4729-9-26 Criminal records check for pain management clinics.

Pursuant to division (B) of section 4729.552 of the Revised Code, a new terminal distributor of dangerous drug license with a pain management clinic classification will not be issued until the physician owner(s), or, if incorporated, the physician officers of the pain management clinic submit fingerprints to the Ohio bureau of criminal identification and investigation (BCI&I) for a criminal records check. Additionally, a criminal records check is required every time there is a change in ownership for each new owner(s) or officer(s). All criminal records checks conducted in accordance with this rule shall consist of both a BCI&I criminal records check and a federal bureau of investigations (FBI) records check. The results of the criminal records check must be sent directly to the Ohio state board of pharmacy from BCI&I. To be considered valid, the criminal records check must have been performed within the past twelve months. After the board receives the results of all of the required criminal records checks the license process will proceed. The physician owner(s) or physician officers must submit electronic fingerprint impressions as described in rule 4729-5-12 of the Administrative Code.

Physician owner(s) or physician officers are required to have all employees submit to a BCI&I and FBI criminal records check to ensure that no person has been previously convicted of, or pleaded guilty to a theft offense that would constitute a felony as described in division (K)(3) of section 2913.01 of the Revised Code or a felony drug abuse offense as defined in section 2925.01 of the Revised Code. 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 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. 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: 3/1/2017
Five Year Review (FYR) Dates: 11/29/2016 and 03/01/2022
Promulgated Under: 119.03
Statutory Authority: 4729.26, 4729.552
Rule Amplifies: 4729.552 , 4776.02, 4776.04
Prior Effective Dates: 10/27/2011, 8/22/2014