Pharmacist Removed from GPhC Register for Supplying Zolpidem Without a Licence and Exporting to Black Market

The General Pharmaceutical Council (GPhC) Fitness to Practise Committee investigated a pharmacist following his conviction for illegally supplying a controlled drug and engaging in wholesale distribution without a licence.

Between September 2015 and May 2016, while working as a pharmacy manager and superintendent pharmacist, he:

1. Supplied over 20,000 packets (500,000 tablets) of Zolpidem, a Class C controlled drug, to Trinidad without a wholesale licence.
2. Mislabeled shipments to disguise the fact that they contained a controlled drug, deceiving regulatory authorities.
3. Received payments into a personal bank account rather than business accounts.
4. Lied to the MHRA and destroyed records to cover up his activities.

The MHRA launched an investigation after Northbrook Pharmacy’s owner became suspicious of unusually large orders of Zolpidem.

Findings:

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

1. Wholesale Drug Exportation Without Legal Authorization:
   • The pharmacist knew that a Home Office licence was required but continued exporting controlled drugs illegally.
   • He misled wholesalers and customs authorities by describing the shipments as “medical products.”
2. Deceptive Business Practices and Financial Misconduct:
   • He received payments directly into his personal bank account, bypassing standard accounting procedures.
   • He destroyed original invoices and created fraudulent ones to mislead investigators.
3. Breach of Public Trust and Risk to Patient Safety:
   • The destination and end-use of the exported Zolpidem were unknown, creating a high risk of misuse and diversion.
   • There was no control over who received the drug or how it was distributed once it arrived in Trinidad.
4. Criminal Conviction and Custodial Sentence:
   • The pharmacist pleaded guilty at Birmingham Crown Court on 12 December 2019.
   • On 12 July 2021, he was sentenced to 27 months’ imprisonment for the illegal supply of controlled drugs.

GPhC Determination on Impairment:

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

Key considerations included:

• The pharmacist’s actions represented an abuse of professional privilege and responsibility.
• His deliberate deception and failure to report his activities to authorities significantly undermined public trust in the profession.
• Even though no direct patient harm was proven, the potential for misuse of the illegally exported Zolpidem was significant.

In the committee’s words:

“The Registrant has demonstrated a sustained lack of respect for the laws of this country and failed to abide by most of the fundamental principles of his profession.”

The committee rejected the pharmacist’s argument that a lesser sanction was appropriate, stating that:

“Pharmacists are trusted to purchase, store, and supply under prescription a variety of drugs, some of which are controlled under the Misuse of Drugs Act. It is for that reason that the selling of a controlled drug on the black market is such a serious offence.”

Sanction:

The committee imposed removal from the GPhC register, considering:

• Aggravating Factors:
  • Large-scale and long-term illegal activity involving 500,000 tablets of Zolpidem.
  • Deliberate deception, including fraudulent invoices and misleading regulators.
  • Personal financial gain from the unlawful supply of drugs.
• Mitigating Factors:
  • The pharmacist pleaded guilty at the earliest opportunity.
  • He expressed remorse and engaged in rehabilitation while in prison.
  • He had previously been a respected pharmacist with no prior disciplinary history.

However, despite these mitigating factors, the committee ruled that removal from the register was necessary, stating:

“The seriousness of the Registrant’s convictions and their impact on the public interest outweigh the Registrant’s own interests in maintaining his registration.”

Key Learning Points for Pharmacy Professionals:

This case highlights critical lessons regarding controlled drug regulations, professional integrity, and ethical pharmacy practice.

1. Wholesale Supply of Controlled Drugs Requires Proper Licensing:
   • Pharmacists must hold a Home Office licence for wholesale distribution of controlled drugs.
   • Ignoring licensing requirements can lead to criminal prosecution and imprisonment.
2. Deception and Financial Misconduct Have Serious Consequences:
   • Falsifying invoices, mislabeling shipments, and receiving payments outside of business accounts are clear breaches of pharmacy standards.
   • Regulators and courts view financial misconduct and dishonesty as serious offenses.
3. Exporting Controlled Drugs Illegally Can Lead to Professional Ruin:
   • The pharmacist lost his career, served a prison sentence, and will not be able to apply for re-registration for five years.
   • Pharmacists must act with transparency and integrity, particularly when handling controlled substances.
4. GPhC Takes a Zero-Tolerance Approach to Dishonesty and Criminal Activity:
   • Even if no direct patient harm occurs, breaching trust in the profession is enough to warrant removal from the register.
   • Pharmacists must uphold ethical and legal standards at all times, regardless of business pressures.