Criminal records checks for office-based opioid treatment
||All criminal 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 4729.553 of the Revised Code, a
terminal distributor of dangerous drug license with an office-based opioid
treatment classification will not be issued until the physician owner(s) or, if
incorporated, the physician officers of the office-based opioid treatment
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 a waiver is
requested pursuant to paragraph (B) of rule
theAdministrative Code, a terminal distributor of dangerous drug license with
an office-based opioid treatment classification will not be issued until the
following submit fingerprints to BCI&I for a criminal records check:
||Based upon the
terminal distributor's business type:
||All partners of a
||The sole proprietor of a sole
||The president, vice president, secretary, treasurer,
and chief executive officer, or any equivalent position of a corporation and,
if a corporation is not publicly traded on a major stock exchange, each
shareholder owning ten percent or more of the voting stock of the corporation;
||The agency director of a government
||The persons listed in paragraph (C)(1) of this rule
shall be a natural person that owns and/or operates the business entity
applying for licensure. In the event the applicant is not owned by a natural
person, each business entity with an ownership interest in the applicant must
be disclosed on the application up to and through the entity that is owned by a
natural person, who shall be subject to a criminal records check in accordance
with this rule.
||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
||If there is a change in any of the persons listed in
paragraphs (B) and (C) of this rule, only the new persons shall submit to a
criminal records check as part of the change of ownership requirements pursuant
of the Administrative Code.
owner(s), physician officers or persons listed in paragraph (C)(1) of this rule
are required to have all employees submit to a BCI&I and FBI criminal
records check to ensure that a person is not employed by the clinic if the
person, within the ten years immediately preceding the date the person applied
for employment, was 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 Code. The
board may waive this requirement if a request is submitted in accordance with
paragraph (F) of this rule.
||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
||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 employee.
||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 BCI&I.
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.
waiver of the employment prohibitions in paragraph (E) of this rule may be
granted by the board upon request of an applicant or current licensee.
||A waiver request
shall be included as part of either:
initial licensure application for a terminal distributor of dangerous drugs
license with an office-based opioid treatment classification;
||The submission of a separate form, approved by the
board, for a currently licensed OBOT clinic.
request shall include all information, as deemed necessary by the board, to
determine if it is in the public interest to waive the employment prohibitions
set forth in paragraph (E) of this rule. The board reserves the right to
request additional information from the applicant or licensee and the employee
prior to rendering its decision.
||If the board
approves a waiver to paragraph (E) of this rule, the clinic shall retain the
waiver until the employee is no longer employed by the clinic or the employment
prohibition in paragraph (E) of this rule no longer applies.
||An applicant or
licensee whose waiver request 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 with sixty days of receiving the board's written
||In determining whether to grant a waiver request, the
board shall consider, at a minimum, all the following:
||The results of
the employee's criminal records check conducted in accordance with this
||A review of any past disciplinary actions taken against
the employee that are based, in whole or in part, on the employee'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 the employee 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