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Zhao, David (Aug 19, 2018)

Pursuant to section 36(1) of the Health Professions Act, the Inquiry Committee has reached an Agreement with David Zhao (the “Registrant”) to suspend his registration as a pharmacist for 365 consecutive days commencing September 4, 2018.

The Registrant acknowledged that between March 6, 2016 and January 18, 2017, while engaged in the practice of pharmacy as a pharmacist and pharmacy manager, he processed 526 false prescription claims to his insurance provider for reimbursement. The Registrant acknowledged that by processing false prescriptions, he also falsified pharmacy drug and inventory records.

The Registrant also acknowledged that while he was pharmacy manager, he was responsible for multiple practice deficiencies including processing prescriptions for his family members to artificially increase the pharmacy’s prescription count, engaging in a conflict of interest, and backdating prescriptions (meaning that dispensing records for these prescriptions were created on dates later than the dates on which the drugs in question were actually dispensed).

Prior to reinstatement of his registration following the suspension period, the Registrant will be required to:

  • Meet with the Inquiry Committee to discuss his reflections on his conduct and what he has learned; and
  • Complete an ethics course at his own expense.

The Registrant will also be limited from being a manager, direct owner and/or indirect owner of a pharmacy for a period of three years from the date his suspension ends (commencing September 4, 2019).

The Inquiry Committee considers this agreement necessary to protect the public, as well as send a clear message to the profession that the College does not tolerate this type of conduct. 

Phalore, Jagbir (Aug 3, 2018)

The Inquiry Committee has reviewed information that indicates Mr. Phalore’s practice is now meeting practice standards. Therefore, after reviewing and reconsidering this case, the Inquiry Committee determined that the current limits and conditions on Mr. Phalore’s practice are no longer necessary.

Limits and conditions on Mr. Phalore’s practice have now been removed.


November 29, 2016
(August 3, 2018 – Limits and conditions removed)

Pursuant to s. 35(4) of the Health Professions Act, the Inquiry Committee has determined that the limits and conditions imposed on the practice of pharmacy by Mr. Jagbir Phalore on May 16, 2016 are no longer necessary.

Pursuant to s. 36(1) of the Health Professions Act, the Inquiry Committee has reached an agreement with Mr. Phalore, effective November 29, 2016, where he undertaken to always follow certain steps in his pharmacy practice, and to disclose these undertakings to employers and potential employers. He will also be restricted from acting the following roles in his practice:

  1. Be an owner or manager of a pharmacy;
  2. Be a director of a corporation that owns a pharmacy; and
  3. Act as a preceptor.

After two years from November 29, 2016, Mr. Phalore may request that the Inquiry Committee remove the above limits and conditions, subject to a further review of the case by the Inquiry Committee.


May 16, 2016
(November 29, 2016 - Limits and conditions updated) 

The Inquiry Committee, pursuant to Section 35(1) of the Health Professions Act, R.S.B.C. 1996, c. 183, for the purposes of public protection, has imposed limits and conditions on the practice of registrant Jagbir Phalore, effective immediately, pending a Practice Audit of his pharmacy practice. Until further notice, Mr. Phalore has the following limits and conditions on his practice:

  1. At all times, he must work under the direct supervision of a BC licensed pharmacist in good standing, similar to a student/preceptor situation; 

  2. He will be restricted from acting in the following roles in his practice: :

    1. Be an owner or manager of a pharmacy;
    2. Be a director of a corporation that owns a pharmacy; and
    3. Act as a preceptor.

     

  3. Prior to the commencement of new employment at any pharmacy, he will inform every manager and employer of the pharmacy in which he gains employment of the limits and conditions on his license pursuant to this order, and will ensure that the pharmacy manager and employer submits a written statement to the College declaring their awareness of the limits and conditions and how the limits and conditions will be accommodated in the pharmacy.

The Inquiry Committee considered this action necessary to protect the public, due to its concerns regarding the registrant’s ability to practice safely and to comply with legislative requirements and practice standards in a hospital and/or community pharmacy setting.

Pharmacy Technician Registrant 2 (Jul 27, 2018)

The Inquiry Committee, pursuant to Section 32.2 of the Health Professions Act, has reached an agreement with pharmacy technician registrant to suspend her registration as a pharmacy technician for an indefinite period pending further decision of the Inquiry Committee. The Inquiry Committee considers the agreement necessary to protect the public. The pharmacist registrant's name has been withheld pursuant to 39.3(4) of the Health Professions Act

Pharmacist Registrant 34 (Jul 4, 2018)

The Inquiry Committee has reinstated pharmacist registrant’s registration which had previously be suspended for an indefinite period on February 10, 2018.  Pursuant to section 36(1) of the Health Professions Act, the Inquiry Committee has reached an Agreement with the pharmacist registrant whereby the Registrant consented to undertakings.  The undertakings include, but are not limited to:

  1. The Registrant will comply with any and all recommendations and treatment prescribed or directed by physician; and
     
  2. The Registrant will follow a regular monitoring program for medical condition for a two year period.  

The Agreement will remain in place until such time as the Registrant’s physician states otherwise. The name of the Registrant has been withheld in accordance with section 39.3(4) and (6) of the Health Professions Act for the purposes of not identifying the personal health information of the Registrant. The Inquiry Committee is satisfied that the undertakings will protect the public. 


Feb 10, 2018
(July 4, 2018 - Registration reinstated)

The Inquiry Committee, pursuant to section 36 of the Health Professions Act, has reached an Agreement with pharmacist registrant to suspend registration as a pharmacist for an indefinite period pending further decision of the Inquiry Committee. The Inquiry Committee considers the Agreement necessary to protect the public. The pharmacist registrant's name has been withheld pursuant to 39.3(4) of the Health Professions Act

Pharmacist Registrant 36 (Jun 10, 2018)

The Inquiry Committee, pursuant to section 36 of the Health Professions Act, has reached an Agreement with pharmacist registrant to suspend registration as a pharmacist for an indefinite period pending further decision of the Inquiry Committee. The Inquiry Committee considers the Agreement necessary to protect the public. The pharmacist registrant's name has been withheld pursuant to 39.3(4) of the Health Professions Act

Sanchez, Isidoro Andres “Rudy” / Marigold Compounding and Natural Pharmacy (Jun 1, 2018)

On June 1, 2018, a Panel of the Discipline Committee, pursuant to sections 39(1)(a) and 39(1)(c) of the Health Professions Act, found that Isidoro Andres “Rudy” Sanchez  of Courtenay, British Columbia, Registration No. 03593 (the "Registrant") engaged in unprofessional conduct and failed to comply with the Health Professions Act, its regulations and bylaws and the Pharmacy Operations and Drug Scheduling Act and its bylaws.

Pursuant to section 39(2) of the Health Professions Act, the Panel issued an order to immediately cancel the Registrant’s registration and for the Registrant to pays costs in the amount of $115,000.00. The Registrant will only be eligible to apply for reinstatement of registration six years following the Panel’s order and after having paid costs in full. If the Registrant’s registration is reinstated, he will not be eligible to apply for a pharmacy license or act as a pharmacy manager or director for a period of five years following reinstatement.


January 30, 2015
(June 1, 2018 - Registration Cancelled)

Pursuant to s. 33(6)(d) of the Health Professions Act, the Inquiry Committee directed the Registrar to issue a citation for a hearing by the Discipline Committee regarding Mr. Sanchez and Marigold Pharmacy.


September 26, 2014
(January 30, 2015 – Directed Registrar to issue Citation for hearing by Discipline Committee)

 

Pursuant to s. 35(1) of the Health Professions Act, [RSBC 1996] Chapter 183, the Inquiry Committee made an extraordinary order to suspend the licences of Marigold Compounding and Natural Pharmacy (“Marigold Pharmacy”) and its manager, Mr. Isidoro “Andres Rudy” Sanchez, effective September 26, 2014, pending completion of its investigation of Marigold Pharmacy.  This order was made in the interest of public safety following a large-scale investigation which raised serious concerns with respect to the pharmacy practice of Mr. Sanchez at Marigold Pharmacy, including but not limited to:

  • Manufacturing and selling prescription, over-the-counter and natural health products on site at Marigold Pharmacy without valid licences from Health Canada
  • Non-compliance with prescribed standards for pharmacy practice and pharmacy management
  • Making therapeutic and product recommendations to patients outside the scope of pharmacy practice
  • Handling and preparing placenta for encapsulation without regulatory clearance required for ensuring safety of said biologic materials
  • Failure to comply with compounding standards

This investigation is currently on-going.  Until further notice, the pharmacist licence of Mr. Sanchez as well as the licence of Marigold Pharmacy are suspended, pending completion of the investigation.

Pharmacist Registrant 23 (May 26, 2018)

The Inquiry Committee, pursuant to section 36(1) of the Health Professions Act, has reached a new Agreement with the pharmacist registrant to amend certain terms in his Agreement of March 6, 2017. The pharmacist registrant is now no longer subject to limits and conditions relating to working alone and the handling, counting, and dispensing of narcotic, controlled, opioid and sedative drugs. All other limits and conditions will remain as part of the new Agreement.


March 6, 2017
(May 26, 2018 - Limits and conditions updated)

The Inquiry Committee, pursuant to Section 36 of the Health Profession Act, has reached a new revised agreement with the pharmacist registrant, whereby the registrant consented to undertakings that include, but are not limited to:

  1. Strictly adhering to registrant’s routine medical monitoring program with the institution currently involved in registrant’s care and remaining on the monitoring program for a period of 5 years;

  2. Informing all managers and employers with whom registrant gains employment of registrant’s medical condition and the limits and conditions on registrant’s registration pursuant to the Agreement;

  3. Registrant will not work alone in a pharmacy setting, meaning that registrant must never be the sole pharmacist in attendance at any time and that there must be another pharmacist or pharmacy assistant or pharmacy staff working with registrant at all times;

  4. Registrant will not have access to narcotic-safe or physically process and/or otherwise prepare any prescriptions that require access to the narcotic safe;

  5. Registrant will not be involved in any way with ordering supplies of narcotic medications;

  6. The registrant will not physically prepare prescriptions for narcotic, controlled, opioid and sedative drugs (including but not limited to barbiturates, benzodiazepines and “z” drugs such as zopiclone, zaleplon, zolpidem and the like). In dispensing such prescriptions, the registrant will only be involved in the intake, data entry, computer processing, final check and pharmacist/patient counseling in accordance with the Health Professions Act, Bylaws; for a period of one (1) year, after which this term will be reassessed.

  7. The registrant will not dispose or deal with wastage or breakage of or otherwise handle any narcotic, controlled, opioid and sedative drugs (including but not limited to barbiturates, benzodiazepines and “z” drugs such as zopiclone, zaleplon, zolpidem and the like); for a period of one (1) year, after which this term will be reassessed.

  8. The registrant will not be restricted from acting in the role in registrant’s practice as pharmacy manager or director but he will be restricted from acting in the role in registrant’s practice as a preceptor;

  9. The registrant will notify the College, in writing or via e-mail, of:

    1. all changes in his places of employment as a pharmacist
    2. all changes in residential address and phone number; and
    3. all changes in medical provider.

This agreement will remain in place for a minimum of four years from March 6, 2017, following which the registrant will be assessed by a physician to determine whether or not continuation of monitoring is necessary. The name of the registrant has been withheld in accordance with section 39.3(4)(a) of the Health Professions Act for the purposes of not identifying the personal health information of the registrant respecting the condition. The Inquiry Committee is satisfied that the undertakings will protect the public.


JUNE 23, 2016
(MARCH 6, 2017 – LIMITS AND CONDITIONS UPDATED)

The Inquiry Committee has reinstated pharmacist registrant’s registration which had previously been suspended for an indefinite period on December 18, 2015. Pursuant to Section 36 of the Health Professions Act, the Inquiry Committee has reached an Agreement with the pharmacist registrant whereby the Registrant consented to undertakings involving regular monitoring for fitness to practice pharmacy. The undertakings include, but are not limited to:

  1. Strictly adhering to Registrant’s routine medical monitoring program with the institution currently involved in Registrant’s care and remaining on the monitoring program for a period of 5 years;

  2. Informing all managers and employers with whom Registrant gains employment of Registrant’s medical condition and the limits and conditions on Registrant’s registration pursuant to the agreement;

  3. Ensuring that all managers and employers with whom Registrant gains employment submits a written statement to the College declaring their awareness of Registrant’s medical condition and the agreement, and how they will accommodate and supervise Registrant working in pharmacy;

  4. Registrant will not work alone in a pharmacy setting, meaning that Registrant must never be the sole pharmacist in attendance at any time and that there must be another pharmacist or pharmacy assistant or pharmacy staff working with Registrant at all times;

  5. Registrant will not have access to narcotic-safe or physically process and/or otherwise prepare any prescriptions that require access to the narcotic safe;

  6. Registrant will not be involved in any way with ordering supplies of narcotic medications;

  7. For one (1) year, Registrant will not physically prepare prescriptions for narcotic, controlled, opioid and sedative drugs (including but not limited to barbiturates, benzodiazepines and “z” drugs such as zopiclone, zaleplon, zolpidem and the like). In dispensing such prescriptions, the Registrant will only be involved in the intake, data entry, computer processing, final check and pharmacist/patient counseling in accordance with the Health Professions Act, Bylaws; after which this term will be reassessed.

  8. For one (1) year, Registrant will document the steps taken for dispensing narcotic and controlled drugs and ensure that Registrant’s peer co-signs the document to show compliance with the restrictions set forth in item 7; after which this term will be reassessed.

  9. For one (1) year, Registrant will not dispose or deal with wastage or breakage of or otherwise handle any narcotic, controlled, opioid and sedative drugs (including but not limited to barbiturates, benzodiazepines and “z” drugs such as zopiclone, zaleplon, zolpidem and the like); after which this term will be reassessed.

  10. The Registrant will be restricted from acting in the following roles in Registrant’s practice:
    1. an owner or manager of a pharmacy;
    2. a director of a corporation that owns a pharmacy; and
    3. a preceptor;

     

  11. The Registrant will notify the College, in writing or via e-mail, of:
    1. all changes in his places of employment as a pharmacist
    2. all changes in residential address and phone number; and
    3. all changes in medical provider.

The agreement will remain in place for a minimum of five years from the date of execution of the Agreement, following which the Registrant will be assessed by a physician to determine whether or not continuation of monitoring is necessary. The name of the Registrant has been withheld in accordance with section 39.3(4)(a) of the Health Professions Act for the purposes of not identifying the personal health information of the Registrant respecting the condition. The Inquiry Committee is satisfied that the undertakings will protect the public.


DECEMBER 18, 2015
(JUNE 23, 2016 – REGISTRATION REINSTATED)

The Inquiry Committee, pursuant to Section 36 of the Health Professions Act, has reached an agreement with pharmacist registrant to suspend his registration as a pharmacist effective December 18, 2015. The agreement remains in effect until further notice. The Inquiry Committee considers the agreement necessary to protect the public. The registrant's name has been withheld, pursuant to 39.3(4) of the Health Professions Act.

Pharmacist Registrant 16 (May 24, 2018)

Pharmacist registrant 16 has satisfied the terms of an agreement reached with the Inquiry Committee dated May 24, 2013.  Limits and conditions on the pharmacist registrant’s registration as a pharmacist have now been removed. The pharmacist registrant's name has been withheld pursuant to 39.3(4) of the Health Professions Act.


May 27, 2013
(May 24, 2018 – Limits and conditions removed)

The Inquiry Committee has reinstated pharmacist registrant’s registration which had previously been suspended for an indefinite period on April 17, 2013. Pursuant to Section 36 of the Health Professions Act, the Inquiry Committee has reached an agreement with pharmacist registrant in which she was asked to consent to certain undertakings. This agreement remains in effect until May 24, 2018. The Inquiry Committee considers the agreement necessary to protect the public. The pharmacist registrant's name has been withheld pursuant to 39.3(4) of the Health Professions Act


April 27, 2013
(MAY 27, 2013 – REGISTRATION REINSTATED)

The Inquiry Committee, pursuant to Section 36 of the Health Professions Act, has reached an agreement with pharmacist registrant to suspend her registration as a pharmacist for an indefinite period pending further disposition by the Inquiry Committee. The Inquiry Committee considers the agreement necessary to protect the public. The pharmacist registrant's name has been withheld pursuant to 39.3(4) of the Health Professions Act.

Ali, Mir Rashid (May 14, 2018)

Pursuant to section 36(1) of the Health Professions Act, the Inquiry Committee has reached an Agreement with Mir Rashid Ali (the “Registrant”) to suspend his registration as a pharmacist for 90 consecutive days commencing July 1, 2018.

The Registrant acknowledged that between January 1, 2013 and May 19, 2015, while he was a director and pharmacist at two different pharmacies and pharmacy manager of one of these pharmacies, many prescriptions at both pharmacies were “late-filed”, meaning that dispensing records for these prescriptions were created on dates later than the dates on which the drugs in question were actually dispensed, contrary to section 35(1) (then s. 21(1)) of the Bylaws to the Pharmacy Operations and Drug Scheduling Act. Section 35(1) states that:

A registrant must enter the prescription information and transmit it to PharmaNet at the time of dispensing and keep the PharmaNet patient record current.

The Registrant also acknowledged that during the time period he was pharmacy manager at one pharmacy, many claims were billed on PharmaNet for patients who according to the provincial Discharge Abstract Databased had been admitted to hospital at time of claim, suggesting that these patients may not have received the supplies claimed.

The Inquiry Committee was concerned that the Registrant had previously consented to remedial undertakings to fully comply with legislated practice standards, and he had not done so for this current matter. The Inquiry Committee therefore considered this constituted a “serious matter” pursuant to section 26 of the Health Professions Act, and that the Registrant required serious remediation and deterrence in order to come into compliance.

Pursuant to his Agreement, the Registrant also consented to the following:

  • To not be a pharmacy manager and preceptor for a period of two years from the date that his suspension ends;
  • To pay a $7,500.00 fine;
  • To successfully pass the College’s Jurisprudence Exam;
  • To appear before the Inquiry Committee for a verbal reprimand; and
  • A Letter of Reprimand on his registration record.

The Inquiry Committee considers this Agreement necessary to protect the public, as well as send a clear message of deterrence to the profession. 

Lam, Miguel Angel (May 6, 2018)

The Inquiry Committee, pursuant to section 36(1) of the Health Professions Act, has reached an Agreement with former registrant Mr. Miguel Lam. He has resigned from registration with the College and has undertaken to not apply for registration or reinstatement of registration to the College and/or to apply for registration in any capacity by a governing body for pharmacy in another province or foreign jurisdiction in the future. He has also agreed to pay a $10,000.00 fine.

After an investigation into his pharmacy practice, the Inquiry Committee advised that while Mr. Lam was a registrant and pharmacy manager of a pharmacy, he did not maintain a standard of practice of the pharmacy profession and did not uphold the relevant provincial and federal legislation with respect to the inventory management, record keeping, reporting of losses, and dispensing of narcotic, controlled, and/or benzodiazepine drugs.

The Inquiry Committee considered that the Mr. Lam’s conduct constituted professional misconduct, a serious matter pursuant to section 26 of the Health Professions Act. On the basis of his undertakings in the Agreement, the Inquiry Committee has agreed to not proceed further with this matter unless and until he seeks reinstatement of his registration. The Inquiry Committee considers his undertakings in the Agreement to be sufficient to protect the public and that the publication of this information will send a clear message of deterrence to the profession.


May 9, 2017
(May 6, 2018 – Limits and Conditions Updated, Registrant Resigned)

The Inquiry Committee, pursuant to section 35(1)(a) of the Health Professions Act, R.S.B.C. 1996, c. 183, for the purposes of public protection, has imposed limits and conditions on the practice of registrant Miguel Angel Lam, pending completion of an investigation of his pharmacy practice. Until further notice, Mr. Lam has the following limits and conditions on his practice:

  1. Effective May 23, 2017, he will be restricted from acting as a manager of any pharmacy. 
  2. Effective May 9, 2017, he will be restricted from doing the following in relation to narcotic and controlled drugs and substances:
    1. Placing and receiving orders; and
    2. Signing wholesaler/manufacturer invoices confirming receipt of orders, or have any sort of signing authority relating to such orders.

As the pharmacy manager of a pharmacy, Mr. Lam has not been fulfilling his responsibilities to operate a pharmacy that meets legislative and practice standards. He has not kept accurate records regarding all purchases and sales of narcotic and controlled drugs. He has not established and/or enforced policies and procedures for inventory management and security and storage of narcotic and controlled drugs, enabling a large quantity of narcotic and controlled drugs at the pharmacy to be unaccounted for, causing potential harm to the public.

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