Dayton

Nature of Action: The Inquiry Committee of the College of Pharmacists of British Columbia (“CPBC”) conducted an investigation into a complaint (the “Complaint”) about the practice of Dayton Sobool (the “Registrant”), pursuant to section 33(1) of the Health Professions Act, R.S.B.C. 1996, c. 183 (“HPA”). The CPBC issued a Citation on February 24, 2020.

Further to a proposal for resolution from the Registrant, the Inquiry Committee made a Consent Order under section 37.1 of the HPA.

Effective date: August 31, 2020

Name of registrant: Dayton Cliff Sobool 

Location of Practice: Ashcroft, BC

Admissions and acknowledgements:

The Registrant admitted and/or acknowledged the following:

1. on 7 separate occasions between September 2, 2016 and February 14, 2017 the Registrant provided, dispensed or sold narcotics included in the controlled prescription program without first obtaining a valid written prescription contrary to Standards 1(d) and 7(d) of the HPA Bylaws Schedule A – Code of Ethics (the “Code of Ethics”), section 6(4) of the HPA Bylaws Schedule F, Part I – Community Pharmacy Standards of Practice (the “Standards of Practice”), what was then section 4(5)(a) and is now section 19(5)(a) and what was then section 4(6) and is now section 19(6) of the Pharmacy Operations and Drug Scheduling Act – Bylaws (the “PODSA Bylaws”), and sections 31 Narcotic Control Regulations, C.R.C., c. 1041; and
    
2. on 3 separate occasions between September 14, 2016 and January 3, 2017 the Registrant dispensed medications that are included in Schedule I of the Drug Schedules Regulation, B.C. Reg. 9/98, without first obtaining a valid prescription or making a written record of a verbal authorization contrary to Standards 1(d) and 7(d) of the Code of Ethics, sections 6(4) and 6(7) of the Standards of Practice, and what was then section 4(5)(a) and is now section 19(5)(a) of the PODSA Bylaws.
    

Disposition:

In the Consent Order under section 37.1 of the HPA, the Inquiry Committee ordered that the Registrant:

1. receive a written reprimand,

2. sign and deliver to the College a letter of undertaking,
    
3. be suspended for 4 weeks (August 31, 2020 to September 28, 2020),
    

4. must pay to the CPBC:

   1. a fine of $1,000, and
   2. costs of $2,000,
       

5. review the following legislation:

   1. Pharmacy Operations and Drug Scheduling Act;
   2. Pharmacy Operations and Drug Scheduling Act – Bylaws;
   3. Health Professions Act – Bylaws, Schedule F, Part I – Community Pharmacy Standards of Practice;
   4. Health Professions Act – Bylaws, Schedule A – Code of Ethics.
       

Rationale:

This was the second instance where the Registrant was found to have dispensed medication, including narcotics, without a written prescription. The Registrant previously provided an undertaking to the CPBC not to repeat the conduct and so these further violations were also in breach of that undertaking.

The Inquiry Committee considered this prior history to be a significant aggravating factor in this case.

The Registrant’s conduct in this instance, coupled with the breach of a previous undertaking that pertained to that conduct, is consider significant professional misconduct as defined in s.26 of the HPA and justifies a serious penalty. The Inquiry Committee therefore considered it appropriate that the disposition be one that serves as a strong deterrent and sends a clear message to both the profession and the public that the College does not tolerate this type of conduct.