Alberta · Alberta College of Pharmacy

What Happens During an ACP Investigation?

10 min readLast updated July 14, 2026

A pharmacy investigation can begin from a routine inspection rather than a patient, can bar you from controlled substances before any hearing, and produces a decision that stays online for at least a decade. And in pharmacy more than most professions, how you behave during the investigation — whether you cooperate, whether you comply — can generate findings all of its own.

The duty to cooperate is a statutory trap for the unwary. Failing to cooperate with an inspector or investigator is itself unprofessional conduct — in one ACP case it added an allegation on top of the originals. Get legal advice on how to cooperate. Never simply decline.

How ACP investigations begin

A patient complaint is only one route. Pharmacy is unusually exposed to investigations that begin without any patient, because the profession is inspected in ways medicine is not:

Practice visits and pharmacy inspections — routine reviews of a pharmacy’s operation, which can surface concerns directly;
Continuing competence program reviews — ACP assesses competence, and a failure there can become a conduct matter in its own right;
Reports from other regulators, insurers, employers and law enforcement, particularly around controlled drugs;
Drug-loss and diversion monitoring, and third-party insurer audits.

The point is that a pharmacist can be under investigation over something a patient never saw — an inventory discrepancy, a competence-review failure, a billing audit.

What investigators can do, and the s.1(1)(pp) trap

An investigator appointed under the Health Professions Act can compel records, attend and inspect the pharmacy, and interview you, your colleagues and staff. The Pharmacy and Drug Act adds inspection and field-officer powers of its own.

Read this carefully. Under section 1(1)(pp) of the HPA — and sections 1(1)(p) and 21(8) of the Pharmacy and Drug Act — a failure or refusal to cooperate with a practice visit, inspector, investigator or field officer is itself capable of being unprofessional conduct or misconduct. In one published ACP matter, a pharmacist’s failure to cooperate with the investigation produced an additional allegation of unprofessional conduct, on top of the original diversion allegations. You cannot litigate your way out of the duty to cooperate. Take advice on how to cooperate; do not decline to.

Interim conditions on your permit

ACP can impose interim conditions on a practice permit, or suspend it, before any hearing, where necessary to protect the public. For a pharmacist that can include a prohibition on handling or having access to controlled substances, a requirement to practise under supervision, or a full suspension — and for a licensee, restrictions on owning or operating a pharmacy.

The Hearing Tribunal

If the Complaints Director refers the matter, it is heard by a Hearing Tribunal appointed from ACP’s hearings committee: normally two or three regulated members (pharmacists and/or pharmacy technicians) plus the prescribed number of public members. Counsel for the Complaints Director presents the case, much as a prosecutor would.

The standard of proof is the balance of probabilities. As ACP’s own hearings director puts it: is it more probable than not that the conduct occurred, and does it meet the definition of unprofessional conduct? Hearings are formal, generally open to the public, and held in Edmonton or by video.

Sanctions and costs

On a finding, the Tribunal may impose a combination of a reprimand, a fine, coursework, restrictions on the practice permit, and suspension or cancellation of the permit. It may also order the member to pay some or all of the investigation and hearing costs. In one published 2025 decision, a pharmacist who diverted drugs and created false records had their registration cancelled, was prohibited from acting as a licensee or proprietor for 10 years, and was ordered to pay 100% of costs totalling $28,640.

The written decision is published on the ACP website for a minimum of 10 years. That is a defining feature of pharmacy discipline in Alberta: the record is long-lived and public.

The appeal route Alberta keeps

Both parties have 30 days to request an appeal of a Hearing Tribunal decision to the Council of the College. From there, an appeal lies to the Alberta Court of Appeal. Unlike British Columbia, which abolished the statutory right of appeal to the courts in April 2026, Alberta retains it.

The lesson tribunals keep repeating. ACP has publicly emphasised that failing to comply with a Hearing Tribunal’s orders — for example, practising while suspended — is itself a fresh act of unprofessional conduct, and one that goes to whether you can be regulated at all. Whatever the outcome, comply with it to the letter.

Key takeaways

Pharmacy investigations frequently begin without a patient — from practice visits, competence-program reviews, diversion monitoring, or insurer audits.
Under s.1(1)(pp) HPA and ss.1(1)(p) and 21(8) of the Pharmacy and Drug Act, failing to cooperate with an inspector or investigator is itself unprofessional conduct. In one ACP case it produced an extra allegation on top of the original ones.
Interim conditions can bar you from controlled substances, require supervision, or suspend your permit before any hearing.
Hearing Tribunals (regulated + public members) apply the balance of probabilities. Decisions are published on the ACP website for at least 10 years.
Sanctions include reprimand, fine, coursework, permit restrictions, suspension or cancellation, and costs. One 2025 diversion case ended in cancellation, a 10-year licensee ban and $28,640 in costs.
Alberta keeps the appeal route: Hearing Tribunal to Council (30 days), then the Alberta Court of Appeal — unlike BC, which abolished it. Breaching a Tribunal order is itself fresh unprofessional conduct.

Related courses

Practical, self-paced CPD courses that map onto the issues in this guide. These are educational courses. They are not accredited by ACP and are not a substitute for legal advice.

Dealing With a Complaint or Investigation Professionally

How to conduct yourself through an investigation, on the record and under scrutiny.

View course →

Probity and Honesty for Healthcare Professionals

Honesty and candour under investigation. Concealment turns an error into a probity finding.

View course →

Prescribing Guidance and Standards for Healthcare Professionals

Prescribing, dispensing and controlled-substance standards.

View course →

Documentation for Healthcare Professionals

What investigators look for in dispensing records, and what strong documentation protects.

View course →

Continue reading: Alberta pharmacists

How to respond to an ACP complaint Remediation and reflection for Alberta pharmacists

Frequently asked questions

Can I be investigated without a patient complaint?

Yes, and pharmacy is particularly exposed to it. Investigations commonly begin from routine practice visits and pharmacy inspections, continuing competence program reviews, drug-loss and diversion monitoring, third-party insurer audits, or reports from other regulators and law enforcement. A pharmacist can be investigated over an inventory discrepancy or a competence-review failure a patient never saw.

What happens if I don’t cooperate with an inspector?

It can become a separate finding against you. Under section 1(1)(pp) of the Health Professions Act, and sections 1(1)(p) and 21(8) of the Pharmacy and Drug Act, failing or refusing to cooperate with a practice visit, inspector, investigator or field officer may itself be unprofessional conduct or misconduct. In a published ACP case, non-cooperation generated an additional allegation on top of the original diversion allegations. Take advice on how to cooperate; do not refuse.

Can ACP stop me handling controlled drugs before a hearing?

Yes. ACP can impose interim conditions on a practice permit, or suspend it, before any hearing where necessary to protect the public. For a pharmacist that can include a prohibition on handling or accessing controlled substances, a supervision requirement, or a full suspension. A licensee may also face restrictions on owning or operating a pharmacy.

How long do ACP decisions stay online?

Hearing tribunal decisions under Part 4 of the Health Professions Act are posted on the ACP website for a minimum of 10 years. Pharmacy discipline in Alberta produces a long-lived, public record, which is one reason resolving a matter before a published hearing decision matters so much.

Can I appeal an ACP Hearing Tribunal decision?

Yes. Both parties have 30 days to request an appeal to the Council of the College, and from there an appeal lies to the Alberta Court of Appeal. Alberta retains this route; British Columbia abolished the equivalent statutory court appeal in April 2026.

What happens if I breach a Tribunal order?

It is treated as a fresh act of unprofessional conduct. ACP has publicly emphasised, in a case where a pharmacist practised while suspended, that failing to comply with a Hearing Tribunal’s orders goes to whether you can be regulated at all. Whatever the outcome of your matter, comply with every order precisely.

This article is general information for pharmacists and pharmacy technicians regulated by the Alberta College of Pharmacy and does not constitute legal advice. Regulatory processes and the law change, and every case turns on its own facts. If you are the subject of a complaint or investigation, obtain advice from a lawyer experienced in professional regulation, and notify your professional liability insurer, before you respond. Last updated July 14, 2026.