4729:3-4-01 Disciplinary actions.

(A) The state board of pharmacy, after notice and hearing in accordance with Chapter 119. of the Revised Code, may impose one or more of the following sanctions on a pharmacy technician trainee, registered pharmacy technician, or certified pharmacy technician if the board finds the individual engaged in any of the conduct set forth in paragraph (B) of this rule:

(1) Revoke, suspend, restrict, limit, or refuse to grant or renew a registration;

(2) Reprimand or place the holder of the registration on probation;

(3) 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 as specified in section 4729.96 of the Revised Code.

(B) The board may impose the sanctions listed in paragraph (A) of this rule if the board finds a pharmacy technician trainee, registered pharmacy technician, or certified pharmacy technician:

(1) Has engaged in any of the conduct specified in division (A)(2) of section 4729.96 of the Revised Code.

(2) 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.

(3) Convicted of, plead guilty to, is subject to a judicial finding of eligibility for intervention in lieu of conviction in this state under section 2951.041 of the Revised Code or the equivalent thereof in another jurisdiction.

(4) Granted entry into a diversion program, deferred prosecution program, or the equivalent thereof.

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

(6) Committed acts of moral turpitude.

(7) Engaging in dishonesty.

Dishonesty includes, but is not limited to, making any statement intended to deceive, misrepresent or mislead anyone, or be a party to or an accessory to any fraudulent or deceitful practice or transaction in a licensed location or in the operation or conduct of a licensed location.

(8) Engaging in unprofessional conduct.

Unprofessional conduct means conduct unbecoming of a licensee or registrant that is detrimental to the best interests of the public, including conduct that endangers the health, safety or welfare of a patient or client. Such conduct shall be in connection with the duties performed by a licensee or registrant and shall include, but not be limited to, the following acts: coercion, intimidation, harassment, sexual advances, improper use of private health information, threats, degradation of character, indecent or obscene conduct, and theft.

(9) Has been disciplined by any professional licensing board or agency or has surrendered a professional license with discipline pending.

(10) Violated any restrictions placed by the state board of pharmacy on a registration or violated any terms of a board order issued against the registrant.

Effective: 11/20/2017
Five Year Review (FYR) Dates: 11/20/2022
Promulgated Under: 119.03
Statutory Authority: 4729.94, 4729.26
Rule Amplifies: 4729.90, 4729.901, 4729.91, 4729.92, 4729.921, 4729.93, 4729.94, 4729.95, 4729.96