Information for the Complaint Process

Here's information on how complaints and investigations work at the Board of Pharmacy.

The Board strongly encourages consumers and licensees to file a complaint anytime they have a concern related to the appropriate or lawful practice of pharmacy in Kansas by a licensee or registrant.

Once we have received a Complaint Form, the following takes place:
  1. We notify the complainant that their complaint has been received and provide a reference number.
  2. The Director of Compliance reviews the complaint and assigns an appropriate investigator.
  3. A Board inspector conducts an investigation to compile a report that is presented to the Board.
  4. The Investigative Member of the Board reviews the Investigative Report to determine if any possible violations of the Kansas Law have occurred.
  5. The Board determines if disciplinary action or a hearing is warranted and notifies the appropriate parties. 
If necessary, a hearing with the licensee is arranged according to the Kansas Administrative Procedure Act. The hearing is to give the licensee an opportunity to present his/her case. There is a possibility that the complainant and appropriate other parties will need to appear at the hearing, but this is not always the case. The complainant will be given ample advance notice should we request their presence.
The Board meets quarterly and consists of seven Governor-appointed members serving four-year terms. Six members are registered pharmacists and one is a consumer. The Board has the legal authority to revoke, suspend, or restrict the licenses that they regulate. The Board also has the authority to impose monetary fines.  

The Board accepts anonymous complaints and keeps certain information confidential during the course of the investigation. However, sometimes an investigation may reveal a "likely" individual that may have made the complaint to the Board. 

To file a complaint, please select the correct form below.

KBOP Complaint Form for a Kansas registered facility, pharmacist, intern, or technician
Adverse Finding Form (Universal Hospital Reporting Form approved by the Kansas Hospital Association)




Investigations

Most reports received by the Board come from consumers as a formal complaint. Other complaints come from employers as a result of the peer review process as part of their risk review policies. Reports can originate from any source. Other sources include the court system, law enforcement, newspapers, TV or radio reports, patients, neighbors, relatives, other agencies, individual health care providers, etc.

Complaints are investigated by the Board on a first-come first-serve basis unless there is an imminent danger to the public. The Director of Compliance reviews all complaints and assigns an appropriate investigator who may reach out for additional information. Investigators collect information from many sources. Medical records, personnel records, agency records, and records of discipline from other states are reviewed. Investigators interview witnesses and take statements. Investigators may interview licensees/registrants that are being investigated. During investigations, licensees/registrants may offer evidence and statements to be considered. The investigator will conduct a thorough investigation and report findings involving any violation of the Kansas Pharmacy Practice Act, the Kansas Controlled Substance Act, or the Kansas Prescription Drug Monitoring Act, and all regulations thereunder.

The investigation process can be lengthy and may take many months or years, depending on the nature and complexity of the matter and the volume of complaints received. No details are available during the investigation, but all final disciplinary actions are made public on the Board’s website.

If necessary, the Investigative Member of the Board reviews the investigation report and evidence to determine if disciplinary action is warranted. The Board has the legal authority to revoke, suspend, or restrict the licenses and registrations that they issue, require continuing education, refer to the impaired provider program, request mental health evaluation, and impose monetary fines. The Investigative Member meets with staff periodically throughout the year to review cases.  Licensees/registrants are notified in writing of any disciplinary action. Not all cases result in disciplinary action.

Frequently Asked Questions (FAQ)

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Complaints

  • Who can file a complaint?

    Anyone can file a complaint with the Board. Most complaints come from consumers, but others come from employers. Reports can originate from any source. Other sources include the court system, law enforcement, newspapers, TV or radio reports, patients, neighbors, relatives, other regulatory agencies (resident and nonresident), individual health care providers, etc.

  • How do I file a complaint?

    Complete the C-100 Complaint Form, available on the Board’s website and submit it to the Board with all available information and supporting documents.

  • What should I submit with my complaint?

    Anything you think might be important or relevant. Please submit as much information as possible when submitting your complaint. The more information we have, the better! 

  • How will I know that the Board received my complaint?

    Once the Board has received your complaint, you will receive a written acknowledgement. 

  • What happens to my complaint once received?

    Once we have received your Complaint Form, the following takes place:

    1. We notify you that your complaint has been received.
    2. The Director of Compliance reviews the complaint and assigns an appropriate investigator.
    3. A Board inspector conducts an investigation to compile a report that is presented to the Board.
    4. The Investigative Member of the Board reviews the Investigative Report to determine if any possible violations of Kansas Law have occurred.
    5. The Board determines if a hearing is warranted and notifies the appropriate parties.
    If possible violations are indicated in the Board’s opinion, then a hearing with the licensee is arranged according to the Kansas Administrative Procedure Act. The hearing is to give the licensee an opportunity to present his/her case. There is a possibility that the person submitting the complaint or other appropriate parties will need to appear at the hearing, but this is not always the case. The Board has the legal authority to revoke, suspend, or restrict the individuals that they regulate. Monetary fines are also a part of the Board’s authority.

  • Who investigates a complaint?

    Complaints are investigated as assigned by the Director of Compliance. The Board employs staff inspectors, including licensed pharmacists and compliance inspectors (former pharmacy technicians). 

  • What happens during an investigation?

    Investigators collect information from many sources. Medical records, personnel records, agency records, and disciplinary records from other states are reviewed. Investigators interview witnesses and take statements. Investigators interview licensees/registrants that are being investigated. During investigations licensees/registrants may offer evidence and statements to be considered. Investigators collect all information available, both positive and negative. The investigators organize, review, and summarize all available information and present it to the Board’s Investigative Member for review. All disciplinary actions taken by the Board’s Investigative Member are reviewed and approved by the Board at their quarterly meetings. 

  • How long does an investigation take?

    An investigation may take anywhere from a few weeks to a few years, depending on the complexity and severity of the issues, as well as the case load of the inspectors. Most investigations are completed within nine months.  

  • Will I be notified about the outcome of the investigation?

    In most cases, the Board notifies the person submitting the complaint of the general outcome of the case. For example, the Board may indicate discipline was initiated against a licensee. However, specifics and details of an investigation or the outcome are not open to the public and will not be reported or discussed. 

  • Can I find out who filed a complaint against me or my business?

    All complaints received by the Board are subject to disclosure under the Kansas Open Records Act, K.S.A. 45-215 et seq. 

  • How can I find out if there have been complaints or disciplinary action against a licensee or pharmacy?

    Complaints and investigations are not open to the public. However, once formal disciplinary action is effective against an individual or a facility, an order is made available on the Board’s website and is reported to the National Association of Boards of Pharmacy. Such actions are subject to disclosure under the Kansas Open Records Act, K.S.A. 45-215 et seq. 
     

  • Can I file a complaint anonymously?

    Yes. However, a complaint submitted anonymously does not carry as much weight. It is more difficult to conduct an investigation, determine facts, or obtain documents. Additionally, the investigator is unable to corroborate any information with the person filing the complaint and unable to ask any follow-up questions to aid their investigation.