state board of pharmacy, after notice and hearing in accordance with Chapter
119. of the Revised Code, may impose any one or more of the following sanctions
on a pharmacist or applicant for a pharmacist license if the board finds the
individual engaged in any of the conduct set forth in paragraph (B) (2) of this
|| Revoke, suspend, restrict, limit, or
refuse to grant or renew a license;
|| Reprimand or place the license holder on
|| Impose a monetary
penalty or forfeiture not to exceed in severity any fine designated under the
Revised Code for a similar offense, or in the case of a violation of a section
of the Revised Code that does not bear a penalty, a monetary penalty or
forfeiture of not more than five hundred dollars.
|| The board may impose the sanctions listed
in paragraph (B)(1) of this rule if the board finds a pharmacist or applicant
for a pharmacist license:
|| Has been
convicted of a felony.
in dishonesty or unprofessional conduct in the practice of pharmacy.
|| Is addicted to or abusing alcohol or
drugs or is impaired physically or mentally to such a degree as to render the
pharmacist unfit to practice pharmacy.
|| Has been convicted of a misdemeanor
related to, or committed in, the practice of pharmacy.
|| Violated, conspired to violate, attempted
to violate, or aided and abetted the violation of any of the provisions of
Chapter 4729. of the Revised Code, sections
3715.72 of the Revised Code,
Chapter 2925., 3796., 3719. or 4752. of the Revised Code, or any rule adopted
by the board under those provisions.
|| Permitted someone other than a pharmacist
or pharmacy intern to practice pharmacy.
|| Knowingly lent the pharmacist's name to
an illegal practitioner of pharmacy or had a professional connection with an
illegal practitioner of pharmacy.
|| 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.
Violated the terms of a consult agreement entered into pursuant to section
4729.39 of the Revised
|| Committed fraud,
misrepresentation, or deception in applying for or securing a license issued by
the board under this chapter or under Chapter 3796., 3715., 3719. or 4752. of
the Revised Code.
|| Failed to
comply with an order of the board or a settlement agreement.
|| Committed an act involving moral
turpitude that constitutes a misdemeanor or felony in this state, regardless of
the jurisdiction in which the act was committed.
|| Violated any state or federal law,
regulation 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 vehicle registration.
|| Has been disciplined by the state board
of pharmacy pursuant to section
4729.16 of the Revised
|| Has been the subject of
any of the following by the drug enforcement administration or licensing agency
of any state or jurisdiction:
disciplinary action that resulted in the suspension, probation, surrender or
revocation of the person's license or registration.
|| A disciplinary action that was based, in
whole or in part, on the person's inappropriate prescribing, dispensing,
diverting, administering, storing, securing, personally furnishing,
compounding, supplying or selling a controlled substance or other dangerous
|| Failed to
conform to prevailing standards of care of similar pharmacists under the same
or similar circumstances, whether or not actual injury to a patient is
|| Has been subject
to any of the following:
|| A finding by a
court of the person's eligibility for intervention in lieu of conviction;
|| A finding by a court of the
person's eligibility for treatment or intervention in lieu of conviction in
|| Has been granted entry into a diversion
program, deferred prosecution program, or the equivalent thereof.
|| Cannot practice according to acceptable
and prevailing standards of care by reason of mental illness or physical
illness, including, but not limited to, physical deterioration that adversely
affects cognitive, motor, or perceptive skills.