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Medical Professionals (RHPA) - Pharmacies - Cases. Geris v. Ontario College of Pharmacists
In Geris v. Ontario College of Pharmacists (Div Ct, 2020) the Divisional Court considered the role of the 'Inquiries, Complaints and Reports Committee' (ICRC) of the Ontario College of Pharmacists. Such bodies are common with Regulated Health Professions Act-governed professions:[32] The ICRC performs a screening function. It does not make findings of disputed fact and is not required to resolve every factual dispute through additional investigation or, for that matter, in its reasons. Neither does it make findings of professional misconduct. Rather, it investigates concerns and determines whether they warrant a referral to discipline or other, less intrusive, responses: Armogan v Health Professions Appeal and Review Board, 2013 ONSC 3095 (Div. Ct.) at para. 5.
[33] Cautions and educational or remedial directions are not meant as sanctions or penalties but are meant to benefit the practitioner and the patients by avoiding future complaints of a similar nature: Armogan, para. 9. . Longman v. Ontario College of Pharmacists
In Longman v. Ontario College of Pharmacists (Div Ct, 2021) the Divisional Court sets out the role of the ICRC under the Regulated Health Professions Act:[33] The ICRC performs a screening function. Its role is to investigate concerns and determine whether the matter warrants a referral to discipline on account of professional misconduct or incompetence or some lesser remedial measure including closing the file is called for. See: Léger-Legault v. Ontario College of Teachers (2008), 2008 CanLII 54307 (ON SCDC), 242 OAC 126 (Div. Ct.) at para. 10.
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[43] The Applicant objects to the ICRC’s requirement that he receive an oral caution and take a course in medication safety. He submits that both are unduly severe in the circumstances, given that he has taken responsibility for his error in the September 16, 2018 refill. Further, because both the caution and the educational requirement are posted on the College’s website and made public, he submits the requirements amount to a penalty which is not warranted.
[44] Cautions and educational directions are remedial in nature and not sanctions or penalties. They are meant to improve the Member’s practice and benefit the public they serve by avoiding future concerns. See: Banner v. College of Physicians and Surgeons of Ontario, 2012 ONSC 5547 (Div. Ct.) at para. 11; Fielden v. Health Professions Appeal and Review Board, 2013 ONSC 4261 (Div. Ct.) at para. 10.
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