B.C. pharmacist who dispensed 28,400 naloxone doses to single person fined, suspended

A pharmacist is seen checking inventory at an unknown pharmacy. (Shutterstock.com)

A Vancouver pharmacist has been suspended six months, ordered to pay a $20,000 fine and directed to take remedial courses after admitting to misconduct in a consent order agreement with his professional college.

Geoffrey Kyle Soo Chan was the "indirect owner and manager" of Pharmachoice Main, a pharmacy on Main Street in Vancouver, according to the agreement, which took effect Dec. 3 and was published on the College of Pharmacists of B.C. website this week.

The agreement indicates that between Jan. 1 and Aug. 31, 2021, Chan "processed approximately 1,646 transactions involving 28,404 doses of naloxone nasal spray, using the personal health information and PharmaNet records of 301 patients who resided in various communities across B.C."

Despite the large number of transactions and patients, however, Chan dispensed all of the naloxone doses to the same person, who – in each case – "purported to act in the capacity of patient representative" for the patient in question.

According to the document, Chan admitted this behaviour constituted misconduct in several ways.

He processed and dispensed the naloxone without obtaining the necessary patient consent, he failed to take reasonable steps to confirm the identity of the patient before accessing or disclosing their personal information, failed to explain the benefits and risks associated with the drug, failed to only collect personal information directly from a patient or a person the patient authorized to be a source of that information, and failed to take reasonable steps to ensure that the patient was aware that the information was being collected, and why.

Chan also failed to keep patients' PharmaNet records current, failed to establish and maintain policies and procedures at the pharmacy to ensure compliance with legislative requirements, and failed to avoid a conflict of interest, according to the consent order.

In addition to his six-month suspension and $20,000 fine, Chan agreed to sign and deliver a letter of undertaking to the college and to refrain from acting as or applying to become a pharmacy manager, a supervisor of pharmacy students or an owner of an alternate pharmacy for three years following his suspension.

Before applying to act as a pharmacy manager after those three years are up, he must successfully complete a pharmacy manager training program and ensure that any pharmacy where he intends to work has a policy and procedure manual that addresses "patient identification and obtaining informed consent," "authorization of patient agent/representative," and "dispensing of nasal naloxone spray for patients."

Chan also agreed to "thoroughly review and understand" various laws and standards governing pharmacists in B.C., successfully complete several remedial courses, and "submit to the CPBC a written statement describing his learnings from completing the listed coursework and readings, including what changes he will make to his practice to prevent the recurrence of the conduct underlying the consent order, and how those changes will improve his practice going forward."

Finally, Chan must also write and successfully pass the college's jurisprudence exam and "complete and unconditionally pass" the PROBE Canada program on professional/problem based ethics. He will also receive a letter of reprimand from the college.

"The registrant repeatedly contravened sections of the (Health Professions Act) bylaws, the (Pharmacy Operations and Drug Scheduling Act) bylaws, and the code of ethics in his practice as a pharmacist, and as the pharmacy manager of the pharmacy, and thereby, neglected his basic duties as a pharmacist, and demonstrated a disregard for the fundamentals of pharmacy practice," the consent order reads.

"The registrant’s conduct is considered significant professional misconduct," it concludes.

"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."