Pharmacy handed £20k fine over unlawful sale of preion medicine

Pharmacy handed £20k fine over unlawful sale of preion medicine

24 October 2018

A NEWCASTLE pharmacy company which unlawfully sold preion drugs and medicines has been fined £20,000 at Downpatrick Crown Court.

Clanua Ltd, owners of Harts Pharmacy and Maginn’s Chemist, both in Main Street, admitted 18 charges relating to the sale of prescription drugs and medicines in contravention of regulations.

Gerard Maginn (63), the director and owner of the company, was fined £5,000 and sentenced to 100 hours of community service work.

Maginn, of Carnreagh Road, Drumaroad, had previously pleaded guilty to 18 charges relating to the unlawful supply of prescription-only medicines.

Gordon Thomson, a pharmacy technician and company secretary, was fined £1,000 and sentenced to 80 hours of community service.

Thomson (33), of Castlewellan Road, Newcastle, also admitted 18 charges in relation to the unlawful supply of prescription-only medicines.

The court heard that enforcement officers from the Department of Health’s Medicines Regulatory Group visited Harts Pharmacy in March 2017 to inspect pharmacy records.

They discovered through CCTV footage that the pharmacy had supplied a substantial range of drugs in the absence of a qualified registered pharmacist on March 24 between 9am and 6pm.

The medicines and drugs which were unlawfully supplied included methadone, warfarin, various antibiotics and asthma treatments.

The pharmacy register had been filled to show that Maginn was the pharmacist on duty, but he was not present.

Thomson, described as a “successful and practised technician”, was present, but was not permitted under law to supply prescription-only medicines.

When later questioned Maginn said he had difficulty getting locum cover for a pharmacist who was on leave.

Thomson said he should never have opened the pharmacy, but had been told to do so by Maginn. 

None of the people supplied with the medicines suffered ill health as a result, the court was told.

Passing sentence last Wednesday, Judge Piers Grant said the pharmacy records were “dishonest, inaccurate and untruthful.”

He said it was “quite clear” that Thomson played a lesser role and was directed into doing what he did by Maginn, whose actions he described as “deplorable.”

He said Maginn could have supplied the medicines lawfully at his other pharmacy in Newcastle, or redirected customers to three other pharmacies in the town.

He accepted that Maginn had co-operated fully with police and that there was a “low likelihood” of either defendant re-offending.

However, Judge Grant said a “substantial” amount of drugs had been given to people without supervision.

He continued: “Chemists perform an important role. Members of the public rely upon them to supply prescription medicines and only to give them out when properly directed.

“They are held in high respect in the community and the regulations are strict.”

The investigation was conducted by Mr Peter Moore, Senior Medicines Enforcement Officer with the Department of Health.

After the hearing he said: “Medicines are not everyday consumer goods and, appropriately, strict legal controls apply to their sale and supply.

“It is with good reason that the law requires a qualified pharmacist to be present in the pharmacy dispensary when prescription medicines are being supplied to members of the public.

“When entering a pharmacy the public should have reasonable expectation that their prescription needs will be met by a qualified professional.

“Pharmacists are there not only to dispense medicines, but to advise or assist patients in the use of these medicines and, most importantly, to ensure the safe and effective running of the pharmacy. Unfortunately, this did not happen in this case and members of the public could have been endangered as a result.”

Canice Ward, acting Head of the Department’s Medicines Regulatory Group, added: “This was the first prosecution of this nature in Northern Ireland. People can be assured that pharmacies in Northern Ireland are subject to regular Departmental inspection and compliance visits to ensure that they continue to operate safely and within the law.

“This conviction sends a clear message that there are serious consequences if an owner attempts to operate a pharmacy without a pharmacist being present or if someone tries to work as a pharmacist when they are not qualified or registered to practice.”

The matter is expected to be referred to the Pharmaceutical Society of Northern Ireland, the regulatory and professional body for pharmacists in Northern Ireland.