notice of hearing - ocpinfo.com · 3 as amended, and subsection 50(14) of o.reg. 58/11, as amended,...

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, &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 proprietary or other misconduct referred by the Accreditation Committee to the Discipline Committee of the Ontario College of Pharmacists regarding ALLEN KULA and W.J. GAGNE DRUGS LIMITED;

NOTICE OF HEARING

TO: Allen Kula, R.Ph. (OCP #28479)

AND TO:

AND TO:

W.J. Gagne Drugs Limited c.o.b. as Romana Pharmacy (Accreditation #303221)

Derrick Fulton Steinberg Title Hope and Israel, LLP 5255 Yonge Street Toronto, ON M2N 6P4

TAKE NOTICE it is alleged that:

1. Allen Kula committed an act or acts of proprietary misconduct as provided by subsection 140(1) of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c.H.4, as amended, and subsection 50(12) of O.Reg. 58/11, as amended, in that, as director of W.J. Gagne Drugs Limited, c.o.b. as Romana Pharmacy, and/or Designated Manager of Romana Pharmacy in Keswick, Ontario, he failed to keep records required to be kept by the pharmacy respecting the patients and the practice of the pharmacy with respect to the following incidents:

(a) failing to keep records of prescriptions dispensed for the patients, F.C., J.H., JY., LS. and/or V.G., in or about April-September 2014;

[Address]

[Address]

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(b) failing to keep records as required regarding current prescriptions but instead "piggybacking" on old prescriptions for the patients, F.C., J.B., J.Y., L,S, and/or V.G., in or about June-November 2014;

(c) dispensing medications to patients other than the specific medications identified in the prescription records, including ferrous gluconate and/or risperidone, in or about January-August 2014;

(d) failing to sign prescription hardcopies by a pharmacist for as many as 1,115 dispensing or billing transactions for up to 116 patients, in or about April-November 2014;

(e) failing to maintain prescription records in a readily-retrievable manner, including the records for prescriptions #1016960-1016970, 1018990, 1019511, 1019787, 1020018, 1020889-1020891, 1023694, 1024391, 1025560, 1025793, 1025794, 1026097, 1026189, 1039133, 1032350-1032356, 1033311, 1033714, 1033736, 1034758, 1034759, 1036158, 1037889-1037903, 1038187-1038201, 1038334- 1038336, 1038376-1038381, 1039097, 1041231, 1041242, 1041391-1041398, 1045203-1045210, 1052920, 1054655-1054665, 1055132-1055134, 1055227, 1055340-1055351, 1055625 and/or 9001580; and/or

(f) failing to maintain records regarding authorizations for medications dispensed to patients in retirement homes, and/or prescription hardcopies signed by a pharmacist for such transactions, in or about July-August 2014.

2. Allen Kula committed an act or acts of proprietary misconduct as provided by subsection 140(1) of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c.H.4, as amended, and subsection 50(13) of O.Reg. 58/11, as amended, in that, as director of W.J. Gagne Drugs Limited, c.o.b. as Romana Pharmacy, and/or Designated Manager of Romana Pharmacy in Keswick, Ontario, he falsified a record of the pharmacy with respect to the following incidents:

(a) dispensing and/or billing prescription and non-prescription medications, without authorization, for the patients, J.H., J.B. and/or M.C., in or about February-August 2014;

(b) failing to keep records as required regarding current prescriptions but instead "piggybacking" on old prescriptions for the patients, F.C., J.B., J.Y., L.S, and/or V.G., in or about June-November 2014;

(c) falsifying claims for medications dispensed to patients at less frequent intervals than claimed for billing purposes for the patients, A.G., V.G., J.H., D.H., IT., L.T., S.Z., E.G., A.M., C.M., G.V., R.C., T.M., F.C., A.D., R.M., G.P., C.Q., WV., and/or J.Y., in or about January-November 2014; and/or

(d) dispensing medications to patients other than the specific medications identified in the prescription records, including ferrous gluconate and/or risperidone, in or about January-August 2014.

3. Allen Kula committed an act or acts of proprietary misconduct as provided by subsection 140(1) of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c.H.4,

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as amended, and subsection 50(14) of O.Reg. 58/11, as amended, in that, as director of W.J. Gagne Drugs Limited, c.o.b. as Romana Pharmacy, and/or Designated Manager of Romana Pharmacy in Keswick, Ontario, he signed or issued a document that contained a false or misleading statement with respect to the following incidents:


(b) failing to keep records as required regarding current prescriptions but instead "piggybacking" on old prescriptions for the patients, F.C., J.B., J.Y., L.S. and/or V.G., in or about June-November 2014;

(c) falsifying claims for medications dispensed to patients at less frequent intervals than claimed for billing purposes for the patients, A.G., V.G., J.H., D.H., I.T., L.T., S.Z., E.G., A.M., C.M., G.V., R.C., T.M., F.C., A.D., R.M., G.P., C.Q., W.V., and/or J.Y., in or about January-November 2014; and/or


4, Allen Kula committed an act or acts of proprietary misconduct as provided by subsection 140(1) of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c.H.4, as amended, and subsection 50(15) of O.Reg. 58/11, as amended, in that, as director of W.J. Gagne Drugs Limited, c.o.b. as Romana Pharmacy, and/or Designated Manager of Romana Pharmacy in Keswick, Ontario, he submitted an account or charge which was false or misleading with respect to the following incidents:


(b) falsifying claims for medications dispensed to patients at less frequent intervals than claimed for billing purposes for the patients, A.G., V.G., J.H., D.H., I.T., L.T., S.Z., E.G., A.M., C.M., G.V., R.C., T.M., F.C., A.D., R.M., G.P., C.Q., W.V. and/or J.Y., in or about January-November 2014;

(c) dispensing lesser quantities of medications than prescribed without the written agreement of the patients, or failing to keep records of any such agreements, for the patients, A.G., V.G., J.H., D.H., I.T., L.T., S.Z., E.G., A.M., C.M., G.V., R.C., T.M., F.C., A.D., R.M., G.P., C.Q., W.V. and/or J.Y., in or about January-November 2014; and/or

(d) dispensing medications to patients other than the specific medications identified in the prescription records, including ferrous gluconate, in or about January-August 2014.

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5. Allen Kula committed an act or acts of proprietary misconduct as provided by subsection 140(1) of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c.H.4, as amended, and subsection 50(16) of O.Reg. 58/11, as amended, in that, as director of W.J. Gagne Drugs Limited, c.o.b. as Romana Pharmacy, and/or Designated Manager of Romana Pharmacy in Keswick, Ontario, he charged a fee or an amount that was excessive in relation to the service or product provided with respect to the following incidents:


(b) falsifying claims for medications dispensed to patients at less frequent intervals than claimed for billing purposes for the patients, A.G., V.G., J.H., D.H., I.T., L.T., S.Z., E.G., A.M., C.M., GV., R.C., T.M., F.C., A.D., R.M., G.P., C.Q., W.V. and/or J.Y., in or about January-November;



6. Allen Kula committed an act or acts of proprietary misconduct as provided by subsection 140(1) of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c.H.4, as amended ('the Act"), and subsection 50(19) of O.Reg. 58/11, as amended, in that, as director of W.J. Gagne Drugs Limited, c.o.b. as Romana Pharmacy, and/or Designated Manager of Romana Pharmacy in Keswick, Ontario, he contravened the Act or the regulations made under the Act, and in particular, sections 150, 155 and/or 156 of the Act, and/or sections 54, 55, 56 and/or 57 of O.Reg. 58/11, with respect to the following incidents:


(b) failing to keep records of prescriptions dispensed for the patients, F.C., J.H., J.Y., L.S. and/or V.G., in or about April-September 2014;

(c) dispensing and/or billing prescription and non-prescription medications, without authorization, by relying on "blanket authorizations" from Dr. N.M. to renew prescriptions for the patients, G.B., N.D., S.Ma. and/or S.Mo., on or about May 27-28, 2014;

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(d) failing to keep records as required regarding current prescriptions but instead "piggybacking" on old prescriptions for the patients, F.C., J.B., J.Y., L.S. and/or V.G., in or about June-November 2014;

(e) falsifying claims for medications dispensed to patients at less frequent intervals than claimed for billing purposes for the patients, A.G., V.G., J.H., D.H., I.T., L.T., S.Z., E.G., A.M., C.M., G.V., R.C., T.M., F.C., AD., R.M., G.P., C.Q., W.V. and/or J.Y., in or about January-November 2014;

(f) dispensing lesser quantities of medications than prescribed without the written agreement of the patients, or failing to keep records of any such agreements, for the patients, A.G., V.G., J.H., D.H., I.T., L.T., S.Z., E.G., A.M., C.M., G.V., R.C., T.M., F.C., A.D., R.M., G.P., C.Q., W.V. and/or J.Y., in or about January-November 2014;

(g) dispensing medications to patients other than the specific medications identified in the prescription records, including ferrous gluconate and/or risperidone, in or about January-August 2014;

(h) failing to sign prescription hardcopies by a pharmacist for as many as 1,115 dispensing or billing transactions for up to 116 patients, in or about April-November 2014;

(i) failing to maintain prescription records in a readily-retrievable manner, including the records for prescriptions #1016960-1016970, 1018990, 1019511, 1019787, 1020018, 1020889-1020891, 1023694, 1024391, 1025560, 1025793, 1025794, 1026097, 1026189, 1039133, 1032350-1032356, 1033311, 1033714, 1033736, 1034758, 1034759, 1036158, 1037889-1037903, 1038187-1038201, 1038334- 1038336, 1038376-1038381, 1039097, 1041231, 1041242, 1041391-1041398, 1045203-1045210, 1052920, 1054655-1054665, 1055132-1055134, 1055227, 1055340-1055351, 1055625 and/or 9001580; and/or

U) failing to maintain records regarding authorizations for medications dispensed to patients in retirement homes, and/or prescription hardcopies signed by a pharmacist for such transactions, in or about July-August 2014.

7. Allen Kula committed an act or acts of proprietary misconduct as provided by subsection 140(1) of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c.H.4, as amended, and subsection 50(24) of O.Reg. 58/11, as amended, in that, as director of W.J. Gagne Drugs Limited, c.o.b. as Romana Pharmacy, and/or Designated Manager of Romana Pharmacy in Keswick, Ontario, he contravened a law of Canada or Ontario or any municipal by-law with respect to the distribution, purchase, sale or dispensing of any drugs or product in a pharmacy, and in particular, section 9 of the Food and Drugs Act, R.S.C. 1985, c.F-27, as amended; section 0.01.041 of the Food and Drug Regulations, C.R.C., c. 870, as amended; sections 9 and/or 10 of the Drug Interchangeability and Dispensing Fee Act, R.S.O. 1990, c.P.23, as amended; sections 5, 6 and/or 15 of the Ontario Drug Benefit Act, R.S.O. 1990, 0.0.10, as amended, and/or sections 27 and/or 29 of O.Reg.201/96, as amended, with respect to the following incidents:

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(e) falsifying claims for medications dispensed to patients at less frequent intervals than claimed for billing purposes for the patients, A.G., V.G., J.H., D.H., I.T., L.T., S.Z., E.G., A.M., C.M., G.V., R.C., T.M., F.C., A.D., R.M., G.P., C.Q., W.V. and/or J.Y., in or about January-November 2014;


(g) dispensing medications to patients other than the specific medications identified in the prescription records, including ferrous gluconate and/or risperidone, in or about January-August 2014; and/or

(h) failing to maintain records regarding authorizations for medications dispensed to patients in retirement homes, and/or prescription hardcopies signed by a pharmacist for such transactions, in or about July-August 2014.

8. Allen Kula committed an act or acts of proprietary misconduct, as provided by subsection 140(1) of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c.H.4, as amended, and subsection 50(30) of O.Reg. 58/11, as amended, in that, as director of W.J. Gagne Drugs Limited, c.o.b. as Romana Pharmacy, and/or Designated Manager of Romana Pharmacy in Keswick, Ontario, he engaged in conduct or performed an act relevant to the business of a pharmacy that would reasonably be regarded by members as disgraceful or dishonourable with respect to the following incidents:



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(e) falsifying claims for medications dispensed to patients at less frequent intervals than claimed for billing purposes for the patients, A.G., V.G., J.H., D.H., IT., L.T., S.Z., E.G., A.M., C.M., G.V., R.C., T.M., F.C., A.D., R.M., G.P., C.Q., W.V. and/or J.Y., in or about January-November 2014;

(f) dispensing lesser quantities of medications than prescribed without the written agreement of the patients, or failing to keep records of any such agreements, for the patients, A.G., VG., J.H., D.H., I.T., L.T., S.Z., E.G., A.M., C.M., G.V., R.C., T.M., F.C., A.D., R.M., G.P., C.Q., W.V. and/or J.Y., in or about January-November 2014;




(j) failing to maintain records regarding authorizations for medications dispensed to patients in retirement homes, and/or prescription hardcopies signed by a pharmacist for such transactions, in or about July-August 2014.

9. W.J. Gagne Drugs Limited committed an act or acts of proprietary misconduct as provided by subsection 140(1) of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c.H.4, as amended, and subsection 50(12) of O.Reg. 58/11, as amended, in that, as holder of Certificate of Accreditation #303221 for Romana Pharmacy in Keswick, Ontario, the corporation failed to keep records required to be kept by the pharmacy respecting the patients and the practice of the pharmacy with respect to the following incidents:

(a) failing to keep records of prescriptions dispensed for the patients, F.C., J.H., J.Y., L.S. and/or V.G., in or about April-September 2014;


(c) dispensing medications to patients other than the specific medications identified in the prescription records, including ferrous gluconate and/or risperidone, in or about January-August 2014;

(d) failing to sign prescription hardcopies by a pharmacist for as many as 1,115 dispensing or billing transactions for up to 116 patients, in or about April-November 2014;

(e) failing to maintain prescription records in a readily-retrievable manner, including the records for prescriptions #1016960-1016970, 1018990, 1019511, 1019787, 1020018, 1020889-1020891, 1023694, 1024391, 1025560, 1025793, 1025794, 1026097, 1026189, 1039133, 1032350-1032356, 1033311, 1033714, 1033736, 1034758, 1034759, 1036158, 1037889-1037903, 1038187-1038201, 1038334- 1038336, 1038376-1038381, 1039097, 1041231, 1041242, 1041391-1041398, 1045203-1045210, 1052920, 1054655-1054665, 1055132-1055134, 1055227, 1055340-1055351, 1055625 and/or 9001580; and/or

(f) failing to maintain records regarding authorizations for medications dispensed to patients in retirement homes, and/or prescription hardcopies signed by a pharmacist for such transactions, in or about July-August 2014.

10. W.J. Gagne Drugs Limited committed an act or acts of proprietary misconduct as provided by subsection 140(1) of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c.H.4, as amended, and subsection 50(13) of O.Reg. 58/11, as amended, in that, in that, as holder of Certificate of Accreditation #303221 for Romana Pharmacy in Keswick, Ontario, the corporation falsified a record of the pharmacy with respect to the following incidents:



(c) falsifying claims for medications dispensed to patients at less frequent intervals than claimed for billing purposes for the patients, A.G., V.G., J.H., D.H., I.T., L.T., S.Z., E.G., A.M., C.M., G.V., R.C., T.M., F.C., A.D., R.M., G.P., C.Q., W.V., and/or JX., in or about January-November 2014; and/or


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11. W.J. Gagne Drugs Limited committed an act or acts of proprietary misconduct as provided by subsection 140(1) of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c.H.4, as amended, and subsection 50(14) of O.Reg. 58/11, as amended, in that, as holder of Certificate of Accreditation #303221 for Romana Pharmacy in Keswick, Ontario, the corporation signed or issued a document that contained a false or misleading statement with respect to the following incidents:

(a) dispensing and/or billing prescription and non-prescription medications, without authorization, for the patients, J.H., J.B. and/or M.O., in or about February-August 2014;

(b) failing to keep records as required regarding current prescriptions but instead "piggybacking" on old prescriptions for the patients, F.C., J.B., JX., L.S. and/or V.G., in or about June-November 2014;

(c) falsifying claims for medications dispensed to patients at less frequent intervals than claimed for billing purposes for the patients, A.G., V.G., J.H., D.H., I.T., L.T., S.Z., E.G., A.M., C.M., G.V., R.C., T.M., F.C., A.D., R.M., G.P., C.Q., W.V., and/or J.Y., in or about January-November 2014; and/or


12. W.J. Gagne Drugs Limited committed an act or acts of proprietary misconduct as provided by subsection 140(1) of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c.H.4, as amended, and subsection 50(15) of O.Reg. 58/11, as amended, in that, as holder of Certificate of Accreditation #303221 for Romana Pharmacy in Keswick, Ontario, the corporation submitted an account or charge which was false or misleading with respect to the following incidents:


(b) falsifying claims for medications dispensed to patients at less frequent intervals than claimed for billing purposes for the patients, A.G., V.G., J.H., D.H., I.T., L.T., S.Z., E.G., A.M., C.M., G.V., R.C., T.M., F.C., A.D., R.M., G.P., C.Q., W.V. and/or WY., in or about January-November 2014;

(c) dispensing lesser quantities of medications than prescribed without the written agreement of the patients, or failing to keep records of any such agreements, for the patients, A.G., V.G., J.H., D.H., IT., L.T., S.Z., E.G., A.M., C.M., G.V., R.C., T.M., F.C., A.D., R.M., G.P., C.Q., W.V. and/or J.Y., in or about January-November 2014; and/or

(d) dispensing medications to patients other than the specific medications identified in the prescription records, including ferrous gluconate, in or about January-August 2014.

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13. W.J. Gagne Drugs Limited committed an act or acts of proprietary misconduct as provided by subsection 140(1) of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c.H.4, as amended, and subsection 50(16) of O.Reg. 58/11, as amended, in that, as holder of Certificate of Accreditation #303221 for Romana Pharmacy in Keswick, Ontario, the corporation charged a fee or an amount that was excessive in relation to the service or product provided with respect to the following incidents:


(b) falsifying claims for medications dispensed to patients at less frequent intervals than claimed for billing purposes for the patients, A.G., V.G., J.H., D.H., I.T., LT., S.Z., E.G., A.M., C.M., G.V., R.C., T.M., F.C., A.D., R.M., G.P., C.Q., W.V. and/or J.Y., in or about January-November 2014;



14. W.J. Gagne Drugs Limited committed an act or acts of proprietary misconduct as provided by subsection 140(1) of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c.H.4, as amended, and subsection 50(19) of O.Reg. 58/11, as amended, the Drug and Pharmacies Regulation Act, the Regulated Health Professions Act, 1991; sections 150, 155 and/or 156 of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c. H-4 as amended; and/or sections 54, 55, 56 and/or 57 of O.Reg.58/11, in that, as holder of Certificate of Accreditation #303221 for Romana Pharmacy in Keswick, Ontario, the corporation contravened the Act or the regulations made under the Act, and in particular, sections 150, 155 and/or 156 of the Act, and/or sections 54, 55, 56 and/or 57 of O.Reg. 58/11, with respect to the following incidents:




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(f) dispensing lesser quantities of medications than prescribed without the written agreement of the patients, or failing to keep records of any such agreements, for the patients, A.G., V.G., J.H., D.H., I.T., L.T., S.Z., E.G., A.M., C.M., G.V., R.C., T.M., F.C., AD., R.M., G.P., C.Q., W.V. and/or J.Y., in or about January-November 2014;





15. W.J. Gagne Drugs Limited committed an act or acts of proprietary misconduct as provided by subsection 140(1) of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c.H.4, as amended, and subsection 50(24) of O.Reg. 58/11, as amended, in that, as holder of Certificate of Accreditation #303221 for Romana Pharmacy in Keswick, Ontario, the corporation contravened a law of Canada or Ontario or any municipal by-law with respect to the distribution, purchase, sale or dispensing of any drugs or product in a pharmacy, and in particular, section 9 of the Food and Drugs Act, R.S.C. 1985, c.F-27, as amended; section C.01.041 of the Food and Drug Regulations, C.R.C., c. 870, as amended; sections 9 and/or 10 of the Drug Interchangeability and Dispensing Fee Act, R.S.O. 1990, c.P.23, as amended; sections 5,6 and/or 15 of the Ontario Drug Benefit Act, R.S.O. 1990, c.0.10, as amended; and/or sections 27 and/or 29 of O.Reg. 201/96, as amended, with respect to the following incidents:

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(c) dispensing and/or billing prescription and non-prescription medications, without authorization, by relying on "blanket authorizations" from Dr. N.M, to renew prescriptions for the patients, G.B., N.D., S.Ma. and/or S.Mo., on or about May 27-28, 2014;




(g) dispensing medications to patients other than the specific medications identified in the prescription records, including ferrous gluconate and/or risperidone, in or about January-August 2014; and/or

(h) failing to maintain records regarding authorizations for medications dispensed to patients in retirement homes, and/or prescription hardcopies signed by a pharmacist for such transactions, in or about July-August 2014.

16. W.J. Gagne Drugs Limited committed an act or acts of proprietary misconduct as provided by subsection 140(1) of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c.H.4, as amended, and subsection 50(30) of O.Reg. 58/11, as amended, in that, as holder of Certificate of Accreditation #303221 for Romana Pharmacy in Keswick, Ontario, the corporation engaged in conduct or performed an act relevant to the business of a pharmacy that would reasonably be regarded by members as disgraceful or dishonourable with respect to the following incidents:



(c) dispensing and/or billing prescription and non-prescription medications, without authorization, by relying on "blanket authorizations" from Dr. N.M. to renew

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prescriptions for the patients, G.B., N.D., S.Ma. and/or S.Mo., on or about May 27-28, 2014;








AND TAKE FURTHER NOTICE that, under the authority of the Drug and Pharmacies Regulation Act ("the Act"), the Regulated Health Professions Act, 1991, and the Health Professions Procedural Code ("the Code"), the Discipline Committee of the Ontario College of Pharmacists will hold a hearing into the above-noted allegations.

The hearing has been scheduled for February 14, 15, 16, 27, and 28, 2017, and March 1, 2017. The hearing will commence at 9:30AM each day at the Ontario College of Pharmacists, located at 483 Huron Street in Toronto, Ontario.

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AND TAKE FURTHER NOTICE that, if the Discipline Committee finds that you have established or operated a pharmacy in contravention of the Act or regulations or in contravention of terms, conditions or limitations on the certificate of accreditation, or committed an act or acts of proprietary misconduct, the Discipline Committee may make an order, under section 140(3.1) of the Act, doing any one or more of the following:

(a) directing the Registrar to revoke the certificate of accreditation of the pharmacy;

(b) directing the Registrar to suspend the certificate of accreditation of the pharmacy for a specified period of time;

(c) requiring the payment of a fine of not more than ONE HUNDRED THOUSAND DOLLARS ($100,000.00) to the Minster of Finance, and directing who shall make that payment; and

(d) directing the Registrar to impose specified terms, conditions or limitations on the certificate of accreditation for a specified period of time or an indefinite period of time.

AND TAKE FURTHER NOTICE that, if the Discipline Committee finds that you, as Designated Manager, have contravened the Act or regulations, or committed an act or acts of proprietary misconduct, the Discipline Committee may make an order, under section 140(3.2) of the Act and section 51(2) of the Code, doing any one or more of the following:

(a) directing the Registrar to revoke your certificate of registration;

(b) directing the Registrar to suspend your certificate of registration for a specified period of time;

(c) directing the Registrar to impose specified terms, conditions and limitations on your certificate of registration for a specified or indefinite period of time;

(d) requiring you to appear before the panel to be reprimanded; and

(e) requiring you to pay a fine of not more than THIRTY-FIVE THOUSAND DOLLARS ($35,000.00) to the Minister of Finance.

AND TAKE FURTHER NOTICE that, if the Discipline Committee finds that you have established or operated a pharmacy in contravention of the Act or regulations or in contravention of terms, conditions or limitations on the certificate of accreditation, or committed an act or acts of proprietary misconduct, or that you, as Designated Manager, have contravened the Act or regulations, or committed an act or acts of

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proprietary misconduct, the Discipline Committee may make an order, under section 53.1 of the Code, requiring you to pay all or part of the costs of the College, including.

(a) the College's legal costs and expenses;

(b) the College's costs and expenses incurred in investigating the matter; and

(c) the College's costs and expenses incurred in conducting the hearing.

AND TAKE FURTHER NOTICE that, as provided in section 42 of the 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 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 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 for the 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 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 /Uday of ALI 6 u f, 20 /

Marshall Moleschi, R.Ph., B.Sc. (Pharm.), MHA Registrar & CEO Ontario College of Pharmacists

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APPENDIX

The legal counsel representing the Ontario College of Pharmacists in this matter is:

PALIARE ROLAND ROSENBERG ROTHSTEIN LLP Barristers 155 Wellington Street West 35th Floor Toronto, ON M5V 3H1

Nick Coleman Tel: 416-646-4315 Fax: 416-646-4301

Documents and reports which will be given as evidence at the hearing may be examined during normal practice hours at the offices of the College's legal counsel by arrangement beforehand with Mr. Coleman.

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.