Joelle

To enable the Registrant to complete the practicum portion of the UBC Canadian Pharmacy Practice Programme, the Inquiry Committee has temporarily lifted the Registrant’s suspension until April 5, 2023. Until April 5, 2023, the Registrant is restricted to only processing prescriptions at the pharmacy for which she is completing her practicum, under the supervision of a preceptor.

July 14, 2022
(January 26, 2023 - Temporary Lifting of Suspension)
 

  1. Nature of Action: The Inquiry Committee of the College of Pharmacists of British Columbia (the “College”) conducted an investigation into a complaint about the practice of Joelle Mbamy (the “Registrant”), pursuant to section 33(1) of the Health Professions Act, R.S.B.C. 1996, c. 183 (“HPA”). 

    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 HPA.

  2. Effective date: July 14, 2022

  3. Name of registrant: Joelle Mbamy

  4. Location of Practice: Penticton, BC

  5. Admissions and acknowledgements:

    The Registrant admitted and/or acknowledged the following:

    On or about September 15, 2021, the Registrant dispensed a medication to a patient from a prescription dated March 30, 2021. Before dispensing this medication to the patient, the Registrant did not confirm the patient’s diagnosis, did not conduct a clinical assessment of the appropriateness of the medication and the prescribed dose, and did not provide the patient with information required for a pharmacist/patient consultation.

  6. Disposition:

    The Registrant entered into a Consent Agreement with the College’s Inquiry Committee, wherein the Registrant consented to terms that included (but not limited to) the following:

    1. To be suspended as a registrant of the College for a period of one year, from July 18, 2022 to July 17, 2023;

    2. Before the suspension in paragraph a is lifted, the Registrant must, at her own expense, successfully complete and pass the following:
       
      1. UBC Canadian Pharmacy Practice Programme, in its entirety; and
         

      2. The Pharmacy Qualifying Examination, Part II (OSCE) through the Pharmacy Examining Board of Canada. 

    3. To not be a pharmacy manager, director, owner (direct or indirect) and preceptor for pharmacy students for a period of five years from the date that her suspension ends

    4. After the completion of her suspension, upon return to active practice, to practice for a period of 180 days under the supervision of a pharmacist in good standing; and

    5. To appear before the Inquiry Committee for a verbal reprimand after completing her suspension.

  7. Rationale

    In this case, the Registrant’s actions, or lack thereof, contravened sections of the Community Pharmacy Standards of Practice and the Code of Ethics. The Registrant neglected her basic duties as a pharmacist, did not protect and promote the well-being of her patient, did not act in the best interests of her patient, and placed her patient at risk of harm.

    Between 2017 and 2020, the Registrant had been sanctioned for other matters by the Inquiry Committee. Despite this, the Registrant has continued a pattern of non-adherence to practice standards. Her prior history, pattern of poor professional judgment, and demonstration of a disregard for the fundamentals of pharmacy practice is considered significant professional misconduct as defined in s. 26 of the HPA and warranted the significant remediation and sanctions referenced above.

    The Inquiry Committee considered it appropriate that the disposition for such conduct be one that serves as a strong deterrent and sends a clear message to both the profession and the public that the College cannot and will not tolerate this type of conduct under any circumstances.

April 7, 2021

 

The Registrant has completed all remedial training necessary for the removal of limits and conditions on her practice. Limits and conditions on the Registrant’s registration as a pharmacist have been removed effective April 7, 2021.

October 26, 2020
(April 7, 2021 - Limits and Conditions Removed)
 

  1. Nature of Action: The Inquiry Committee of the College of Pharmacists of British Columbia (“CPBC”) conducted investigations into the practice of Joelle Mbamy (the “Registrant”), pursuant to section 33(4) of the Health Professions Act, R.S.B.C. 1996, c. 183 (“HPA”).  The CPBC issued a Citation on October 21, 2019, which was subsequently amended on January 29, 2020.

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

  2. Effective date: October 26, 2020

  3. Name of registrant: Joelle Mbamy

  4. Location of Practice: Penticton, BC

  5. Admissions and acknowledgements:

    The Registrant has admitted and/or acknowledged the following (in part):

    The Inspection

    On November 6, 2018, the CPBC conducted an inspection of Sunrise Pharmacy (the “Inspection”) where the Registrant was acting as an owner, manager, and working pharmacist. The Inspection was conducted pursuant to a Consent Agreement the Registrant entered into with the CPBC on May 1, 2018, regarding a previous complaint and investigation.

    Contrary to Standards 1, 2, 3, 6, 7, and 9 of the Health Professions Act – Bylaws, Schedule “A” – the Code of Ethics (“Code of Ethics”), the Registrant was observed to have failed to comply with the terms of the Consent Agreement as during the Inspection, the following conduct was observed that constitutes a breach of the terms of the Consent Agreement:

    In addition, during the Inspection, the following conduct was observed which constituted additional or new offences, not previously addressed in the Consent Agreement:
     

    Pharmacy Security

    On March 22, 2018, the CPBC received information from the Province’s Child Death Coroner regarding the death of a minor who, at the time of his death, was an employee at Sunrise Pharmacy. The cause of death was methadone overdose.

    Upon reviewing security camera recordings from Sunrise Pharmacy, it was determined that, on September 18, 2017 and contrary to Standards 1 (a) and (d) and 7 of the Code of Ethics, sections 18(2)(j), 19(4) and 26 of the PODSA Bylaws, and Professional Practice Policy 74: Community Pharmacy and Telepharmacy Security, the minor was permitted to be in the dispensary and the compounding rooms in Sunrise Pharmacy without supervision on thirteen separate occasions for varying lengths of time.

    During these times, the minor had access to prescription medications. However, there was no evidence on the security footage to confirm that the minor obtained the methadone from the pharmacy.

    Temporary Closure of Sunrise Pharmacy

    In July 2019, the CPBC received a complaint about and conducted an investigation into the temporary closure of Sunrise Pharmacy on three consecutive Saturdays in June 2019 and found that

    1. contrary to Standards 1(a) and (d) and 7 of the Code of Ethics, sections 6, 9, and 9.1 of Part 1 of Schedule “F” – the Standards of Practice (the “Part 1 of the Standards of Practice”), Professional Practice Policy 66: Opioid Agonist Treatment, and Principles 2.1.1, 2.1.2, 3.1.3, 3.2.4 Professional Practice Policy 66: Policy Guide – Methadone Maintenance Treatment (2013), Ms. Mbamy was dispensing methadone or Opioid Agonist Treatment (“OAT”) without the appropriate directions or without appropriate completion of the required documentation or both
       

    2. contrary to Standards 1(a) and (d) and 7 of the Code of Ethics, section 19(5)(a) of the CPBC’s Bylaws under PODSA (the “PODSA Bylaws”), and Professional Practice Policy 31: Emergency Prescription Refills, the Registrant was dispensing medication without a prescription, using her name as a prescriber, and in a manner that did not comply with the requirements for an emergency prescription refill;

    3. contrary to Standards 1(a) and (d) and 7 of the Code of Ethics, section 11 of Part 1 of the Standards of Practice, and section 35 of the PODSA Bylaws, prescriptions, including prescriptions for methadone and other Schedule 1 drugs, were “backdated” such that the dispensing date entered on PharmaNet or recorded on the prescription label did not accurately reflect the date those prescriptions were dispensed; and

    4. contrary to Standards 1(a) and (d) and 7 of the Code of Ethics, sections 18(2)(j) and 26 of the PODSA Bylaws, Professional Practice Policy-74: Community Pharmacy and Telepharmacy Security, and section 43 of the Narcotic Control Regulations, the Registrant failed to store methadone in a time-lock safe, or she stored methadone in a time-lock safe that was left open.

    5. contrary to Standards 1(a) and (d) and 7 of the Code of Ethics and sections 8 and 11 of the Food and Drugs Act, R.S.C., 1985, c. F-27, the Registrant prepared an intravenous solution in an unsanitary and non-sterile environment without taking precautions to avoid contamination of the drug product and dispensed that solution to the patient’s agent;
       

    6. contrary to Standards 1(a) and (d) and 7 of the Code of Ethics, and sections 19(2) and 20(4) of the PODSA Bylaws, expired drugs were not stored in a separate area or secured storage area within Sunrise Pharmacy;

    7. contrary to Standards 1(a) and (d) and 7 of the Code of Ethics,  Professional Practice Policy 68: Cold Chain Management of Biologicals, and the BCCDC Communicable Disease Control Immunization Program: Section VI – Management of Biologicals, vaccines and insulin were stored in the door of a refrigerator;

    8. contrary to Standards 1(a) and (d) and 7 of the Code of Ethics, sections 9, 9.1, and 11(1) and (2) of Part 1 of the Standards of Practice, Professional Practice Policy 66: Opioid Agonist Treatment, and Principles 3.1.3, 3.2.4, and 3.2.5 of Professional Practice Policy 66: Policy Guide – Methadone Maintenance Treatment (2013), information regarding prescriptions recorded on PharmaNet was incorrect or incomplete. 

    9. contrary to Standards 1(a) and (d), and 7 of the Code of Ethics, section 19(6)(b) of the PODSA Bylaws, Principle 2.1.2, of Professional Practice Policy 66: Policy Guide – Methadone Maintenance Treatment (2013), the Registrant was selling or dispensing drugs included in the controlled prescription program (“CPP”) when the required CPP form did not contain either the signature of the dispensing pharmacist or the signature of the patient;

    10. contrary to Standards 1(a) and (d), and 7 of the Code of Ethics and Professional Practice Policy 31: Emergency Prescription Refills, emergency prescription refills were improperly provided or documented;

    11. contrary to Standards 1(a) and (d), and 7 of the Code of Ethics, sections 6(4)(g)(iv) of Part 1 of the Standards of Practice the Sunrise Pharmacy patient counselling log did not include written confirmation of who performed consultations or document when consultation was offered and declined;

    12. contrary to Standards 1 (a) and (d) and 7 of the Code of Ethics and sections 35(1), (4), (5), and (6) of the PODSA Bylaws and with respect to a specific prescription dated August 9, 2018, the PharmaNet patient record was not kept current; and

    13. contrary to Standards 1 (a) and (d), and 7 of the Code of Ethics, and section 18(2)(m) of the PODSA Bylaws, staff at Sunrise Pharmacy did not wear name badges.

    14. contrary to section 25.92 of the HPA, and sections 10(1) and (2) of Part 1 of the Standards of Practice, the Registrant, without prior authorization, changed the dispensing regime of four different methadone prescriptions in order to accommodate the closure of Sunrise Pharmacy,

    15. contrary to Principle 2.2.1 of Professional Practice Policy 66: Policy Guide – Methadone Maintenance Treatment (2013), the Registrant altered a prescription and began dispensing methadone pursuant to that altered prescription and failed to obtain a corrected prescription from the physician, and

    16. contrary to section 9.1(1)(b) of Part 1 of the Standards of Practice, the Registrant dispensed Suboxone® with incorrect instructions on the label.

  6. Disposition:

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

    The Registrant repeatedly contravened sections of the HPA, PODSA Bylaws, Community Pharmacy Standards of Practice, and the Code of Ethics in her practice as a pharmacist, pharmacy manager, owner and director, and thereby, neglected her basic duties as a pharmacist, and committed or allowed actions that were unethical and could potentially endanger patient health. The totality of her conduct demonstrated an egregious breach of trust and undermines the integrity of the profession.

    Importantly, the Inspection was conducted only a few month after the Consent Agreement was finalized. Despite this, Ms. Mbamy was found to be in breach of several of the terms of that Consent Agreement and was noted to have engaged in further breaches of the standards applying to the practice of pharmacy. This demonstrated a disregard for the fundamentals of pharmacy practice and the CPBC’s regulatory process. More importantly, it presented a significant risk to the public.

    The Registrant’s conduct in this instance, coupled with the breach of her previous undertakings, is considered significant professional misconduct as defined in s. 26 of the HPA, and justifies serious consequences. The Inquiry Committee therefore considered it appropriate, and the Registrant agreed, that the disposition for such conduct be one that 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.

    1. sign and deliver to the CPBC a letter of undertaking,

    2. be suspended for 3 months (November 18, 2020 to February 18, 2021),
       
    3. subject to paragraph d below, for a period of 18 months (including the time during which she had been subject to the same conditions on practice further to the May 23, 2019 Inquiry Committee order), cannot
       
      1. dispense any narcotic or controlled drug substance intended for Opioid Agonist Treatment,
         

      2. compound any medication, or

      3. prepare or dispense any medication intended for intravenous administration.

    4. before the conditions specified in paragraph c are removed from her practice, must, at her own expense,

      1. retake and successfully complete
         

        • the BC Pharmacy Association OAT Compliance and Management Program, and

        • the BC Community Manger Training Program,

      2. successfully complete;

        • the CPEP PROBE: Ethics & Boundaries Program,

        • the UBC CPD Provincial Opioid Addiction Treatment Support Program,

        • the Critical Point, Best Practices for Nonhazardous Sterile-to-Sterile Compounding, and

      3. confirm in writing that she has

        • read “A Guideline for Clinical Management of Opioid Use Disorder” from the BC Centre on Substance Use, and

        • reviewed the YouTube videos, Ontario College of Pharmacists, “Optimizing Patient Care Series: Decision Making & Documentation – Keeping it Simple”, Parts 1 and 2,

    5. must pay a fine of $20,000 to the CPBC

May 23, 2019
(October 26, 2020 - Citation cancelled)

 

Pursuant to section 35(1)(a) of the Health Professions Act, R.S.B.C. 1996, c. 183 (“HPA”), effective May 23, 2019, the Inquiry Committee of the College of Pharmacists of British Columbia has made an order to impose limits and conditions on the pharmacy practice of the registrant Joelle Mbamy (the “Registrant”) pending a hearing of the Discipline Committee.

The Registrant will be restricted from dispensing any narcotic or controlled drug substance intended for Opioid Agonist Treatment. This limit and condition will become effective on June 7, 2019 to allow sufficient time to transition patients to another pharmacy.

The Registrant will be restricted from compounding any medication and preparing or dispensing any medication intended for intravenous administration.

The Inquiry Committee considered this action necessary to protect the public.

While practicing as a pharmacist, the Registrant is alleged to have shown a continuing pattern of providing Opioid Agonist Treatment without abiding by the legislative requirements. While practicing as a pharmacist, the Registrant is alleged to have prepared and dispensed intravenous drug product under unsanitary conditions.

Note: Limits and conditions ordered by the Inquiry Committee under section 35(1)(a) of the HPA are made to protect the public during an investigation or pending a hearing of the Discipline Committee. Orders made under this section relate to matters which are and remain unproven unless admitted by a registrant or determined by the Discipline Committee.

Last Name: 
Mbamy
Date of Dispositions: 
Thursday, January 26, 2023