Pharmacist Lawyers for all of Ontario
At Damien Frost & Associates LLP our complaint and discipline lawyers defend Pharmacists being investigated by the Ontario College of Pharmacists (OCP).
It is important to consult with a lawyer early in order to prevent disciplinary action.
Pharmacist Defence Lawyer for the Ontario College of Pharmacists
If you have been notified that you are the subject of a complaint or Mandatory Report to the Ontario College of Pharmacists, you should seek immediate legal representation.
Whether you are the subject of a complaint or report concerning a dispensing error, record keeping, or billing practices, Damien Frost & Associates LLP can help. An experienced lawyer will represent you throughout the entire complaint and investigation process, to ensure that your rights are protected and that you have the best chance of success.
What does the College of Pharmacists do about a Complaint?
If a complaint has been made about you to the Ontario College of Pharmacists, you have the right to receive the complaint and make written submissions to the Inquiries, Complaints and Reports Committee (“the ICRC”) of the College.
The lawyers at Damien Frost & Associates LLP have experience drafting submissions on behalf of pharmacists in a manner that ensures they cannot be used against them in the future.
What is a Report of Investigation?
If you have been the subject of an investigation by the Ontario College of Pharmacists, you have the right to receive the Report of Investigation and make submissions to the ICRC. These submissions should be drafted by experienced counsel in order to protect your rights and interests and to ensure that your professional reputation and career are protected.
The stakes can be high, as some decisions made by the ICRC are public and posted on your profile on the College’s website.
The Inquiries, Complaints and Reports Committee
As explained above, the ICRC will decide what action, if any, to take in response to a complaint or Report of Investigation. Written submissions before the ICRC are crucial, as it represents the one and only chance you have to convince the College not to take action against you, or to make the least restrictive order. In some cases, the best outcome is for the ICRC to dismiss a complaint. In other cases, the best outcome may be to keep the matter from being referred to the Discipline Committee for a hearing, where your licence and reputation can be at stake.
Apart from deciding what to do with respect to complaints and reports of investigation, the ICRC also has the authority, in specific cases, to impose interim suspensions or conditions, terms and limitations on your ability to practice. If you receive notice that the ICRC is considering an interim order restricting your practice, you need to contact a lawyer immediately. In rare cases, the ICRC can impose an interim order before you have had an opportunity to respond to any complaint or report of investigation.
How can a Pharmacist Lawyer help you?
You should speak to an experienced pharmacist lawyer, like the ones at Damien Frost & Associates LLP, about your written response to the ICRC as any material provided at this stage can be used against you before the Discipline Committee.
It is important that your legal interests are protected and this early opportunity to convince the ICRC to take no action against you is one you should not undertake without legal assistance. The ICRC does not contact you directly to hear your side of the story.
There is no hearing, meeting, or phone conference where you get to tell the ICRC what did or did not happen. Your only opportunity to address the complaint or Report of Investigation is in writing. Your written response should address both the merits of the complaint, but also the options available to the ICRC and any previous decisions it has made in similar cases.
If you have a deadline to respond to the ICRC, you should speak to our defence lawyers today about your legal rights and how to best draft your response.
Lawyers for Matters before the Discipline Committee of the Ontario College of Pharmacists
The lawyers at Damien Frost & Associates LLP have significant experience handling disciplinary matters with the Ontario College of Pharmacists. The Discipline Committee has broad powers which can have a serious effect on your professional licence and career.
Any decision made by the College of Pharmacists Discipline Committee is published on its website. If the Discipline Committee makes a finding of professional misconduct against you, it has the power to: revoke your certificate of registration, suspend your certificate and/or impose terms and conditions on your practice. It can also order you to pay thousands of dollars to the College in fines and costs.
It is crucial to have experienced legal representation as soon as you learn that allegations of professional misconduct are being referred to a disciplinary hearing. Consult with our team to learn more about your options.
Click here to contact our firm to arrange a free consultation.
Ministry of Health and Long-Term Care Investigations
The Ministry of Health and Long-Term Care will often audit and investigate pharmacies for their billings under the Ontario Drug Benefit (“ODB”) Plan. Audits by the Ministry can have far reaching consequences for the shareholders and directors of the corporation that owns and operates the pharmacy. Every pharmacy has a Health Network System (“HNS”) subscription agreement with the Ministry to allow it to bill the Ontario Drug Benefit Program. The Executive Officer of the Ministry has the authority to suspend or revoke a pharmacy’s ability to bill the ODB when there are concerns with unsubstantiated or invalid claims for payment submitted. Those concerns can include billings that are against the ODB’s regulations where reimbursement is not eligible (such as an early refill) or where there is an allegation that the claims themselves were unsubstantiated (as in billed by the pharmacy but not dispensed to a patient). These concerns range from administrative in nature to criminal or quasi-criminal.
If you own or operate a pharmacy, or are the Designated Manager at one that is being audited or investigated by the Ministry of Health or any third party insurance company like Telus Health, it is crucial that you speak to an experienced lawyer to protect your business, reputation, and career. Having your billing privileges revoked or terminated can often result in your name being added to a list that prohibits you from ever having a relationship with any other pharmacy or corporation that operates a pharmacy without the express approval of the Ministry.
If you or your pharmacy is being audited or investigated by the Ministry of Health and Long Term Care, click here to find out more about how we can help.
