Hearing 4315 for Chow, Kai Shun
June 16, 2025Summary of Allegations
As a result of a referral by the Inquiries, Complaints and Reports Committee, it is alleged that Kai Shun Chow, while engaged in the practice of pharmacy at Brock Medical Pharmacy in Toronto, Ontario (the “Pharmacy”), and/or as the Designated Manager of the Pharmacy, and/or as a director and/or shareholder of the corporation that operated the Pharmacy, committed professional misconduct with respect to the following:
- between about March 3, 2023 and April 12, 2023, failing to maintain hours of operation for the Pharmacy that were consistent and communicated to the public;
- from about December 22, 2021 onward, routinely failing to sign hardcopies at the time of dispensing and/or at the time of conducting a check for accuracy and therapeutic appropriateness;
- from about December 22, 2021 onward, routinely dispensing drugs without ensuring the signature of the person dispensing the drug was recorded on the prescription as required by s. 156(1) of the Drug and Pharmacies Regulation Act, RSO 1990, c H.4;
- failing to ensure that the information required by s. 156(1) of the Drug and Pharmacies Regulation Act, RSO 1990, c H.4 was recorded on the prescription, and/or failing to retain such records for a minimum of ten years as required by s. 156(2), contrary to one or both of those sections, with respect certain identified prescriptions;
- between about October 5, 2020 and July 17, 2023, with respect to Patients [Patient 1] and [Patient 2], dispensing a smaller quantity than the full amount authorized by the prescription, with no documentation of patient authorization to do so, contrary to s. 9 of the Drug Interchangeability and Dispensing Fee Act, RSO 1990, c P.23;
- between about October 5, 2020 and July 17, 2023, with respect to certain identified patients, dispensing prescriptions and refills more frequently than should have been necessary based on the date on which the last supply of the drug was dispensed to the patient, without documentation to support such early dispensing;
- dispensing drugs without authorization, by processing a single authorization as multiple prescriptions and/or dispensing more than the quantity authorized, with respect to certain identified prescriptions;
- dispensing drugs without authorization, by processing falsified authorizations, with respect to certain identified prescriptions;
- dispensing drugs without authorization, by falsifying verbal authorizations with respect to:
- 20 of 22 verbal authorizations documented to have been received from [Doctor 1] for Patient [Patient 3] between September 29, 2021 and January 3, 2023;
- 67 verbal authorizations documented to have been received from [Doctor 2] for Patient [Patient 4], Patient [Patient 5], and Patient [Patient 2], between September 30, 2021 and January 13, 2023;
- dispensing drugs without authorization, by accepting and/or falsifying verbal authorizations from [Doctor 3] after [Doctor 3] was no longer authorized to prescribe medication, with respect to all verbal authorizations processed from September 20, 2022 onward;
- incorrectly documenting the directions for use with respect to Rx# [number];
- dispensing ranitidine and cimetidine concurrently to Patient [Patient 6], when both drugs are H2-receptor antagonists and should not be taken together, between about March 25, 2021 and June 26, 2021;
- failing to comply with the requirements for closing a community pharmacy after the Pharmacy ceased operations, including failing to remove all signs and symbols relating to the practice of pharmacy within or outside the premises, failing to remove all drugs and/or dispose of all drugs in an environmentally safe manner, and/or failing to take steps to secure all patient records;
- between about March 3, 2023 and November 8, 2023, failing to respond reasonably promptly (and/or at all) to correspondence from the Ontario College of Pharmacists that related to his practice and required a response;
- between about December 21, 2021 and July 17, 2023, permitting a person whose certificate of registration was revoked for cause, namely [Person 1], to work in the Pharmacy, contrary to s. 143 of the Drug and Pharmacies Regulation Act, RSO 1990, c H.4;
- in the alternative to the allegations above that allege that prescriptions were dispensed, to the extent that the prescriptions identified in those allegations were not in fact dispensed, submitting false claims for which the Pharmacy was not entitled to payment, with respect to all such prescriptions identified in the allegations above;
- between about October 4, 2021 and December 30, 2022, submitting (or in his capacity as Designated Manager of the Pharmacy and/or director and/or shareholder of the corporation operating the Pharmacy being responsible for the submission of) claims for drugs and/or products that were not dispensed, with respect to certain identified drugs and/or products.
In particular, it is alleged that he:
- failed to maintain a standard of practice of the profession;
- failed to keep records as required;
- falsified a record relating to his practice or a person’s health record;
- submitted an account or charge for services or products that he knew or ought to have known was false or misleading;
- contravened the Act, the Drug and Pharmacies Regulation Act, the Regulated Health Professions Act, 1991, the Narcotics Safety and Awareness Act, 2010, the Drug Interchangeability and Dispensing Fee Act or the Ontario Drug Benefit Act or the regulations under those Acts, and in particular:
- 143, s. 155(1), s. 156(1) and/or s. 156(2) of the Drug and Pharmacies Regulation Act, RSO 1990, c H.4;
- 9 of the Drug Interchangeability and Dispensing Fee Act, RSO 1990, c P.23;
- 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, the administering of any substance, or the piercing of the dermis, and in particular: s. C.01.041 of the Food and Drug Regulations, CRC, c. 870, made under the Food and Drugs Act, RSC 1985, c F-27;
- failed to reply within a reasonable time to a written or electronic inquiry or request from the Ontario College of Pharmacists;
- 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.