Acts of proprietary misconduct
 32. The following are acts of proprietary misconduct for the purposes of section 140 of the Act: Certificates and Standards of Accreditation 1. Contravening a term, condition or limitation imposed on a certificate of accreditation. 2. Failing to maintain any of the standards of accreditation. Relationship with the College 3. Failing to reply within a reasonable time to a written or electronic inquiry or request from the College. 4. Failing to co-operate with an inspector or investigator of the College. 5. Failing to comply with an order of a committee or a panel of a committee of the College. 6. Failing to carry out or abide by an undertaking given by the pharmacy to the College or breaching an agreement with the College, the Registrar or a committee or a panel of a committee of the College. Records and Information Practices 7. Failing to keep documents as required respecting patients, the operation of the pharmacy or the practice of members practising in the pharmacy. 8. Falsifying documents relating to the pharmacy or to a patient’s health record. 9. Signing or issuing a document that contains a false or misleading statement. 10. Failing to keep confidential personal health information or other personal information concerning a patient, except with the consent of the patient or the patient’s authorized representative or as otherwise permitted or required by law. 11. Disclosing prescription information, unless, i. the disclosure is made in accordance with a written agreement between the owner and the person to whom the disclosure is made, and that agreement requires that any prescription information that is disclosed will not include anything that would reasonably be expected to identify the patient, and ii. the designated manager or contact person of the pharmacy, as applicable, is aware of the existence of the written agreement. 12. Failing to respond, or to respond accurately, to an inquiry about whether or not prescription information is disclosed to third parties or, where there is a response, failing to provide to the person making the inquiry either the nature of the disclosed information or to whom such information is disclosed. Business Practices 13. Operating a pharmacy while in a conflict of interest as defined by section 34 of this Regulation. 14. Submitting an account or charge that is false or misleading. 15. Charging a fee or an amount that is excessive in relation to the service or product provided. 16. Charging a person, including the executive officer as defined in the Ontario Drug Benefit Act, more for a drug in Schedule I than what was advertised, pursuant to subsection 29 (2) of this Regulation, as the total cost for the drug including any dispensing fee. 17. Soliciting or permitting the solicitation of an individual unless, i. the person being solicited is advised, at the earliest possible time during the communication, that the purpose of the communication is to solicit use of the pharmacy’s services and that the person may elect to end the solicitation immediately or at any time during the solicitation if he or she wishes to do so, and ii. the solicitation ends immediately if the person who is subject of the solicitation so elects. 18. Entering into an agreement that restricts a person’s choice of a pharmacy or pharmacist without the person’s written consent. Pharmacy Services and Professional Matters 19. In a pharmacy that is accredited as a community pharmacy, returning to stock, reselling or redispensing a drug that was previously sold or dispensed, unless, i. the drug is listed in Schedule II or III, does not require refrigeration, and is in its original, unopened packaging, or ii. the purpose is to repackage and redispense the drug to the same patient, the drug is suitable for re-packaging and the drug is repackaged and redispensed to only that patient. 20. In a pharmacy that is accredited as a hospital pharmacy, returning to stock, reselling or redispensing a drug that was previously sold or dispensed, unless, i. the drug is returned to the pharmacy in a sealed dosage unit or container as originally dispensed, ii. the drug is returned with the labelling intact and the label includes a legible drug lot number and expiry date, and iii. the integrity of the drug can be verified. 21. Dispensing, selling or compounding a drug, or administering a substance, that is not of good quality or does not meet the standards required by law. 22. Dispensing, selling or compounding a drug that does not contain a substance that the drug is meant to contain. 23. Permitting, counselling or assisting, whether expressly or by implication, any member to contravene, or to practise in a manner that is inconsistent with, a term, condition or limitation of the member’s certificate of registration. 24. Permitting, counselling or assisting a person who is not a member to represent himself or herself as a member or to perform a controlled act that the person is not authorized to perform. 25. Inappropriately using a term, title or designation in respect of the practice of a member practising in the pharmacy. 26. Inappropriately using a term, title or designation in such a way that indicates or implies that a member practising in the pharmacy has a specialization in the profession. Miscellaneous 27. Contravening the Drug and Pharmacies Regulation Act, the Pharmacy Act, 1991, the Regulated Health Professions Act, 1991, the Narcotics Safety and Awareness Act, 2010, the Drug Interchangeability and Dispensing Fee Act, the Ontario Drug Benefits Act or the regulations under those Acts. 28. Contravening a federal, provincial or territorial law or any municipal by-law, i. with respect to the distribution, purchase, sale, dispensing or prescribing of any drug product, the administering of any substance or the piercing of the dermis, ii. where the purpose of the law or by-law is to protect or promote public health, or iii. where the law or by-law relates to the operation of the pharmacy or the provision of pharmacy services. 29. Using, or knowingly permitting the use of, the premises in which a pharmacy is located, or the area adjacent to such premises, for unlawful purposes. 30. Permitting, consenting to, approving, counselling or assisting, whether expressly or by implication, the commission of an offence under any Act relating to the practice of pharmacy or the sale of drugs. 31. Engaging in conduct or performing an act relevant to the operation of a pharmacy that, having regard to the circumstances, would reasonably be regarded by members as disgraceful, dishonourable or unprofessional.