Summary of Allegations
As a result of a referral by the Inquiries, Complaints and Reports Committee, it is alleged that Mr. Abdelmalak, as staff pharmacist and Designated Manager at Royal City Pharmacy in Guelph, Ontario, and as director of the corporation that owns and operates the Pharmacy, committed professional misconduct in that he
- Failed to complete inventory reconciliations for narcotics and other controlled drugs at least every six months, and/or failed to retain records of such inventory reconciliations, for the period, February 2014-February 2017;
- Failed to identify and report losses of narcotics and other controlled drugs to Health Canada as required during the period, February 2014-February 2017;
- Submitted up to 277 improper claims for both MedsCheck Annual reviews and MedsCheck Diabetes reviews at substantially the same time in the period, January 2014-July 2016;
- Submitted certain identified improper claims for MedsCheck reviews for patients who were not eligible, claims that were submitted prior to the MedsCheck reviews being performed, MedsCheck reviews that were not documented, and/or for MedsCheck review documents that were not signed by the patient and/or pharmacist in the period, June 2015-June 2016; and/or
- Submitted improper claims for certain identified patients for dispensing fees for compliance packages at more frequent intervals than the compliance packages were being dispensed to the patients in the period, December 2016-February 2017.
In particular, it is alleged that he
- Failed to maintain a standard of practice of the profession;
- Failed to keep records as required respecting his patients;
- Falsified a record relating to his practice;
- Submitted an account or charge for services that he knew was false or misleading;
- Charged a fee that was excessive;
- Contravened, while engaged in the practice of pharmacy, a federal or provincial law or municipal by-law with respect to the distribution, sale or dispensing of any drug or mixture of drugs, and in particular, sections 4, 5, 6 and/or 15 of the Ontario Drug Benefit Act, R.S.O., 1990, c.O. 10, as amended;sections 18 and/or 27 of O.Reg 201/96, as amended; sections 42, 43 and/or 71of the Narcotic Control Regulations, CRC, c1041, as amended; and/or section 7 of the Benzodiazepines and Other Targeted Substances Regulations, SOR/2000-217, as amended;
- Permitted, consented to or approved, either expressly or by implication, the commission of an offence against any Act relating to the practice of pharmacy or to the sale of drugs by a corporation of which he was a director, and in particular, sections 4, 5, 6 and/or 15 of the Ontario Drug Benefit Act, R.S.O., 1990, c.O. 10, as amended;sections 18 and/or 27 of O.Reg 201/96, as amended; sections 42, 43 and/or 71 of the Narcotic Control Regulations, CRC, c1041, as amended; and/or section 7 of the Benzodiazepines and Other Targeted Substances Regulations, SOR/2000-217, as amended;
- 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, dishonourable or unprofessional.