Pharmacist in dirty text case named

30 June 2010

A Hamilton pharmacist found guilty of professional misconduct for inappropriately contacting three women has been named.

Brian Mark Marshall, who previously had name suppression, has been identified by the Health Practitioners Disciplinary Tribunal.

Last week the tribunal suspended Mr Marshall for six months after finding him guilty of inappropriate communication and breach of privacy for his behaviour towards the women.

Two of the women involved had sought the emergency contraceptive pill from him at his pharmacy. At the time of dispensing, he asked for their mobile phone numbers and subsequently texted one to ask if she had a regular partner or if it had been a one night stand.

In other text messages, Mr Marshall also asked the woman if she’d ever had an affair.

The other female customer worked in a hair salon next door to the pharmacy. She also received unwanted texts from the man and saw him winking at her.

The third woman involved also worked in the salon and received offers of a massage from the pharmacist.

The tribunal found Mr Marshall took advantage of his position to obtain information that was not required to conduct his professional duties.

Because two of the women involved were customers, there was a power imbalance and it was essential he did not transgress the boundaries of professional practice.

The tribunal also found Mr Marshall’s behaviour was not a “one-off” incident. It involved three separate women over a period of four and a half years, all of whom had felt threatened and upset by the communication.
 
In addition to being suspended, the pharmacist was ordered to undergo counselling at his own expense, pay $15,000 in fines and ordered not to personally dispense the emergency contraceptive pill for three years after his suspension period.

The exact location of the pharmacy has not been released as this may identify the female complainants, who have permanent name suppression.

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