Pharmacist suspended for illegally selling on the Net

A Dunedin pharmacist was suspended from practice and fined $10,000 at a disciplinary hearing in Wellington today.

Deborah Isabella Young, who runs the Albany Street Pharmacy, was charged with professional misconduct for selling millions of dollars worth of prescription medicines worldwide over the internet.

Young was convicted and fined $63,000 in Dunedin District Court early last year for the offences, which dated back to June 2002.

She was part of an operation called Vanilla, which shipped medicines including Xenical, Viagra, Propecia and Proscar around the world through an agent in Fiji.

As well as being charged with selling to individuals without the necessary accompanying information or customer care, Young was charged with having prescription medicines in her possession away from her pharmacy.

Following the court case, the New Zealand Pharmacists Council referred the matter to its professional misconduct committee.

Committee submissions to the Health Practitioners Disciplinary Tribunal today said Young had requested that wholesale suppliers open an account in the name of a Fiji-based business owned by a Fiji pharmacist.

The medicines were supplied to that business by delivering them to the Albany Street Pharmacy, from where they were sent on to Fiji for distribution.

The committee's counsel Hayden Wilson today appealed for a one year suspension for Young.

Mr Wilson said Young had showed disregard both for public safety and her profession and a high level of punishment was needed to protect both.

Defence counsel Harry Waalkens QC said Young had acknowledged guilt from the start and appealed for a fine and no suspension.

He said Young had received legal advice regarding the operation which had wrongly suggested it was legal, and his client had not initially realised she was in the wrong.

Mr Waalkens said Young had already been heavily affected by the earlier court fine and adverse publicity.

Young had for years considered herself a respected member of the Dunedin community and had significantly contributed to it.

Mr Waalkens said incorrect legal advice Young had received regarding the operation back in June 2002 should be a mitigating factor in her punishment.

"It doesn't excuse it, but it entirely mitigates it and explains what has happened," he said.

A suspension would be hugely detrimental to the future operation of the pharmacy and following the earlier court verdict the public didn't need further protection than it had already had.

Mr Wilson said the legal advice she had received should have no bearing on the tribunal's decision.

The tribunal suspended Young for three months starting September 1. She also received a censure and was required to pay 30 per cent of the cost of the hearing.

Mr Waalkens said no comment would be made regarding the tribunal's decision until a full report on it had been released.

- NZPA