Your Rights as a Patient
In this section you will find important information on:
- How We Protect Your Safety
- Your Rights as a Patient
- The Complaints Process
- The Discipline Process
- Incapacitation Issues/Fitness to Practice
- Policies on Sexual Abuse Issues
How We Protect Your Safety:
- We set the standards, code of ethics and policies for professional conduct and practice
- We develop programs to monitor pharmacist's qualifications and skills and we develop ways to help them continue to improve their professional skills and knowledge
- We set the standards and rules for operating a pharmacy
- We address concerns and complaints about the conduct or practice of licensed pharmacists and pharmacy operators
- We help facilitate Safe Medication Use by supporting programs and initiatives aimed at preventing harmful medication incidents. For example, we support the Institute for Safe Medication (ISMP Canada)’s confidential reporting system for medication incidents. Click here for more information.
Your Rights as a Patient:
As a patient you are entitled to a high standard of care, and these are your rights:
- You have the right to ask your pharmacist to talk to you in a private or quiet area of the pharmacy to discuss your medications
- You can ask your pharmacist to set aside more time to meet with you if you have more questions about your health and medicines
- You have the right to be assured that all of your personal information is kept confidential by your pharmacist and all pharmacy staff
- You have the right to raise a concern or complaint about the care you have received with either your pharmacist or the pharmacist manager in your pharmacy. You may contact the Ontario College of Pharmacists to either inquire or submit a complaint (in writing) about the care that you have received from a pharmacist
The Complaints Process
The College encourages anyone who is not satisfied with the care received from a member of the College to discuss the problem directly with the member. A member is anyone who is registered with the College; this includes pharmacists, pharmacy interns and registered Pharmacy Technicians.
If you are not comfortable approaching the member directly about your concerns, you may be able to speak with the Designated Manager (“DM”) of the pharmacy. The DM is responsible for the operation of the pharmacy and may be able to help you.
Filing an official complaint
If you decide to file a formal complaint, you should:
- provide as much detail as possible about your concerns;
- If possible, identify the member(s)that is being complained about;
- provide the names and contact information of other health-care providers, or other persons who may have relevant information or may have been have been present when the incident occurred and
- provide your daytime telephone, email address, telephone number, and mailing address to the College
Complaints are handled in accordance with sections 25-35 of the Health Professions Procedural Code, being Schedule 2 to the Regulated Health Professions Act.
When the College receives a complaint, a file is opened and you are sent an acknowledgement letter. You may also be asked for additional details or documentation, such as prescription receipts or vials of medication and you may also be asked to sign and return to the College an Information Release Form allowing the College to speak with other health-care professionals involved in the complaint.
If it is not clear who the member is that you are complaining about, the DM will be contacted to help the College with identifying the member(s).
The member will be issued a Notice of Complaint with a copy of the complaint. The member has thirty days to provide the College with his or her written response and any pharmacy records that have been requested by the College. You will be given the member’s response for review and you can send the College any comments you have about the member’s response.
How is a complaint investigated?
A complaint is fully and impartially investigated by College staff. In order to preserve the integrity of the investigation, the College asks you, as the complainant, and the member to refrain from any communication with each other about the matter. The College expects that, you and the member will fully cooperate with the College’s investigation.
Who reviews the results of the investigation?
After the investigation is completed and all of the supporting documentation is received, a report of the investigation is reviewed by a panel of the Inquiries, Complaints and Reports Committee (“ICRC”). The ICRC deliberates over the information it has reviewed and makes a decision about how to dispose of the complaint.
A panel of the ICRC is composed of professional members and publicly appointed members of the College .College staff are not members of the ICRC; therefore, they are not involved in ICRC’s decision-making.
What can the ICRC do?
There are a number of options available to a panel of the ICRC. Depending on the nature of the complaint, the panel can:
- Make a Referral to the Discipline Committee
A small fraction of complaints that come before the ICRC are referred to the Discipline Committee and they usually involve serious matters where the panel is of the view that the member may have been dishonest, breached trust, appears to show, a willful disregard of professional values, and or appears to be unable to practise professionally or competently. - Take no Action
This often occurs when the panel is of the view that the member’s conduct and/or actions appear to be in compliance with the Standards of Practice of the Profession, the generally accepted standard adopted by members of the profession and all other relevant laws and regulations that apply. - Issue an Oral or Written Caution to the Member
Oral Cautions require the member to attend in person before a panel of the ICRC providing the panel with an opportunity to have a “face to face” discussion with the member about its concerns about the member’s practice and to hear from the member about the changes he or she will make to avoid a similar incident from occurring in the future. - Refer to Another Panel for a Health Inquiry
Where the investigation reveals that the conduct may be caused by an illness, disorder or substance abuse, the panel may refer to another panel of the ICRC to conduct health investigations - Require the Member to Take Specified Continuing Education Remediation Program (“SCERP”)
The ICRC has the ability to require a member to take specified remedial courses. The courses would be tailored to address concerns about a member’s practice formulated by the panel after it reviewed the investigation report. - Take Other Action Not Inconsistent with the Act
Unless the matter is referred to the Discipline Committee or to another panel of the ICRC to conduct health inquiries, both parties will receive a copy of the panel’s decision and reasons for the decision.
What if I disagree with the Panel’s decision and/or reasons?
Either party has the right to appeal the decision and reasons for the decision to the Health Professions Review and Appeal Board (“HPARB”).
Is this information public?
Complaints are a confidential process. The results of an investigation remain on the member’s file but are not available to the public. The exception to this rule is when the member along with specified allegations is referred to the Discipline Committee. Information about the referral and the allegations accompanying the referral are public information and are available on the College’s register.
Hearings before a panel of the Discipline Committee are public proceedings and are open to the public. The College publishes information about upcoming hearings on its website.
The Discipline Process
The Inquiries, Complaints and Reports Committee can refer specified allegations of professional misconduct to the Discipline Committee for a hearing and a determination. Section 51(1) of the Health Professions Procedural Code states:
A panel shall find that a member has committed an act of professional misconduct if,
(a) the member has been found guilty of an offence that is relevant to the member's suitability to practise;
(b) the governing body of a health profession in a jurisdiction other than Ontario has found that the member committed an act of professional misconduct that would, in the opinion of the panel, be an act of professional misconduct as defined in the regulations;
(b.0.1) the member has failed to cooperate with the Quality Assurance Committee or any assessor appointed by that committee;
(b.1) the member has sexually abused a patient; or
(c) the member has committed an act of professional misconduct as defined in the regulations.
(The “regulations” referred to in s.51(1)(c) are regulations under the Pharmacy Act- regulation 681/93)
As well, the Accreditation Committee can refer to the Discipline Committee the matter of whether or not a pharmacy has failed to conform to the requirements of the Drug and Pharmacies Regulation Act (see s.140).
Under the COMPLAINTS & DISCIPLINE section of this website, you will find some information regarding the general processes followed once a referral to the Discipline Committee has been made. It should be pointed out that complainants are not “parties” to such disciplinary proceedings, i.e., they do not direct the prosecution or make submissions separate from the College’s submissions.
The legislation and the College’s by-laws determines what information can be disclosed on the public register about particular past and current disciplinary proceedings.
Incapacitation Issues/Fitness to Practice
Pharmacists are not immune to drug dependency or abuse despite the fact that pharmacists have expertise in drugs (effects and uses).
For the benefit of the public, pharmacists are required to take suitable action if they know or suspect a pharmacist colleague is incapacitated.
If you have concerns or suspect your pharmacist may be suffering from issues of incapacitation, contact the College.
What does “incapacitated” mean?
A pharmacist is “incapacitated” when he/she is suffering from a physical or mental illness or condition that makes it necessary for actions to be taken to restrict his or her right to practice pharmacy in the best interests 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. (See s.1 (1) of the Health Professions Procedural Code (the “Code”), being Schedule 2 to the Regulated Health Professions Act.)
The legislation defines “incapacitated” as “suffering from a physical or mental condition or disorder [e.g. substance dependence, certain psychiatric disorders] that makes it desirable in the interest of the public that the member’s practice be subject to terms, conditions or limitations, or that the member no longer be permitted to practise.”
Policies on Sexual Abuse Issues
The Ontario College of Pharmacists regards any act of abuse or harassment of a patient, customer, staff person and/or colleague, as unacceptable and such actions may constitute professional misconduct and/or criminal offence. If you feel you have been a victim of sexual abuse by a pharmacist, we urge you to contact the College.
Furthermore, ignoring harassment or abuse is equal to condoning the abuser's actions and further harming the victim.
Abuse can be sexual, physical, verbal and/or emotional. The Regulated Health Professions Act defines sexual abuse as:
- Sexual intercourse or other forms of physical relations between a member (pharmacist) and his/her patient;
- Touching of a sexual nature of a patient by the member;
- Behaviour or remarks of a sexual nature by the member towards the patient
