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Questions and Answers About the Board of Pharmacy Complaint Review Process

Q. What can I do if I am concerned about the way a pharmacist practices?

A. If you are concerned about the way a pharmacist practices, you may wish to take one or more of the following steps:

1) Talk with the pharmacist about your concerns, for in most cases she/he will want to know that you are dissatisfied with the type of service  received.
2) Talk with the pharmacy manager about your situation, for they, too, want satisfied patients who will recommend their services.
3) If you are unable to receive satisfaction from the above efforts or if you feel it is inappropriate to do (1) and/or (2) above, call the Minnesota Board of pharmacy at (651) 201-2825 to discuss your concerns. If the Board is able to be of assistance, you will receive complaint forms. To initiate a formal review, complete the forms, and return the packet to the Board.

Q. What kinds of things can I complain about?

A. Most complaints about pharmacists fall into these categories:

1. Competency matters of all kinds
2. Impairment or chemical abuse
3. Prescription dispensing errors

Q. What are the things that the Board can't help me with?

A. The Board can only take action against a pharmacist's or pharmacy license. It can't help you recover money from a pharmacist or pharmacy. The board can only take action against pharmacists or pharmacies. It can't help you with problems regarding any other health care professional such as physicians or nurses. The Board can't help you with any billing or collection problems.

Q. Must I use the Board's form to file a complaint?

A. Yes. The Board's complaint review process actually begins when the Board receives your completed complaint. By completing a form you are providing the documentation the Board's staff needs to begin its review.

Q. How does the Board review a complaint?

A. First, the Board's staff gathers information from a variety of sources, starting with the information you include in your complaint. The staff will gather  records, collect data and may interview those involved, You may be asked to sign a release of information form to allow the Board to obtain your records. Signing this release will speed the handling of your complaint. If it is appropriate, the staff will also obtain a response from the pharmacist involved. When the information gathering is completed, the Board's Committee on Professional Standards will review the facts and decide whether to take action against the pharmacist involved.

Q. What kinds of action can the Board take?

A. The Board can take a variety of actions: It can limit, suspend or revoke a pharmacy's license to provide pharmacy services in Minnesota. It can limit, suspend or revoke a pharmacist's license to practice pharmacy in Minnesota. It can order a pharmacy or pharmacist to pay civil penalties and to pay all court and investigative costs incurred during the complaint review process. It can order pharmacists to take more training. It can order pharmacists to enroll in appropriate treatment programs. It can issue a written reprimand.

Q. Will a pharmacist or pharmacy know that I filed a complaint?

A. During the review process, the board will protect your identity, unless you consent to have it disclosed. Disclosing your identity can, however, assist the board in investigating your complaint, since pharmacists and pharmacies must respond to specific complaints rather than to general accusations.

Q. How long does the complaint review process take?

A. There is no set time limit. The length of the review process tends to vary with the complexity of the complaint. Some reviews move very quickly, others take months, some have taken a year or longer.

Q. How can I find out about the status of my complaint?

A. You can contact the Board staff at any time. In addition, the Board staff will contact you when the review process is complete and the Board has made a decision about your complaint.

Q. Do all complaints lead to action against pharmacists or pharmacies?

A. The Board receives some complaints that do not lead to action against a pharmacist or pharmacy. The Board cannot take action against a pharmacist or pharmacy unless there is sufficient evidence to show that the pharmacist or pharmacy violated Minnesota's Pharmacy Practice Act. The Board must thoroughly review each complaint before it takes any action.

Q. If the Board cannot act, is there anything I can do?

A. The Board's staff may advise you on the services of other governmental agencies or professional associations if the Board is not the appropriate agency to deal with your concerns.

Q. Are there any costs associated with filing a complaint?

A. There are no costs for filing a complaint.

Q. Do I need an attorney to help me file my complaint?

A. The Board's complaint process is designed for the public. If you have questions about filing your complaint, the Board's staff can assist you.

Q. If I file a complaint, can I also take legal action?

A. Filing a complaint will not preclude other legal action you choose to consider.

Q. Who is on the Board of Pharmacy?

A. The Board of Pharmacy has seven members including five pharmacists and two members of the general public, all appointed by the Governor. The Board is supported by a professional staff. The staff and the Board work closely with attorneys from the Minnesota Attorney General's Office when reviewing complaints against pharmacists or pharmacies. Pharmacists and pharmacies under investigation are required, by law, to cooperate with the Board and its staff.

OVERVIEW OF THE COMPLAINT REVIEW PROCESS


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