Recent Decisions

Summaries of Adjudication Tribunal Decisions

as per the Policy on Publication of Notices of Hearing and Adjudication Tribunal Decisions

Date Registrant Decision
November 13, 2015 No-Name Basis On November 2, 2015, an adjudication tribunal of the disciplinary panel of the Newfoundland and Labrador Pharmacy Board accepted an Agreed Statement of Facts, an Admission Statement and a Joint Submission on disciplinary measures, all of which had been agreed to by the Pharmacist and the Registrar of the Board.

In the Agreed Statement of Facts, it was agreed that as a result of an inventory check conducted by the pharmacy owner in July 2015, it was discovered that a significant quantity of narcotics and controlled drugs were missing from the Pharmacy. The Respondent acknowledged that he stole and ingested the majority of the missing drugs over the past two years due to his struggle with substance abuse and addiction. The Respondent acknowledged his problems with substance abuse and addiction as being the cause of his actions, stated that he is receiving treatment for his addiction, and that he does not plan to practice Pharmacy anymore. He also voluntarily relinquished his certificate of registration as a pharmacist to the Registrar, and generally took responsibility for his actions. He has also co-operated fully with the Board in its review and processing of the allegation, and in the complaints process.

In the Admission Statement, the Respondent pleaded guilty to violating section 35(c) of the Pharmacy Act, 2012 defining conduct deserving of sanction, By-Laws of the Newfoundland and Labrador Pharmacy Board defining Professional Misconduct, and the Code of Ethics adopted by the NL Pharmacy Board. The Adjudication Tribunal accepted the Respondent’s guilty plea and the Joint Submission on Penalty and ordered that the Respondent’s certificate of registration, which was voluntarily surrendered to the Registrar, shall remain in the possession of the Board, and shall remain suspended pending satisfaction of the conditions set out below. The Respondent shall be permitted to re-register as a pharmacist under the Act subject to the Act, Regulations and By-Laws, and all of the following conditions:

  • The respondent shall not be registered as a pharmacist and shall not return to practice in a patient care setting until he has produced from a physician of the Board’s choosing acceptable certification in writing that he is medically fit to perform the duties required of a pharmacist practicing in a patient care setting.
  • Upon any future re-registration, the pharmacist is prohibited from being a Pharmacist-in-Charge as defined in the Act for a period of five years or such other time as the Board may permit; and the pharmacist is prohibited from practicing as a sole practitioner in a licensed pharmacy and will be required to practice with another registrant of the Board, until such time as the Board may permit.
June 11, 2013 No-Name Basis On June 11, 2013, an adjudication tribunal of the disciplinary panel of the Newfoundland and Labrador Pharmacy Board accepted a guilty plea and Joint Submission on Penalty from a pharmacist. In arriving at this decision, the adjudication tribunal considered an Agreed Statement of Fact and Admission Statement signed by the pharmacist. In this Admission Statement, the pharmacist admitted having contravened provisions of the Pharmacy Act, the Pharmacy Regulations and the Standards of Pharmacy Practice regarding the facsimile transmission of prescriptions. The adjudication tribunal ordered that a reprimand be placed on the pharmacist’s file; the pharmacist pay costs in the amount of $12,000 within thirty (30) days of the decision; and the pharmacist immediately cease and desist any and all violations of the Standards of Pharmacy Practice, including those regarding the faxing of prescriptions and/or the delivery of prescriptions, as set out in the complaint.
February 27, 2013 Lloyd Bennett, Registration #81-427 On February 27, 2013, an adjudication tribunal of the disciplinary panel of the Newfoundland and Labrador Pharmacy Board accepted a guilty plea and Joint Submission on Penalty from Mr. Bennett. In arriving at this decision, the adjudication tribunal considered an Agreed Statement of Fact and Admission Statement signed by Mr. Bennett. In this Admission Statement, Mr. Bennett admitted having contravened provisions of the Pharmacy Act, various sections of the Pharmacy Regulations, the Code of Ethics, and the Food and Drugs Act Regulations. The adjudication tribunal ordered that Mr. Bennett’s licence to practise pharmacy be suspended immediately for a period of 5 years. The respondent is not permitted to work in any capacity as a pharmacist, pharmacist assistant, pharmacy technician, or in any manner relating to the practice of pharmacy in any pharmacy and shall not work in any capacity in the dispensary of any pharmacy during the period of suspension. Mr. Bennett was also ordered to pay costs incurred by the Board in an amount of $40,000.
February 27, 2013 J. Gerald Whalen, Registration #65-228 On February 27, 2013, an adjudication tribunal of the disciplinary panel of the Newfoundland and Labrador Pharmacy Board accepted a guilty plea and Joint Submission on Penalty from Mr. Whalen. In arriving at this decision, the adjudication tribunal considered an Agreed Statement of Fact and Admission Statement signed by Mr. Whalen. In this Admission Statement, Mr. Whalen admitted having contravened provisions of the Pharmacy Act, various sections of the Pharmacy Regulations, the Code of Ethics, and the Food and Drugs Act Regulations. The adjudication tribunal ordered that Mr. Whalen’s licence to practise pharmacy be suspended immediately for a period of 3 years. The respondent is not permitted to work in any capacity as a pharmacist, pharmacist assistant, pharmacy technician, or in any manner relating to the practice of pharmacy in any pharmacy and shall not work in any capacity in the dispensary of any pharmacy during the period of suspension. Mr. Whalen was also ordered to pay costs incurred by the Board in an amount of $20,000.
February 8, 2013 Derrick P. Ryan, Registration #85-547 On February 8, 2013, an adjudication tribunal of the disciplinary panel of the Newfoundland and Labrador Pharmacy Board accepted a guilty plea and Joint Submission on Penalty from Mr. Ryan. In arriving at this decision, the adjudication tribunal considered an Agreed Statement of Fact and Admission Statement signed by Mr. Ryan. In this Admission Statement, Mr. Ryan admitted having contravened provisions of the Pharmacy Act, various sections of the Pharmacy Regulations and the Code of Ethics. The adjudication tribunal ordered that Mr. Ryan be fined in an amount of $5,000.00. Mr. Ryan was also ordered to pay costs incurred by the Board. In addition, Mr. Ryan and Catalina Pharmacy will be subject to a one year period of monitoring by the Office of the Registrar of the Board.
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