4729-4-04 Criminal records check for qualified pharmacy technicians.

(A) Pursuant to sections 4729.42 and 4776.02 of the Revised Code, the criminal records check performed by the Ohio bureau of criminal identification and investigation (BCI&I) shall consist of both a BCI&I criminal records check and a federal bureau of investigation (FBI) criminal records check. BCI&I shall send the results of the BCI&I criminal records check directly to the employer or potential employer. BCI&I shall provide a letter regarding the FBI criminal records check to the employer or potential employer stating that there is either no record of any conviction or a letter stating that the request may not meet the criteria. When an employer or potential employer receives a letter stating that the request may not meet the criteria, they may share this information with the employee or potential employee. In order to complete the criminal records check, the employee or potential employee must then complete a "Request for Release-FBI Rapsheet" and send it to BCI&I to request a copy of the FBI criminal record results be sent directly to the employee or potential employee. The employee or potential employee is then responsible for providing the FBI criminal records check results to the employer or potential employer. The employee or potential employee must provide the results to the employer or potential employer. The employee or potential employee must provide the results to the employer or potential employer in the original sealed envelope received from BCI&I.

(B) The criminal records check shall be based on electronic fingerprint impressions that are submitted directly to BCI&I from a "WebCheck" provider agency located in Ohio. The employer may accept the results of a criminal records check based on ink impressions from a "WebCheck" provider agency only in the event that readable electronic fingerprint impressions cannot be obtained.

Effective: 06/21/2009
R.C. 119.032 review dates: 12/31/2013
Promulgated Under: 119.03
Statutory Authority: 4729.26 , 4729.42
Rule Amplifies: 4729.42 , 4776.02 , 4776.04