Syed, Shabuddin

Hearing date: Sept. 24, 2018

Summary of Allegations

As a result of a referral by the Inquiries, Complaints and Reports Committee, it is alleged that Mr. Syed, as staff pharmacist and/or Designated Manager of MobilRx Pharmacy in Lynden, Ontario, and/or as sole director and shareholder of the corporate owner of MobilRx Pharmacy, committed professional misconduct in that he

  • Failed to report that he had been charged on or about September 4, 2015 with a criminal offence contrary to the Criminal Code, section 252:
    • within 30 days, as required by College By-Law No. 3, Article 12.1.3, and/or
    • by providing a false statement to the College in response to the question regarding charges for an offence on the annual registration renewal questionnaire, on or about March 3, 2016
  • Dispensed prescriptions for methadone, Suboxone or buprenorphine, and/or sold methadone, Suboxone or buprenorphine by retail, to certain identified patients at Ancestral Voices Medical Centre & Pharmacy in Ohsweken, Ontario, premises for which no certificate of accreditation has been issued;
  • Used the designation “pharmacy” in relation to Ancestral Voices Medical Centre & Pharmacy in Ohsweken, Ontario, premises for which no certificate of accreditation has been issued;
  • Failed to comply with the Methadone Maintenance Treatment (MMT) and Dispensing Policy of the Ontario College of Pharmacists, dated June 2014, regarding methadone dispensing at the Pharmacy with respect to notification to the College, training for staff, patient agreements, preparation of methadone doses, labelling and/or documentation of methadone prescriptions;
  • Failed to keep records as required regarding the prescriptions for methadone, Suboxone or buprenorphine dispensed to certain identified patients;
  • Falsely denied to the College inspectors on or about April 24, 2017 that methadone or buprenorphine were being dispensed from the Pharmacy;
  • Failed to maintain accurate records regarding methadone, Suboxone and/or buprenorphine purchased and/or dispensed by the Pharmacy, and thereby faied to take all reasonable steps necessary to protect the narcotics at the Pharmacy against loss or theft;
  • Charged excessive dispensing fees for approximately 105,000 claims to the Ontario Drug Benefit Program, in or about April 7, 2015-May 1, 2017, and/or approximately 175 claims to the Non-Insured Health Benefits Program, in or about November 8, 2016-May 1, 2017, in relation to medications dispensed daily rather than in the quantities prescribed, without direction from prescribers, authorization from the patients or for any other appropriate documented reason for doing so;
  • Failed to verify delivery by receipt signed by the patient or patient’s agent for medications dispensed daily in relation to approximately 105,000 claims to the Ontario Drug Benefit Program, in or about April 7, 2015-May 1, 2017, and/or approximately 175 claims submitted to the Non-Insured Health Benefits Program, in or about November 8, 2016-May 1, 2017

In particular, it is alleged that he

  • Contravened a term, condition or limitation imposed on his certificate of registration
  • 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
  • Signed or issued, in his professional capacity, a document that he knew contained a false or misleading statement
  • Submitted an account or charge for services that he knew was false or misleading
  • Charged a fee that is excessive
  • Contravened the Act, the Drug and Pharmacies Regulation Act, the Regulated Health Professions Act, 1991, or the regulations under those Acts, and in particular, section 23(2) of the Health Professions Procedural Code; section 5 of O.Reg. 202/94; sections 139, 147, 152 and/or 156 of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c. H-4, and/or section 54, 55 and/or 56 of O.Reg. 58/11
  • 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, section 10 of the Narcotic Safety and Awareness Act, 2010; sections 38 and/or 43 of the Narcotic Control Regulations, C.R.C., c.1041; sections 5, 6 and/or 15 of the Ontario Drug Benefits Act; and/or sections 18 and/or 27 of O.Reg. 201/96
  • 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