AMENDED NOTICE OF HEARING

Transcription

1 IN THE MATTER of the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as amended, and the regulations thereunder, as amended; AND IN THE MATTER of the Pharmacy Act, 1991, S.O. 1991, c.36, as amended and the regulations thereunder, as amended; AND IN THE MATTER of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c.h.4, as amended, and the regulations thereunder, as amended; AND IN THE MATTER of allegations of professional misconduct and/or incompetence referred by the Inquiries, Complaints and Reports Committee to the Discipline Committee of the Ontario College of Pharmacists regarding GEORGE ODURO; AMENDED NOTICE OF HEARING TO: George Oduro, R.Ph. (OCP #215645) [Address] AND TO: Rebecca Young Damien R. Frost and Associates 30 St. Clair Avenue West, Suite 103 Toronto, ON M4V 3A1 TAKE NOTICE THAT it is alleged: 1. You committed an act or acts of professional misconduct as provided by subsection 51(1) of the Health Professions Procedural Code of the Pharmacy Act, 1991, S.O. 1991, c. 36, as amended, in that you were found guilty of offences that are relevant to your suitability to practise, in particular that, on or about June 14, 2014, you were found guilty of uttering a threat to cause bodily harm to a person, which is an offence contrary to section 264.1(1) of the Criminal Code of Canada, and assault, which is an offence contrary to section 266 of the Criminal Code of Canada. You committed an act or acts of professional misconduct as 2. the Pharmacy Act, 1991, S.O. 1991, c. 36, as amended, and subsection 1(1) of Ontario Regulation 681/93, as amended, in that you contravened a term, condition or limitation imposed on your certificate of registration by section 5 of Ontario Regulation 202/94 under the Pharmacy Act, 1991, with respect to the following incidents:

2 2 failing to provide details to the Registrar of charges relating to four offences under the Criminal Code of Canada made in or about December 2011, including but not limited to in responses to questions for the annual renewal applications submitted to the College in 2012, 2013, and 2014; and/or failing to provide details to the Registrar of findings of guilt relating to two offences under the Criminal Code of Canada made on or about June 14, You committed an act or acts of professional misconduct as the Pharmacy Act, 1991, S.O. 1991, c. 36, as amended, and subsection 1(2) of Ontario Regulation 681/93, as amended, in that you failed to maintain a standard of practice of the profession with respect to the following incidents: failing to report to the Registrar that you had been charged with four offences under the Criminal Code of Canada in or about December 2011; March of 2012, March of 2013, and March of 2014 regarding these proceedings in respect of them; failing to report to the Registrar that you had been found guilty of offences under the Criminal Code of Canada on or about June 14, 2014; and/or 2015 regarding these findings of guilt of offences under the Criminal Code of Canada. 4. You committed an act or acts of professional misconduct as the Pharmacy Act, 1991, S.O. 1991, c. 36, as amended, and subsection 1(14) of Ontario Regulation 681/93, as amended, in that you falsified a record relating to your practice with respect to the following incidents: March of 2012, March of 2013, and March of 2014 regarding the proceedings in respect of them; and/or

3 regarding the findings of guilt of offences under the Criminal Code of Canada. 5. You committed an act or acts of professional misconduct as the Pharmacy Act, 1991, S.O. 1991, c. 36, as amended, and subsection 1(15) of Ontario Regulation 681/93, as amended, in that you signed or issued, in your professional capacity, a document that you knew contained a false or misleading statement with respect to the following incidents: March of 2012, March of 2013, and March of 2014 regarding the proceedings in respect of them; and/or 2015 regarding the findings of guilt of offences under the Criminal Code of Canada. 6. You committed an act or acts of professional misconduct as the Pharmacy Act, 1991, S.O. 1991, c. 36, as amended, and subsection 1(21) of Ontario Regulation 681/93, as amended, in that you contravened the Act and/or the Regulated Health Professions Act, 1991 and/or the regulations under those Acts, including subsection 5(1) of Ontario Regulation 202/94 under the Act, with respect to the following incidents: failing to report to the Registrar that you had been charged with four offences under the Criminal Code of Canada in or about December 2011; March of 2012, March of 2013, and March of 2014 regarding these proceedings in respect of them; failing to report to the Registrar that you had been found guilty of offences under the Criminal Code of Canada on or about June 14, 2014; and/or

4 regarding these findings of guilt of offences under the Criminal Code of Canada. 7. You committed an act or acts of professional misconduct as the Pharmacy Act, 1991, S.O. 1991, c. 36, as amended, and subsection 1(30) of Ontario Regulation 681/93, as amended, in that you engaged in conduct or performed an act or acts relevant to the practice of pharmacy that, having regarding to all the circumstances, would reasonably be regarded by members of the profession as disgraceful, dishonourable or unprofessional, with respect to the following incidents: (e) engaging in uttering a threat to cause bodily harm to a person, which is an offence contrary to section 264.1(1) of the Criminal Code of Canada, and assault, which is an offence contrary to section 266 of the Criminal Code of Canada, and in the conduct and acts which form the basis of those criminal convictions; failing to report to the Registrar that you had been charged with four offences under the Criminal Code of Canada in or about December 2011; March of 2012, March of 2013, and March of 2014 regarding these proceedings in respect of them; failing to report to the Registrar that you had been found guilty of offences under the Criminal Code of Canada on or about June 14, 2014; and/or 2015 regarding these findings of guilt of offences under the Criminal Code of Canada. AND TAKE FURTHER NOTICE that, under the authority of the Regulated Health Professions Act, 1991, and the Health Professions Procedural Code, the Discipline Committee of the Ontario College of Pharmacists ("the College") will hold a hearing into the allegations of professional misconduct and/or incompetence. The hearing has been scheduled for November 18, 2016, commencing at 9:30AM, at the Ontario College of Pharmacists, located at 483 Huron Street in Toronto, Ontario.

5 5 AND TAKE FURTHER NOTICE that, if you are found to have committed an act of professional misconduct and/or to be incompetent, the Discipline Committee may make an order, under section 51(2) of the Health Professions Procedural Code, doing any one or more of the following: (e) (f) (g) directing the Registrar to revoke your certificate of registration; directing the Registrar to suspend your certificate of registration for a specified period of time; directing the Registrar to impose specified terms, conditions and limitations on your certificate of registration for a specified or indefinite period of time; requiring you to appear before the panel to be reprimanded; requiring you to pay a fine of not more than THIRTY-FIVE THOUSAND DOLLARS ($35,000.00) to the Minister of Finance; if the act of professional misconduct was the sexual abuse of a patient, requiring you to reimburse the College for funding provided for that patient under the therapy and counseling program; and if the act of professional misconduct was the sexual abuse of a patient, requiring you to post security acceptable to the College to guarantee the payment of any amounts you may be required to reimburse the College for funding provided for that patient under the therapy and counseling program. AND TAKE FURTHER NOTICE that, if you are found to have committed an act of professional misconduct and/or to be incompetent, the Discipline Committee may make an order, under section 53.1 of the Health Professions Procedural Code, requiring you to pay all or part of the costs of the College, including: the College's legal costs and expenses; the College's costs and expenses incurred in investigating the matter; and the College's costs and expenses incurred in conducting the hearing. AND TAKE FURTHER NOTICE that, as provided in section 42 of the Health Professions Procedural Code, the College is required to make available or disclose to you, at least ten days before the hearing, the written or documentary evidence that may be relied upon by the College at the hearing, and the identity of witnesses who may give evidence against you at the hearing, including the

6 6 identity of any expert and a copy of the expert's written report or, if there is no written report, a written summary of the expert's evidence. AND TAKE FURTHER NOTICE that, as provided in section 42.1 of the Health Professions Procedural Code, you are required to disclose to the College, at least ten days before the hearing, the identity of any expert who may give evidence in your defence and a copy of the expert's written report, or if there is no written report, a written summary of the expert's evidence. AND TAKE FURTHER NOTICE that, as provided in Rule 7 of the Discipline Committee Rules of Procedure, you and the College are required to disclose to each other, at least ten days in advance of the hearing, all documents and witness statements or summaries of evidence for all witnesses upon which you or the College may seek to rely at the hearing. AND TAKE FURTHER NOTICE that you may be represented at the hearing by legal counsel, or by another representative authorized by law to provide legal services, if you so wish. AND TAKE FURTHER NOTICE that you or your representative may call and examine witnesses and present evidence and submissions on your behalf, and may cross-examine witnesses called to give evidence against you as may reasonably be required for full and fair disclosure of all matters relevant to the issues in the hearing. AND TAKE FURTHER NOTICE that, as provided in section 45(1) of the Health Professions Procedural Code, the hearing that is held in this matter shall be open to the public, subject to an order being made by the Discipline Committee excluding the public. AND TAKE FURTHER NOTICE that, if you do not attend at the hearing, the Discipline Committee may proceed in your absence and you will not be entitled to any further notice of the proceedings. DATED at Toronto, Ontario this i/ day of Avo.,0 Marshall Moleschi, R.Ph., B.Sc (Pharm), MHA Registrar &CEO Ontario College of Pharmacists

7 7 APPENDIX Legal counsel representing the Ontario College of Pharmacists in this matter is: WeirFoulds LLP Barristers and Solicitors Suite Wellington Street West Toronto-Dominion Centre Toronto, ON M5K1B7 Alexandra C.J. Wilbee Tel: Fax: Documents and reports which will be given as evidence at the hearing may be examined during normal business hours at the offices of the College's legal counsel by arrangement with Ms. Wilbee. You may make photocopies of documents and reports which will be given in evidence at the hearing. You will be required, however, to reimburse the costs of photocopying at the time any copies are made.