Quebec pharmacists create a legal defence fund to support those ‘unfairly’ targeted

Just one month after a report in Profession Santé and Pharmacy Practice + Business about a disciplinary sanction imposed on two pharmacists, the Quebec Pharmacists Federation (FPQ) has created a new Independent Legal Defence Fund. The action comes after the Ordre des pharmaciens du Québec (OPQ) Disciplinary Council imposed the the sanctions, which were criticized by a large number of pharmacists in the province. The FPQ said it does not want, “the needs expressed by [its] members, particularly community pharmacists, who are increasingly exposed to disciplinary proceedings deemed excessive or even abusive,” to go unheeded.The goal of the fund is to "re-establish a form of counterbalance, by guaranteeing pharmacists access to competent legal advice from the start of an investigation, which is essential to ensure that their rights are respected," the FPQ told Profession Santé.Through this initiative, the FPQ aims to offer its member pharmacists, “comprehensive, confidential and unlimited” legal protection, particularly, “in cases of unfair disciplinary investigations, proceedings initiated without sufficient safeguards, or disputes that jeopardize the pharmacist's reputation or career.”The principle? A pooled contribution from participating pharmacists to create a safety net and avoid having to bear the costs of legal fees or disciplinary proceedings individually.Read: Two pharmacists sanctioned for serious failures in monitoring a patientThe FPQ is committed to not imposing any unexpected expenses on fund members, who will be able to benefit from an unlimited number of open cases, legal followup for as long as they need it, and coverage of legal fees incurred without any ceiling. However, proven fraud and serious misconduct will not be covered by the fund, the FPQ specifies, adding that all cases will be reviewed by an independent committee and that ineligible members will be fully reimbursed for their participation in the fund.Specifically, the fund will offer:fair access to full legal representation before the disciplinary boardcomprehensive professional support at every stage of the proceedingsdrafting of proceedingspreparation and conduct of interrogationscompilation of evidencepresentation of pleadingssupport for witnessessubmission of incidental motions as necessaryrepresentation at the sentencing hearingIn addition, contributing pharmacists will be offered unlimited access to legal advice on civil and professional liability, as well as support in disputes with patients or in disciplinary proceedings, even if no official complaint has yet been filed.Vulnerable and aloneMeanwhile, the Professional Association of Salaried Pharmacists (APPSQ) has joined this initiative. "Our members will be able to benefit from this at a preferential rate, with no financial coverage cap," said its president, Patrick Hemery.Echoing the objectives of the FPQ, which aims to, "offer real, effective and humane protection" to pharmacists who feel, "vulnerable and often alone when faced with a disciplinary investigation," Hemery said that such assistance is essential for those accused, who often struggle to distance themselves from disciplinary proceedings."When we respond to a request for an investigation or from the Order's Trustee, we often respond emotionally, because it concerns us, it affects our practice. We have to detach ourselves from it, but it's not easy to do alone," said Hemery.Hence the importance of being well supported by a legal professional, he believes. This is why the APPSQ already offers legal assistance to all its members, provided they have paid their annual dues.The association assists employed pharmacists with their legal proceedings, covering their legal fees up to $19,000 depending on the progress of the investigation, and refers them to a partner law firm. This support is essential, according to the testimonies of two pharmacists who have benefitted from this assistance—and who requested anonymity when they spoke with Profession Santé."You have to go through the OPQ complaint process to realize how immensely stressful and draining it is," said one. When he received the first call from the trustee's office, this salaried pharmacist says he immediately felt alone and lost. But, as a member of the APPSQ, he was able to quickly access the association's team of partner lawyers, free of charge.Supported throughout"I felt supported throughout the entire process, without any financial stress related to legal fees. It's worth its weight in gold," he said.In another testimony, a salaried pharmacist explained that one evening, upon returning from work, he discovered a confidential email from the OPQ trustee requesting a quick meeting. "I couldn't talk to anyone about it," he recalled. "It caused me intense stress, because I had no information on the subject of the investigation."He decided to contact the law firm recommended by the APPSQ the next morning. "In less than 24 hours, I was able to speak to a lawyer who immediately guided me in preparing my response. Even though the process lasted more than six months, it ended well for me."The Quebec Association of Pharmacist Owners (AQPP) and the Association of Pharmacists in Healthcare Institutions (APES) also offer legal services to their active members. The AQPP, which provides its members with frontline service with advice from its lawyers, handles approximately 900 requests for assistance each year, approximately 12% of which concern ethics, "including advice regarding investigations by the OPQ Syndic," Profession Santé reported. The association also indicates that it is exploring the possibility of establishing a legal litigation department.For its part, the APES offers legal support and representation in the event of an investigation or complaint for disciplinary reasons within the healthcare facility or with the OPQ.While this type of assistance is not miraculous, and while its outcome obviously depends on the content of the trustee's investigations and the complaints filed, it nevertheless provides sound advice from the outset of the disciplinary process.This article has been translated from its original French and first appeared on our sister site Profession Santé.

Quebec pharmacists create a legal defence fund to support those ‘unfairly’ targeted

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