Ohio Administrative Code
Title 3796:7 - Patients
Chapter 3796:7-2 - Registration of Patients and Caregivers
Section 3796:7-2-12 - Suspension of Access to Patient Information
Universal Citation: OH Admin Code 3796:7-2-12
Current through all regulations passed and filed through September 16, 2024
(A)
(1)
Except as provided in division (A)(2) of this rule,
after providing notice and affording an opportunity for a hearing in accordance
with Chapter 119. of the Revised Code, the state board of pharmacy may restrict
a person from obtaining information from the registry established in accordance
with section
3796.08 of the
Revised Code if any of the following is the case:
(a)
The person
receives or releases registered patient information in violation of rules
3796:6-3-18
or 3796:7-2-11 of the Administrative Code or section
3796.08 of the
Revised Code;
(b)
The person's actions in another state would have
constituted a violation of rules
3796:6-3-18
or 3796:7-2-11 of the Administrative Code or section
3796.08 of the
Revised Code;
(c)
The person fails to comply with rules
3796:6-3-18
or 3796:7-2-11 of the Administrative Code or section
3796.08 of the
Revised Code, regardless of the jurisdiction in which the failure to comply
occurred;
(d)
The person creates, by clear and convincing evidence, a
threat to the security of information contained in the
registry.
(2)
If the state board of pharmacy determines that
allegations regarding a person's actions warrant restricting the person from
obtaining further information from the registry established by the state board
of pharmacy in accordance with section
3796.08 of the
Revised Code without a prior hearing, the state board of pharmacy may summarily
impose the restriction. A telephone conference call may be used for reviewing
the allegations and taking a vote on the summary restriction. The summary
restriction shall remain in effect, unless removed by the state board of
pharmacy, until the state board of pharmacy's final adjudication order becomes
effective.
(3)
The state board of pharmacy shall determine the extent
to which the person is restricted from obtaining further information from the
registry established by the state board of pharmacy in accordance with section
3796.08 of the
Revised Code.
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