Consumer Complaint Process

Purpose

The purpose of the Arizona State Board of Pharmacy is to protect all citizens of Arizona from unprofessional conduct or incompetence of pharmacists. The Board meets this responsibility primarily through the receipt and investigation of complaints. In this connection then, the filing of a complaint should be considered to be a public service to the citizens of Arizona and not a plea for restitution nor a demand that the Board right an individual wrong.

All materials collected and placed in the investigative file are confidential and are not available for review or copying*. The Board is not a court of law, but an administrative body and as such its review of complaints is not subject to the rules of courts of law. Due to the investigative work and review process involved, it is not uncommon for a complaint file to remain open 100-120 days. The Arizona State Board of Pharmacy does not arbitrate prescription fee charges and, those citizens seeking recourse on such matters should look to the management of the pharmacy or seek legal advice.

*COMPLETED COMPLAINTS ARE AVAILABLE FOR REVIEW OR COPYING

• Click here for the Complaint Form in Adobe Acrobat PDF format (data can not be saved).
• Click here to download the free Adobe Acrobat PDF Reader®.

Receipt of the Complaint

Upon receipt of a WRITTEN, SIGNED complaint, an investigative file is opened and a letter is sent to the complainant acknowledging receipt and indicating that the investigative process has been initiated. ALL complaints are acted upon provided the following requirements are met:

1. The pharmacy involved is properly identified.
2. Dates surrounding the circumstances leading to the event are furnished.
3. Details relative to the activities that initiated the complaint are outlined and constitute a violation of pharmacy laws or rules.

Board Staff Action

As soon as possible after receipt of the original written complaint, the Board staff will initiate the investigation by assigning a compliance officer to contact the complainant for clarification or further information if such is deemed necessary. This same compliance officer will then make contact with the pharmacy and pharmacist involved in the matter for further investigations. The compliance officer then submits a written report on the findings to the Deputy Director of the Board who will search the files to determine if the pharmacy or pharmacist in question has a history of previous complaints.

Review Process

All pertinent materials to the complaint will be submitted to the Board of Pharmacy Review Committee who review, analyze and make recommendations on the professional aspects of the complaint. Based on the findings by the full Board any of the following actions may occur:

• DISMISS (NO FURTHER ACTION) - if no violation was determined.
• ISSUE AN ADVISORY LETTER - when sufficient evidence exists to take action on the professional license or permit, but the violation is of a relatively minor nature and may be corrected by minimal action.
• CONVENE BOARD CONFERENCE - the licensee/permittee is called before the Board to explain actions and the corrective measures taken to prevent future such occurrences.
• ADMINISTRATIVE HEARING or CONSENT AGREEMENT - a preponderance of evidence exists to show incompetence, willful neglect and endangerment to the public health, safety and welfare on the part of the licensee/permittee.

THE BOARD WILL TAKE ACTION ON ALL VALID COMPLAINTS AND BOTH THE LICENSEE/PERMITTEE AND THE COMPLAINANT WILL BE NOTIFIED IN WRITING OF THE BOARD'S FINAL ACTION.

Any question regarding this procedure may be directed to the Board Office.

The usual time for resolution of a consumer complaint is 120 days, complaints that lead to a formal hearing may require additional time.