Current through all regulations passed and filed through September 16, 2024
(A) Probation will be reviewed by members of
the board's probation committee and board staff. When a licensee or registrant
is placed on probation, the board shall require, at a minimum, the following
probationary and limiting terms, unless otherwise
determined by the board or its probation committee:
(1) Compliance with all federal, state, and
local laws, and all rules governing practice in Ohio.
(2)
Compliance with
the employment requirements in rule
4729:5-3-10
of the Administrative Code.
(3) Submission of
quarterly declarations on a form approved by the board or the board's probation
committee stating, under penalty of perjury, whether there has been compliance
with all conditions of probation and, if applicable, treatment.
(4)
Periodic appearances before the board or its representatives as
requested.
(5) A minimum five-year contract with an approved
monitoring provider.
(6) Compliance with all terms of the approved
monitoring contract, which shall include all terms set forth in rule
4729:4-1-04
of the Administrative Code.
(7)
Prior approval of the board or the board's probation
committee of departures or absences in excess of ten days from the state or for
any intended travel out of the country. Periods of departure or absence shall
not change the probationary term, unless otherwise determined by motion of the
board or the board's probation committee. For absences of three months or
longer, the board or its probation committee may toll the length of probation,
other than in instances where the board or its probation committee can be
assured that probationary monitoring is otherwise being performed.
(8) Inability to
engage in a consult agreement.
(9)
As designated in the board's order, submission of observed urine, blood, or
hair samples upon request of the approved monitoring program or board, and
without prior notice, at the cost of the licensee or registrant.
(10)
Compliance with any employer provided drug or alcohol screens.
(11)
When deemed appropriate by the board or the board's probation committee,
undertaking psychiatric evaluation, and, where appropriate, continuing
treatment acceptable to the board, with evidence of compliance to be provided
in each quarterly report.
(12) Copies of the
board order or settlement agreement to be provided by the individual to all of
the following during the effective period of the board order or settlement
agreement:
(a) All employers or prospective
employers;
(b)
All persons and entities that provide the individual
chemical dependency treatment or monitoring; and
(c)
By certified mail, the proper licensing authority of any state or jurisdiction
in which the individual holds or applies for any professional license, excluding the state of Ohio board of
pharmacy.
(13) Continuing
compliance with the terms of the monitoring contract entered into with the
treatment provider and approved monitoring provider, provided, that where terms
of the monitoring contract conflict with the terms of the settlement agreement
or board order, the terms of the settlement agreement or board order shall
control.
(14) Continuing authorization, through appropriate
written consent forms, for disclosure by the treatment provider and/or approved
monitor to the board, to treating and monitoring physicians, and to others
involved in the monitoring process, of information necessary for those
individuals to fulfill their respective duties and obligations.
(15)
Minimum probationary term of at least five years.
(16) No requests by
the probationer for modifications to probationary terms for at least three
years, however, limited, isolated deviations from the probationary terms may be
granted with the approval by the board or its probation committee in
exceptional circumstances.
(17) Self-reporting
of any violation of one or more terms of probation.
(18)
A determination
of not in good standing and an inability to serve as a preceptor, responsible
person, or designated representative.
(19)
Maintain a
current address with the board.
(B) Periods during which the probationer is
not in compliance with all probationary terms shall toll the length of time of
probation during which the probationer was out of compliance. The board shall
issue a resolution setting forth the minimum length of time each violation will
toll the probationary term. The resolution shall be updated as necessary and
available on the board's web site, www.pharmacy.ohio.gov. The board may
implement additional disciplinary action in addition to or instead of tolling
probation.
(C)
Violation of any term of probation may result in
additional action before the board up to and including revocation of the
registrant or licensee's pharmacy board issued license or registration.
(1)
Upon review of
the probation committee at the conclusion of the probationary term, the board
may return the licensee or registrant to an active license without probationary
status.
(2)
At the conclusion of the probationary term if the
licensee or registrant has violated any of the terms of probation or other
terms of the board order, the probation committee will review for a
determination of further action against the license or
registration.
(D)
In the event the probation is unrelated to impairment
as defined in rule
4729:4-1-01
of the Administrative Code, the board may impose any other probationary
conditions as it warrants applicable to the individual facts pertaining to
discipline.
