Current through all regulations passed and filed through September 16, 2024
(A) Pursuant to division (B)(3) of section
3796.14
of the Revised Code, the state board of pharmacy may suspend a dispensary
employee license under the following
circumstances:
(1) Upon a finding that a
dispensary employee is abusing or becomes addicted to the use of controlled
substances the dispensary employee's license shall be suspended by the board
until the person offers satisfactory proof to the state board of pharmacy that
the person no longer is addicted to the use of controlled substances;
(2) If the board determines that there is
clear and convincing evidence that continuation of the dispensary employee's
practice or method of dispensing, using or furnishing medical marijuana
presents a danger of immediate and serious harm to oneself or to others, the
state board of pharmacy shall suspend the person's license without a
hearing;
(3) On receiving
notification that a dispensary employee has been convicted of or pleaded guilty
to a disqualifying offense, the state board of pharmacy
may
suspend the person's license without a hearing;
(4) On receiving notification that a
dispensary employee pleaded guilty to, was found guilty by a jury or court of,
or was convicted of a felony drug abuse offense; a finding by a court of the
dispensary employee's eligibility for intervention in lieu of conviction; a
dispensary employee's plea of guilty to, or a finding by a jury or court of the
employee's guilt of, or the employee's conviction of an offense in another
jurisdiction that is substantially the same as a felony drug abuse offense; or
a finding by a court of the employee's eligibility for treatment or
intervention in lieu of conviction in another jurisdiction, the state board of
pharmacy immediately shall suspend the license of that person.
(B) The board shall follow the
procedure for suspension without a prior hearing in section
119.07
of the Revised Code. The suspension shall remain in effect, unless removed by
the board, until the board's final adjudication order becomes effective, except
that if the board does not issue its final adjudication order within ninety
days after the hearing the suspension shall be void ninety-one days after the
hearing. The board may suspend a license utilizing a
telephone conference call to review the allegations and take a
vote.
