What to Expect When You Receive a Complaint:

When the North Carolina Board of Pharmacy receives a complaint—whether from a patient, another agency, or an internal referral—the first step is a preliminary screening. Board staff review the complaint to determine whether the allegations, on their face, fall within the Board’s jurisdiction and merit further inquiry. Complaints that are clearly outside the Board’s authority, frivolous, or lack any factual foundation are generally dismissed early in the process. The Board’s focus is on regulating professional conduct within its statutory authority, not on addressing grievances beyond its scope.

If the complaint survives initial screening, the Board typically notifies the pharmacist or pharmacy technician involved and requests a written response. The licensee is invited to address the allegations and may be asked to provide supporting documentation, such as pharmacy records, dispensing logs, communications, or internal policies. It is critical at this stage to respond carefully and precisely—providing complete but not excessive information—since anything submitted becomes part of the investigative record and could influence how the case proceeds.

If the Board determines that further action is warranted, it may open a formal investigation. A designated investigator will gather additional evidence, interview witnesses, and may conduct on-site inspections of the pharmacy’s operations, inventory controls, records, and security systems. In some cases—particularly those involving allegations of diversion or controlled substances—the State Bureau of Investigation (SBI) or other law enforcement agencies may become involved in a parallel or joint investigation. In rare and serious situations where the Board believes continued licensure poses an immediate threat to public safety, it may issue a summary suspension of the license pending further proceedings.

During the investigation phase, the Board may issue subpoenas for documents, testimony, or other evidence. Investigators frequently interview the pharmacist or pharmacy staff, review dispensing and inventory records, and assess compliance with applicable statutes and administrative rules. Licensees have certain procedural rights in contested matters, including the ability to request discovery of relevant Board records or internal materials.

Once the investigation is complete, the Board often offers an opportunity for informal resolution before initiating a formal administrative hearing. This may take the form of a pre-hearing or informal conference, where the licensee and their attorney can present mitigating evidence, clarify facts, or negotiate settlement terms. The Board’s staff may propose a consent order—a legally binding agreement that resolves the case without a full hearing. Consent orders can include probationary terms, fines, continuing education requirements, monitoring, or practice restrictions. Some are classified as disciplinary actions and become part of the public record, while others are structured to avoid unnecessary collateral consequences. Competent legal counsel is essential in evaluating whether a proposed consent order is reasonable, negotiating modifications where appropriate, or deciding whether to proceed to a contested hearing.

Any consent order negotiated with Board staff must be ratified by the full Board at a scheduled meeting. If the Board declines to approve the proposed settlement, the matter typically proceeds to a formal administrative hearing under the North Carolina Administrative Procedure Act, where evidence and testimony are presented before a final disciplinary decision is issued.

Note: This description is in no way exhaustive. Every case is different and you’re encouraged to seek legal counsel.