Pharmacist Babak Gholamhosseini, registration number 2084131, received a six-month suspension from the General Pharmaceutical Council (GPhC) last August after it found he had dispensed medicines without professional indemnity insurance and made false declarations to the regulator.
At a review hearing on February 26, the GPhC’s fitness-to-practise (FtP) committee heard that Gholamhosseini was superintendent pharmacist of two pharmacy premises trading as Haoma Pharma and My Private Pharmacist.
Read more: ‘Cavalier’ online pharmacy owner suspended after patient death
The hearing document said that in February 2021, Gholamhosseini submitted a false declaration to the GPhC stating that “appropriate indemnity or insurance arrangements were in place for the pharmacy services” provided by Haoma Pharma.
It added that in May 2021, he falsely declared to the regulator in his premises registration application form for My Private Pharmacist that he had “arranged professional indemnity and public liabilities insurance as of the date of ‘day one’”.
Read more: Suspended pharmacist made £50k selling medicines on eBay
The GPhC recognised that since the first hearing, Gholamhosseini had put appropriate indemnity insurance arrangements in place and “implemented governance systems designed to prevent recurrence of the specific failings relating to indemnity cover”.
But it said the “central concerns” in the case “related to honesty, integrity and transparency in regulatory declarations”, adding that these concerns “are not easily addressed or sufficiently mitigated by conditions of practice alone”.
“Dishonest”
The FtP committee heard that between August 2020 and July 2021, Gholamhosseini “did not ensure” that Haoma Pharma held appropriate professional indemnity insurance.
The GPhC said that in February 2021, he falsely declared to the regulator that “appropriate indemnity or insurance arrangements were in place” for the pharmacy, and in July “submitted a false personal declaration” stating that he had indemnity cover “either through a personal arrangement or through [his] employer”.
It added that between February 18, 2021 and June 14, 2022, Gholamhosseini dispensed approximately 93 prescription-only medicines (POMs) “in the absence of professional indemnity insurance”.
Read more: Antidepressants to ‘vulnerable patients’ - pharmacist warned
The regulator said that between June 2021 and June 2022, the pharmacist also failed to ensure he had indemnity insurance cover in place for My Private Pharmacy.
In May 2021, it added, he declared on his premises registration application form for the pharmacy that he “had arranged professional indemnity and public liabilities insurance as of the date of ‘day one’”.
Read more: Superintendent warned for stealing £3,000 from pharmacy till
The regulator said Gholamhosseini’s conduct “lacked integrity” and “was dishonest” as he knew when submitting the declarations and form that he “did not have or would not have the appropriate indemnity insurance in place from ‘day one’”.
He had also “not made any arrangements to obtain” indemnity insurance cover for the pharmacies, it added, and “did not take any immediate steps” to obtain it “following the completion of the declaration and registration form”.
Remorse
The committee found that Gholamhosseini had “demonstrated a developing level of insight” since the principal hearing, and had “expressed remorse and accepted personal responsibility for his actions”.
It said he had “recognised the potential risks to patients, the seriousness of providing inaccurate information to the regulator, and the damage such conduct could cause to public confidence in the profession”.
He also “provided evidence of CPD and training”, the GPhC added, and it “accepted that these steps were relevant” and “demonstrated engagement with the regulatory framework”.
Read more: Pharmacist warned for using ‘unlicensed’ drug from China
The regulator noted that Gholamhosseini provided governance documents that “were directly targeted at the failings identified in the original determination and represented meaningful practical remediation”.
And it acknowledged a “supportive email” from Gholamhosseini’s designated prescribing practitioner confirming that he “had been transparent about his ongoing fitness to practise proceedings” and “expressing support for his professional development”.
“While such support does not in itself demonstrate remediation,” it said, “the committee accepted that it was indicative of engagement with professional colleagues and a degree of openness about past misconduct.”
Attitudinal issues
But the committee noted that Gholamhosseini’s reflections at times “referred to external pressures and operational challenges” - and stressed that “full insight requires an unequivocal appreciation that the responsibility for ensuring accurate declarations and appropriate indemnity arrangements rested solely with him”.
It found that his insight, “although improved and genuine”, was “not yet fully developed or complete”.
It also “remained concerned about the underlying attitudinal issues relating to honesty, integrity and full regulatory candour”, it said, and “was not yet satisfied that his insight into these matters was sufficiently deep or fully embedded to eliminate the risk of repetition entirely”.
Read more: Pharmacist struck off for drug driving and Easter egg theft
The regulator noted that Gholamhosseini had made a declaration in connection with his independent prescribing course in which he “indicated that he was in good standing” while FtP proceedings were ongoing.
It said it took Gholamhosseini’s explanation into account, but the issue “nevertheless reinforced the committee’s view that further reflection on regulatory candour and integrity remained necessary”.
And it concluded that there “remains a residual risk of repetition” as it was “not yet satisfied that the underlying issues relating to honesty and integrity had been fully addressed”.
Read more: Pharmacist warned for refusing patient morning after pill
The committee decided that the “appropriate and proportionate sanction” was to extend Gholamhosseini’s suspension by a further six months.
It said the period will give him “additional time to deepen his insight into the dishonesty and integrity concerns, to further embed robust governance and compliance systems and to demonstrate sustained attitudinal remediation”.
Read the determination in full here.
