Lawriter - OAC - 4729:3-4-01 Disciplinary actions.

4729:3-4-01 Disciplinary actions.

(A) As used in this rule:

(1) "Dishonesty" means any action by a licensee, registrant or applicant to include, but is not limited to, making any statement that deceives, misrepresents or misleads, or be a party to or an accessory to any fraudulent or deceitful practice or transaction in the practice of pharmacy or in the operation or conduct of a pharmacy.

(2) "Unprofessional conduct" means conduct unbecoming of a licensee, registrant or applicant, or conduct 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 include, but not be limited to, the following acts: coercion, intimidation, harassment, sexual harassment, improper use of private health information, threats, degradation of character, indecent or obscene conduct, and theft.

(3) "Act involving moral turpitude" means an act or behavior that gravely violates moral sentiment or accepted moral standards of the community and is a morally culpable quality held to be present in some criminal offenses as distinguished from others.

(B) 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, certified pharmacy technician or applicant for such registration 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.

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

(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) Has been disciplined by the state board of pharmacy pursuant to section 4729.96 of the Revised Code.

(4) Has been the subject of any of the following by the drug enforcement administration or licensing agency of any state or jurisdiction:

(a) A disciplinary action that resulted in the suspension, probation, surrender or revocation of the person's license or registration.

(b) 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 drug.

(5) Has been subject to any of the following:

(a) A finding by a court of the person's eligibility for intervention in lieu of conviction; or

(b) A finding by a court of the person's eligibility for treatment or intervention in lieu of conviction in another jurisdiction.

(6) Has been granted entry into a diversion program, deferred prosecution program, or the equivalent thereof.

(7) 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.

(8) Cannot conduct authorized activities 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.

(9) Engaged in dishonesty or unprofessional conduct.

Effective: 3/1/2019
Five Year Review (FYR) Dates: 11/20/2022
Promulgated Under: 119.03
Statutory Authority: 4729.26, 4729.94
Rule Amplifies: 4729.90, 4729.96, 4729.95, 4729.94 , 4729.93, 4729.921, 4729.92 , 4729.91, 4729.901
Prior Effective Dates: 11/20/2017