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The Pharmaceutical Journal
Vol 277 No 7417 p320-321
9 September 2006


Society summary

Statutory Committee

Pharmacist who made “irresponsible” supplies to patient with anorexia is ordered to be struck off more

Striking-off ordered for pharmacist who dispensed out-of-date medicine and told patient it was usable more


Pharmacist who made “irresponsible” supplies to patient with anorexia is ordered to be struck off

A pharmacist who was said to be lucky not to have caused the death of a patient with anorexia nervosa through his “disgraceful and irresponsible” behaviour is to be removed from the Register of Pharmaceutical Chemists on the order of the Statutory Committee.

Dinesh Parmar (registration number 74869), of Loughborough, Leicestershire, had supplied the patient with large quantities of laxatives and diuretics, including a prescription-only product supplied unlawfully.

In making its decision the committee also took into account a number of other allegations of misconduct and three convictions under the Medicines Act 1968.

The committee inquired into Mr Parmar’s case at its meeting on 26 June. The committee had received a complaint from the Council of the Royal Pharmaceutical Society alleging that misconduct such as to render Mr Parmar unfit to have his name on the Register may have been demonstrated individually or cumulatively by:

· His repeated supply of laxatives and/or diuretics to a patient who he knew or ought to have known was vulnerable to abuse of those medicines

· His failure to ensure that his pharmacy premises were safe for the public and/or persons working there

· His failure to ensure that all stock was stored appropriately

· His failure to heed advice given to him by a Society inspector

The committee had also received information that on 26 October 2004, at Nottingham Magistrates’ Court, Mr Parmar had pleaded guilty and been convicted of supplying frusemide (furosemide) without a prescription given by an appropriate practitioner and in a container not labelled to identify the contents and give direction as to use, contrary to provisions of the Medicines Act 1968, for which he had been fined a total of £3,000 and ordered to pay £50 in costs. Information had also been received that on 30 March 2006, at Carrington Street Magistrates’ Court, Nottingham, he had pleaded guilty and been convicted of having sold five ampoules of diamorphine 10ml which was not of the nature or quality demanded by the purchaser in that it was out of date, contrary to Section 64(1) of the Act, for which he had been fined £750 and ordered to pay £43 in costs.

The committee heard that Mr Parmar had owned and run a pharmacy in Nottingham since 1985. For a period between 1988 and 20 May 2004, he had regularly supplied laxatives, namely, Nylax, Dulcolax, glycerin suppositories and Califig to the patient with anorexia. In the early part of the period he made the supplies about once a week and at a later stage about twice a week. He also regularly supplied Aquaban, used for premenstrual water retention, and on unknown occasions within the same period he supplied Dioctyl, a laxative.

On a number of occasions he also supplied the patient with other, unidentified, tablets. On one occasion he supplied seven small blue tablets which he said were water tablets and/or for heart problems. The patient took them all at once and consequently was admitted to hospital. On another occasion he supplied 10 unidentified blue tablets, telling her to “put them in a safe place so no one finds them”.

Mr Parmar made all these supplies without speaking to the patient’s GP, in circumstances where the patient was obviously emaciated and he knew, or ought to have known, that she was suffering from anorexia.

The supplies ended after the patient’s GP visited her at home and found a bottle containing some 500 furosemide tablets that he had not prescribed for her. The discovery led to Mr Parmar’s first two convictions.

The patient told the committee she had wanted to die after becoming addicted to furosemide, taking up to 70 tablets daily. She ended up in hospital for weeks being fed on a drip, suffering from mental and physical problems.

Mr Parmar admitted supplying the drugs, but he claimed the patient originally asked for medicines to help with constipation and a problem passing urine. He said that when he tried to stop supplying medicines to her she threatened and intimidated him and said she would get people to attack him.

He also claimed that she told him she was awaiting renal dialysis and would supply him with prescriptions for the furosemide.

Inspector’s concerns

The committee also heard that in June 2003 one of the Society’s inspectors visited the pharmacy and found a number of matters of concern within the premises. She left an inspection advice note giving advice regarding these matters. In August 2003, she again visited the pharmacy and again found a number of matters of concern, leaving a further inspection advice note. Matters of concern were also found during visits in December 2003, February 2004 and June 2004.

The deficiencies found during these visits included the following failures by Mr Parmar to ensure that his pharmacy was safe for the public and/or persons working there: dirty and cluttered dispensary benches; unclean shop and dispensary areas; stock left on the floor of the dispensary and other areas of the pharmacy; rubbish that needed to be cleared from the pharmacy; flooring in an inadequate condition; dirty tablet triangles; disposal bins for sharps and unwanted medicines left in front of the shop counter; empty methadone bottles retained for mixing methadone solution in; and measures used for methadone not washed promptly after use and stored safely.

The inspector also found the following matters of concern in relation to the storage of dispensary stock: stock not kept in the manufacturer’s original packaging; stock past its expiry date that was not segregated for disposal; bottles of medicines left uncapped when not in use; stock inadequately labelled; and a failure to keep the out-of-date check record book up to date.

In November 2004 the inspector again visited the pharmacy. She found on that occasion that the pharmacy was tidy. However, two of the six tablet triangles, including one that was in use, were dirty and only three entries had been made in the out-of-date book since those noted in December 2003.

Giving the committee’s determination on 29 June, the chairman, Lord Fraser of Carmyllie, QC, said that although the laxatives supplied to the anorexia patient were over-the-counter products they were well known as potential drugs of misuse in the hands of someone suffering from anorexia nervosa. “We are relieved to be able to report,” he added, “that when she appeared before us, the young lady appears to have recovered her weight, but she went down at one stage to just over five stone. To an experienced pharmacist, this decline in her health should have been obvious. Notwithstanding that decline, over an extended period Mr Parmar provided her [with] a range of laxatives.”

“In our view,” said the chairman, “Mr Parmar’s conduct was disgraceful and he is lucky that his irresponsible behaviour did not cause her death. As indicated, we are relieved to be able to report that her physical health at least has been restored. We have, however, seen horrendous photographs of her condition before she began the long road to recovery.

While this was the most serious aspect of misconduct, it was not the only part of the complaint against Mr Parmar, said the chairman. The committee had found proved all the misconduct and the convictions, he said, and it had concluded that Mr Parmar was guilty of such misconduct as to render him unfit to be on the Register. “Of all his misconduct, we would regard as most reprehensible his treatment of this vulnerable young woman. He has been a pharmacist in a tough part of Nottingham and on a number of occasions it would appear he has been attacked in his own pharmacy premises. But it cannot be in the public interest that he remains on the Register and with little or no hesitation we direct the removal of his name.”

Mr Parmar was told he had three months in which to appeal, should he wish to do so.

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Striking-off ordered for pharmacist who dispensed out-of-date medicine and told patient it was usable

An Enfield, Middlesex, pharmacist who declined to exchange out-of-date tablets dispensed to a patient, telling her that they could be taken up to six months after the expiry date, has been ordered by the Statutory Committee to be removed from the Register of Pharmaceutical Chemists. On another occasion, the pharmacist had supplied the patient with inadequately labelled medicines.

In addition, the pharmacy’s dispensary stock had included medicines from which expiry dates and batch numbers had been removed, medicines that had previously been dispensed to patients and appeared to be awaiting reuse and imported medicines that were not licensed for use in the UK.

The committee took no action against a pharmacy company that was party to the inquiry.

The inquiry, which had arisen from a complaint by the Council of the Royal Pharmaceutical Society, concerned Manherlal Keshavlal Shah (registration number 63471) and MAM International Ltd. At all material times Mr Shah was superintendent pharmacist and a director of the company and regular pharmacist in charge of its Shah Pharmacy in Enfield.

Complaint by the Council

The inquiry opened on 23 November 2005 and continued on 26 January and 22 May. The Council alleged that misconduct such as to render Mr Shah unfit to have his name on the Register of Pharmaceutical Chemists and the company liable to disqualification, may have been demonstrated, individually or cumulatively, by:

· Supplying a patient with out-of-date tablets

· Informing the patient that the tablets could be taken up to six months after their “use by” date

· Failing to exchange all the out-of-date medicines for the patient

· Replacing one out-of-date tablet with a tablet of the wrong strength

· Subsequently supplying the patient with four blister strips of seven enalapril tablets 2.5mg on which there was no batch number or expiry date

· Supplying those tablet in a box bearing no expiry date and containing no patient information leaflet

· Having inadequately segregated out-of-date medicines at the pharmacy

· Failing to implement adequate systems for the removal of out-of-date medicines at the pharmacy

· Having in the dispensary medicines for which the expiry date and batch number were not present and/or had been removed

· Having in the dispensary mixed batches of medicines

· Having in the dispensary medicines labelled years previously by other pharmacies for various patients and stored alphabetically among current stock, indicating that they might be reused

· Having in the dispensary medicines that had been removed from the manufacturer’s packaging and were unlabelled or only partially labelled

· Having on the pharmacy premises European medicinal products that did not bear a product licence number

The committee heard that on or around 20 February 2004, in response to a prescription for 28 enalapril 2.5mg tablets, Mr Shah supplied a manufacturer’s box containing three foil blister strips of seven tablets, one blister of five tablets and one blister of two tablets. The strip of two bore the expiry date “Oct 03” and the box and other strips were labelled “Use before 02 2004”. When the patient telephoned Mr Shah to point out that the tablets were out of date, he told her that they could be taken up to six months after the “use by” date.

When the patient subsequently returned the tablets, he did not offer to exchange all of them but exchanged only the one remaining tablet with an October 2003 date. However, in doing so he supplied a 5mg tablet rather than the prescribed 2.5mg and only corrected the error when it was pointed out by the patient.

On or around 19 March 2004, in response to a further prescription for the same patient, Mr Shah supplied 28 enalapril tablets 2.5mg in the form of four blister strips bearing no batch number or expiry date, in a plain white box that bore no expiry date and contained no patient information leaflet.

Visit by inspectors

Following a complaint by the patient to the Society, two Society inspectors visited the pharmacy on 27 May 2004. They found in the dispensary: 18 out-of-date products, the oldest having an expiry date of September 1998; 16 examples of medicines that had been removed from their manufacturers’ packaging and for which batch numbers and expiry dates were not present (in most cases having been deliberately removed); two manufacturers’ cartons containing tablets from mixed batches; eight containers of medicines labelled as having been dispensed in previous years at various pharmacies for various patients, and stored among alphabetically arranged current stock, indicating that they might be reused; and five plastic bottles containing medicines removed from the manufacturers’ packaging, one being unlabelled and the others only partially labelled. On the first floor of the premises, the inspectors found five out-of-date containers of European products not showing a UK product licence number.

Mr Shah told the committee that he had planned to try to return expired drugs to the company sales representatives for credit. He said that old items had their expiry dates cut off “so we know not to use them”.

A dispensing assistant who had worked at the pharmacy for more than 30 years told the committee that old stock was kept with current items so “we can find it easily when the rep came in”. She said that they now tried to examine the stock more regularly for out-of-date items, which were placed in a special bin for disposal.

Explanation “strained credulity”

Giving the committee’s determination on 28 June, the chairman, Lord Fraser of Carmyllie, QC, said that Mr Shah’s explanation for how all the out-of-date and inadequately labelled medicinal products were on the premises strained the committee members’ credulity and they had difficulty in understanding exactly what he was trying to convey to them.

Having concluded that Mr Shah was guilty of misconduct such as to render him unfit to be on the Register, the committee asked whether anything previous was known. It was told that in 1988 Mr Shah had successfully appealed against a striking-off order and had thus retained a “clean” record. However, there was then a second complaint against him in 1992 relating to his keeping of the Controlled Drugs register. He was reprimanded on that occasion and the matter did not go before the courts.

Despite a submission on Mr Shah’s behalf that the current case could be dealt with by way of a reprimand, the committee concluded that it should give a direction for his removal from the Register. The chairman said: “Even if Mr Shah had had no previous history of appearances before the committee, we would have had to consider his removal from the Register in the circumstances of the facts which we found established. Taking those facts together with his past history we consider we are bound to direct his removal.”

There would, however, be no further action against the company, the chairman added. It was inappropriate to take action against the company unless there were particular circumstances relating to the state of the premises or the state of the dispensary, and neither of those matters had significantly occurred in this case.

Mr Shah was told that he had three months in which to appeal, should he wish to do so.

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