Pharmacist who falsified prescriptions and supplied controlled drugs to patients banned from practising

Seán McCárthaigh

A Dublin pharmacist who falsified prescriptions for which he claimed payments from the HSE and supplied controlled drugs to patients in breach of regulations has been struck off and banned from practising as a registered pharmacist for a minimum period of five years.

The sanction followed findings of professional misconduct against Edward Malone, the owner and superintendent and supervising pharmacist of Lalor’s Pharmacy on Collins Avenue West, Donnycarney.

A fitness-to-practise inquiry of the Pharmaceutical Society of Ireland found a series of allegations proven relating to various dates in 2015 when Malone was the supervising pharmacist at another pharmacy in Co Wicklow.

They included that Malone had added unauthorised items to prescriptions and supplied controlled drugs, including a batch of 76 Oxycontin tablets to one patient without valid authorisation.

The pharmacist also admitted supplying three patients with high-tech immunosuppressant medicines which are subject to strict prescribing controls without a valid prescription as well as failing to keep proper records.

Counsel for Malone, Ronan Kennedy SC, had told the inquiry that the pharmacist was making full factual admissions about the 12 allegations and accepted that they amounted to professional misconduct, poor professional performance and breaches of the Code of Conduct for Pharmacists.

They included that he had added or directed another pharmacist to add items in handwriting to prescriptions that had not been authorised by the prescribing doctor.

The inquiry heard that Malone subsequently claimed payment from the HSE Primary Care Reimbursement Service for such additional prescriptions although they were never supplied to the relevant patients in many cases.

Kennedy said Mr Malone accepted that his conduct was “infamous or disgraceful in a professional respect.”

An expert witness for the PSI, Brendan Kerr, said the actions by Mr Malone were a pattern of conduct that was totally in conflict with his professional obligations.

Kerr said they also involved moral turpitude and dishonesty of a nature which reflected on the reputation and integrity of the profession of a pharmacist.

Counsel for the PSI, Brian Gageby BL, said cancellation was the only possible sanction given the allegations were so wide and serious and he recommended that the pharmacist should be banned from applying to have his name restored to the PSI register for a period of five years.

He pointed out that Mr Malone had engaged in a multiplicity of different types of wrongdoing on multiple occasions over a short period of time.

Kennedy stressed that the allegations made no reference to fraud or dishonesty and significant weight should be attached to that fact.

The inquiry heard that Mr Malone, who had been registered as a pharmacist since December 2001, had made a settlement with the HSE that also involved him relinquishing an HSE contract and had also sold one of his pharmacies in 2020.

Kennedy said the pharmacist apologised for his conduct, which he acknowledged was completely unacceptable.

He also said Mr Malone was not opposing the recommendation on his registration being cancelled and for the prohibition to be imposed for five years which demonstrated insight on his part.

The inquiry chairperson, Susan Ahern, said the Professional Conduct Committee noted that there had been no adverse outcome for any patients and that Mr Malone had an otherwise unblemished career.

However, Ms Ahern said aggravating factors in the case were the instructions and directions which Mr Malone had given to a very recently qualified pharmacist, which was a clear abuse of his position of trust as a senior pharmacist and pharmacy owner.

She said the findings against Malone were incompatible with him being allowed to continue to practice.

The Council of the PSI subsequently adopted the committee’s recommendation on sanction, which was later confirmed by the High Court.

It also separately censured the company operating Lalor’s Pharmacy over issues from an inspection in 2015 from an authorised officer of the PSI and imposed a number of conditions on its continuing registration.

They included Malone has no role in the management or operation of the pharmacy and is not permitted to be a keyholder for the business.

It also ordered the directors of Cavetor Limited to not allow themselves to be influenced by Mr Malone in the running of the pharmacy.

The PCC said the company could apply to vary the conditions on the expiration of the five-year ban on Mr Malone from being a registered pharmacist.