ACP) investigation, resulting in an additional allegation of unprofessional conduct.
The Hearing Tribunal found that in this matter the pharmacist’s actions had breached his statutory and regulatory obligations to ACP, created the potential for patient harm, undermined the integrity of the profession, failed to fulfill the professional and ethical judgement expected and required of an Alberta pharmacist, and warranted serious sanctions.
The requirement for regulated members to act honestly and ethically is a fundamental part of the covenant of self-regulation. This is especially true when dealing with controlled drugs.
In this matter, the Tribunal imposed some of the most significant penalties available, including
- the pharmacist’s registration with ACP be cancelled (Note the pharmacist last practised on May 4, 2024, and he has not held an active practice permit since May 21, 2024, when his practice permit was suspended by ACP);
- a $10,000 fine to be paid within 90 days;
- a prohibition on the pharmacist serving as a pharmacy licensee, proprietor, or owner for 10 years; and
- the pharmacist to pay 100 per cent of the costs of the investigation and hearing, with a total of $28,640.
Rationale for the Tribunal’s decision is reflected in its following statements from its April 25, 2025, decision on sanctions:
- [The pharmacist’s] conduct was dishonest, deceptive, created a risk to public safety by creating false records and putting controlled drugs at risk for potential misuse. Additionally, it threatened the public’s perception of the profession’s integrity.
- A self-regulating profession must preserve the public’s trust in its integrity by holding its members accountable for their actions. [The pharmacist’s] actions severely undermine the profession’s credibility and, as such, significant consequences are necessary. The conduct in all of the allegations exceeds the range of permitted conduct for a pharmacist in Alberta. [The pharmacist] has demonstrated a recurring pattern of unprofessional behavior by diverting drugs for personal illicit use, falsifying records to conceal these actions, submitting false insurance claims, and failing to cooperate with the investigation. His actions show a clear disregard for both the core responsibilities of a pharmacist and the ethical standards governing the profession.
- Furthermore, [the pharmacist’s] proven unprofessional conduct indicates signs of being ungovernable. While not every incident of unprofessional conduct renders a pharmacist ungovernable, a pharmacist who is ungovernable cannot be effectively regulated and cannot be trusted to act in the public’s best interest. [The pharmacist’s] refusal to cooperate with the College as his regulatory body further signals his ungovernability. This supports the cancellation of his ability to practice.
Pharmacists and pharmacy technicians – incorporate these lessons into your practice
- Understand that a failure or refusal to cooperate with a practice visit, inspector, investigator, or field officer may be considered unprofessional conduct or misconduct. See section 1(1)(pp) of the Health Professions Act and sections 1(1)(p) and 21(8) of the Pharmacy and Drug Act. As a pharmacy professional, if you are not willing to comply with a request of an investigator, ACP must consider whether you can be regulated, and thus whether you should be in the profession.
- Understand that the diversion of drugs for any reason cannot and will not be tolerated by the profession. Your decision to participate in these activities may result in serious sanctions.
- Do not allow your personal circumstances to negatively affect your professional obligations.
- When an error in judgement is made, even if it is initially unintentional, do not compound that error. Take responsibility for your conduct at the earliest opportunity.
- Take yourself out of practice when you are not fit to practise.
- Seek help at the earliest opportunity. Many employers offer an employee assistance program and there are many other assessment and support services offered through Alberta Health Services and for members of the Alberta Pharmacists’ Association.
- Review, and steadfastly practise by, the principles and guidelines laid out in the Code of Ethics with regard to your responsibilities towards your patients and your profession. Principles 1 and 10 must be the foundation on which all pharmacy professionals practise.
- Review, discuss with your colleagues, understand, and consistently comply with tenets of professionalism.
