Members who may be Incapacitated
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Members and facility operators are increasingly asking the College what their responsibilities are whenever they encounter a member who they suspect may be incapacitated.

What does “incapacitated” mean?

A member is “incapacitated” when he/she is suffering from a physical or mental illness or condition that may make it necessary for actions to be taken to restrict his or her ability to practise pharmacy for the best interest of public safety.The most common cases of incapacity involve mood disorders or substance-use problems, but certain physical, cognitive, or sensory disabilities could also fall within the definition of incapacity. Incapacitated is defined in s.1(1) of the Health Professions Procedural Code (Code) being Schedule 2 to the Regulated Health Professions Act, 1991, as :

    “suffering from a physical or mental condition or disorder that makes it desirable in the interest of the public that the member’s certificate of registration be subject to terms, conditions or limitations, or that the member no longer be permitted to practise”
If, in the course of the practice of pharmacy, an employer or facility operator, or suspects that a member may be incapacitated as it is defined in the Code, the person is required to take suitable action to protect the public interest and act in accordance with any statutory requirements set out in the legislation.As well, if the Designated Manager or owner/operator of a pharmacy or a facility that employs a member of the College, terminates a member for reasons of incapacity, the termination, and the reasons for the termination, must be reported to the College, in writing, within thirty days of the date the member was terminatedThe following guidelines outline the professional, ethical and legal responsibilities for members who either suspect or know a member is incapacitated.

What is significant about an incapacitated member who continues to practise untreated?

A member who is incapacitated but practises pharmacy without any restrictions is placing him/herself, his/her patients and the public at risk. Moreover, the member’s condition may not improve if the member does not receive appropriate care and/or treatment that supports a stable recovery.

The Professionals Health Program (PHP):

The Ontario College of Pharmacists entered into an agreement with the PHP to provide case management, advocacy and monitoring for its members. The primary objective is to ensure that an incapacitated member obtains appropriate treatment leading to a healthy lifestyle allowing the member to practise safely when he/she returns to a practice environment

To Access the PHP’s website, Click here

Warning Signs

Most professionals who suffer from a substance abuse, use or abuse disorder or who have an emotional or psychiatric disorder may experience various levels of deterioration in different facets of their personal lives. They are often still able to function professionally when all other parts of their lives are not functioning as work is often the last place to deteriorate — especially if the incapacity involves drug use. As a result, a person’s incapacity may have already escalated to a significant degree before it is observed in the workplace. The following are some typical, well-documented, warning signs for behaviours of a member who maybe incapacitated:

Physical changes
  • Change in appearance/poor hygiene
  • Tired appearance/insomnia
  • Frequent shaking and/or sweating
  • Loss of appetite/weight loss
  • Slurred speech
Behavioral Changes
  • Mood swings
  • Memory loss or blackouts
  • Withdrawal from friends and social activity
  • Extreme anger, mistrust, anxiousness, depression, irritability
  • Frequent work breaks
  • Denial of having “problems” or need to be helped
Performance Changes
  • Increased disorganization
  • Increased number of prescription errors
  • Increased number of customer complaints
  • Frequent absences
  • Lack of concentration or focus
Narcotic Shortages (For Substance Dependency or Abuse Cases)
  • Shortages associated with the member’s work schedule
  • The member asks to have special narcotic responsibilities
  • The member volunteers/asks to work shifts when the fewest staff are available