What should I do as a patient if I have concerns?
The College encourages patients who are not satisfied with the care they received from a pharmacist to discuss the problem directly with the pharmacist. When we refer below to “pharmacists” we mean anyone who is a member of the College (e.g., student pharmacists and pharmacist interns).
If the patient is not comfortable talking about his or her concerns with the pharmacist, every pharmacy has a Designated Manager who is responsible for the systems and procedures at the pharmacy, who would be able to address the patient’s concerns.
If the patient still has concerns, he or she may contact the College to discuss these issues in confidence with experienced College staff.
Phone: 416-847-8272
Toll-free: 1-800-220-1921 ext. 272
Most times, the College is able to resolve a concern by talking with the patient and by contacting the responsible pharmacist to make him or her aware of the situation and discuss the issues. The College only contacts the pharmacist about the situation if the patient consents to this. Often the patient’s concerns can be addressed either by an explanation of pharmacy practice, policies, and/or laws, or by discussions between the parties involved.
For more information about reporting a concern, click here.
What advice would you give to me, a pharmacist?
In many cases, patients who have filed formal complaints have stated that “If the pharmacist had been up-front instead of trying to cover up his or her mistake, I would never have complained.”
The College encourages pharmacists to deal professionally with any complaints or concerns that their patients express. Undoubtedly, in many cases the concerns of patients are addressed to their satisfaction, and the College never becomes involved at all.
As noted above, when a patient does contact the College, the College will often contact the pharmacist to see whether the situation can be resolved without a formal complaint being filed. The pharmacist should take advantage of this opportunity to satisfy the patient and possibly prevent the filing of a formal complaint.
Once a formal complaint has been filed, the pharmacist must provide pharmacy documentation that the College requests. Attempts to destroy or conceal such documents are seldom successful, since there are very often other witnesses, third party records, time cards, etc. Obviously, attempting to destroy evidence would be serious misconduct on the part of a pharmacist.
Beyond that, a pharmacist is not obliged to respond to the College regarding a complaint. However, most pharmacists do respond, and their response is helpful to the Complaints Committee in determining the appropriate resolution of the matter.
Click here to see examples of complaints that the College has investigated, and the manner in which they were resolved.
What happens if a patient files a formal complaint?
If a resolution cannot be reached, and the patient wishes to file a formal complaint with the College, the legislation requires that this be done in writing.
Ontario College of Pharmacists
483 Huron Street
Toronto ON
M5R 2R4
Attention: Investigations & Resolutions
Fax: 416-847-8222
The patient should:
- make it clear that a formal complaint is being filed
- provide as much detail as possible about his or her concerns
- identify the pharmacist that is being complained about
- provide the names and contact information of other health-care providers, or other persons who may have relevant information
- provide the patient’s own daytime telephone number and mailing address
Click here for more information and to download a complaint form.
Complaints are handled in accordance with sections 25-35 of the Health Professions Procedural Code, being Schedule 2 to the Regulated Health Professions Act.
When the College receives a complaint letter, it is assigned to either a Complaints Officer or an Investigator. A file is opened and the patient is sent an acknowledgement letter. The patient may also be asked for additional details or documentation, such as prescription receipts or vials of medication. The patient may also be asked to sign and return to the College an Information Release Form so that the College can speak with other health-care professionals involved in the complaint.
If it is not clear who the responsible pharmacist is, then the Designated Manager will be contacted so that this can be determined. Once the responsible pharmacist is identified, he or she will be issued a Notice of Complaint and a copy of the letter of complaint. The pharmacist has thirty days to submit to the College any pharmacy records that have been requested, as well as a written response to the complaint. (The pharmacy records will be returned to the pharmacy upon completion of the investigation.) The patient then receives the opportunity to review the pharmacist’s response, and to make any further comments.
Should the pharmacist contact the patient after a formal complaint has been filed?
Once a pharmacist has received a Notice of Complaint, he or she may sincerely want to apologize or otherwise resolve the situation. However, the pharmacist should not directly contact the patient at this stage – this might be interpreted as harassment of the patient, or interference with the investigation. Statements of remorse, or concern for the patient, should be made to the Complaints Committee.
How is a complaint investigated?
The complaint is fully and impartially investigated by College staff. The pharmacist identified in the complaint is expected to cooperate fully with the investigation. College staff may formally contact other health-care professionals or third-party insurers involved, and may request relevant information. College staff may attend at the pharmacy to investigate or interview other persons.
Who reviews the results of the investigation?
After the investigation is completed and all of the supporting documentation is received, College staff will present the information to the Complaints Committee for its review. The Complaints Committee then makes a decision based on the documentation it has reviewed.
The Complaints Committee consists of three pharmacists and two members of the public who are appointed by the Ontario government to represent the public’s best interest. College staff are not members of the Complaints Committee, nor are they involved in the Complaints Committee’s decision-making.
What can the Complaints Committee do?
There are a number of options available to the Complaints Committee. Depending on the nature of the complaint, it could:
- Take no further action if the pharmacist’s conduct and/or actions meet reasonable and acceptable standards of practice or if there is insufficient information for the Complaints Committee to take action
- Caution the pharmacist about his or her practice or conduct, either in writing or in person before the Complaints Committee. The Complaints Committee will discuss its concerns with the pharmacist and make suggestions that it believes the pharmacist should take to avoid future difficulties
- Provide guidance to the pharmacist on how to improve his or her practice. Sometimes, if the investigation has revealed a practice deficiency on the part of the pharmacist, the pharmacist will enter into an agreement with the College to undertake relevant and useful remedial educational programs or upgrading. The pharmacist’s compliance with this agreement will be monitored by the College
- Refer the pharmacist to the College’s Executive Committee for incapacity proceedings (i.e., concerns about the pharmacist’s health)
- Refer specified allegations of professional misconduct or incompetence (related to the complaint) to the Discipline Committee
- Please note that the legislation only allows the Complaints Committee the above-noted options regarding the pharmacist’s conduct. The Complaints Committee cannot award money, damages, or any other compensation to the patient.
How do the patient and pharmacist find out what the Complaints Committee decided?
In every case, the Complaints Committee will provide both the patient and the pharmacist with a copy of its decision. This decision will also include full reasons for the decision (unless the matter is referred to the Discipline Committee, or the pharmacist is referred to the Executive Committee for concerns about the pharmacist’s health).
What if I disagree with the Complaints Committee’s decision and/or reasons?
In most cases, either the patient or the pharmacist may contact the Health Professions Appeal and Review Board and request a review of the decision of the Complaints Committee.
Is it public information that a complaint has been filed against a pharmacist?
As the legislation currently stands, all information related to the investigation and resolution of a complaint is held in the strictest confidence (although referrals to the Discipline Committee are a matter of public record).