Chapter 4729-2 Meetings

4729-2-01 Board meetings.

(A) Meetings of the board will be conducted according to "Robert's Rules of Order" (2/3/2015).

(B) Any board member activity undertaken in accordance with section 4729.03 of the Revised Code will be compensated pursuant to the provisions of division (J) of section 124.15 of the Revised Code.

(C) The board will elect a president and vice-president, for the coming fiscal year, prior to the last board meeting of the present fiscal year, as follows:

(1) Separate elections will be held for president and vice-president, with the election of president occurring first;

(2) Each board member will cast a ballot for the president of his or her choice and the person receiving the greatest number of votes will be elected president;

(3) Each board member will cast a ballot for the vice-president of his or her choice. The person receiving the greatest number of votes will be elected vice-president;

(4) In the event of a tie vote for either office, a run-off election of the tied nominees will be conducted;

(5) No board member may serve successive years in the office of president during a four-year appointment;

(6) The out-going president shall administer the oath of office to the new officers at the final official meeting of the board for the current fiscal year and the new officers shall take office on July first of the new fiscal year.

Effective: 4/10/2015
Five Year Review (FYR) Dates: 11/12/2014 and 04/10/2020
Promulgated Under: 111.15
Statutory Authority: 4729.05
Rule Amplifies: 4729.03
Prior Effective Dates: 4/30/1982, 4/1/1989, 1/1/2001

4729-2-02 Administration.

(A) The president will appoint a board member, during the first meeting of each new fiscal year, to be responsible for each of the following board matters:

(1) Citation review and issuance;

(2) Budget/finance;

(3) Continuing education, examination, internship and licensure;

(4) Legislation and external affairs;

(5) Ohio automated Rx reporting system (OARRS);

(6) Probation committee; and

(7) Rules review committee;

(B) The board may appoint advisory committees to assist in obtaining information that would enable the board to carry out its responsibilities more effectively and efficiently. An appointment to an advisory committee would be valid for a period of no longer than one year. In selecting members of an advisory committee, the board will make an effort to select (to the extent practicable), individuals or representatives who may be affected by or be a part of the subject matter being considered. Individuals and groups will be encouraged to submit the names of nominees from which the board may appoint committee members. Such committees shall meet a sufficient number of times to perform properly their functions and report their findings and recommendations to the board.

(C) All employees of the board will comply with all requirements of the Revised Code and all rules and policies adopted by any of the following:

(1) The board;

(2) The executive director; and

(3) A state agency with the authority to adopt and enforce rules and policies applicable to other state agencies and their employees.

(D) All employees of the board are prohibited from soliciting or accepting any gifts of any kind or monetary gratuities from any licensee, agent or employee of a licensee that will in any way compromise or appear to compromise his or her performance as an employee of the board.

(E) Employees may be authorized to work remotely at the discretion of the executive director if such work is documented, in accordance with policies adopted by the executive director, as to date, time and place of work.

(F) Expense report and payroll forms of the executive director will be approved and signed by the president or designee authorized in writing for payment.

(G) The board specifically authorizes the following professional memberships:

(1) Agency membership in the "National Association of Boards of Pharmacy" and the "National Association of State Controlled Substance Authorities (N.A.S.C.S.A.)";

(2) Executive director membership in the appropriate organizations as approved by the board;

(3) Compliance specialists membership in the "American Society of Health-system

Pharmacists (A.S.H.P.)" and "American Pharmacists Association (A.Ph.A.)", upon approval of the executive director;

(4) Compliance and enforcement staff membership in the "Narcotics Association of

Regional Coordinating Officers of Ohio (N.A.R.C.O.)", the "National Association of Drug Diversion Investigators (N.A.D.D.I.)" and the "Ohio Task Force Commanders Association" (O.T.F.C.A), upon approval of the executive director.

(5) No employee will hold office or serve as a voting member on committees of these organizations without prior approval of the board.

(6) This specific authorization shall not serve as a limitation to memberships. Other professional memberships may be approved by the executive director.

(H) The board authorizes the executive director to:

(1) Sign any forms or documents necessary to the administration of the board;

(2) Certify as true and complete any record needed in connection with court proceedings or otherwise;

(3) Expend such board funds as are budgeted and appropriated for agency support;

(4) Issue such opinions or interpretations of board policies, rules or laws as are required in the interest of the public or profession. If the opinions or interpretations presented have not been previously considered by the board, such decisions are to be submitted and approved at the next board meeting;

(5) Delegate such administrative responsibility and authority as will contribute to the efficient management of the state board of pharmacy.

(I) The executive director will issue the following routine authorizations, licenses, and registrations, as qualify under the provisions of the Revised Code and the Administrative Code, without prior consultation or approval of the board:

(1) Permission to take an examination to determine a licensure candidate's fitness to practice pharmacy;

(2) Pharmacist licenses;

(3) Terminal dangerous drug distributor licenses;

(4) Wholesale dangerous drug distributor licenses;

(5) Controlled substance wholesaler and manufacturer licenses;

(6) Recordkeeping procedures authorized by rules 4729-5-27 and 4729-5-28 of the Administrative Code;

(7) Security barriers authorized by rule 4729-9-11 of the Administrative Code;

(8) Disposal of controlled substances authorized by Chapter 4729-8 and rule 4729-9-06 of the Administrative Code.

(J) The board authorizes the licensing administrator/director of internship to issue the following routine approvals and licenses, as qualify under the provisions of the Revised Code and Administrative Code, without prior consultation or approval by the board:

(1) Pharmacy intern certificates and identification cards;

(2) Internship credit in accordance with rule 4729-3-05 of the Administrative Code.

(3) Documents necessary to obtain or renew a license as a terminal or wholesale distributor of dangerous drugs.

Effective: 10/7/2016
Promulgated Under: 111.15
Statutory Authority: 4729.05
Rule Amplifies: 3719.02, 3719.021, 4729.04, 4729.06, 4729.07, 4729.07, 4729.09, 4729.11, 4729.52, 4729.54, 4729.59
Prior Effective Dates: 4/30/1982, 1/1/2001, 4/10/2015

4729-2-03 Notice of meetings and hearings.

(A) Notice of meetings.

Any person may obtain the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings of the state board of pharmacy, as required by division (F) of section 121.22 of the Revised Code, by:

(1) Calling the telephone number of the state board of pharmacy between the normal business hours, Monday through Friday, state holidays excepted.

(2) Consulting the official record of all board of pharmacy regularly scheduled and special meetings located at office of the state board of pharmacy.

(3) Viewing the state board of pharmacy's website.

(4) Requesting the information to be sent by the state board of pharmacy by e-mail.

(B) Public notice of hearing to consider proposed rule changes.

(1) Reasonable public notice, as required by section 119.03 of the Revised Code, shall be given at least thirty days prior to the date set for the public hearing as follows:

(a) By placing such notice in the register of Ohio.

(b) By e-mailing, one time, to all subscribers on the board's sunshine notice mailing list.

(c) By e-mailing, one time, to all persons who have requested the board to provide notification of any proposed rule changes.

(d) By placing such notice on the board's website and remaining there until the public hearing record is closed.

(2) The board shall furnish the full text of the proposed rules as follows:

(a) By mailing to any person who requests such in writing and who pays the cost of copying and mailing.

(b) By e-mailing to any person upon request.

(c) By posting directly on the board's website or posting a link to the registrar of Ohio's website and remaining there until the public hearing record is closed.

Effective: 10/7/2016
Promulgated Under: 111.15
Statutory Authority: 121.22
Rule Amplifies: 121.22

4729-2-04 Public records.

(A) Public records, as defined in section 149.43 of the Revised Code, maintained by the state board of pharmacy, are available for inspection at the board office between normal business hours, Monday through Friday of each week, state holidays excluded.

(B) Copies of public records will be made available at cost pursuant to the following conditions:

(1) A request shall be submitted to the board of pharmacy specifying which records are to be copied, the number of copies, and the date that such copies are needed.

(2) Upon receipt of a request, the board shall determine the cost to provide such copies. The copies will be prepared and provided only when the board has been reimbursed for the cost.

(C) The names and addresses of persons licensed or registered with the board will be provided at cost pursuant to the following conditions.

(1) A request is submitted to the board of pharmacy specifying:

(a) The names and addresses that are to be provided;

(b) The form and format in which the records are to be provided;

(c) The date that the names and addresses are needed.

(2) Upon receipt of a request, the board shall determine the cost to provide the names and addresses. The names and addresses will be prepared and provided only when the board has been reimbursed for the cost.

Effective: 10/7/2016
Promulgated Under: 111.15
Statutory Authority: 4729.05
Rule Amplifies: 4729.15

4729-2-05 Probation committee.

(A) The probation committee shall consist of two board members appointed by the board president pursuant to paragraph (A)(6) of rule 4729-2-02 of the Administrative Code. One alternate board member will be selected in order to perform probation committee functions when an appointed member has a conflict of interest or is unavailable. Each appointee will serve for a period of two years and, at least one of the committee members appointed should include a board member who has previously served on the committee.

(B) The probation committee shall approve the form and content of the probation report document, which probationers will be required to submit.

(C) Board staff shall review probationer reports and refer reports that meet criteria designated by the probation committee to the committee for review.

(D) The probation committee shall meet at least annually with each probationer on a schedule to be determined based, in part, on reports, the probationer's length of time on probation, and/or substantive violations of probation.

(E) The probation committee shall review probationer reports to ensure a probationer possesses the requisite judgment, skill, and competence necessary to ensure public safety in the practice of pharmacy.

(F) The probation committee shall be responsible for all of the following:

(1) Reviewing referrals from treatment providers and recovery monitors as to matters of non-compliance;

(2) Reviewing complaints received by the board regarding a probationer's actions;

(3) Reviewing deviation requests from board orders and approving, denying, or modifying requests;

(4) Reviewing self-reports of non-compliance that do not pose a danger of immediate and serious harm to others;

(5) Issuing warning letters to probationers for non-substantive violations of board orders.

(G) Any information received by the probation committee which indicates a substantive violation of probation may have occurred shall be referred to the compliance and enforcement department for investigation.

(H) The compliance and enforcement department will notify the probation committee when a new and/or active investigation begins on a probationer.

(I) Any reports or complaints received by the board or the probation committee that indicate a potential danger of immediate and serious harm to others will be immediately referred to the compliance and enforcement department for potential summary suspension.

(J) Pursuant to section 4729.17 of the Revised Code, the probation committee will conduct a hearing in accordance with Chapter 119. of the Revised Code to close probation and will make a recommendation to the full board as to whether the probationer's case should be closed as successfully completed.

Effective: 10/8/2016
Promulgated Under: 111.15
Statutory Authority: 4729.26
Rule Amplifies: 4729.16