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Pharmacist Defence Lawyers: Ontario Lawyers for Pharmacists

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.

Members of The Criminal Lawyers Association, Toronto Lawyers Association, Ontario Bar Association 
and Advocates' Society.


Highly Recommend!

"I have been very pleased working with Rebecca. She worked very efficiently, professionally and cared for every step, as we went through the process with Ontario College of Pharmacists. Initially I thought I would be going through a nightmare when I received my paperwork from Ontario College of Pharmacists, but Rebecca made the process seamless and the outcome was positive. Thank-you Rebecca and I would highly recommend your excellent professional service to others."


Very Professional and Helpful

"I hired Ms Rebecca Young regarding a legal matter in October 2015. I found her and the firm to be very professional and helpful. The whole process took about one year to resolve. I followed her advice and the outcome was in my favour. I would recommend her for her professionalism, knowledge and pleasant attitude."


Excellent Advocacy. Pleased with the Outcome!

"Daniel, Thank you for your excellent work. I am pleased with the outcome. I didn’t feel ‘prosecuted’ and I believe that is due to your excellent advocacy skills and rapport with the Court."


Very Pleased with Mr. Frost’s Representation

"We were very pleased with Mr. Frost’s representation. He provided us with the best possible legal representation. He was dedicated to obtaining a tremendous resolution in what was complex litigation while being always mindful that we required a cost-effective solution."


Nothing Short of Remarkable!

"I was very grateful to have the knowledge, experience and support of Rebecca Young when I was presented with a legal issue concerning my private practice. She ensured that my own professionalism and experience were demonstrated while representing me in communication with the CRPO. In addition, she offered recommendations to improve my due diligence measures, thereby further protecting my business and reputation going forward. Thank you Rebecca."


Truly Professional, Confident & Trustworthy

"I was very happy with how Damien Frost handled my case and with what they accomplished for me. From my very first call with Rebecca, she gained my confidence and trust. She was very knowledgeable and she handled herself with true professionalism. She took the time to explain to me the process as well as her strategies so I always knew what was going on. She was always an email or a phone call away and she resolved my case to my full satisfaction."


Incredibly Supportive & Experienced

"I had an extremely positive experience working with Rebecca Young. She is so pleasant to deal with and not only provided sound counsel right from the first day but continued doing so in a manner that was clear and compassionate. Incredibly supportive and experienced team. I was kept up to date at every step and got an amazing outcome in a very short time. Highly recommend working with Rebecca!"


Instantly Put Me At Ease

Rebecca was very helpful in my particular situation. I spoke to a few lawyers before her and I can't tell you how good she was. She instantly put me at ease by telling me what I was dealing with - others had scared me a lot. She was almost my therapist whereby I would get in touch with her, send my thoughts, and get responses on what the process looked like - she was straightforward, compassionate and understanding of the situation. Great service and no fear-mongering at this company. Thank you for all your help, Rebecca!


Damien Frost & Associates LLP

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Suite 1, Toronto, ON M6H 1M6

Phone: 416-923-1900

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