4729-9-19 Violations as evidence for denial or discipline of terminal, wholesale, or manufacturer license.

(A) The state board of pharmacy may consider as evidence of a person not meeting the requirements provided in sections 4729.53 and 4729.55 of the Revised Code, and may deny or discipline a person registration as a wholesale distributor of dangerous drugs or licensure as a terminal distributor of dangerous drugs in Ohio if such person:

(1) Has been convicted of a felony;

(2) Commission of an act that constitutes a felony in this state, regardless of the jurisdiction in which the act was committed;

(3) Has been convicted of violating any state or federal pharmacy or drug law;

(4) Is not of good moral character and habits;

(5) Is addicted to or abusing alcohol or drugs;

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

(7) Has been disciplined by any professional licensing board.

(B) When a request for licensure as a terminal distributor of dangerous drugs, a wholesale distributor of dangerous drugs, or as a wholesaler or manufacturer of controlled substances is made, the state board of pharmacy may consider as evidence of the facility not meeting the requirements for licensure as provided in Chapters 3719. and 4729. of the Revised Code, or may deny issuance of such licensure, if:

(1) The ownership of such facility, or pharmacy previously located in such facility, has been transferred from a licensee whose license has been revoked or disciplined by the state board of pharmacy or any other professional licensing board to the spouse or other family member;

(2) The ownership of such facility, or pharmacy previously located in such facility, has been transferred from a licensee whose license has been revoked or disciplined by the state board of pharmacy or any other professional licensing board to another who employs the former owner or who allows the former owner to be present within the physical confines of the location to be licensed.

(3) The facility knowingly employs a person who:

(a) Has been denied the right to work in such a facility by the state board of pharmacy as part of an official order of the board;

(b) Has been denied the right to work in such a facility by another professional licensing board as part of an official order of that board;

(c) Has been convicted of a felony;

(d) Has committed an act that constitutes a felony in this state, regardless of the jurisdiction in which the act was committed;

(e) Has been convicted of violating any state or federal pharmacy or drug law;

(f) Is not of good moral character and habits;

(g) Is addicted to or abusing alcohol or drugs;

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

(i) Has been disciplined by any professional licensing board.

(C) "Person" has the same meaning as in division (S) of section 4729.01 of the Revised Code and also includes any individual member, regardless of the percentage of ownership, of any partnership, association, limited liability company, or corporation.

Effective: 10/5/2015
Five Year Review (FYR) Dates: 07/15/2015 and 10/05/2020
Promulgated Under: 119.03
Statutory Authority: 4729.26
Rule Amplifies: 4729.51, 4729.53, 4729.55
Prior Effective Dates: 7/1/91, 1/10/96, 3/1/99, 1/1/11