OCP releases statement around Sivajanan Sivapalan conflict-of-interest investigation

The Ontario College of Pharmacists has released a statement saying that it has launched an independent, third-party investigation into whether there was a conflict of interest between Sivajanan Sivapalan, who is one of its board members and the lead plaintiff in a proposed class action suit against Shoppers Drug Mart.It says that it initiated the investigation in April, after the OCP became aware of the lawsuit. The College said the investigation, which is ongoing, is to determine “whether Mr. Sivapalan’s role in the lawsuit might be in conflict with his role as a Board Director.”It describes Sivapalan and all elected directors as devoted and passionate about caring for their community. “There are many who have come to know Siva, both professionally and personally, and we respect the knowledge and experience he brings to his work at OCP just like all Board Directors…This has never been in question,” it says. However, it adds that real or perceived conflicts of interest can affect the public’s trust in the organization. “Board Directors are duty-bound to make decisions in the public interest, and to place OCP’s mandate and their fiduciary responsibilities above their own interests at all times as even the perception of a conflict of interest can jeopardize the integrity of our decisions and actions as a regulator,” the statement says. Read: Three moves the OCP is making around preferred provider networksThe investigation became public knowledge earlier this month when it was reported in an article from the Globe and Mail. The article said that Sivapalan asked the college’s general counsel and some senior staff for guidance before the lawsuit was launched and that they supported him. But later, the Ontario College of Pharmacists told Sivapalan they were hiring a third party to investigate whether he had violated conflict of interest policies and asked if he would resign from its board. It cites an email from Erica Richler, a lawyer who said the college had retained her. In it, she said the investigation was to determine if Sivapalan was in a conflict of interest when the board discussed corporate practice issues, including a zero-tolerance policy, and if he didn’t disclose that conflict. She also said it would look into whether the lawsuit is a potential or ongoing conflict of interest with his position on the board.Dave Bourne, a spokesperson for the college, told the paper at the time that the college “disagrees with Mr. Sivapalan’s characterization of events as set out in the materials provided to you” and couldn’t comment due to confidentiality. Sivapalan did not comment to the paper, which said the information was from documents it had received. Read: Ontario docs: Are pharmacists performing more MedsChecks with your patients lately?The OCP's zero-tolerance policy states that it has “zero tolerance for business practices that compromise the ability of pharmacists and pharmacy technicians to deliver safe and effective care to their patients." It was created in reaction to concerns raised about corporate pressures on pharmacists, including doing more MedsCheck reviews. The proposed class action suit Sivapalan is part of says Shoppers Drug Mart created conditions that affected pharmacists’ being able to deliver “safe and effective patient care.” That includes pressuring franchise holders to meet MedsCheck targets, mandating the use of its own computer system and limiting support staff hours. (Loblaw told the Globe that the suit “has no merit whatsoever” and that it “intends to vigorously defend it.”)A few days after the OCP statement was released, Sivapalan posted on LinkedIn, thanking colleagues who had sent him messages of support. “This profession is everything to me, and I will fall on my own sword for it…. It is the most humbling experience of my life to have your support,” he wrote. Read: 'I'm surprised it hasn't done it': OCP could be doing these three things right now to address corporate pressures in pharmacy: lawyer

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