3796:6-3-11 Duty to report.

(A) Each dispensary employee is responsible to monitor for suspicious recommendations, unusual usage, or questionable disposition of medical marijuana.

(B) Each dispensary employee shall notify the following upon discovery of the theft or loss of any medical marijuana or medical marijuana device, including medical marijuana in transit that was either shipped from or to the dispensary:

(1) The state board of pharmacy, by telephone immediately upon discovery of the theft or loss;

(2) Law enforcement authorities with jurisdiction over the location where the theft or loss occurred pursuant to section 2921.22 of the Revised Code.

(C) Medical marijuana thefts or unexplained losses must be reported to the state board of pharmacy in writing irrespective of whether the medical marijuana is recovered and/or the responsible parties are identified and action taken against them. Written reports must be provided to the state board of pharmacy within forty-eight hours following the discovery of such theft or loss.

(1) The written report must include:

(a) The name, address, and license number of the dispensary;

(b) The amount and type of medical marijuana lost or stolen;

(c) The circumstances surrounding the loss or theft;

(d) The date the loss or theft was discovered;

(e) The person who discovered the loss or theft;

(f) The person responsible for the loss or theft if known; and

(g) Any other information that the reporter believes might be helpful in establishing the cause of the loss or theft.

(2) An exemption may be obtained upon sufficient cause if written notification cannot be completed within five business days.

(3) A request for waiver of the five business day limit must be requested in writing.

(D) Each dispensary employee, immediately upon discovery of any fraudulent or otherwise unlawful recommendation shall notify the state board of pharmacy and law enforcement authorities. Upon receiving such notice, the state board of pharmacy shall notify the state medical board of all suspected fraudulent recommendations.

(E) Each designated representative who knows or should know that a prohibited facility or a community addiction services provider as defined under section 5119.01 of the Revised Code, has been established within five hundred feet of the dispensary shall notify the state board of pharmacy, for purposes of assessing the adequacy of existing security measures.

(F) All dispensary employees must report all known violations of state drug laws, including all rules adopted pursuant to Chapter 3796. of the Revised Code, to the state board of pharmacy immediately.

(G) Serious adverse events related to security and administration of medical marijuana, that a dispensary employee knows or should know, shall be reported to the state board of pharmacy within twenty-four hours.

(H) Any adverse action taken against the employee by any licensing authority in any state or any territory of the United States or any foreign jurisdiction, any governmental agency, any law enforcement agency or any court, shall be reported to the state board of pharmacy within five business days.

Cite as Ohio Admin. Code 3796:6-3-11

Effective: 9/8/2017
Five Year Review (FYR) Dates: 09/08/2022
Promulgated Under: 119.03
Statutory Authority: 3796.04
Rule Amplifies: 3796.04 , 3796.30