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Complaints

The Client's Complaint Mechanism

The nature of the pharmacy profession requires adherence to the delivery of acceptable standards for pharmacy services. The profession therefore, strives assiduously for a zero margin of error, and calls for high levels of professionalism in the execution of its duties.

The utilization of pharmacies, whether in the public or private sector, is of paramount importance. However, utilizing such service may lead to persons having encounters, which are causes for concern. The system designed on the means through which these issues can be addressed, is the Clients’ Complaint Mechanism. It affords clients the opportunity of having concerns resolved when the expected standard of service has not been realized. The Mechanism is established with a view of improving the delivery of pharmacy services offered by pharmacists, pharmacy owners and pharmacies, to all clients who access these services.

Any mechanism, which facilitates the enhancement of the profession in all its areas, is desirable. The instrument is applicable to all pharmacies in commercial/retail, hospitals, health centres as well as distribution and manufacturing sectors.

Complaints are not necessarily negative, and should be viewed as an opportunity to improve on the services offered, and to correct any deficiencies within existing systems. Properly addressed, this can only prove to be beneficial to the profession and its pursuits.

A complaint is:

Classification of complaints

Complaints are classified into two main groups:

Each is further sub divided into three categories: critical, major and minor.

Definitions

Technical – any complaint affecting an individual staff member or client, or group that relates to the provision of pharmacy services as required under the Pharmacy Act and Regulations.

Critical – threatening to life and safety, compromises professional competence and may be likely to have legal implications.
Major – threatening to life and safety, compromises professional competence and may or may not be likely to have legal implications.
Minor – may or may not be threatening to health and safety, and legal implications are unlikely.

Administrative – any complaint affecting an individual staff member or client, or group that relates to the performance of or failure to perform administrative functions as required under the Pharmacy Act and Regulations.

Critical – threatening the integrity and stability of the pharmacy profession and may be likely to have legal implications.
Major – any incident affecting the achievements of the objectives and goals of the profession.
Minor – any incident involving an individual that may affect performance and requires some degree of investigation.

Standards Committee

The Standards Committee of the Pharmacy Council is established under Section 11. of the First Schedule of the Pharmacy Act 1966. The roles of the Committee are as outlined below. These roles were crafted with the aim of ensuring the public good.

Roles of the Standards Committee

To review and make recommendations to the Pharmacy Council regarding the standards for the practice of pharmacy in Jamaica.
To review and make recommendations to the Pharmacy Council regarding disciplinary actions for identified breaches.
To develop and review strategies to encourage compliance with the laws of pharmacy.
To review any other matter as decided by the Pharmacy Council.

Channels for reporting

A complaint may be reported through various means:

Telephone:

876926-2637
876926-4353
876906-2807
E-mail: rxcounciljm@yahoo.com or thepcoj@gmail.com
Verbal or written report to: Registrar Pharmacy Council
91 Dumbarton Avenue, Kingston 10

Receipt of a Complaint

Complaints may be received by personnel at the:

Pharmacy Council
Pharmaceutical Society of Jamaica, Secretariat
Ministry of Health & Environment, Investigation & Enforcement Department

Steps in Processing Complaints

Level 1

The person receiving the complaint is referred to as the “First Receiver”
The first receiver should encourage complainants to put their complaints in writing, especially where they are of a nature, irrespective of which of the three categories the complaint falls in. Oral complaints are also acceptable in certain circumstances.
The first receiver should then send the complaint to the person(s) having the responsibility for classifying same who would then log the complaint appropriately.
The complaint should be acknowledged within seven (7) working days of receipt. Critical complaints must be acknowledged within forty-eight (48) hours. Incidents which threaten life and safety, compromise professional competence and are likely to have legal implications are referred to as “Critical” and hence are very urgent.
All complaints of a critical nature should include an interview of the complainant to ascertain the details of the complaint and the complainant’s expectation.
Critical complaints may take a longer time to be investigated and resolved, however they should be resolved within six (6) months. In these cases the complainant should be contacted and kept informed of the development of the investigation.
Major and minor complaints should be investigated and resolved within three (3) months and five (5) weeks respectively.
The findings of the investigation should be documented in a report including the necessary corrective actions/procedures, which should be implemented at the facility in question, to prevent a recurrence. The necessary corrective actions/procedures will also apply to individuals.
The complainant must be informed of the outcome of the investigation, and given an opportunity to indicate whether or not he/she is satisfied.
Complainant Satisfied – No further action being necessary, the case is considered resolved. The complaint form/file on the case and the report of the findings of the investigation must be placed in the appropriate file.
Complainant Not Satisfied – A complaint processed at the Council which is not resolved after two (2) – three (3) weeks shall be referred to the Standards Committee (Level 2)

Level 2

The complaint file with all the information to date is handed over to the Standard Committee, the Pharmacy Council, by the Registrar. (The main function of this Committee is established in Section 4 (d) of the Pharmacy Act.)
The Registrar must contact the complainant in writing outlining the proceedings within a two (2) – three (3) week period and copy such to the Standard Committee for attention.
The Registrar must liaise with the person(s) involved, to (i) discuss, (ii) agree and (iii) report on the approach to be taken for conciliation, and the level of intervention required to bring about an amicable resolution. It may be necessary to have all relevant Parties to the complaint participate in a forum/meeting to assist in resolving the complaint. Where appropriate, the meeting should discuss and agree on corrective actions/procedures to prevent recurrence
The complainant should be sent a letter from the Registrar outlining a detailed explanation and the corrective action/measures to be implemented.
Complainant Satisfied – No further action being necessary, the case is considered resolved. The complaint form/file on the case, the report of the findings of the investigation must be placed in the appropriate file.
Complaints processed at the Committee and which are not resolved after five (5) weeks shall be referred to the Council (Level 3)

Level 3

The complaint file with all the information to date is handed over to the Council by the Standards Committee
The Council should communicate, by way of letter, with the complainant outlining the proceedings to date and seek legal counsel if there are possible legal implications, that is, critical and major cases.
A detailed report should be prepared by the Registrar and forwarded to the complainant.
Complainant Satisfied – No further action being necessary, the case is considered resolved. The complaint form/file on the case and the report of the findings of the investigation must be placed in the appropriate file.
Complainant Not Satisfied – A complaint processed at the Council which is not resolved after eight (8) weeks shall be referred to the Registration Appeal Tribunal, Ministry of Health and Environment (Level 4)

Level 4

The complaint file with all the information to date is handed over to the Registration Appeal Tribunal, Ministry of Health and Environment.
The Registration Appeal Tribunal, Ministry of Health and Environment must contact the complainant in writing outlining the proceedings to date and should seek legal counsel if the matter is classified as critical or major and there are possible legal implications.
The Registration Appeal Tribunal, Ministry of Health and Environment must liaise with the Pharmacist, Pharmaceutical student, Pharmacy Owner or Pharmacy and complainant involved, to (i) discuss (ii) agree and (iii) report on the approach to be taken for conciliation, and the level of intervention required from the service area to bring about an amicable resolution. It may be necessary to have all Parties to the complaint participate in a forum/meeting to assist in resolving the complaint. Where appropriate, the meeting should discuss and agree on corrective actions/procedures to prevent recurrence.
The complainant should then be sent a letter from the Registration Appeal Tribunal, Ministry of Health and Environment outlining a detailed explanation and the corrective action/measures to be implemented.
Complainant satisfied – No further action being necessary, the case is considered resolved.

Frequently Asked Questions

Who can file a complaint?

Anyone can file a complaint. Complaints should be clearly written or typed, and signed.

Can a complaint be filed against more than one person?

Yes

Against whom can complaints be filed?

Complaints can be filed against any registered, licensed pharmacist, pharmacy intern, pharmaceutical student, pharmacy owner. Complaints can also be filed against any individual or facility providing pharmaceutical services without a license.

Does it cost anything to file a complaint?

No; however, the person filing the complaint may be required to pay for copies of medical records.

Will the pharmacist/student/intern know that a complaint has been filed?

If the complaint is opened for investigation, the relevant party will be given a copy of the complaint.

Are complaints confidential?

Complaints remain confidential until it has been determined that a violation has occurred. Patient identity and patient records remain confidential at all times.

Will the person filing the complaint be required to participate in the investigation?

The person filing the complaint may be contacted to request additional information or to testify in a formal hearing before The Registration Appeal Tribunal.

All complaints which are registered within a six (6) year period must be processed.

GLOSSARY OF TERMS

Acknowledgement

to make known to the complainant(s), both verbally and in writing, that the Council is in receipt of their complaint.

Administrative

any complaint affecting an individual staff member or

client, or group that relates to the performance of or failure to perform administrative functions as required under the Pharmacy Act and Regulations.

to make known to the complainant(s), both verbally and in writing, that the Council is in receipt of their complaint.

Appeal

a process for requesting a formal change to an official
decision by the Council.

Closed case

a case where none of the complaints within the case require any further action on the part of the Council.

Complainant

an individual or group of individuals who file one or more complaints made by, or on behalf of, individuals affected by breaches of the pharmacy laws.

Complaint

Any matter related to the alleged unsatisfactory delivery or failure to deliver pharmacy services in a public or private pharmacy. Any matter related to the questionable professional conduct of pharmaceutical students, pharmacy interns, registered pharmacists and pharmacy owners.

Critical (Administrative)

threatening the integrity and stability of the pharmacy profession and may be likely to have legal implications.

Critical (Technical)

threatening to life and safety, compromises professional competence and may be likely to have legal implications.

In-progress

when a complaint/case is still under investigation.

First Receiver

person trained to handle the documentation of complaints received in writing or verbally at first instance.

Major (Administrative)

any incident affecting the achievements of the objectives and goals of the profession.

Major (Technical)

threatening to life and safety, compromises professional competence and may or may not be likely to have legal implications.

Minor (Administrative)

any incident involving an individual that may affect

performance and requires some degree of investigation.

Minor (Technical)

may or may not be threatening to health and safety, and legal implications are unlikely.

Professional conduct

complying with all the laws and regulations that apply to pharmacy related activities involving the public other health professionals and fellow pharmacists.

Receipt of complaint