Lawriter - OAC - 4729-5-04 [Rescinded Effective 5/1/2018] Violations as evidence for denial of a pharmacist or intern license.

4729-5-04 [Rescinded Effective 5/1/2018] Violations as evidence for denial of a pharmacist or intern license.

The board of pharmacy may consider as evidence of a person not meeting the requirements provided in division (B) of section 4729.08, division (B) of section 4729.09, and sections 4729.11 and 4729.12 of the Revised Code, and may discipline or deny a person admission to the licensure examination, or may deny the issuance of a license to practice pharmacy as a pharmacist or a licenese to practice as a pharmacy intern in Ohio if such person:

(A) 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;

(B) Violated, conspired to violate, attempted to violate, or aided and abetted in the violation of any of the provisions of Chapters 4729., 3715., 3719. and 2925. of the Revised Code, or any rule adopted by the board under those provisions;

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

(D) Is addicted to or abusing alcohol, drugs or other chemical substances or impaired physically or mentally to such a degree as to render the pharmacist or pharmacy intern unfit to practice pharmacy;

(E) Has been disciplined by the Ohio state board of pharmacy pursuant to section 4729.16 of the Revised Code;

(F) Has been disciplined by any professional licensing board;

(G) Has permitted anyone other than a pharmacist or pharmacy intern to practice pharmacy;

(H) Has knowingly lent the pharmacist's or pharmacy intern's name to an illegal practitioner of pharmacy or has a professional connection with an illegal practitioner of pharmacy;

(I) Has divided or agreed to divide remuneration made in the practice of pharmacy with any other individual, including, but not limited to, any licensed health professional authorized to prescribe drugs or any owner, manager, or employee of a health care facility, residential care facility, or nursing home;

(J) Has violated the terms of a consult agreement entered into pursuant to section 4729.39 of the Revised Code;

(K) Has committed fraud, misrepresentation, or deception in applying for or securing a license issued by the board under Chapter 4729. of the Revised Code;

(L) Failed to conform to prevailing standards of care of similar pharmacists or pharmacy interns under same or similar circumstances, whether or not actual injury to a patient is established; or

(M) Violated any restrictions placed by the board on a license or violated any terms of a board order issued against the licensee.

Effective: 5/1/2018
Five Year Review (FYR) Dates: 11/17/2017
Promulgated Under: 119.03
Statutory Authority: 4729.26
Rule Amplifies: 4729.08, 4729.09, 4729.11, 4729.12
Prior Effective Dates: 09/10/1976, 03/21/1988, 07/01/1991, 01/01/2011, 04/28/2016