Filing a Complaint with the
North Carolina Board of Pharmacy

Please read the following before submitting a complaint.

WHO WE REGULATE:


  • Pharmacists
    Pharmacies
    Pharmacy Technicians
    Durable Medical Equipment Facilities

WHO WE DO NOT REGULATE:

   All Prescribers,* including but not limited to:
          Physicians
          Nurse Practitioners
          Physician Assistants
          Dentists
          Veterinarians

* The North Carolina Medical Board regulates all prescriptive authority. The North Carolina Board of Pharmacy cannot take disciplinary action on their prescribing practices.

FILING A COMPLAINT:

The Board of Pharmacy investigates evidence-based complaints that allege violations of the Pharmacy Practice Act.

The Board also cannot take immediate action against a licensee or permit. The investigative process can take six months or more.

The Board of Pharmacy does not have any authority to require a permit holder or licensee to provide the following:

  • Financial settlement or other personal compensation.

  • An apology.

  • Resolution of customer service issues.

MOST COMMON COMPLAINTS CONCERNING MATTERS THE BOARD CAN REGULATE:

  • Accuracy in dispensing prescription medication. This includes:

    • Incorrect medication dispensed versus what was prescribed.

    • Incorrect quantity dispensed.

    • Incorrect medication directions on label/handouts.

    • Medication dispensed to the wrong patient.

  • Fraud in dispensing medications or Durable Medical Equipment (DME).

  • Alcohol or substance abuse.

  • Employee theft of prescription medication.

WE CANNOT REGULATE COMPLAINTS CONCERNING:

  • Poor customer service or rudeness of pharmacy personnel including:

    • Personality conflicts.

    • Verbal altercations or arguments between pharmacy staff and patient.

      Board staff recommends contacting the pharmacy’s corporate office. See below.

  • Insurance billing disputes which include:

    • Prior authorization.

    • Insurance rejections.

      Board staff recommends contacting Medicare/Medicaid or the Department of Insurance. See below.

  • Medication shortages. The Board of Pharmacy has no control over medication distribution or availability. Please check the FDA shortage lists at https://www.accessdata.fda.gov/scripts/drugshortages/default.cfm.

EXERCISE OF PROFESSIONAL JUDGEMENT WHEN FILLING PRESCRIPTIONS (21 NCAC 46 .1801):

  • (a) A pharmacist or device and medical equipment dispenser shall have a right to refuse to fill or refill a prescription order if doing so would be contrary to his or her professional judgment. 

    (b) A pharmacist or device and medical equipment dispenser shall not fill or refill a prescription order if, in the exercise of professional judgment, there is or reasonably may be a question regarding the order's accuracy, validity, authenticity, or safety for the patient. 

    (c) A prescription order is valid only if it is a lawful order for a drug, device, or medical equipment issued by a health care provider for a legitimate medical purpose, in the context of a patient-prescriber relationship, and in the course of legitimate professional practice as recognized by the occupational licensing board governing the health care provider.

ADDITIONAL RESOURCES: