Hearing 4203 for Djokic, Boyana

Summary of Allegations

As a result of a referral by the Inquiries, Complaints and Reports Committee, it is alleged that Boyana Djokic, between January 1, 2019 and May 10, 2022, in her role as Designated Manager and/or pharmacist at the York Downs Chemists (the “Pharmacy”), committed professional misconduct in that she:

• Failed to maintain a standard of practice of the profession, with respect to the manufacture, making or compounding of, labelling of, sale or dispensing of and/or record keeping in relation to any or all of certain identified drugs and/or products, including but not limited to the following standards of practice:
  • the National Association of Pharmacy Regulatory Authorities (“NAPRA”) Model Standards of Practice for Canadian Pharmacists;NAPRA Model Standards for Pharmacy Compounding of Non-hazardous Sterile Preparations;
  • NAPRA Model Standards for Pharmacy Compounding of Non-Sterile Preparations; and/or
  • NAPRA Model Standards for Pharmacy Compounding of Hazardous Sterile Preparations;

as those standards of practice may be explained or elaborated upon in the following practice policies, guidelines and advisories:

• the College’s Designated Manager – Medication Procurement and Inventory Management Policy (June 2011);
• the College’s Cross-Jurisdictional Pharmacy Services Policy (August 2022) the Out of Province Prescriptions Fact Sheet and the Out of Country Prescriptions policy;
• the College’s Medical Directives and the Delegation of Controlled Acts Policy (October 2007);
• the College’s Pharmacy Connection: Master Formulation Records and Compounding Records (Winter/Spring 2021);
• the College’s Advisory on Ivermectin (September 10, 2021);
• Health Canada’s Public Advisory on Ivermectin not authorized to prevent or treat COVID-19; may cause serious health problems (August 31, 2021); and
• Health Canada’s Policy on Manufacturing and Compounding Drug Products in Canada (POL-0051).

• Failed to keep records as required respecting her patients or practice, including but not limited to records in relation to any or all of certain identified drugs and/or products.
• Signed or issued, in her professional capacity, a document that she know or ought to know contains a false or misleading statement, with respect to her use of Drug Identification Numbers (DINs) listed in Pharmacy records and/or on drug and/or product labels, including but not limited to records in relation to any or all of certain identified drugs and/or products.
• Contravened the Pharmacy Act, the Drug and Pharmacies Regulation Act, the Regulated Health Professions Act, 1991 or the regulations under those Acts, in particular but not limited to sections 155, 156, 158 and 160 of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c. H.4, and Ontario Regulation 264/16 under that Act with respect to the requirements for labelling, distribution, dispensing (including the requirement that such dispensing be pursuant to a valid prescription containing the requisite information), sale, and/or the wholesale of a drug or product, in particular but not limited to any or all of certain identified drugs and/or products.
• Advertised a pharmacy or its services in a manner that is false, misleading or deceptive, including by advertising for sale drugs and/or products not approved for sale in Canada, including but not limited to any or all of certain identified drugs and/or products.
• Engaged in the manufacture, distribution, purchase, importation, sale and/or dispensing of drugs and/or products without a valid prescription and/or where some or all of the drugs or products involved had not been approved for sale and/or distribution in Canada, including but not limited to any or all of certain identified drugs and/or products.
• Dispensed, sold or compounded a drug, or administered a substance, that she knew or ought to have known is not of good quality or does not meet the standards required by law or, in the case of a drug, does not contain a substance that the drug is meant to contain, in respect of any or all of certain identified drugs and/or products.

In particular, it is alleged that she:

• Failed to maintain a standard of practice of the profession;
• Failed to keep records as required respecting her patients or practice;
• Signed or issued, in her professional capacity, a document that she know or ought to know contains a false or misleading statement;
• Contravened the Pharmacy Act, the Drug and Pharmacies Regulation Act, the Regulated Health Professions Act, 1991 or the regulations under those Acts, in particular but not limited to sections 155, 156, 158 and 160 of the Drug and Pharmacies Regulation Act, R.S.O. 1990, c. H.4, and Ontario Regulation 264/16 under that Act;
• Permitted, consented to or approved, either expressly or by implication, an act or acts that contravene(s) Part V of the Ontario Regulation 264/16 (General) made under the Pharmacies Regulation Act, in particular but not limited to, by contravening section 29(1)(a) of Ontario Regulation 264/16 (General);
• Contravened a federal, provincial or territorial law or municipal by-law with respect to the distribution, purchase, sale, or dispensing or prescribing of any drug or product, or whose purpose is to protect or promote public health, including  but not limited to the Food and Drugs Act, RSC, 1985, c F-27, Food and Drugs Regulations, CRC, c 870, Natural Health Products Regulations, SOR/2003-196;
• Dispensed, sold or compounded a drug, or administered a substance, that she knew or ought to have known is not of good quality or does not meet the standards required by law or, in the case of a drug, does not contain a substance that the drug is meant to contain;
• Engaged in conduct or performed an act relevant to the practice of pharmacy that, having regard to all the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional;
• Engaged in conduct that is unbecoming a member.