A case against a pharmacist who supplied an addict with a bulk quantity of methadone and diazepam, instead of the instalments specified on the prescriptions, has been dismissed by the Statutory Committee.
At its meeting on December 7, 1999, the committee inquired into the case of Mr Andrew Laurence Allison, of 324 Old Laira Road, Laira, Plymouth. A complaint had been received from the Council of the Royal Pharmaceutical Society alleging that Mr Allison had dispensed a single quantity of 144ml of methadone on prescriptions ordering the medication to be supplied in separate daily instalments of 16ml, and that a single quantity of 27 tablets of diazepam 10mg had been supplied on prescriptions ordering daily instalments of three tablets. It was further alleged that Mr Allison had endorsed the prescriptions as if they had been supplied in instalments, thereby claiming an additional dispensing fee for each day on which supplies were claimed to have been made, and that such conduct could render him unfit to be on the register.
Mr Allison was present at the hearing and was represented by Dr M. Branthwaite, of counsel, instructed by Mr S. Smith, of Crosse & Crosse (solicitors).
Mr G. R. F. Hudson, of Walker Martineau (solicitors), appeared in order to place the facts of the case to the committee.
The committee heard that the methadone and diazepam had been prescribed for a drug addict. The prescribing doctor had already issued prescriptions for the patient's usual daily instalments but agreed that he could have nine days' supply to take with him on holiday. He had telephoned Mr Allison to tell him that he wanted the patient to have a bulk supply of methadone and diazepam, and would send a prescription for the bulk. Unfortunately, that had not been done. Mr Allison had nevertheless dispensed the bulk supply.
The addict had subsequently taken an overdose and died. At the inquest, a verdict of death by misadventure had been given.
Giving the committee's decision, the chairman (Mr Gary Flather, QC) said there were two issues. First, there was the bulk supply without prescription. It was the law that when a pharmacist dispensed a Controlled Drug he had to have "in his hand" a prescription for the quantity and the method by which the drug was to be dispensed. Second, Mr Allison had entered records as if he had made daily supplies, resulting in dispensing fees amounting to about £20 being paid to the pharmacy which employed him.
The committee had felt a great deal of sympathy for Mr Allison, said the chairman. He had broken the law but he had done his best to fulfil the intention of the prescriber: what the doctor wanted had been done. At the inquest, the doctor had stoutly supported Mr Allison. There had been no prosecution of Mr Allison, nor had there been any complaint at the coroner's court about what he had done.
Misconduct had been proved, but the committee did not consider it sufficiently serious as to render him unfit to be on the register.
The case was dismissed.