Current through all regulations passed and filed through September 16, 2024
(A)
As used in this
rule, "error in dispensing" or "dispensing error" has the same meaning as rule
4729:5-3-22 of the Administrative Code.
(B)
Pursuant to
section 4729.10 of the Revised Code, a
pharmacy technician trainee, registered pharmacy technician or certified
pharmacy technician who has knowledge, from direct observation or objective
evidence, of violations described in paragraph (C) of this rule shall report
such conduct to the board.
(C)
The following
shall be reported to the board no later than ten days from discovery:
(1)
Except as
provided in paragraphs (C)(1)(a) and (C)(1)(b) of this rule, conduct indicating
an individual licensed or registered by the board is practicing pharmacy while
physically or mentally impaired by alcohol, drugs or other chemical substances
or impaired physically or mentally to such a degree as to render the individual
unfit to carry out their professional duties.
(a)
A registrant
shall not be required to report in accordance with this rule if the registrant
becomes aware of any condition described in paragraph (C)(1) of this rule as a
result of either:
(i)
The registrant or licensee is involved in the treatment
of the individual for the condition; or
(ii)
The registrant
or licensee having access to the individual's protected health
information.
(b)
A registrant shall not be required to report in
accordance with this rule if the individual voluntarily seeks treatment for a
mental health condition or substance use disorder and there are no other
violations of rule or law.
(2)
Except as
provided in paragraph (H) of this rule, violations, attempts to violate, or
aiding and abetting in the violation of any of the provisions of Chapters
4729., 3715., 3719., 2925., and 2913. of the Revised Code, or any rule adopted
by the board under those provisions, by an individual licensed or registered by
the board.
(3)
Conduct by a pharmacy technician trainee, registered
pharmacy technician, certified pharmacy technician, pharmacy intern or
pharmacist that constitutes unprofessional conduct or dishonesty as defined in
rule 4729:3-4-01 of the
Administrative Code.
(D)
(1)
Pursuant to section
4729.23 of the Revised Code, the
identity of the registrant making a report in accordance with this rule shall
remain confidential.
(2)
Notwithstanding the confidentiality provided in
accordance with paragraph (D)(1) of this rule, a registrant may be required to
testify in a disciplinary proceeding as to the conduct or violations listed in
paragraph (C) of this rule without disclosing the registrant was the reporting
individual.
(E)
Reporting required in accordance with paragraph (C)
this rule shall be made by mail, using the board's online complaint form
(available on the board's web site:
www.pharmacy.ohio.gov), or by telephone and shall include the following
information:
(1)
The name of the licensee or registrant or other individual
who may have committed a violation listed in paragraph (C) of this
rule;
(2)
The violation which is believed to have occurred;
and
(3)
The date(s) of and place(s) of occurrence(s), if
known.
(F)
All reports submitted in accordance with this rule
shall protect the confidentiality of patients. The board may request additional
information, including patient information, as part of an investigation
conducted in accordance with Chapter 4729. of the Revised Code.
(G)
An individual
registered pursuant to this division shall notify the board of any of the
following:
(1)
Any criminal conviction for, judicial finding of guilt of,
or plea of guilty to a disqualifying offense within ten days after the date of
conviction.
(2)
The registrant is convicted of, plead guilty to, is
subject to a judicial finding of eligibility for intervention in lieu of
conviction in this state under section
2951.041 of the Revised Code or
the equivalent thereof in another jurisdiction within ten days after the
individual is deemed eligible.
(3)
The registrant is
granted entry into a diversion program, deferred prosecution program, or the
equivalent thereof within ten days after the individual is granted entry into a
program.
(4)
Any arrest for a felony within ten days after the
arrest.
(5)
For a certified pharmacy technician, failure to
maintain a current pharmacy technician certification from an organization that
has been recognized by the board.
(H)
An individual
registered pursuant to this division shall notify the board of any disciplinary
licensing or registration action taken by another state against the registrant
within ten days of the notice of action. This includes, but is not limited to,
a disciplinary action that is stayed pending appeal.
(I)
A dispensing
error, as defined in rule 4729:5-3-22 of the Administrative Code, shall only be
reported to the board by a pharmacy in accordance with rule 4729:5-4-02 of the
Administrative Code.
(J)
Pursuant to section
4729.10 of the Revised Code, in
the absence of fraud or bad faith, a person who reports in accordance with this
rule or testifies in any adjudication conducted under Chapter 119. of the
Revised Code is not liable to any person for damages in a civil action as a
result of the report or testimony.
Replaces: 4729:3-4-02
