Current through all regulations passed and filed through September 16, 2024
(A) As used in this rule:
(1) "Dishonesty" means any action by a
licensee, registrant 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
practice of pharmacy or in the operation or conduct of a pharmacy.
(2) "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.
(B) The state board of
pharmacy, after notice and hearing in accordance with Chapter 119. of the
Revised Code, may impose one or more of the following sanctions on a pharmacy
technician trainee, registered pharmacy technician, certified pharmacy
technician or applicant for such registration if the board finds the individual
engaged in any of the conduct set forth in paragraph (C) of this rule:
(1) Revoke, suspend, restrict, limit, or
refuse to grant or renew a registration;
(2) Reprimand or place the holder of the
registration on probation;
(3)
Impose a monetary penalty or forfeiture not to exceed in severity any fine
designated under the Revised Code for a similar offense, or in the case of a
violation of a section of the Revised Code that does not bear a penalty, a
monetary penalty or forfeiture as specified in section
4729.96 of the Revised
Code.
(C) The board may
impose the sanctions listed in paragraph (B) of this rule if the board finds a
pharmacy technician trainee, registered pharmacy technician, certified pharmacy
technician or applicant for such registration:
(1) Has engaged in any of the conduct
specified in division (A)(2) of section
4729.96 of the Revised
Code.
(2) Violated any state or
federal law or rule regardless of the jurisdiction in which the acts were
committed, except for minor traffic violations such as parking violations,
speeding tickets and violations such as failure to obey a red light, failure to
use a turn signal or expired registration.
(3) Has been disciplined by the state board
of pharmacy pursuant to section
4729.96 of the Revised
Code.
(4) Has been the subject of
any of the following by the drug enforcement administration or licensing agency
of any state or jurisdiction:
(a) A
disciplinary action that resulted in the suspension, probation, surrender or
revocation of the person's license or registration.
(b) A disciplinary action that was based, in
whole or in part, on the person's inappropriate prescribing, dispensing,
diverting, administering, storing, securing, personally furnishing,
compounding, supplying or selling a controlled substance or other dangerous
drug.
(5) Has been
subject to any of the following:
(a) A
finding by a court of the person's eligibility for intervention in lieu of
conviction; or
(b) A finding by a
court of the person's eligibility for treatment or intervention in lieu of
conviction in another jurisdiction.
(6) Has been granted entry into a diversion
program, deferred prosecution program, or the equivalent thereof.
(7)
Cannot conduct authorized activities according to acceptable and prevailing
standards of care by reason of mental illness or physical illness, including,
but not limited to, physical deterioration that adversely affects cognitive,
motor, or perceptive skills.
(8) Engaged in
dishonesty or unprofessional conduct.
(D)
The board may
require that an individual whose registration has been suspended may not be
employed by or work in a facility licensed by the state board of pharmacy to
possess or distribute dangerous drugs during such period of
suspension.
