Pharmacist Removed from GPhC Register After Conviction for Fraud and Supplying Controlled Drugs

The General Pharmaceutical Council (GPhC) Fitness to Practise Committee investigated a pharmacist following his conviction for fraud and supplying controlled drugs.

Between May 2018 and June 2019, while working as a pharmacy manager at Golborne Pharmacy, the pharmacist:

1. Supplied excessive quantities of codeine linctus and Phenergan to a group of men without proper oversight or payment.
2. Initially refused to dispense after noticing suspicious purchases but later complied after being physically threatened.
3. Continued ordering and handing over large volumes of the drugs without intervention, leading to a police investigation.

Coercion and Threats Faced by the Pharmacist:

According to the pharmacist’s testimony, he attempted to refuse supplying the drugs but was:

• Confronted by four men outside the pharmacy and on his way home.
• Threatened with violence, shown knives and a gun.
• Told that his wife and daughter were being watched.
• Warned of consequences if he did not comply.

The following day, he received a phone call at work reiterating the threats, with demands to order over 100 bottles of codeine and Phenergan.

Fearing for his family’s safety, he continued supplying the medication for over a year, placing large stock orders that were collected by the gang without payment.

Discovery and Employer’s Intervention:

The misconduct came to light when the pharmacist’s employer noticed irregular stock orders for codeine linctus.

On 18 June 2019, the employer questioned the pharmacist, who:

• Initially claimed that the sales were legitimate over-the-counter transactions.
• Only admitted the coercion after being confronted with stock records.
• Reported the threats to the police the following month (16 July 2019).

The police launched an investigation, and the pharmacist was charged with fraud and drug supply offences.

On 13 September 2021, he pleaded guilty at Isleworth Crown Court and was sentenced to:

• 12 months imprisonment, suspended for 18 months.
• Six months imprisonment (for the drug supply charge), also suspended for 18 months.
• 200 hours of community service.

The judge accepted that the pharmacist did not financially benefit from the sales but emphasized that his failure to report the coercion sooner endangered public safety.

Findings:

The Fitness to Practise Committee found that the pharmacist’s actions constituted serious professional misconduct, considering:

1. Failure to Protect the Integrity of the Supply Chain:
   • The pharmacist knowingly allowed over 2,000 bottles of codeine linctus and Phenergan to be diverted.
   • His inaction contributed to the supply of controlled drugs outside of legitimate channels.
2. Failure to Report the Threats in a Timely Manner:
   • While the committee acknowledged the coercion, it found that he failed to report the threats until after being caught.
   • A pharmacist is expected to act with integrity and report criminal activity immediately.
3. Breach of Public Trust:
   • Pharmacists are gatekeepers of medicines, and his actions undermined public confidence in the profession.

GPhC Determination on Impairment:

The GPhC emphasized that the pharmacist’s conduct was fundamentally incompatible with registration.

Key considerations included:

• The pharmacist was responsible for safeguarding public health.
• The length of time he continued the misconduct (over a year) showed a failure to act decisively.
• The coercion was acknowledged, but the committee was not convinced that he would act differently in a future situation.

While the pharmacist showed remorse and insight, the committee found that removal from the register was the only proportionate sanction.

Sanction:

The committee imposed removal from the GPhC register, citing:

• Aggravating Factors:
  • Sustained misconduct over a long period.
  • Failure to report coercion promptly.
  • Risk to public safety by supplying controlled drugs to criminal groups.
• Mitigating Factors:
  • The pharmacist was under serious threat to his safety.
  • He did not financially benefit from the misconduct.
  • He pleaded guilty and cooperated with the investigation.

However, despite the mitigating circumstances, the committee ruled that the pharmacist could not remain on the register.

Key Learning Points for Pharmacy Professionals:

This case highlights critical lessons regarding professional integrity, coercion, and reporting criminal activity.

1. Pharmacists Must Act Decisively When Faced with Criminal Threats:
   • If threatened, pharmacists must immediately report the issue to the police or employer.
   • Failing to act can lead to disciplinary action, even if under duress.
2. Drug Supply Chain Integrity Must Be Protected:
   • Pharmacists are responsible for ensuring that controlled drugs are dispensed appropriately.
   • Diverting medications outside of legal channels, even under coercion, is unacceptable.
3. Professional Responsibility Overrides Personal Fear:
   • The GPhC considers patient safety and public trust paramount.
   • Fear alone does not absolve pharmacists from their professional obligations.
4. Regulatory Sanctions Can Be Severe for Failing to Report Misconduct:
   • While the pharmacist was threatened, the failure to report in a timely manner led to his removal from the register.
   • Early reporting of threats could have resulted in a different outcome.
5. Coercion Does Not Automatically Excuse Misconduct:
   • The committee accepted the pharmacist’s circumstances but still found his fitness to practise impaired.
   • Acting with integrity in difficult situations is a fundamental requirement in pharmacy practice.