4729-6-02 Applicability.

(A) No person, except a licensed approved treatment provider, shall purport to be or operate as a treatment facility for the purpose of administering care in the detoxification and rehabilitation of an impaired pharmacist.

(B) The rules in Chapter 4729-6 of the Administrative Code are applicable to all licensed pharmacists, pharmacy interns, and any other board licensees. For the purposes of this chapter only, the word "pharmacist" shall include pharmacy interns and other individuals licensed by the board.

(C) Should the board have reason to believe that a pharmacist suffers from impairment because of conduct or behavior committed or displayed by the pharmacist, the board may compel the individual to be examined by an approved treatment provider. If the pharmacist fails to submit to an assessment as ordered by the board, or if the assessment discloses impairment, or if there is an admission of impairment, or if the board has other reliable, substantial, and probative evidence demonstrating impairment, the board may:

(1) Refer the licensee for treatment;

(2) Initiate action against the licensee pursuant to Chapter 119. of the Revised Code;

(3) Summarily suspend the license of a pharmacist pursuant to rule 4729-6-10 of the Administrative Code if the licensee's continued practice poses a danger of immediate and serious harm to others.

(D) Before being eligible to apply for reinstatement of a license suspended because of impairment, the pharmacist must demonstrate to the board that he/she possesses the requisite judgment, skill, and competence to ensure public safety in the practice of pharmacy. Such demonstration shall include but not be limited to the following:

(1) Certification from an approved treatment provider that the pharmacist:

(a) Has signed a treatment contract and is participating in and complying with an individualized treatment plan;

(b) Has successfully completed the required inpatient treatment;

(c) Is actively participating in an outpatient treatment program;

(d) Has been shown to be alcohol and drug free by random, chain of evidence drug screens for a period of time as determined by the board at the time of the suspension;

(e) Has been evaluated by an approved treatment provider who has made a clear determination, documented in a written statement, that the pharmacist is capable of practicing.

(2) Certification that the pharmacist has met all requirements of the board order and satisfactory evidence has been submitted to the board, including but not limited to:

(a) A copy of the signed and agreed to treatment contract;

(b) Written reports and documentation from the approved treatment program;

(c) Written reports from the pharmacist describing progress towards recovery.

R.C. 119.032 review dates: 11/22/2011 and 11/15/2016
Promulgated Under: 119.03
Statutory Authority: 3719.28, 4729.26
Rule Amplifies: 3719.121, 4729.18
Prior Effective Dates: 7/1/92, 2/1/02