Suspension of Pharmacist for Misconduct, Including Unsupervised Medicine Supply and Fraudulent MUR Claims

The case involved a pharmacist who was the Responsible Pharmacist (RP), Superintendent Pharmacist (SI), and a director of a community pharmacy in Stockport between January 2018 and August 2019. Concerns were raised about his management practices, including the absence of a pharmacist from the premises during medicine supply, improper handling of controlled drugs, and submission of fraudulent Medicine Use Reviews (MURs) for financial gain.

Key Allegations and Findings:

1. Unsupervised Supply of Medicines:
   The pharmacist was found to have caused or allowed multiple prescriptions, including controlled drugs, to be supplied in his absence. Instead of being physically present to check prescriptions, he relied on an electronic messaging system (WhatsApp) to approve the supply remotely, a serious breach of professional responsibility.
2. Failure to Secure Controlled Drugs:
   The registrant failed to maintain safe custody of controlled drugs by not securing the CD keys adequately. This posed a significant patient safety risk.
3. Fraudulent MUR Claims:
   The pharmacist was found to have submitted claims for MURs that were never conducted, thus obtaining NHS funds fraudulently.
4. Dishonest Conduct and False Record-Keeping:
   The registrant was found to have instructed staff not to record near misses and dispensing errors and to create false reports of medication errors and near misses. Additionally, he claimed payment for items that had not been supplied.
5. Use of Unauthorized Personal Devices for Confidential Data Storage:
   The registrant admitted to using personal electronic devices to store confidential patient data, in breach of data protection regulations.
6. Employment of Untrained Staff Beyond Their Competency:
   The pharmacist was found to have employed untrained staff and instructed them to perform tasks beyond their competence, including handling prescriptions unsupervised.

Sanction and Learning Points:

The GPhC determined that the pharmacist’s misconduct was severe enough to warrant a 5-month suspension. The panel considered that while the registrant lacked experience in managing a pharmacy, his misconduct was aggravated by dishonesty, breaches of patient safety, and failure to take responsibility for his actions.

Learning Points for Pharmacists:

• Pharmacists must always be physically present when medicines are being supplied and should not rely on remote approvals for dispensing.
• Secure storage and restricted access to controlled drugs is a fundamental requirement under UK pharmacy regulations.
• Fraudulent claims for NHS services not only damage trust but can lead to serious regulatory and legal consequences.
• Honesty and integrity in record-keeping and patient interactions are essential for maintaining public trust in the profession.
• Staff must be properly trained and supervised to ensure safe pharmacy practice.