Eskander, Safaa

Hearing date: Nov. 27, 2017

Summary of Allegations

As a result of a referral by the Inquiries, Complaints and Reports Committee, it is alleged that Ms. Eskander, while engaged in the practice of pharmacy as director, shareholder, Designated Manager and/or dispensing pharmacist at MT Cross Pharmacy in Hamilton, Ontario, committed professional misconduct in that she

  • submitted accounts or charges for services that she knew were false or misleading to the Ontario Drug Benefit program for:
    • one or more of certain identified drugs and/or products, from on or about July 1, 2010 to on or about June 30, 2012,
    • Ventolin HFA, from on or about July 1, 2010 to on or about June 30, 2012, in circumstances where interchangeable products were dispensed; and/or
    • one or more of the drugs and/or products transferred from Wilson Medical Pharmacy between on or about February 22, 2012 and on or about August 1, 2014;
  • falsified pharmacy records relating to her practice in relation to the dispensing of and/or claims made to the Ontario Drug Benefit program for:
    • one or more of certain identified drugs and/or products, from on or about July 1, 2010 to on or about June 30, 2012,
    • Ventolin HFA, from on or about July 1, 2010 to on or about June 30, 2012, in circumstances where interchangeable products were dispensed; and/or
    1. drugs and/or products transferred from Wilson Medical Pharmacy between on or about February 22, 2012 and on or about August 1, 2014.
  • failed to ensure that the Pharmacy complied with all legal requirements, including but not limited to, requirements regarding record keeping, documentation, and billing the Ontario Drug Benefit Plan; and/or
  • failed to actively and effectively participate in the day-to-day management of the Pharmacy, including but not limited to, drug procurement and inventory management, record keeping and documentation, professional supervision of pharmacy personnel and billing.

In particular, it is alleged that she

  • failed to maintain a standard of practice of the profession
  • falsified records relating to her practice
  • signed or issued, in her professional capacity, a document that she knew contained a false or misleading statement
  • failed to keep records as required respecting her patients
  • submitted accounts or charges for services that she knew to be false or misleading
  • contravened the Pharmacy Act,1991 the Drug and Pharmacies Regulation Act, the Regulated Health Professions Act, 1991 or the regulations under those Acts and in particular:
    • Sections 155 and 156 of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c. H-4, as amended, in connection with prescription information and container identification markings
  • contravened 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 5, 6 and 15(1)(b) of the Ontario Drug Benefits Act, R.S.O. 1990, c. O.10, as amended, and/or Ontario Regulation 201/96 made thereunder with respect to submitting claims for payment to the Ontario Drug Benefit program where no payment was required, and/or that she knew or reasonably ought to have known were false, inaccurate or misleading claims
    • Sections 155 and 156 of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c. H-4, as amended, in connection with prescription information and container identification markings
    • Sections 8, 10 and 11 of the Narcotics Safety and Awareness Act, 2010 SO 2010, c 22, with respect to making disclosures to the Narcotic Monitoring System between on or about May 14, 2012 to on or about July 23, 2013 which did not contain the required information regarding the prescriber of the drug dispensed.
  • permitted, consented to or approved, either expressly or by implication, the contravention of 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 5, 6 and 15(1)(b) of the Ontario Drug Benefits Act, R.S.O. 1990, c. O.10, as amended, and/or Ontario Regulation 201/96 made thereunder with respect to submitting claims for payment to the Ontario Drug Benefit program where no payment was required, and/or that she knew or reasonably ought to have known were false, inaccurate or misleading claims
    • Sections 155 and 156 of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c. H-4, as amended, in connection with prescription information and container identification markings
    • Sections 8, 10 and 11 of the Narcotics Safety and Awareness Act, 2010 SO 2010, c 22, with respect to making disclosures to the Narcotic Monitoring System between on or about May 14, 2012 to on or about July 23, 2013 which did not contain the required information regarding the prescriber of the drug dispensed.
  • engaged in conduct or performed an act or acts relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members of the profession as disgraceful, dishonourable or unprofessional