Iskandar, Nermin

Hearing dates: Nov. 29, 2018, Nov. 30, 2018

Summary of Allegations

As a result of a referral by the Inquiries, Complaints and Reports Committee, it is alleged that Ms. Iskandar, while engaged in the practice of pharmacy as Designated Manager and/or dispensing pharmacist at Clinic Pharmacy in Midland, and/or as a director and/or shareholder of the corporation that owned and/or operated the Pharmacy, committed professional misconduct in that:

    • Between about January 9, 2013 and March 28, 2017, she failed to actively and effectively participate in and/or monitor the day-to-day management of the Pharmacy, including, but not limited to drug procurement and inventory management, record keeping and documentation, billing, and staff and personnel management, and/or she failed to actively and effectively fulfill the duties and responsibilities of a Designated Manager;
    • Between about January 9, 2013 and March 28, 2017, she operated (or permitted, consented to or approved, expressly or impliedly, the operation of) the Pharmacy when it was not managed by a pharmacist who was designated as the Designated Manager of the Pharmacy;
    • Between about June 16, 2016 and March 28, 2017, she failed to ensure that her name, certificate of registration, or both were clearly and publicly displayed in the Pharmacy;
    • On or about January 9, 2013, she signed an Acknowledgment/Change of Designated Manager form containing a false or misleading statement by indicating that “[A.N.]” did not continue to work at the Pharmacy;
    • Between about December 2014 and December 2016, she created (or permitted, consented to or approved, expressly or impliedly, the creation of) false and/or misleading pharmacy records documenting the dispensing of brand name medication when generic medication was dispensed, with respect to certain identified medication;
    • Between about December 2014 and December 2016, she submitted (or permitted, consented to or approved, expressly or impliedly, the submission of) charges for brand name medication when generic medication was dispensed, with respect to certain identified medication;
    • Between about December 2014 and December 2016, she created (or permitted, consented to or approved, expressly or impliedly, the creation of) false and/or misleading pharmacy records documenting the dispensing of drugs and/or products that were not dispensed, with respect to certain identified drugs and/or products;
    • Between about December 2014 and December 2016, she submitted (or permitted, consented to or approved, expressly or impliedly, the submission of) charges for drugs and/or products that were not dispensed, with respect to certain identified drugs and/or products;
    • Between about June 2015 and December 2016, she permitted, consented to or approved, expressly or impliedly, the provision of routine pharmaceutical care to family members including herself and/or one or more of [family members] by [person] as dispensing pharmacist;
    • Between about June 2015 and December 2016, she permitted, consented to or approved, expressly or impliedly, the selling of certain identified prescription drugs and/or products without valid prescriptions;
    • Between about June 2015 and December 2016, she created (or permitted, consented to or approved, expressly or impliedly, the creation of) false and/or misleading pharmacy records documenting the selling of certain identified prescription drugs and/or products and/or the processing of prescriptions when those prescriptions were not valid;
    • Between about June 2015 and December 2016, she submitted (or permitted, consented to or approved, expressly or impliedly, the submission of) charges for certain identified prescription drugs and/or products without valid prescriptions.

In particular, it is alleged that she

  • Failed to maintain a standard of practice of the profession;
  • Falsified a record relating to her practice;
  • Signed or issued in her professional capacity a document that she knew contained a false or misleading statement;
  • Submitted an account or charge for services that she knew was 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:
    • s. 146(1) of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c. H.4;
    • s. 146(3) of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c. H.4;
    • s. 155 of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c. H.4;
  • 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:
    • s. 15(1)(b) of the Ontario Drug Benefit Act, R.S.O. 1990, c. O.10;
    • s. 15(1)(b) of the Ontario Drug Benefit Act, R.S.O. 1990, c. O.10;
    • s. C.01.041 of the Food and Drug Regulations, C.R.C. 870, made under the Food and Drugs Act, R.S.C. 1985, c. F-27;
  • Permitted, consented to or approved, either expressly or by implication, the commission of an offence against an Act relating to the practice of pharmacy or to the sale of drugs by a corporation of which she was a director;
  • 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 of the profession as disgraceful, dishonourable or unprofessional.