Current through all regulations passed and filed through September 16, 2024
(A)
When a licensee
or registrant is placed on an indefinite or other term of suspension, the board
may require, at a minimum, the following terms in its suspension order, unless
otherwise determined by the board or its probation committee:
(1)
Compliance with
all federal, state, and local laws, rules, and regulations.
(2)
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 suspension and, if applicable,
treatment.
(3)
Periodic appearances before the board, the board's
probation committee, or its representatives as requested.
(4)
A minimum
five-year contract with an approved monitoring provider.
(5)
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.
(6)
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 suspension,
other than in instances where the board or its probation committee can be
assured that monitoring is otherwise being performed.
(7)
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.
(8)
Compliance with
any employer provided drug or alcohol screens.
(9)
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.
(10)
Copies of the board order or settlement agreement must
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;
(c)
Law enforcement
and court personnel if the suspended licensee or registrant has court
involvement related to suspension such as drug court, intervention in lieu of
treatment, or diversion program; and
(d)
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.
(11)
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.
(12)
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.
(13)
Self-reporting
of any violation of one or more terms of suspension.
(14)
Maintain a
current address with the board.
(B)
Periods during
which the suspended licensee or registrant is not in compliance with all terms
of suspension shall toll the length of time of suspension during which the
suspended licensee or registrant was out of compliance. The board shall issue a
resolution setting forth the minimum length of time each violation will toll
the suspension 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 suspension.
(C)
Violation of any
term of suspension 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.
(D)
In the event the suspension is unrelated to impairment
as defined in rule
4729:4-1-01 of the
Administrative Code, the board may impose any other suspension conditions as it
warrants applicable to the individual facts pertaining to
discipline.
