Complaints & Discipline Resolution

Complaints & Discipline Process

(for a printed version of this information, click HERE)

Introduction

The mission of the Newfoundland and Labrador Pharmacy Board is to set, govern and advance the standards and scope of pharmacy practice and service for the people of Newfoundland and Labrador.

This means the primary purpose of the Board is to serve and protect the public interest in all matters relating to the sale of drugs and the practice of pharmacy. Pharmacists practicing in Newfoundland and Labrador are required to be registered by the Board.

Patients usually receive high quality care and service; however, sometimes problems occur. Many issues arise because of misunderstandings. Others may arise from genuine errors. Simple misunderstandings can often be resolved informally. However, some issues require investigation and follow-up by the Board.

If you have concerns:

• Talk with your pharmacist about your concerns. In most cases they will want to know that you are dissatisfied with the service received. Sometimes, problems occur because there has been a misunderstanding between what you expect and what the pharmacist believes should be done for your care. Discussion will often resolve your questions and concerns.

• If the pharmacist is unable to resolve your concerns, or if you are not comfortable talking with the pharmacist, talk with the pharmacy manager about your situation.

• If you are unable to receive satisfaction from the above efforts or if you feel neither of the above options are appropriate, you may call the Newfoundland and Labrador Pharmacy Board to discuss your concerns. A Board staff member will listen and offer guidance to help resolve your situation. Quite often, the Board staff is able to resolve your concern by making the pharmacist involved aware of the situation.

• If the Board staff is unable to resolve the concern to your satisfaction, you may wish to file a formal allegation with the Board. You must do this in writing. If you have any documentation, correspondence, prescription vial etc., be prepared to submit such information to support your allegation.

What we cannot do:

The Board can only take action against pharmacists with regard to professional matters. The Board cannot help you with problems related to other health care professionals such as physicians or nurses. The Board also cannot resolve monetary or business-related issues such as:

• fees and related financial issues;
• billing or money collection problems;
• services not related to your health care needs e.g. postal outlets, bill payments;
• problems caused by your own inappropriate conduct.

The Complaint Process

When the Board receives a formal allegation, several things will happen. The Board staff will review all documentation and determine what additional information, if any, may be required. This additional information may include prescription records, medication profiles, or interviews with those involved. If you have not already discussed your concern with Board staff, you will be contacted to provide additional information and clarification of your allegation. Finally, a copy of your allegation and supporting documentation is sent to the identified pharmacist for response and explanation.

If the allegation cannot be satisfactorily resolved by the Board staff, it is then referred to the Complaints Authorization Committee. The Committee may then refer the allegation back to the Secretary-Registrar for investigation or resolution, conduct an investigation itself or require the pharmacist to appear before it.

Where the Committee decides there are no reasonable grounds for the allegation, they may dismiss the allegation and will notify you of this in writing.

If the Committee decides there are reasonable grounds for the allegation, it then constitutes a complaint, and the committee may counsel or caution the pharmacist, refer the matter to the disciplinary panel or recommend to the Board that the pharmacist’s practice be suspended or restricted.

Once the disciplinary panel receives a complaint, it will appoint an adjudication tribunal to conduct a hearing into the matter.

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Conduct During an Adjudication Tribunal Hearing

• It is requested that members of the public not speak, whisper or otherwise cause a disruption while the hearing is in session.

• It is requested that no food or beverages be consumed in the hearing room.

• It is requested that there be no use in the hearing room of cameras, tape recorders or other visual, sound or text recording or communicating devices, including without limiting the foregoing portable computers, cell phones, electronic text messaging devices, or dictaphones. It is requested that such devices not be brought into the hearing room at any time. If such a device is brought into the hearing room, the Board reserves the right to request that the device be removed from the hearing room.

• The Board reserves the right of requesting persons attending a hearing to disclose and show the contents of pockets, bags and the like sought to be brought into the hearing room.

• The Board reserves the right to request the limitation of the number of persons in attendance at a public hearing to a number which is consistent with the appropriate functioning and decorum of the hearing.

• The Board reserves the right to request that the adjudication tribunal order that a person be excluded from the hearing room, or for such other order as may be appropriate, if he or she refuses to comply with any guideline or request outlined above, or with any other request made to preserve the functioning and decorum of the hearing.

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Closure of Hearings

What does it mean to close a hearing?

If the hearing is entirely closed, no members of the public or media will be permitted access to the hearing room while testimony is given or counsel submissions on the complaint are made.

The adjudication tribunal may be asked, as a preliminary matter, to decide whether even the motion to close the hearing should be closed to the public, because the motion itself may disclose sensitive personal information.

Public notice will be given of an adjudication tribunal’s decision to close a hearing.

In some circumstances, it may be appropriate to close only a portion of a hearing, if the adjudication tribunal is only satisfied that some of the evidence to be heard is of a sensitive personal nature and if it is satisfied that it will be reasonably possible to predict in advance when sensitive evidence is likely to be heard or referred to in the course of the hearing.

Who decides whether a hearing should be closed?

The adjudication tribunal decides whether a hearing, or part thereof, should be closed to the public, applying the statutory test set out in section 41(4) of the Pharmacy Act, which states:

"A hearing shall be conducted in public but an adjudication tribunal may exclude the public from a hearing, or from part of it, where it considers the desirability of protecting a party to the complaint or another person against the consequences of possible disclosure of personal matters outweighs the desirability of holding the hearing in public."

How does one go about requesting that a hearing be closed?

The Board, or the respondent pharmacist, as parties to the hearing, have standing to bring a motion, to be decided by the adjudication tribunal, to close a hearing . Such a motion may be brought prior to, or after, the commencement of the hearing.

Under what circumstances would such a request usually be made?

In some cases, it may be anticipated that the hearing may involve disclosure of personal matters of a complainant or other person. The Board or respondent pharmacist may then consider whether to bring a motion to close the hearing, bearing in mind that the desirability of protecting a party to the complaint or another person against the consequences of possible disclosure of personal matters by closing the hearing must outweigh the desirability of holding the hearing in public.

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Frequently Asked Questions about Complaints & Discipline

What kinds of action can the Board take?

The Board can:

• limit, suspend or revoke a pharmacy's license to provide pharmacy services in NL
• limit, suspend or revoke a pharmacist's license to practice pharmacy in NL
• order a pharmacist to participate in additional training
• order a pharmacist to enrol in an appropriate treatment program
• issue a written reprimand
• issue a fine

How long does the complaint review process take?

There is no set time limit. The length of the review process varies with the complexity of the allegation. Some reviews move very quickly, others take months or a year or longer.

How can I find out about the status of my allegation?

You can contact the Board staff at any time. In addition, the Board staff will contact you when the review process is complete and the Board has made a decision about your allegation.

Do all allegations lead to action against pharmacists or pharmacies?

The Board receives some allegations that do not lead to action against a pharmacist or pharmacy. The Board cannot take action against a pharmacist or pharmacy unless there is sufficient evidence to show that the pharmacist violated the NL Pharmacy Act and its Regulations or the Board’s Standards of Pharmacy Practice. The Board must thoroughly review each allegation before it takes any action.

If the Board cannot act, is there anything I can do?

The Board's staff may advise you on the services of other governmental agencies or professional associations if the Board is not the appropriate agency to deal with your concerns.

Are there any costs associated with filing an allegation?

There are no costs for filing an allegation.

If I file an allegation, can I also take legal action?

Filing an allegation would have no effect on any other legal action you choose to consider.

Can I be sued for making an allegation?

No, you cannot be sued for making an allegation. However, divulging details of your issue to others in writing or verbally may constitute libel or slander, placing you at risk for legal action.

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Public Notice of Up-Coming Hearings

(as per the Policy on Publication of Notices of Hearing and Adjudication Tribunal Decisions)

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Summaries of Adjudication Tribunal Decisions

(as per the Policy on Publication of Notices of Hearing and Adjudication Tribunal Decisions)

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