Duty to report
|| As used in this rule:
"Error in dispensing" or "prescription error" means an act or
omission of clinical significance relating to the dispensing of a drug. An
error in dispensing may be considered a violation of division (A)(2) of section
3715.52 and section
3715.64 of the Revised
|| Pursuant to
section 4729.10 of the Revised Code, a
pharmacy technician trainee, registered pharmacy technician or certified
pharmacy technician who has knowledge, from direct observation or objective
evidence, of violations described in paragraph (C) of this rule shall report
such conduct to the board.
following shall be reported to the board:
Except as provided in paragraph (C)(1)(a) of this rule, conduct indicating an
individual licensed or registered by the board is addicted to or is suspected
to be abusing alcohol, drugs or other chemical substances or impaired
physically or mentally to such a degree as to render the individual unfit to
carry out their professional duties.
registrant shall not be required to report in accordance with this rule if the
registrant becomes aware of any condition described in paragraph (C)(1) of this
rule as a result of either:
registrant is involved in the treatment of the individual for the condition;
|| The registrant having
access to the individual's protected health information.
|| Except as provided in
paragraph (H) of this rule, violations, attempts to violate, or aiding and abetting in the violation of any of the provisions of
Chapters 4729., 3715., 3719., 2925., and 2913. of
the Revised Code, or any rule adopted by the board under those provisions, by an individual licensed or registered by the
|| Conduct by a pharmacy
technician trainee, registered pharmacy technician, certified pharmacy
technician, pharmacy intern or pharmacist that constitutes unprofessional
conduct or dishonesty as defined in rule
of the Administrative Code.
Pursuant to section 4729.23 of the Revised Code, the
identity of the registrant making a report in accordance with this rule shall
Notwithstanding the confidentiality provided in accordance with paragraph
(D)(1) of this rule, a registrant may be required to testify in a disciplinary
proceeding as to the conduct or violations listed in paragraph (C) of this rule
without disclosing the registrant was the reporting individual.
|| Reporting required in
accordance with paragraph (C) this rule shall be made in writing, either by
mail or using the board's online complaint form (available on the board's web
or by telephone and shall include the following information:
|| The name of the licensee or registrant or
other individual who may have committed a violation listed in paragraph (C) of
|| The violation which
is believed to have occurred; and
|| The date(s) of and place(s) of
occurrence(s), if known.
|| An individual registered pursuant to this
division shall notify the board of any of the following:
|| Any criminal conviction within ten days
after the date of conviction, 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.
|| The registrant is 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 within ten days after the
individual is deemed eligible.
The registrant is granted entry into a diversion program, deferred prosecution
program, or the equivalent thereof within ten days after the individual is
granted entry into a program.
Any arrest for a felony within ten days after the arrest.
|| For a certified pharmacy technician,
failure to maintain a current pharmacy technician certification from an
organization that has been recognized by the board.
|| An individual registered pursuant to this
division shall notify the board of any disciplinary licensing or registration
action taken by another state against the registrant within ten days of the
notice of action. This includes, but is not limited to, a disciplinary action
that is stayed pending appeal.
An error in dispensing shall not be required to be reported pursuant to
paragraph (C) of this rule.
Pursuant to section 4729.10 of the Revised Code, in
the absence of fraud or bad faith, a person who reports in accordance with this
rule or testifies in any adjudication conducted under Chapter 119. of the
Revised Code is not liable to any person for damages in a civil action as a
result of the report or testimony.
Cite as Ohio Admin. Code 4729:3-4-02
Five Year Review (FYR) Dates:
Effective Dates: 11/20/2017, 03/01/2019