The College of Pharmacists of Manitoba (the “College”) is required to govern its members in a manner that serves and protects the public interest. The Complaints Committee of the College (the “Complaints Committee”) must consider the merits of every complaint received, and the first step that it will often take is to request that the involved pharmacist, pharmacy manager or pharmacy owner provide a response to the complaint.
Complaints
In some cases, the Complaints Committee receives information that causes concern that the pharmacist’s conduct could present a serious risk to the public. In those cases, the Complaints Committee may request a response within one day or may demand a meeting with the involved pharmacist within one day. In these circumstances, the pharmacist is at risk of having their pharmacist licence suspended or of having the Complaints Committee request that the pharmacist voluntarily surrender their licence.
It is critical that pharmacists in these situations retain a lawyer with experience in professional regulatory defence to navigate them through the situation.
In all cases, the College will include a deadline for pharmacists to respond to complaints. It is imperative that a response be promptly provided – a failure to respond to the complaint itself can ground a charge of professional misconduct. A pharmacist’s lawyer will work with the pharmacist to develop an honest, fact-driven, reasonable and unemotional response to the complaint that will put the pharmacist in the best position possible.
The pharmacist should also put their professional insurance provider on notice of the complaint, and can request that their insurance cover some or all of the costs of their legal fees incurred in responding to the complaint.
At the same time as retaining legal counsel, the involved pharmacist should gather and preserve documents relevant to the complaint and should begin drafting a response to the complaint.
Once the Complaints Committee reviews the pharmacist’s response to the complaint, it can dismiss the complaint, attempt to informally resolve it with the pharmacist, censure the pharmacist after a meeting with the pharmacist, impose conditions on the pharmacist and/or refer the matter to the College’s Discipline Committee (the “Discipline Committee”), among other things.
The College is entitled to communicate directly with its members. As such, the College will sometimes request information from or meetings with pharmacists under investigation without notifying the pharmacist’s lawyer. It is critical that pharmacists under investigation keep their lawyer notified of all communications received from the College so the lawyer can advise on the substance and tone of any responses the pharmacist provides to the College.
Discipline
If the matter is referred to discipline, the pharmacist will receive a Notice of Hearing setting out the charges of professional misconduct against them, and will receive disclosure of all of the documents the Complaints Committee has in its possession that are relevant to the case.
The pharmacist’s lawyer will review the evidence against the pharmacist and advise them of their likelihood of successfully defending against the charges. The lawyer may recommend that the pharmacist plead guilty to some charges, in which case the lawyer would negotiate with the Complaints Committee’s lawyer to drop some of the charges and jointly recommend a sentence to the Discipline Committee. The pharmacist, their lawyer and the Complaints Committee’s lawyer would then appear before the Discipline Committee to plead guilty and for the joint recommendation on sentencing to be presented to the Discipline Committee.
If the charges proceed to a hearing before the Discipline Committee, evidence will be given and witnesses called to testify in support of the pharmacist’s case and in support of the Complaints Committee’s case. In some cases, experts may become involved to give expert opinions.
After the hearing, the Discipline Committee will determine if the investigated person has committed professional misconduct, conduct unbecoming a pharmacist, or demonstrated a lack of knowledge, skill, judgment or capacity to practice pharmacy or operate a pharmacy.
If the Discipline Committee finds that the investigated person has done any of those things, it may, after a sentencing hearing, reprimand the pharmacist; suspend or cancel their licences; require that the pharmacist take a course of studies, work under a preceptor or take certain counselling or treatments; place conditions on the pharmacist’s practice; and/or require them to pay a fine and costs to the College – among other things. The Discipline Committee will write a decision regarding the case, which will be posted online and in the College’s newsletter.
The purposes of these disciplinary orders include deterring the pharmacist and other pharmacists from engaging in similar conduct in the future, improving the competence of the pharmacist, rehabilitating the pharmacist, and maintaining the public’s confidence in the profession.
After the hearing, the pharmacist’s lawyer would advise them of the options available for appeal.
Key takeaways for pharmacists
It is normal to feel stressed and overwhelmed when involved in the complaint or discipline process. Retaining a lawyer with experience in professional regulatory defence will result in the investigated pharmacist being advised in an unbiased manner of their options and of likely outcomes, will ensure that all communications with the College put the pharmacist in the best light possible and will ensure that the pharmacist’s rights are respected and that the College procedure remains fair.
For more information, contact one of our Regulated Professionals team members.
Note: This article is of a general nature only and is not exhaustive of all possible legal rights or remedies. In addition, laws may change over time and should be interpreted only in the context of particular circumstances such that these materials are not intended to be relied upon or taken as legal advice or opinion. Readers should consult a legal professional for specific advice in any particular situation.
This article first appeared in Communication Journal, a publication of Pharmacists Manitoba.