Corporate policies no defence to disciplinary proceedings

Health professionals can’t use their employers to shield themselves from regulatory action, Lonny tells AdvocateDaily.com.

The Toronto Star recently reported on the case of two pharmacists punished for professional misconduct related to an illegal rebate scheme, even as the company that implemented the policy escaped regulatory action.

Rosen says the case delivers a number of warnings to all pharmacists, physicians, dentists, nurses and other regulated professionals who are employed by or contract to companies.

“First, health professionals working for a corporation or for anyone else are accountable for compliance with the law or policies of their regulatory colleges. It is they who will face the consequences of any breach,” he says. “Second, corporations cannot shield professionals working for them from regulatory action, even if the action arises from a corporate policy.

“And third, following the policy of a corporate employer in contravention of the law or college policy will not excuse a health professional from regulatory proceedings,” Rosen adds.

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