Dozens of pharmacists will have to pay up to $52,500 in fines for letting a pharmaceutical company access their patients’ records, violating their right to privacy. The company added a note to offer its generic drugs rather than those normally offered.
No less than 64 pharmacists affiliated with the Jean Coutu brand were declared guilty by their professional order in this vast investigation. The Quebec pharmaceutical Angita, which offers generic drugs, is at the heart of the facts alleged by the disciplinary council of the Order of Pharmacists of Quebec against these professionals.
In 2018 and 2019, a “person acting on behalf” of the company established in Boucherville went to the pharmacy and adopted a modus operandi similar, for which the complaints were handled jointly.
This person had in his possession a list which included the first and last names of patients, their date of birth, the name of the medication prescribed to them, its dosage and the name of their insurer.
Using this confidential information, she accessed the files of certain patients and entered a note under the “Prescription” tab “aiming to suggest that the patient substitute a molecule sold by Angita for the medication” normally received. When the patient renews the prescription, a window pops up (pop-up) appeared, reminding the pharmacy technician to offer a generic Angita medication.
Pharmacists thus received “significant discounts”, according to the summary of the investigation.
Sanctions issued and pending
So far, sanctions have been issued in 23 cases, and all of these pharmacists have “irrevocably” waived their right to appeal the Order’s decision. They were each fined at least $45,000. Some for whom the charges were doubled (the alleged acts having, for example, taken place in two branches) will have to pay $52,500.
The lawyer Paul Fernet, who defended with Me Andrée-Anne Fernet the respondents, explains in an interview with The Press that these people accepted the agreement proposed by the trustee of the Order of Pharmacists, undoubtedly in a desire to “turn the page”.
The other 41 pharmacists found guilty instead decided to contest the sanction, judging that the proposal was “unreasonable” and did not reflect the “reality of the situation”.
The sanctions against them should be known shortly – they are coming according to Me Fernet “fairly uniform”. The Order of Pharmacists confirmed that the decisions should be rendered soon and that “the pleadings not being the same, the parties did not agree on the sanction”.
None of the authorities contacted was able to provide the number of patient files involved in this matter. A calculation made by The Press based on judgments already rendered, however, establishes the number of files having been compromised at nearly 7,000 for only 12 of the 64 cases.
Right to privacy violated
In its decisions, the Order of Pharmacists is of the opinion that the alleged “ethical breaches” have “compromised the right to privacy” of patients.
Furthermore, this misconduct presents a high degree of objective seriousness and is at the heart of the practice of the profession of pharmacist. The protection of the public is directly called into question by these.
The Order of Pharmacists of Quebec, in its decisions
In doing so, those found in default must enter, at the latest 60 days after the decision, a note “noting the access of an unauthorized person” to the files of patients who could have been affected.
Angita Pharma, for its part, believes that “this affair resulting from simple IT operations has taken on disproportionate proportions,” said its principal director, Hugo Courchesne, in a written statement. “There was no leak of personal information or harm to patients. » Mr. Courchesne also recalls that the facts date back several years and affirms that “this prioritization practice was common at that time, but is no longer in place today”. He concludes by asserting that Angita would have had “no advantage in having access to patient data”.
“It is not acceptable to give access to pharmacy computer systems to unauthorized people,” said Catherine Latendresse, head of communications at Jean Coutu. She points out that authorization of access to the computer system is the responsibility of each pharmacist owner and that the vast majority of them are not covered by the investigation.
In Quebec, there are 386 pharmacies affiliated with the Jean Coutu brand. It was not possible to establish the precise number of pharmacies involved in this affair, but it is less than 64: in certain cases, several pharmacist owners were found wanting in the same branch.
What is a generic drug?
A generic drug is a copy of a brand name drug, according to Health Canada. It may contain different nonmedicinal ingredients, but the company developing the drug must show that safety, effectiveness or quality are not compromised. “It is in some way a replica of the innovative drug,” we can read on the website of the National Institute of Excellence in Health and Social Services (INESSS). INESSS, like Health Canada, notes that generic drugs are often offered at a lower cost, without necessarily being less effective.