Hearing 4608 for Ahmad, Jauher

Summary Of Allegations

As a result of a referral by the Inquiries, Complaints and Reports Committee, it is alleged that Jauher Ahmad, while engaged in the practice of pharmacy as Designated Manager of ScaleRx Pharmacy (#309196) and/or as Designated Manager of ScaleRx Pharmacy (#309857) (collectively, “the Pharmacy”), and/or as Director of 1000223172 Ontario Inc., and/or as a minority owner of Jack and Jill Health Inc. (“Jack Health”), and/or as Chief Operating Officer of Jack Health, in or about 2022 to 2026, committed professional misconduct in that he:

• established and/or operated a pharmacy (Jack Health) for which a certificate of accreditation had not been issued by the College;
• sold Schedule I drugs by retail to patients at premises other than an accredited pharmacy (Jack Health);
• used the designation “pharmacy,” “drug,” or “drugs” in connection with a retail business that is not an accredited pharmacy (Jack Health);
• published, displayed, distributed, or used (or permitted, consented to, or approved, directly or indirectly, expressly or by implication), the publication, display, distribution or use, through any medium of, an advertisement relating to drug services that:
  • is false, misleading or deceptive;
  • contains testimonials, comparative statements or endorsements;
  • contains representations as to the safety or effectiveness or an indication for use of a Schedule I drug;
  • does not include price information for at least 15 different drugs, 10 of which each belong to a different drug classification;
  • does not contain information referring to the strength of the drug, the brand name of the drug, and/or the dosage form of the drug;
  • does not contain the length of time the advertised price will be available;
  • does not contain sufficient information to enable a reasonable member of the public to understand the price of the drug having regard to its quantity, strength, dosage and the fee for dispensing it; and/or
  • does not contain prices of a sufficient number of other drugs such that a reasonable member of the public would not be encouraged to obtain pharmacy services from a pharmacy, or to transfer their prescriptions between pharmacies, principally on the basis of the price of the drug in Schedule I;
• practiced the profession while in a conflict of interest and/or participated in an arrangement that constitutes a conflict of interest; and/or
• contravened the OCP policies on Operating Internet Sites, dated June 2001, with respect to Jack Health.

In particular, it is alleged that he:

• failed to maintain a standard of practice of the profession;
• practiced the profession while in a conflict of interest and/or participated in an arrangement that constituted a conflict of interest;
• contravened the Pharmacy Act and/or the Drug and Pharmacies Regulation Act, and/or the regulations under those Acts, and in particular:
  • ss.139(1), s. 147, and ss. 155(1) of the Drug and Pharmacies Regulation Act;
  • ss. 44(2), ss. 44(3), ss. 44(4), and ss. 44(5) of Ontario Regulation 256/24
  • ss. 7(3), ss.29(1), ss. 29(2), and ss. 29(3) of Ontario Regulation 264/16
• permitted, consented to or approved, directly or indirectly, expressly or by implication, an act that contravened Part V of Ontario Regulation 264/16 (General) made under the Drug and Pharmacies Regulation Act;
• knowingly permitted the premises in which a pharmacy is located to be used for unlawful purposes;
• permitted, consented to, approved, counseled, or assisted, whether expressly or by implication, the commission of an offence against any Act relating to the practice of pharmacy or the sale of drugs, and in particular:
  • ss. 139(1), s.147, and ss. 155(1) of the Drug and Pharmacies Regulation Act;
  • ss. 44(2), ss. 44(3), ss. 44(4), and ss. 44(5) of Ontario Regulation 256/24;
  • subsections ss. 7(3), ss. 29(1), ss. 29(2), and ss. 29(3) of Ontario Regulation 264/16;
• 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.