Here's information on how complaints and investigations work at the Board of Pharmacy.
Once we have received a Complaint Form, the following takes place:
- We notify the complainant that their complaint has been received.
- The Executive Secretary reviews the complaint and assigns an appropriate investigator.
- A Board inspector conducts an investigation to compile a report that is presented to the Board.
- The Investigative Member of the Board reviews the Investigative Report to determine if any possible violations of the Kansas Law have occurred.
- 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 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.
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)
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 Executive Secretary 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.