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.
Investigation Process
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)
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 Complaint Form C-100, 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:
- We notify you that your 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 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 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 Executive Secretary. The Board employs five staff inspectors, including three licensed pharmacists and two 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.