Pharmacist Suspended for Four Months After Taking Codeine Linctus Without Payment

The General Pharmaceutical Council (GPhC) Fitness to Practise Committee investigated a pharmacist following allegations that he removed multiple bottles of codeine linctus without payment from two pharmacies where he worked as a locum in October 2020.

The allegations were as follows:

1. 27 October 2020 – Tuebrook Pharmacy (Liverpool):
   • The pharmacist ordered four bottles of codeine linctus.
   • He removed them without paying.
   • Staff later confirmed that no payment had been received.
2. 28 October 2020 – Upton Rocks Pharmacy (Widnes):
   • The pharmacist ordered another four bottles of codeine linctus.
   • Again, he removed them without making payment.
   • Staff at the pharmacy reported that they had not taken payment from him.

The GPhC argued that his actions were dishonest, alleging that he knowingly took the medication without permission or payment.

Findings:

The Fitness to Practise Committee reviewed:

• Witness testimonies from pharmacy staff.
• Invoices showing the orders.
• The pharmacist’s defense and personal circumstances.

The committee found that he had removed the bottles without paying, but it did not find sufficient evidence to conclude dishonesty.

The committee accepted that he was under significant stress at the time, affecting his recollection and actions.

However, they determined that his failure to follow pharmacy procedures and resolve the issue afterward amounted to misconduct.

GPhC Determination on Impairment:

The committee ruled that his fitness to practise was impaired, citing:

1. Failure to Follow Pharmacy Procedures:
   • The pharmacist should have ensured payment was properly recorded.
   • As a Responsible Pharmacist, he had a duty to set an example for colleagues.
2. Lack of Immediate Remedial Action:
   • Despite realizing the issue later, he did not contact the pharmacies or take steps to clarify the situation.
3. Potential Impact on Public Confidence:
   • The pharmacy profession relies on trust—patients and the public must be confident that pharmacists act with integrity.

The committee found his conduct serious enough to require regulatory action.

Sanction:

The committee imposed a four-month suspension, considering the following factors:

• Aggravating Factors:
  • The pharmacist took multiple bottles over two days.
  • He did not take steps to resolve the situation promptly.
• Mitigating Factors:
  • He was under significant personal and family stress.
  • He had no previous disciplinary issues.
  • The medication was not used for personal misuse.

The committee ruled that removal from the register would be disproportionate but that a short suspension was necessary to reinforce professional standards.

Review Requirements Before Reinstatement:

The committee required a review hearing before reinstatement, expecting the pharmacist to provide:

1. A reflective statement demonstrating full insight into why the situation arose and how he will prevent a recurrence.
2. Evidence of CPD or professional development completed during the suspension.

Failure to meet these expectations could result in an extension of the suspension or further sanctions.

Learning Points for Pharmacy Professionals:

This case highlights critical lessons regarding professional responsibility and integrity.

1. Follow Pharmacy Procedures for Purchasing Items:
   • Even for personal use, pharmacists must follow standard purchasing protocols.
   • No assumptions should be made regarding payment—ensure a clear record of the transaction.
2. Resolve Issues Immediately to Avoid Misconduct Allegations:
   • If a mistake or misunderstanding arises, it is the pharmacist’s duty to address it immediately.
   • Failure to act can escalate into a fitness to practise issue.
3. Public Trust in Pharmacists Requires High Standards:
   • Pharmacists are entrusted with highly regulated medicines—any breach of procedures can raise concerns.
   • Even unintentional errors can impact professional standing.
4. Personal Stress is Not an Excuse for Failing to Meet Professional Responsibilities:
   • The committee acknowledged personal pressures, but this did not excuse non-compliance with pharmacy standards.
   • Seeking support and using proper procedures is crucial during difficult times.
5. Sanctions Can Serve as a Learning Opportunity:
   • The pharmacist avoided removal, but a suspension was imposed to reinforce the importance of professional integrity.
   • Demonstrating full insight and corrective action is key to rehabilitation.