||The holder of a category III terminal distributor of
dangerous drugs license with an office-based opioid treatment classification
shall be in control of a clinic that is owned and operated solely by one or
more physicians authorized under Chapter 4731. of the Revised Code to practice
medicine and surgery or osteopathic medicine and surgery.
||A waiver of the
requirement in paragraph (A) of this rule may be granted by the board upon
request of an applicant.
||A waiver request shall be included as part of the
clinic's initial licensure application for a terminal distributor of dangerous
drugs license with an office-based opioid treatment classification. The request
shall include all information, as deemed necessary by the board, to determine
if it is in the public interest to issue a license to a clinic that does not
meet the requirement in paragraph (A) of this rule. The board reserves the
right to request additional information from the applicant and conduct an
inspection of the clinic pursuant to rule
of the Administrative Code prior to rendering its decision.
||If the board
approves a waiver, the clinic shall retain the waiver unless there is a change
of ownership. Upon any change of ownership, the clinic shall submit a new
application pursuant to rule
of the Administrative Code.
whose waiver is denied by the board will be provided with a written explanation
of the denial and allowed one opportunity to resubmit its request to address
the identified concerns. The resubmission of the request shall occur within
sixty days of receiving the board's written explanation or the application will
be deemed abandoned.
||In determining whether to grant a waiver request, the
board shall consider, at a minimum, all the following:
||The results of
criminal records checks conducted in accordance with rule
of the Administrative Code;
||The results of a
pre-inspection authorized in accordance with rule
of the Administrative Code:
||A review of any
past disciplinary actions taken against any owner that are based, in whole or
in part, on the owner's inappropriate prescribing, personally furnishing,
diverting, administering, storing, compounding, supplying or selling a
controlled substance or other dangerous drug; and
||Commission of an
act by any owner that constitutes a misdemeanor or felony in this state,
regardless of the jurisdiction in which the act was committed.
Cite as Ohio Admin. Code
Five Year Review (FYR) Dates:
Effective Dates: 05/12/2017