Pharmacist discharged in drug-related offence 'unusually compassionate'

A judge who granted an absolute discharge to a Dryden pharmacist facing a drug-related charge wrote that Robert Button was seen as unusually compassionate and empathetic towards people with addictions – sometimes to a fault. 

Mr. Justice John Fregeau said it would not be in the public interest for Button to face serious professional repercussions for dispensing morphine without a prescription.

"Mr. Button is generally recognized to be a respected, knowledgeable, devoted and compassionate pharmacist, generous with his time in addressing the issues of both patients and non-patients," Fregeau wrote.

Button pleaded guilty in November to an offence under the Controlled Drugs and Substances Act related to falsifying records and making false or misleading statements.

Police had originally charged Button with trafficking but the Crown later withdrew the charge and replaced it with the lesser offence.  

The charge derived from an undercover investigation in which a female officer posed as a recovering addict. 

Urged officer to join Narcotics Anonymous

According to Fregeau's reasons for sentence–released earlier this month–Detective Constable Taylor first visited the Dryden Pharmasave in February of 2012.

She told Button she was addicted to Oxycontin and needed help getting off.

"The defendant discussed his own addiction issues with D.C. Taylor and advised her of the date of local Narcotics Anonymous meetings," Fregeau wrote in his decision.  "He further advised D.C. Taylor that methadone may be preferable for her.  Various doses and a time frame were discussed.  Subsequent to these discussions, the defendant provided D.C. Taylor with a single 30 mg morphine pill.  When D.C. Taylor asked 'just one?' the defendant told her that this would keep her from getting sick and that she should come back in about 24 hours."

"The defendant advised D.C. Taylor that a local doctor would 'cover it,'” Fregeau wrote. 

Over the course of several visits, Button dispensed morphine and tramadol to the officer.  He also continued to urge her to attend NA and meet with other recovering addicts.  

In addition, he provided her with his phone number and met with her outside of work, where the two discussed addictions issues.

"At no time during the interactions of the defendant and D.C. Taylor was money requested or offered," wrote Fregeau.  "The defendant’s employer suffered no financial loss."

Professionally misguided but personally honourable 

Fregeau wrote that Button's motivations, "while professionally misguided, were personally honourable.  He was presented with a person whom he saw to be suffering.  He dispensed small dosages of a restricted narcotic to her, consistent with what she would have been prescribed in a medically supervised step-down program."

"I find it to be significant that, at the same time, he attempted to facilitate the undercover officer seeing a medical doctor as well as advised her on narcotic counselling services available locally," he added.

Button's lawyer filed 58 letters of support for his client, which the judge described in his ruling as representing "a veritable “Who’s Who” of the Dryden medical, professional and business community."

Fregeau also cited numerous other factors influencing his decision to discharge Button.

They included the fact that Button pleaded guilty, expressed remorse, and had no prior criminal record; the fact that he volunteered with important community initiatives, such as the Narcotics Task Force; and the fact that Button "has faced, and overcome, significant challenges in his life, including his personal addiction issues and the loss of a 23 year old son to a car accident."

"I choose to infer that the entry of a conviction against him may have serious professional repercussions," wrote Fregeau.  "While this would obviously be contrary to Mr. Button’s best interests, given the regard in which he is held by his patients, his employer and medical doctors, this would also be contrary to the public interest."

The Ontario College of Pharmacists is also looking into Button's conduct.

Its investigation continues.