|
|
How to file a complaint and the complaint
process You may have
a complaint regarding a pharmacy or pharmacist licensed by the Texas State
Board of Pharmacy. The following questions should help you decide if
and how you should file a complaint.
How do I file a
complaint against a pharmacy or pharmacist? 2. You may
download a complaint form here and
print it out You will need Adobe Acrobat Reader to read and print this
information. You may
obtain Adobe Acrobat Free here.
How are complaints resolved? If the complaint is within the jurisdiction of
this agency, the complaint may be referred to an investigator. An
investigator may contact you for additional information about your complaint;
so, you will be asked to provide your telephone number. If you do not have a
telephone or do not want us to call, we will write to the address that you
have provided if we need more information. Many complaints are closed with a verbal or
written warning. If a complaint results in disciplinary action being taken
against the licensee or applicant, the action may range from reprimand
(public censure) to revocation (license is taken away from the pharmacist or
pharmacy). The Board does not represent the complainant (person making the complaint)
individually and does not seek restitution or money damages on behalf of any
individual. How does the Agency
discipline a pharmacist or pharmacy? During disciplinary proceedings, licensees may
be represented by an attorney, and they have an opportunity to show their
compliance with the law. Once action has been taken against the licensee by
the Agency, the licensee has the right to appeal the action to state courts. What happens if
disciplinary action is initiated? The complainant may attend the conference at
their own expense if permitted by the Texas Pharmacy Act and Board Rules.
Certain informal settlement conferences may be confidential by law. If
applicable and permitted by law, the complainant will be notified of the
date, time, and place of the conference. At the informal settlement conference, the
licensee is given an opportunity to show compliance with the law. A panel
(composed of Board staff and generally one Board Member) proposes a
recommendation for settlement of the case, which may include dismissal, a
formal warning, or a disciplinary sanction. If the panel recommends the
imposition of a sanction, and the licensee agrees with the recommendation, a
proposed Agreed Board Order (ABO) is presented to the Board Members at their
next regularly scheduled meeting. If the Board Members accept the proposed
ABO, the order is entered. The complainant may obtain a copy of the order if
the order is a public order. If the licensee does not accept the proposed
ABO, or if the Board Members reject the proposed ABO, the case will proceed
to a public hearing conducted by an Administrative Law Judge (ALJ) employed
by the State Office of Administrative Hearings. After the hearing is
conducted, the ALJ will prepare a Proposal for Decision (PFD) which contains
findings of fact, conclusions of law, and recommended disciplinary action.
The PFD will be presented to the Board Members who then make a decision in
the case. The Board's decision may be appealed in accordance with Texas law. Will I be told of the
status and resolution of my complaint? It is difficult to predict, in advance, the
amount of time necessary to handle a specific complaint. If your complaint
requires a more lengthy investigation, you will be notified in writing of the
status of the complaint approximately every 120 days until final action is
taken, unless the notification would jeopardize an undercover investigation. |
|
Back to Consumer Page
- - - - - - - - - - - - - - - - - - - - - - - - - - -
- - - - - - - - - - - - - - - - - - - -
Copyright ) 2002-2004 Texas State Board of Pharmacy.
All rights reserved.
Home -
Privacy Policy -
Questions/Comments -
Site Map -
Contact
Open Records Policy -
Accessibilty -
Compact with Texans