Bangor aesthetics nurse fined over unlawful supply of prescription drugs

A 49-year-old Bangor woman has been fined £8,000 for multiple breaches of prescribing regulations and fraud.

Nurse practitioner Nichola Hawes, 49, of Groomsport Road, Bangor admitted 25 offences.

The charges included 14 of selling or supplying prescription-only medicine and 10 charges of possessing prescription-only medicine with intent to supply. Hawes also admitted a single count of fraud by false representation.

She runs Nichola Hawes Aesthetic Clinic in Groomsport Road in Bangor, County Down.

The nurse turned aesthetician spoke only to plead guilty to the charges which relate to various dates between April and December 2022.

She had been on trial last February but the jury was discharged mid way through it.

On Wednesday, Downpatrick Crown Court heard that the offences came to light during a review of her business, Nichola Hawes Aesthetics, by the Department of Health's Medicines Regulatory Group (MRG) following the receipt of "information" on August 8, 2022.

Officers of the MRG found quantities of Hydroxocobalamin – or vitamin B12 – which was "reported to be for more than one client" and that quantities of prescription-only medicines had no labelling as required under the Human Medicines Act.

The review led to the "seizure of more than 30 prescription-only medicines and devices," including prescriptions for medicines such as Ozempic and Botox, putting Hawes in breach of legislation, the court heard.

During police interviews, Hawes claimed "she would order extra Botox for repeat clients" but imposing the fines the judge said the quantity of Ozempic pens in stock exceeded regulatory levels.

Her defence lawyer said that during the aborted trial, there was evidence from patients they had received "excellent treatment" from Hawes.

The senior barrister also highlighted that at no time had there been allegations of any risk to anyone.

"There was no issue in relation to any harm," the lawyer said, before outlining how "tensions" or a "debate" had been ongoing for many years, surrounding the "holding of stock" of some of the prescription medicines involved, including Ozempic.

He said that at the time of the offences, there had been a shortage of Ozempic pens in the aftermath of the Covid pandemic and that practitioners like Hawes "took the opportunity to stock when it became available".

He said Hawes as an accredited member of a number of professional bodies who had been in long-running "tensions or debate" with government regulators over the holding of stock and Mr Grant told the judge the practice was legal in Scotland

"This has not compromised health," the defence barrister said, adding that "a laxity" with regulations had evolved across the UK, resulting in Hawes feeling that she had been "singled out for prosecution".

The judge said it was clear Hawes had "ordered prescriptions for clients without their knowledge and took steps to cover her tracks" from MRG officials.

Her actions "bypassed" the usual steps of pharmacists' checks in dispensing prescription-only medicines, giving her "a competitive edge over other businesses because she had a ready supply for clients which she could supply at a mark-up," said the judge.

He cited the example of a single Ozempic pen, sold to her for £75 which Hawes was able to sell on for between £140 to £200.

He said the motivation was "pure and simple for your financial gain".

Peter Moore, the MRG Senior Medicines Enforcement Officer who directed the investigation said: "This investigation established that a registered Nurse Independent Prescriber operating in the private aesthetics sector unlawfully by-passed the regulated system put in place to ensure the integrity of the medicines supply chain."

"Today's conviction sends a clear message that there are significant consequences for those who choose to act outside the legal and regulated system", he added.

Following today's conviction, the matter will now be further referred to the Nursing & Midwifery Council (NMC), the regulatory and professional body for Nurses in Northern Ireland.

Aaron McKendry, Interim Head of the MRG, added: "This investigation demonstrates that the public can be assured that those prescribing or supplying prescription medicines to the public in Northern Ireland are subject to Departmental inspection and compliance visits to ensure that they continue to operate safely and within the law".

"Where that doesn't occur, we will take effective action where necessary to protect public safety in Northern Ireland."