Pharmacist found guilty of professional misconduct

The internet sales were carried out between 2006 and June 2010. Photo / Thinkstock

A pharmacist has been found guilty of professional misconduct and fined $8000 in relation to selling prescription drugs to patients in the United States and Canada.

Shyong Gwen Foo, of Auckland, appeared before a two-day Health Practitioners Disciplinary Tribunal this week in relation to selling prescription drugs over the internet.

The Professional Conduct Committee (PCC) of the Pharmacy Council brought charges against Mr Foo alleging the sales breached the council's code of ethics and the council statement on supplying drugs over the internet.

The tribunal found Mr Foo, who worked at Uni-Health Pharmacy, Takapuna, had failed to ensure the patients would receive a similar standard of care to those seen face to face, failed to maintain his knowledge of current acts and regulations, and failed to uphold standards of behaviour or refrain from conduct that would bring the profession into disrepute.

He was also found to have failed to have ensured he had sufficient information to assess the patients' needs, failed to comply with ethical and legal requirements when dispensing over the internet, and knew the patients were not under the direct care of the prescriber.

Three other aspects of the charge were not made out.

Mr Foo was censured, fined $8000, and ordered to pay $20,000 towards costs of the prosecution.

Pharmacists are not prohibited from selling drugs over the internet, but the tribunal heard evidence that the level of service provided must be the same as that in a face-to-face consultation.

They should also not dispense prescription medicines for overseas patients that have been prescribed by an overseas doctor, including cases where the prescription has been countersigned by a New Zealand registered prescriber.

In this case, medical details about the patients, along with an overseas prescription, were available to the pharmacist and a New Zealand doctor through an online portal.

The doctor would authorise the pharmacist to create a computer prescription, which the doctor would later sign, and the drugs would be posted to the overseas patient.

Mr Foo defended the charge, and said he provided a high quality of care, and that patient safety was his highest priority.

The internet sales were carried out between 2006 and June 2010, when he stopped because concerns were expressed by officials.

The doctor, who has interim name suppression, appeared before the Medical Council in relation to the same matter, which found his conduct fell below standard. He was counselled by a senior doctor.