Chapter 4729:3-4 State Board of Pharmacy Disciplinary Actions

4729:3-4-01 Disciplinary actions.

(A) 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, or certified pharmacy technician if the board finds the individual engaged in any of the conduct set forth in paragraph (B) 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.

(B) The board may impose the sanctions listed in paragraph (A) of this rule if the board finds a pharmacy technician trainee, registered pharmacy technician, or certified pharmacy technician:

(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) 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.

(4) Granted entry into a diversion program, deferred prosecution program, or the equivalent thereof.

(5) Committed acts that constitute moral turpitude as defined in section 4776.10 of the Revised Code or gross immorality.

(6) Committed acts of moral turpitude.

(7) Engaging in dishonesty.

Dishonesty includes, but is not limited to, making any statement intended to deceive, misrepresent or mislead anyone, or be a party to or an accessory to any fraudulent or deceitful practice or transaction in a licensed location or in the operation or conduct of a licensed location.

(8) Engaging in unprofessional conduct.

Unprofessional conduct means conduct unbecoming of a licensee or registrant 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 be in connection with the duties performed by a licensee or registrant and shall include, but not be limited to, the following acts: coercion, intimidation, harassment, sexual advances, improper use of private health information, threats, degradation of character, indecent or obscene conduct, and theft.

(9) Has been disciplined by any professional licensing board or agency or has surrendered a professional license with discipline pending.

(10) Violated any restrictions placed by the state board of pharmacy on a registration or violated any terms of a board order issued against the registrant.

Effective: 11/20/2017
Five Year Review (FYR) Dates: 11/20/2022
Promulgated Under: 119.03
Statutory Authority: 4729.94, 4729.26
Rule Amplifies: 4729.90, 4729.901, 4729.91, 4729.92, 4729.921, 4729.93, 4729.94, 4729.95, 4729.96

4729:3-4-02 Duty to report.

(A) 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 (B) of this rule shall report such conduct to the board.

(B) The following shall be reported to the board:

(1) Except as provided in paragraph (B)(1)(a) of this rule, conduct indicating an individual licensed or registered by the board is addicted to or is suspected to be abusing 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) Reporting pursuant to this rule is prohibited if the reporting party becomes aware of any condition described in paragraph (B)(1) of this rule as a result of either:

(i) The reporting party's treatment of the individual for the condition; or

(ii) The reporting party having access to the individual's protected health information.

(2) Except as provided in paragraph (G) of this rule, violations, attempts to violate or aid and abet 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.

(C) Pursuant to section 4729.23 of the Revised Code, the identity of the registrant making a report under paragraph (B) of this rule shall remain confidential.

The registrant making a report may be required to testify in a disciplinary proceeding without disclosing the registrant reported the violation(s) in accordance with this rule.

(D) Reporting required in accordance with paragraph (B) this rule shall be made in writing, either by mail or 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 in violation;

(2) The violation which is believed to have occurred; and

(3) The date(s) of and place(s) of occurrence(s), if known.

(E) An individual registered pursuant to this division shall notify the board of any of the following:

(1) Any criminal conviction within ten days after the date of conviction, except for minor traffic violations such as parking violations, speeding tickets and violations such as failure to obey a red light and failure to use a turn signal or expired registration.

(2) 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) 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.

(F) 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.

(G) A violation of division (A)(2) of section 3715.52 and section 3715.64 of the Revised Code is not required to be reported pursuant to paragraph (B)(2) of this rule.

(H) Pursuant to section 4729.10 of the Revised Code, in the absence of fraud or bad faith, a person who reports in accordance with paragraph (B) of 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.

Effective: 11/20/2017
Five Year Review (FYR) Dates: 11/20/2022
Promulgated Under: 119.03
Statutory Authority: 4729.94, 4729.26
Rule Amplifies: 4729.90, 4729.901, 4729.91, 4729.92, 4729.921, 4729.93, 4729.94, 4729.95, 4729.96