July • August 2003 - Ontario College of Pharmacists

DISCIPLINE
DISCIPLINE
regulations there under
• Engaged in conduct or performed an act relevant to the
practice of pharmacy that, having regard to all the circumstances
would reasonably be regarded by members as
disgraceful, dishonorable or unprofessional
The following Agreed Statement of Fact formed the
basis of Mr. Nathwani’s admission of professional misconduct.
Facts
Mr. Nathwani was the owner, designated manager and
dispensing pharmacist of Northfield Pharmacy. Through a
series of random provider service audits, Green Shield
discovered that claims were being submitted by Mr. Nathwani’s
pharmacy, and paid by Green Shield, when no
medication was actually provided to the patients. Green
Shield provided subscriber confirmation letters from
patients who denied receiving prescriptions related to
claims made in their name by Northfield Pharmacy.
The College contacted two of the eight patients in question
who verified that they did not receive the medication as
claimed by Northfield Pharmacy. The College also met with
a physician who denied prescribing three prescriptions
attributed to her by Northfield Pharmacy.
Reasons
The Committee considered the undisputed fact that Mr.
Nathwani’s conduct was a deliberate attempt to defraud a
third-party insurer and to create records to cover up the
fraud. The misconduct occurred over a 10-month period of
time and involved 34 prescriptions, eight subscribers and a
total of $1,438.83. Mr. Nathwani did not provide the
Committee with any explanation for his conduct other than
to express shame and regret.
In concluding that the penalty is fair, reasonable and
consistent, the Committee considered that Mr. Nathwani
had no prior discipline record, as well as the fact
that its penalty affirms the seriousness of Mr. Nathwani’s
misconduct in a real and immediate sense. At the same
time, the penalty provides Mr. Nathwani with an opportunity
to rehabilitate while also providing necessary
public protection.
Order
1. A reprimand
2. Specified terms, conditions and limitations on Mr. Nathwani’s
Certificate of Registration, and in particular, that
Mr. Nathwani complete successfully, at his own expense,
within 12 months of the date of this order, the OCP
Jurisprudence Seminar as well as remedial training in
the following courses and evaluations from the Canadian
Pharmacy Skills Program: “Law Lesson 2 – The
Regulation of Pharmacy Practice”, “Law Lesson 4 – Standards
of Practice”, and “Law Lesson 7 – Professional
Liability”
3. A six-month suspension of Mr. Nathwani’s Certificate
of Registration
4. Additional specified terms, conditions and limitations
on Mr. Nathwani’s Certificate of Registration, and in
particular that, for a period of one year following the
completion of his suspension, (December 01, 2003 –
November 30, 2004):
i) Mr. Nathwani is prohibited from having any proprietary
interest in a pharmacy, in any capacity
ii) Mr. Nathwani cannot act as a designated manager
in any pharmacy
iii) Mr. Nathwani must inform all employers in a pharmacy
setting of the full details of the decision of the
Discipline Committee and ensure that they
confirm their information with the College directly
iv) Mr. Nathwani’s employment remuneration shall be
based only on hourly or weekly rates and his
employer(s) are to confirm this arrangement in
writing with the College
5. Costs to the College in the amount of $3,000
Pharmacy Connection July • August 2003 37