Nemanja

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

The Inquiry Committee and the Former 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: July 16, 2021

Name of registrant: Nemanja Filipovic

Location of Practice: N/A

Admissions and acknowledgements:

Between January 2012 and June 2018, at two pharmacies, over 36,000 transactions for (non-narcotic) prescription medications, over-the-counter (“OTC”) and/or vitamin products were processed as either one-day or seven-day supplies on the PharmaNet records of 22 individuals. These 22 individuals were all either current or former employees of the two pharmacies, or family members of former employees of the two pharmacies.

These transactions were processed contrary to the way in which medications were dispensed to the 22 individuals and there was no clinical indication for the medications to be processed and/or dispensed on a daily or weekly basis, or to be dispensed at all. Furthermore, over 17,000 of these transactions were also backdated, to make it appear on PharmaNet that the transactions were processed on certain dates when in fact they were not.

At all material times, the Former Registrant was the director and owner of these two pharmacies.

The Former Registrant admitted that as the director and owner of the two pharmacies, he had suggested to and enabled staff at the two pharmacies to process prescriptions in this manner in order to artificially inflate prescription counts in order to meet corporate targets. His actions enabled the inappropriate access and use of personal information and PharmaNet records, and caused PharmaNet records to be inaccurate.

Disposition:

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

1. To pay a $30,000.00 fine;

2. To have his registration as a pharmacist suspended for a total of 540 days, to commence upon his reinstatement to Full Pharmacist status;

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

4. To complete and successfully pass the College’s Jurisprudence Exam within one year of reinstatement to Full Pharmacist status;

5. To successfully complete and unconditionally pass an ethics course for healthcare professionals within one year of reinstatement to Full Pharmacist status; and

6. To appear before the Inquiry Committee for a verbal reprimand after completing the above term.

Rationale:

The Inquiry Committee determined that in his role as the pharmacies’ owner and director, the Former Registrant was in contravention of legislation which required him to ensure that meeting quotas, targets, or similar measures did not compromise patient safety or compliance with the bylaws, Code of Ethics or standards of practice. His actions, which were motivated by personal gain, enabled and perpetuated the processing of over 36,000 inaccurate PharmaNet transactions and the backdating of over 17,000 transactions, placing the affected patients at risk of harm.

The Former Registrant’s actions were considered serious contraventions of legislation involving his role as a pharmacy director and owner. He 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, and participating in ethical business practices. The totality of his conduct amounted to significant professional misconduct, which warranted the remediation and sanctions referenced above.

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.