Ohio Administrative Code
Title 3796:6 - Dispensaries
Chapter 3796:6-3 - Operations
Section 3796:6-3-11 - Duty to report
Current through all regulations passed and filed through December 16, 2024
(A) A person licensed under this chapter is responsible to monitor for suspicious recommendations, unusual usage, or questionable disposition of medical marijuana.
(B) Each person licensed under this chapter shall notify the following upon discovery of the theft or loss of any medical marijuana or medical marijuana device, including medical marijuana in transit that was either shipped from or to the dispensary:
(C) Medical marijuana thefts or unexplained losses must be reported to the state board of pharmacy in writing irrespective of whether the medical marijuana is recovered and/ or the responsible parties are identified and action taken against them. Written reports must be provided to the state board of pharmacy within forty-eight hours following the discovery of such theft or loss.
(D) Each person licensed under this chapter, immediately upon discovery of any fraudulent or otherwise unlawful recommendation, shall notify the state board of pharmacy and law enforcement authorities. Upon receiving such notice, the state board of pharmacy shall notify the state medical board of all suspected fraudulent recommendations.
(E) Each dispensary, through its designated representative, who knows or should know that a prohibited facility or an opioid treatment program as defined in rule 4729:5-21-01 of the Administrative Code, has been established within five hundred feet of the dispensary shall notify the state board of pharmacy, for purposes of assessing the adequacy of existing security measures.
(F) A person licensed under this chapter who has knowledge, from direct observation or objective evidence, of violations described in paragraph (G) of this rule shall report such conduct to the state board of pharmacy, in a manner specified by the board, within ten days of learning or witnessing the alleged violations.
(G) The following shall be reported to the board:
(H)
(I) A dispensary employee shall notify the board of any of the following:
(J) A dispensary employee shall notify the board of any disciplinary licensing or registration action taken by another state against the licensee within ten days of the notice action. This includes, but is not limited to, a disciplinary action that is stayed pending appeal.
(K) Reporting required in accordance with this rule shall be made in writing, either by mail or using the board's online complaint form (available on the board's web site: www.pharmacy.ohio.gov).
(L) "Unprofessional conduct" means conduct that is detrimental to the best interests of the public, including conduct that endangers the health, safety or welfare of a patient or client. Such conduct shall include, but not be limited to, the following acts: coercion, intimidation, harassment, sexual harassment, improper use of private health information, threats, degradation of character, indecent or obscene conduct, and theft.
(M) "Dishonesty" means any action by a licensee or applicant to include, but is not limited to, making any statement that deceives, misrepresents or misleads, or be a party to or an accessory to any fraudulent or deceitful practice or transaction in the dispensation of medical marijuana or in the operation or conduct of a dispensary.
Replaces: 3796:6-3-11