Pharmacist suspended, fined for naloxone misconduct

“The disposition for such conduct serves as a strong deterrent and sends a clear message to both the profession and the public that the CPBC cannot and will not tolerate this type of conduct under any circumstances,” the committee concluded.

Misconduct overview

Between January 1 and August 31, 2021, Chan processed 1,646 transactions involving 28,404 doses of naloxone nasal spray. Using the personal health information and PharmaNet records of 301 patients across British Columbia, Chan dispensed all of the doses to a single individual who claimed to act as a patient representative for the patients named in the records.

Chan admitted to numerous violations, including:

• Failing to obtain patient consent before processing and dispensing naloxone.
• Failing to verify the identity of patients or their representatives before accessing and using their personal health information.
• Neglecting to explain the benefits and risks of naloxone to patients, as required by professional standards.
• Collecting personal health information without ensuring patients were aware of the collection or its purpose.
• Failing to keep PharmaNet records accurate and up-to-date.
• Operating without proper policies and procedures to ensure compliance with legislative requirements.
• Failing to avoid conflicts of interest that compromised his professional judgment.

In addition, during the investigation, Chan submitted an altered prescription to the CPBC, falsely indicating he had consulted with the person to whom the naloxone had been dispensed.

The Ontario government has announced plans to expand pharmacists’ role in healthcare by broadening their knowledge and further honing their skills to provide healthcare.

Disciplinary actions for pharmacist

The CPBC's Inquiry Committee determined that Chan’s actions constituted significant professional misconduct and imposed several penalties aimed at preventing recurrence and serving as a deterrent to others in the profession. These include:

• Six-month suspension: Chan will be prohibited from practicing as a pharmacist for six months, starting on an agreed-upon date.
• Role restrictions: For three years following his suspension, Chan cannot act as a pharmacy manager, supervise pharmacy students, or own a pharmacy.
• Mandatory training: Before resuming a managerial role, Chan must complete a pharmacy manager training program and ensure any pharmacy he manages has policies on patient identification, informed consent, and naloxone dispensing.
• Educational requirements: Chan must complete multiple courses covering decision-making, documentation, cultural safety, and anti-Indigenous racism in healthcare. He must also review relevant laws and guidelines governing pharmacy practice in B.C.
• Exams and ethical training: Chan must pass the CPBC’s jurisprudence exam and complete the PROBE Canada program on professional ethics.
• Written reflection: Chan is required to submit a statement describing his learnings from the coursework and how he will implement changes to his practice.
• Financial enalty: In addition to the $20,000 fine, Chan will cover the costs of his required training and examinations.
• Reprimand: Chan will receive a formal letter of reprimand from the CPBC.

The Pharmacy Association of Nova Scotia (PANS) has launched a campaign aimed at battling the harassment of pharmacy professionals in the province.