Jenny

Nature of Action: The Inquiry Committee of the College of Pharmacists of British Columbia (the “College”) conducted an investigation into the practice of Jenny Phu (the “Registrant”), pursuant to section 33(4) of the Health Professions Act, R.S.B.C. 1996, c. 183.

The Inquiry Committee and the Registrant have agreed to resolve all matters arising from the investigation by way of a Consent Agreement under section 36(1) of the Health Professions Act.

Effective date: September 8, 2020

Name of registrant: Jenny Phu

Location of Practice: Richmond, BC

The College’s Investigation:

Multiple registrants were involved in this matter.

The College’s investigation found that between January 2012 and June 2018, over 20,000 false transactions were processed on patient PharmaNet records at two pharmacies, where the Registrant had worked at both pharmacies as a pharmacist and as pharmacy manager at one of the pharmacies.

These transactions were considered false because:

• Schedule I (prescription) medications associated with these transactions had not been authorized or prescribed by the prescriber associated with each transaction;
• Medications associated with these transactions, which included Schedule I, Over-The-Counter (“OTC) medications and vitamins, were not actually dispensed to the “patient” in each case;
• Transactions were processed as one-day supplies or seven-day supplies, for the sole purpose of artificially inflating prescription counts; and
• Transactions were processed not for the purpose of providing health care and were not processed with each patient’s voluntary consent.
   

The College’s investigation also found that during the same time period, over 10,000 transactions were processed on patient PharmaNet records for medications that were actually authorized but processed as one-day supplies or seven-day supplies when there was no clinical indication to do so. The medications for these transactions were not actually dispensed to the patient on a daily or weekly basis, making each patient’s PharmaNet records inaccurate and not current. These transactions were processed in this manner for the sole purpose of artificially inflating prescription counts.

The “patients” whose PharmaNet records were affected were all either current or former employees of the two pharmacies, or family members of former employees of the two pharmacies. Reportedly, the owner of the two pharmacies had directed for transactions to be processed in the above manner in order to artificially inflate prescription counts at both pharmacies.

The Registrant's involvement and acknowledgments:

Regarding the Registrant’s involvement in this matter, the Inquiry Committee considered it substantiated, and the Registrant has acknowledged, that:

1. She processed false transactions for Schedule I and OTC/vitamin medications on her own PharmaNet record and on the PharmaNet records of her colleagues;

2. She backdated PharmaNet transactions, meaning that the transaction records were created on a date later than the date that appears on PharmaNet;

3. She billed the false and inaccurate transactions described above to PharmaCare and/or third-party insurance plans, when she knew these to be false or misleading claims;

4. She processed medications on PharmaNet for herself;

5. She inappropriately used personal health information and created inaccurate PharmaNet records, placing herself and her colleagues at risk of harm, in case their PharmaNet records ever needed to be accessed for legitimate medical reasons;

6. She failed to report to the College or to another person of authority regarding the improper practices occurring at the two pharmacies, even though she knew that these practices were improper; and

7. As a pharmacy manager, she enabled the false transactions on patient PharmaNet records, prioritized meeting quotas and targets over patient safety and compliance with legislation and did not set or enforce policies and procedures in the pharmacy to ensure compliance with practice standards.

Disposition:

The Registrant entered into a Consent Agreement with the College’s Inquiry Committee, wherein the Registrant consented to the following terms (in part):

1. To successfully complete and pass an ethics course for healthcare professionals within two years. If she fails to complete this within the specified time period, her registration will be suspended for a period of 60 days;

2. To appear before the Inquiry Committee for a verbal reprimand;
    
3. To have a letter of reprimand placed permanently on the College register;
    

4. To not be a pharmacy manager and/or a preceptor for pharmacy students for a period of one year from September 8, 2020 to September 8, 2021;

5. To pay a $3000.00 fine;

6. To successfully pass the College’s Jurisprudence Exam; and

7. To successfully complete and pass the “BC Community Pharmacy Manager Training Program” offered by the British Columbia Pharmacy Association.

Rationale:

The Registrant’s actions were considered serious contraventions of legislation involving pharmacy practice standards, the appropriate access, use and protection of personal health information and PharmaNet records, and her role as a pharmacy manager. Her misconduct placed herself and others at risk of harm. The Registrant also contravened standards of the Code of Ethics involving protecting and promoting the well-being of patients, benefitting society, committing to personal and professional integrity, participating in ethical business practices, and conflicts of interest.

In determining an appropriate disposition for the Registrant, the Inquiry Committee considered the Registrant’s report of feeling pressured by her employer (the pharmacy owner) to commit these actions, and that she personally did not stand to gain financially from what occurred.

The Inquiry Committee considered the terms of the Consent Agreement necessary to protect the public, as well as send a clear message of deterrence to the profession. Inappropriate access and use of personal health information compromises the public’s trust in the pharmacy profession as a whole. At all times, registrants must uphold legislative requirements and ethical obligations to appropriately access, use and protect personal health information.