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

4729:3-4-01 Disciplinary actions.

(A) As used in this rule:

(1) "Dishonesty" means any action by a licensee, registrant or applicant to include, but is not limited to, making any statement that deceives, misrepresents or misleads, or be a party to or an accessory to any fraudulent or deceitful practice or transaction in the practice of pharmacy or in the operation or conduct of a pharmacy.

(2) "Unprofessional conduct" means conduct unbecoming of a licensee, registrant or applicant, or conduct 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 include, but not be limited to, the following acts: coercion, intimidation, harassment, sexual harassment, improper use of private health information, threats, degradation of character, indecent or obscene conduct, and theft.

(3) "Act involving moral turpitude" means an act or behavior that gravely violates moral sentiment or accepted moral standards of the community and is a morally culpable quality held to be present in some criminal offenses as distinguished from others.

(B) 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, certified pharmacy technician or applicant for such registration 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.

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

(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) Has been disciplined by the state board of pharmacy pursuant to section 4729.96 of the Revised Code.

(4) Has been the subject of any of the following by the drug enforcement administration or licensing agency of any state or jurisdiction:

(a) A disciplinary action that resulted in the suspension, probation, surrender or revocation of the person's license or registration.

(b) A disciplinary action that was based, in whole or in part, on the person's inappropriate prescribing, dispensing, diverting, administering, storing, securing, personally furnishing, compounding, supplying or selling a controlled substance or other dangerous drug.

(5) Has been subject to any of the following:

(a) A finding by a court of the person's eligibility for intervention in lieu of conviction; or

(b) A finding by a court of the person's eligibility for treatment or intervention in lieu of conviction in another jurisdiction.

(6) Has been granted entry into a diversion program, deferred prosecution program, or the equivalent thereof.

(7) Committed an act involving moral turpitude that constitutes a misdemeanor or felony in this state, regardless of the jurisdiction in which the act was committed.

(8) Cannot conduct authorized activities according to acceptable and prevailing standards of care by reason of mental illness or physical illness, including, but not limited to, physical deterioration that adversely affects cognitive, motor, or perceptive skills.

(9) Engaged in dishonesty or unprofessional conduct.

Effective: 3/1/2019
Five Year Review (FYR) Dates: 11/20/2022
Promulgated Under: 119.03
Statutory Authority: 4729.26, 4729.94
Rule Amplifies: 4729.90, 4729.96, 4729.95, 4729.94 , 4729.93, 4729.921, 4729.92 , 4729.91, 4729.901
Prior Effective Dates: 11/20/2017

4729:3-4-02 Duty to report.

(A) As used in this rule:

"Error in dispensing" or "prescription error" means an act or omission of clinical significance relating to the dispensing of a drug. An error in dispensing may be considered a violation of division (A)(2) of section 3715.52 and section 3715.64 of the Revised 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:

(1) Except as provided in paragraph ( C)(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) 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 is involved in the treatment of the individual for the condition; or

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

(2) Except as provided in paragraph ( H) 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.

(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 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 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) 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, failure to use a turn signal or expired registration.

(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.

(G) 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.

(H) An error in dispensing shall not be required to be reported pursuant to paragraph (C) of this rule.

(I) 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.

Effective: 3/1/2019
Five Year Review (FYR) Dates: 11/20/2022
Promulgated Under: 119.03
Statutory Authority: 4729.26, 4729.94
Rule Amplifies: 4729.90, 4729.96, 4729.95, 4729.94 , 4729.93, 4729.921, 4729.92 , 4729.91, 4729.901
Prior Effective Dates: 11/20/2017