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