Pharmacist's actions were 'a deliberate and sophisticated system of deception,' tribunal says
An Auckland pharmacist has had his registration cancelled after the Health Practitioners Disciplinary Tribunal (HPDT) found him guilty of professional misconduct, citing deliberate and sustained theft from his employer and illegal sales of pharmacy-only medicines.
Jayant Patel, a registered pharmacist since 2008, was found to have stolen over $126,000 worth of pharmaceutical products from his workplace between 2016 and 2020.
The stolen products, which included pharmacy-only medicines, were sold through online platforms, including Trade Me, using aliases such as "Pharmintrade" and "Winners1."
The misconduct came to light in 2020 after the pharmacy owner, a long-time friend and former university classmate of Patel, noticed stock discrepancies.
A private investigation confirmed the theft, leading to Patel's confession and subsequent criminal charges.
In May 2023, he was convicted in the District Court for theft by a person in a special relationship and sentenced to six months' community detention, 120 hours of community work, and a $1,500 emotional harm payment.
In a separate decision released this month, the HPDT said that Patel's misconduct was "deliberate, repeated and highly unethical," and amounted to malpractice within his scope of practice.
It also noted the severity of Patel's actions, which included manipulating inventory systems to conceal the theft, breaching pharmacy laws by selling restricted medicines without oversight, and abusing his professional status for personal gain.
While Patel admitted to much of the misconduct and made restitution, the Tribunal ruled that his conduct was incompatible with the integrity expected of a healthcare professional.
The Tribunal accepted the submission of the Professional Conduct Committee that Patel's actions were "not a one-off spur of the moment error of judgement."
"Mr Patel's actions involved a deliberate and sophisticated system of deception and occurred once or twice a week over a period of more than four years," it said.
"An aggravating feature in this case is the sale of pharmacy-only medicines on Trade Me in clear breach of professional standards and the Medicines Regulations. Regulation of medicines… is for the purpose of protecting the public."
Despite Patel's cooperation and payment of reparations, the HPDT found that his conduct warranted the most serious penalty available— cancellation of his registration.
The Tribunal stated that any lesser outcome would fail to uphold public trust in the profession.
"While there was no clinical harm to patients, clearly, the breach of trust and integrity by this pharmacist is a significant factor and a measure of the seriousness of the conduct," the decision read.
Patel is barred from reapplying for registration for six months and must complete an approved course on legal and professional obligations before any application can be considered. He was also ordered to pay $41,000 towards legal and investigation costs.
The Tribunal also issued a censure to formally express its disapproval, emphasising that Patel's actions had "brought discredit to the pharmacy profession."
