IN THE MATTER of the Regulated Health Professions Act, 1991, S.O. 1991, c. 18, as amended, and the regulations thereunder, as amended;

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 SAID ATTALLA. NOTICE OF HEARING Said Attalla, R. Ph. TO: [address] AND TO: Howard C. Rubel Heller, Rubel Barristers 120 Adelaide Street West Suite 1902 Toronto, ON M5H 1T1 TAKE NOTICE THAT it is alleged that: 1. You committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Pharmacy Act, 1991, S.O. 1991, c. 36, as amended, and subsection 1(2) of Ontario Regulation 681/93, as amended, in that, from on or about June 1, 2009 to on or about June 1, 2011, while engaged in the practice of pharmacy as director and/or shareholder at Supercare Pharmacy in Toronto, Ontario, you failed to maintain a standard of practice of the profession with respect to: permitting, consenting to or approving, either expressly or by implication, the commission of an offence against s. 15(1)(b) of the Ontario Drug Benefit Act, R.S.O. 1990, c. 0.10, as amended, and/or Ontario Regulation 201/96 made thereunder relating to the practice of pharmacy or to the sale of drugs by a corporation of which you are a director, in respect of the drug and/or products listed in Appendix A;

2 2. You committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Pharmacy Act, 1991, S.O. 1991, c. 36, as amended, and subsection 1(27) of Ontario Regulation 681/93, as amended, in that, from on or about June 1, 2009 to on or about June 1, 2011, while engaged in the practice of pharmacy as director, and/or shareholder at Supercare Pharmacy in Toronto, Ontario, you permitted, consented to or approved, either expressly or by implication, the commission of an offence against s. 15(1)(b) of the Ontario Drug Benefit Act, R.S.O. 1990, c. 0.10, as amended, and/or Ontario Regulation 201/96 made thereunder relating to the practice of pharmacy or to the sale of drugs by a corporation of which you are a director, in respect of the drugs and/or products listed in Appendix A; 3. You committed an act or acts of professional misconduct as provided by subsection 51(1)(c) of the Health Professions Procedural Code of the Pharmacy Act, 1991, S.O. 1991, c. 36, as amended, and subsection 1(30) of Ontario Regulation 681/93, as amended, in that, from on or about June 1, 2009 to on or about June 1, 2011, while engaged in the practice of pharmacy as director, and/or shareholder at Supercare Pharmacy in Toronto, Ontario, you 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 with respect to: permitting, consenting to or approving, either expressly or by implication, the commission of an offence against s. 15(1)(b) of the Ontario Drug Benefit Act, R.S.O. 1990, c. 0.10, as amended, and/or Ontario Regulation 201/96 made thereunder relating to the practice of pharmacy or to the sale of drugs by a corporation of which you are a director, in respect of the drugs and/or products listed in Appendix A. 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 June 20 to 24, 2016 at 9:30 a.m. at the Ontario College of Pharmacists, 483 Huron Street, Toronto, Ontario. 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: directing the Registrar to revoke your certificate of registration; -2-

3 (b) (c) (d) (e) (f) (g) 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: (b) (c) 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 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. -3-

4 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 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 /0 day of November, Marshall Moleschi, R.Ph., B.Sc. (Pharm), MHA Registrar Ontario College of Pharmacists -4-

5 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 Jill Dougherty Tel: (416) Fax: (416) 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. Dougherty. 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. -5-

6 Appendix "A" Drucis and Products Ascensia Autodisc / Breeze 2 Test Strips (50, 100 strips) Contour strips (50, 100 strips) Crestor 20 mg (30 tablets) Dovobet ointment (60g) Elocom cream (50g) EZ Health oracle strips (100 strips) Flovent HFA 250mcg inhaler Humira 40 mg / 0.8 ml (2syringes) Lipitor 10 mg (905 tablets) Seroquel XR 300 mg (60 tablets) Seroquel XR 400 mg (60 tablets) -6-

7 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 Pharmacist regarding SAID ATTALLA. NOTICE OF HEARING WEIRFOULDS LLP Barristers and Solicitors Suite Wellington Street West Toronto-Dominion Centre Toronto, ON M5K1B7 Jill Dougherty Tel: (416) Fax: (416) Counsel for the Ontario College of Pharmacists