Reports on Disciplinary Hearings

On 30th November 2011 the name of Mr Kenneth Brian Martin, registration number 2013, was removed from the register of pharmaceutical chemists [Pharmacy (Northern Ireland ) Order 1976], on the direction of the Statutory Committee at its hearing on 30th August 2011.

 

 

 

 

On the 7th,  8th  and 26th  of November 2011 the Statutory Committee met at 73 University Street, Belfast BT7 1HL for the purpose of making Inquiry into the case and ascertaining the facts in relation to the alleged misconduct, of Mr Michael Anthony McMullan registration  number 2572R.

 The particulars of the said relevant misconduct are set out hereinafter.

 That on various dates on and between 1st January 2005 and 9th April 2008, whilst working as a pharmacist at McMullan Pharmacy, 63 Castle Street, Ballycastle, it was alleged that he:

  1. Engaged in a practice of inappropriate and excessive dispensing of a Prescription Only Medicine (POM), namely Remedeine Forte to a patient;
  2. Dispensed Remedeine Forte, a POM containing paracetamol, in such a quantity and with such a frequency that the supply enabled and allowed the patient to exceed the recommended dosage for Paracetamol;
  3. Dispensed Remedeine Forte in circumstances where he should not have dispensed those quantities;
  4. Dispensed Remedeine Forte to the said patient in breach of his established Standard Operating Procedures.

And further it was alleged that he:–

  1. Acted in a manner that calls into question his professional judgment;  
  2. Failed to comply with the following principles and associated obligations of the Pharmaceutical Society of Northern Ireland’s Code of Ethics and Practice:

6.1     Principle 1 – A pharmacist’s prime concern must be for the welfare of both the patient and other members of the public;

6.2.    Principle 2 – A pharmacist must uphold the honour and dignity of the profession and not engage in any activity which may bring the profession into disrepute;

6.3.    Principle 3 - A pharmacist must at all times have regard to the laws and regulations applicable to a pharmaceutical practice and maintain a high standard of professional conduct.  A pharmacist must avoid any act or omission which would impair confidence in the pharmaceutical profession. When a pharmaceutical service is provided, a pharmacist must ensure that it is efficient.

  1. By his acts or omissions he has (a) brought the profession into disrepute, (b) failed, on a professional basis, to observe the principles set out above and (c) undermined public confidence in the profession.

Subject to the provisions of the Pharmacy (Northern Ireland) Order 1976 the Statutory Committee determined, that by his acts and omissions, Mr McMullan

  1. Was guilty of all seven counts of misconduct as listed above in the notice of inquiry.
  2. Had exhibited conduct which called for serious criticism
  3. Presented mitigating circumstances regarding this case and these along with an unblemished record were taken into consideration

Following consideration of all matters presented, the Committee determined that whilst Mr McMullan’s actions amounted to misconduct, it is not considered that Mr McMullan holds any risk to public safety it is not such as to merit his striking off the Register of Pharmacists. Detail

 

 

On the 20th June and 17th and 30th August 2011 the Statutory Committee met at 73 University Street, Belfast BT7 1HL for the purpose of making Inquiry into the case and ascertaining the facts in relation to the alleged misconduct of Mr Kenneth Brian Martin registration  number 2013;

That on various dates on and between 10th July 2009 and 22nd March 2010 he:

  • Whilst working as a pharmacist, procured through pharmacy premises and misused a pharmacy medicine [P] namely Terpin and Codeine Linctus, in a manner and for a purpose that was an abuse of his position
  • Concealed his misuse of the said medicinal product from the relevant authorities, in circumstances where disclosure was required and ought to have been made by him.
  • There was a failure to comply with the principles and associated standards of the Pharmaceutical Society of Northern Ireland’s Code of Ethics.
  • Breached undertakings made to the Pharmaceutical Society of NI

Subject to the provisions of the Pharmacy (Northern Ireland) Order 1976 the Statutory Committee  met making Inquiry into these matters and have concluded that Mr. Kenneth Brian Martin was guilty of misconduct as set out in the notice of inquiry and have directed that he be removed from the register of Pharmaceutical Chemists in Northern Ireland. Outcome Notice 1  Outcome Notice 2

 

 

On the Monday, 20 June 2011at 10.00 a.m. the Statutory Committee of the Pharmaceutical Society of Northern Ireland met at 73 University Street Belfast BT7 1HL for the purpose of making Inquiry into an application to be restored to the register of pharmaceutical chemists from Mr. Damien Johnston.

The committee determined Mr Johnston can be restored to the register subject to:

  • Complying with procedural requirements for restoration.

The Statutory Committee indicated the rationale for their decision to allow restoration.

  • Mr Johnston had been in practise in Great Britain and was registered there
  • Mr Johnston was subject to investigation by the General Pharmaceutical Council and the matter was then disposed of by way of advice.
  • Mr Johnston had demonstrated insight into his misconduct.
  • Mr Johnston had engaged fully with CPD while he was registered in GB.

 

Brendan Kerr
Clerk to the Committee
73 University Street
Belfast 
BT7 1HL
02890326927
Brendan.kerr@psni.org.uk

 

 

On 28th April 2011 the name of Ms Paula Donnelly registration number 3339, was removed from the register of pharmaceutical chemists [Pharmacy (Northern Ireland ) Order 1976], on the direction of the Statutory Committee at its hearing on 28th January 2011.

 

 

On the 27th and 28th day of January 2011 at 10.00 a.m. the Statutory Committee of the Pharmaceutical Society of Northern Ireland met at 73 University Street Belfast BT7 1HL for the purpose of making Inquiry into alleged misconduct regarding Mr. William Robert Greer registration number 4076

It was alleged that:

  • On various dates between 2nd February 2009 and 29th April 2009, whilst working as the Pharmacist on five occasions dispensed to a patient medicinal products, namely Prescription only Medicines, other than in accordance with a prescription in contravention of Section 58 of the Medicines Act 1968.
  • There was a failure to comply with the current legislation and the principles and associated obligations of the Pharmaceutical Society of Northern Ireland’s Code of Ethics.

Subject to the provisions of the Pharmacy (Northern Ireland) Order 1976 the Statutory Committee determined, that by his acts and omissions, Mr Greer:

1.       Was guilty of misconduct as set out in the notice of inquiry.

2.       Had exhibited conduct which called for censure

3.       Had raised his concerns with the appropriate authorities when he was aware of the extent of the problem

4.       had reviewed and amended the pharmacies standard operating procedures

Following consideration of matters presented, the Committee determined that whilst Mr Greer’s dispensing’s of medications without a prescription amounted to misconduct, it was not such as to merit his striking off the Register of Pharmacists. Detail

On the 27th and 28th day of January 2011 at 10.00 a.m. the Statutory Committee of the Pharmaceutical Society of Northern Ireland met at 73 University Street Belfast BT7 1HL for the purpose of making Inquiry into alleged misconduct regarding Mrs. Paula Marie Donnelly registration number 3339

It was alleged that:

  • On various dates between the 1st March 2007 and 3rd February 2009 whilst working as the Pharmacist on frequent occasions dispensed to patients, medicinal products, namely Prescription only Medicines, other than in accordance with a prescription in contravention of Section 58 of the Medicines Act 1968.
  • There was a failure to comply with the current legislation and the principles and associated obligations of the Pharmaceutical Society of Northern Ireland’s Code of Ethics.

Subject to the provisions of the Pharmacy (Northern Ireland) Order 1976 the Statutory Committee determined, that by her acts and omissions, Mrs Donnelly:

1.       Was guilty of misconduct as set out in the notice of inquiry.

Following consideration of matters presented, the Committee determined that Mrs Donnelly’s practises in the dispensing’s of medications without a prescription or making appropriate records in the pharmacy amounted to misconduct, it was such as to merit her striking off the Register of Pharmacists. Detail


On the 27th day of October 2010 at 10.00 a.m. the Statutory Committee of the Pharmaceutical Society of Northern Ireland met at 73 University Street, Belfast, BT7 1HL for the purpose of making Inquiry into alleged misconduct regarding Mr. Michael Scullin registration number 3995

It was alleged that:

  • On various dates between the 12th of May 2009 and 19 August 2009 whilst working as the Pharmacist on three occasions dispensed to a patient a medicinal product, namely furosemide, other than in accordance with a prescription in contravention of Section 58 of the Medicines Act 1968.
  • There was a failure to comply with the current legislation and the principles and associated obligations of the Pharmaceutical Society of Northern Ireland’s Code of Ethics.

Subject to the provisions of the Pharmacy (Northern Ireland) Order 1976 the Statutory Committee determined, that by his acts and omissions, Mr Scullin:

  1. Was guilty of misconduct as set out in the notice of inquiry.
  2. Had exhibited conduct which called for censure
  3. Had shown remorse, apologised to the patient and identified the error to the patients GP
  4. had reviewed and amended the pharmacies standard operating procedures

Following consideration of matters presented, the Committee determined that whilst Mr Scullin’s dispensing’s of medication without a prescription amounted to misconduct, it was not such as to merit his striking off the Register of Pharmacists. Detail

 

 

 

On the 2nd day of September 2010 at 10.00 a.m. the Statutory Committee of the Pharmaceutical Society of Northern Ireland met at 73 University Street Belfast BT7 1HL for the purpose of making Inquiry into alleged misconduct regarding Mr. Damien Johnston and his application to be restored to the register of pharmaceutical chemists

It was alleged that:

  • He continued to work as a pharmacist on seven occasions between 12th September 2009 and 28th November 2009 whilst not being registered as a Pharmaceutical Chemist in Northern Ireland.   He had been removed from the register on 2nd September 2009 for non payment of fees;
  • There was a failure to comply with the current legislation and the principles and associated obligations of the Pharmaceutical Society of Northern Ireland’s Code of Ethics.

Subject to the provisions of the Pharmacy (Northern Ireland) Order 1976 the Statutory Committee determined, that by his acts and omissions, Mr Johnston:

  1. Had shown contempt for the system of registration;
  2. Had been dishonest;
  3. Had repeated actions in respect of his acting as a pharmacist when not registered;
  4. Had abused trust.

The Committee determined that Mr Johnston should not be restored to the register at this time. Details

On 13th  May 2010, the Statutory Committee of the Pharmaceutical Society of Northern Ireland met for the purpose of making Inquiry into alleged misconduct regarding Mr. Derek Webb and his application to be restored to the register of pharmaceutical chemists

It was alleged that the pharmacy had prepared and then supplied unlicensed teething mixtures. Mr Webb had pleaded guilty and been convicted of offences namely:

  • A breach of the Medicines (Advertising) Regulations 1994
  • A breach of the Medicines for Human Use (marketing Authorisations Etc) Regulations 1994 in the placement on the market  of a medicinal product which did not have a Community or United Kingdom marketing authorisation in respect of that product

There was a failure to comply with the current legislation and the principles and associated obligations of the Pharmaceutical Society of Northern Ireland’s Code of Ethics.

Subject to the provisions of the Pharmacy (Northern Ireland) Order 1976 and following consideration of the matters presented, the Committee determined that the supply of this product from Webb’s Pharmacy amounted to misconduct by the superintendent;    The Committee was unanimous in its decision not to restore the name of Mr. Derek Webb to the Register of Pharmacists at this time. Detail

On 12th April 2010, the Statutory Committee of the Pharmaceutical Society of Northern Ireland met for the purpose of making Inquiry into the case regarding Jeffrey Paul Reaney; (Society registration number 2317) superintendent pharmacist of Reaney Chemists.

It was alleged that on 14 March 2009 a pharmacist whilst working at Reaney Chemist, 12 Lisburn Street in Hillsborough made and supplied a medicinal product, a colic mixture, for administration to an infant of 3 weeks old.   This medicinal product was unlicensed and, a constituent of this mixture, Dicycloverine  Hydrochloride, is contraindicated for use in children less than 6 months of age.

Following consideration of the matters presented, the Committee determined that whilst the supply of this product from Reaneys Pharmacy amounted to misconduct by the superintendent, it was not such as to merit his striking off the Register of Pharmacists. Detail

 

On 24th July 2009, the Statutory Committee of the Pharmaceutical Society of Northern Ireland met for the purpose of making Inquiry into the case regarding Parimal Bavalia (Society registration number 1982).

It was alleged that on 30 September 2008 whilst working as the Pharmacist at the Pharmacy at 12 Merville Garden Village, Newtownabbey, that in contravention of Section 58 of the Medicines Act 1968, Mr Bavalia dispensed a medicinal product other than in accordance with a prescription causing, allowing or permitting a patient to be dispensed with the wrong medicine. Following consideration of matters presented, the Committee determined that whilst Mr Bavalia's prescription dispensing error amounted to misconduct, it was not such as to merit his striking off the Register of Pharmacists. Detail

 

 

On 24th, 25th June and 1st July 2009, the Statutory Committee of the Pharmaceutical Society of Northern Ireland met for the purpose of making Inquiry into the case regarding M&M McDaid Ltd.

 

On 8 December 2008 M&M McDaid Ltd pleaded guilty to and was convicted of nine offences in contravention section 17(1)(a) of the Theft Act (Northern Ireland) 1969. Following consideration of matters presented, the Committee determined that no further direction was called for. Detail

 

 

On 24th, 25th June and 1st July 2009, the Statutory Committee of the Pharmaceutical Society of Northern Ireland met for the purpose of making Inquiry into the case regarding Mr Michael John Joseph McDaid (Society registration number 3302).

On 8 December 2008 M&M McDaid Ltd, of which Mr Michael John Joseph McDaid was a Director and Superintendent, pleaded guilty to and was convicted of nine offences in contravention section 17(1)(a) of the Theft Act (Northern Ireland) 1969. Following consideration of matters presented, the Committee determined that Mr McDaid should be removed from the Register. The removal will take effect from 2nd October 2009, subject to appeal.

An application for restoration to the register will not be considered by the Committee until a period of 7 years has passed. Detail

 

 

On 24th, 25th June and 1st July 2009, the Statutory Committee of the Pharmaceutical Society of Northern Ireland met for the purpose of making Inquiry into the case regarding Mr Martin Joseph Patrick McDaid (Society registration number 2846).

 

On 8 December 2008 M&M McDaid Ltd of which Mr Martin Joseph Patrick McDaid was a Director pleaded guilty to and was convicted of nine offences in contravention section 17(1)(a) of the Theft Act (Northern Ireland) 1969. Following consideration of matters presented, the Committee determined that Mr McDaid should be removed from the Register. The removal will take effect from 2nd October 2009, subject to appeal.

An application for restoration to the register will not be considered by the Committee until a period of 5 years has passed. Detail

 

 

On 17 June 2009, the Statutory Committee of the Pharmaceutical Society of Northern Ireland met for the purpose of making Inquiry into the case regarding Mr Stephen Graham Twibill Society (registration number 2227).

 

On 10 October 2008 Mr Stephen Graham Twibill pleaded guilty to and was convicted of offences in contravention of Article 3(1)(a) of the Protection of Children (Northern Ireland) Order 1978.

Following consideration of matters presented, the Committee determined that Mr Twibill should be removed from the Register by reason of sexual misconduct and the serious nature of it. The removal will take effect from 19 September 2009, subject to appeal.

An application for restoration to the register will not be considered by the Committee until a period of 15 years has passed. Detail

 

 

The Statutory Committee of the Pharmaceutical Society of Northern Ireland met on the 14th November 2008 at 10am to inquire into the matter of the conduct of Ms Roisin McKenna 3756 R whilst being registered as a pharmacist with the Pharmaceutical Society of Northern Ireland.

To view the determination by the Committee please click here.

 

 

Determination of the Statutory Committee of the Pharmaceutical Society of Northern Ireland on 12th December 2007 convened the purpose of making inquiry into the case regarding Mrs Therese Findlay (Registration no. 4103SP)

On 27 May 2006 Mrs Findlay was working as a Locum Pharmacist at Lloyds Pharmacy, 31-33 Broughshane, Street, Ballymena. On that date she has admitted a dispensing error in which medication was dispensed to the wrong patient.  The patient who received a supervised supply of methadone was a methadone patient but on this occasion received a supply of methadone medication which was for another patient. 

Mrs Findlay has practiced pharmacy for some 28 years and has an unblemished record in that time.  She has accepted full professional responsibility for this dispensing error, which does appear to be a mistake rather than anything else. The Committee was told and accepted the fact that being brought before this hearing has been a salutary lesson to her.  In hearing all the evidence presented, it was the decision of this Statutory Committee after investigating this matter not to ask for her removal from the Register.  The Committee did emphasize the seriousness of this matter and should she come before the Committee again, it will sit then with the knowledge that she has been before it on this occasion. 

Brendan Kerr
Clerk to the Statutory Committee
12th December 2007 

 

 

Summary of the meeting of the Statutory Committee of the Pharmaceutical Society of Northern Ireland on 12th June 2007

On 12th June 2007 the Statutory Committee held and Inquiry into the matters relating to the conviction of Mr Seamus Strain, on 5th February 2007, on a charge of possession of a veterinary medicinal product namely Ecospec Pouron, for which no authorisation had been granted contrary to regulation 26(1) of the Veterinary Medicines Regulations 2005.  The committee also considered matters relating to the charging of Mr Strain with a similar offence in relation to Animec injection, which latter charge was withdrawn.

The Committee heard evidence, and also submissions on behalf of Mr Strain and found that both charges were justified and therefore that Mr Seamus Strain was thereby in breach of the said regulations, and of the relevant parts of the Society's Code of Ethics.

The Committee was also of the opinion that, in view of all the particular circumstances of this case and of what was said on behalf of Mr Strain, his conduct was not such as to render him unfit to be on the register of pharmaceutical chemists.

However the Committee took the opportunity to express generally and to Seamus Strain in particular its concern and disapproval of what had happened.

Tim Ferriss QC
Chair
Statutory Committee
Pharmaceutical Society of Northern Ireland
1st July 2007