Criminal records checks for pain management clinics
||As used in this rule, "physician" means a person
authorized under Chapter 4731. of the Revised Code to practice medicine and
surgery or osteopathic medicine and surgery.
records checks conducted in accordance with this rule shall consist of both an
Ohio bureau of criminal identification and investigation (BCI&I) records
check and a federal bureau of investigations (FBI) records check.
||Pursuant to section
4729.552 of the Revised Code, a
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 BCI&I for a criminal records check. The results of the
criminal records check must be sent directly to the state board of pharmacy
from BCI&I. To be considered valid, the criminal records check must have
been performed within the past twelve months.
||If there is a
change in any of the persons listed in paragraph (C) of this rule, only the new
persons shall submit to a criminal records check as part of the change of
ownership requirements pursuant to rule
of the Administrative Code.
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
||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
||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
records check 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 in the original sealed envelope received from
||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.
Cite as Ohio Admin. Code
Five Year Review (FYR) Dates:
Amplifies: 4729.552 ,
Effective Dates: 10/27/2011, 08/22/2014,