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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 4729-2 | Meetings

 
 
 
Rule
Rule 4729-2-01 | Board meetings.
 

(A) In the absence of contrary action by the board, the most current version of Robert's Rules of Order, newly revised, shall apply unless in conflict with Chapter 2925., 3715., 3719., 3796., 4729., or 4752. of the Revised Code or agency 3796 or 4729 of the Administrative Code.

(B) Any board member activity undertaken in accordance with section 4729.03 of the Revised Code will be compensated pursuant to the provisions of division (J) of section 124.15 of the Revised Code.

(C) The board will elect a president and vice-president, for the coming fiscal year, prior to the last board meeting of the present fiscal year, as follows:

(1) Separate elections will be held for president and vice-president, with the election of president occurring first;

(2) Each board member will cast a ballot for the president of his or her choice and the person receiving the greatest number of votes will be elected president;

(3) Each board member will cast a ballot for the vice-president of his or her choice. The person receiving the greatest number of votes will be elected vice-president;

(4) In the event of a tie vote for either office, a run-off election of the tied nominees will be conducted;

(5) No board member may serve successive years in the office of president during a four-year appointment;

(6) The out-going president shall administer the oath of office to the new officers at the final official meeting of the board for the current fiscal year and the new officers shall take office on July first of the new fiscal year.

Last updated April 27, 2021 at 2:57 PM

Supplemental Information

Authorized By: 4729.05
Amplifies: 4729.03
Five Year Review Date: 2/4/2026
Prior Effective Dates: 4/10/2015
Rule 4729-2-02 | Administration.
 

(A) The president will appoint a board member, during the first meeting of each new fiscal year, to be responsible for each of the following board matters:

(1) Citation review and issuance;

(2) Budget/finance;

(3) Continuing education, examination, internship and licensure;

(4) Legislation and external affairs;

(5) Ohio automated Rx reporting system (OARRS);

(6) Physician assistant policy committee, if applicable;

(7) Probation committee; and

(8) Rules review committee.

(B) The board may appoint advisory committees to assist in obtaining information that would enable the board to carry out its responsibilities. An appointment to an advisory committee shall be valid for a period of no longer than one year, unless otherwise approved by the board. In selecting members of an advisory committee, the board will try to select, to the extent practicable, individuals or representatives who may be affected by or be a part of the subject matter being considered. Individuals and groups will be encouraged to submit the names of nominees from which the board may appoint committee members. Such committees shall meet a sufficient number of times to properly perform their functions and report their findings and recommendations to the board.

(C) All employees of the board will comply with all requirements of the Revised Code and all rules and policies adopted by any of the following:

(1) The board;

(2) The executive director; and

(3) A state agency with the authority to adopt and enforce rules and policies applicable to other state agencies and their employees.

(D) All employees of the board are prohibited from soliciting or accepting any gifts of any kind or monetary gratuities from any licensee, agent or employee of a licensee that will in any way compromise or appear to compromise an employee's performance as an employee of the board.

(E) Employees may be authorized to work remotely at the discretion of the executive director if such work is documented, in accordance with policies adopted by the executive director, as to date, time and place of work.

(F) Expense report and payroll forms of the executive director will be approved and signed by the president or the president's designee, as authorized in writing.

(G) The board specifically authorizes the following professional memberships:

(1) Agency membership in the "National Association of Boards of Pharmacy" and the "National Association of State Controlled Substance Authorities";

(2) Executive director membership in the appropriate organizations as approved by the board;

(3) Compliance and enforcement staff membership in the "American Society of Health-system Pharmacists" and "American Pharmacists Association," upon approval of the executive director;

(4) Compliance and enforcement staff membership in the "Narcotics Association of Regional Coordinating Officers of Ohio," the "National Association of Drug Diversion Investigators," and the "Ohio Task Force Commanders Association," upon approval of the executive director.

(5) No employee will hold office or serve as a voting member on committees of any professional organizations without prior approval of the executive director.

(6) This specific authorization shall not serve as a limitation to memberships. Other professional memberships may be approved by the executive director.

(H) The board authorizes the executive director to:

(1) Sign any forms, contracts or documents necessary for the administration of the board;

(2) Certify as true and complete any record needed in connection with court proceedings or otherwise;

(3) Expend such board funds as are budgeted and appropriated for agency support;

(4) Issue such opinions or interpretations of board policies, rules or laws as are required in the interest of the public or profession;

(5) Delegate such administrative responsibility and authority as will contribute to the efficient management of the state board of pharmacy;

(6) Apply for funding opportunities to further the mission of the board.

(I) The executive director or the director's designee may issue the following routine authorizations, licenses, and registrations authorized under Chapters 4729. and 3796. of the Revised Code without prior consultation or approval of the board:

(1) Permission to take an examination to determine a licensure candidate's fitness to practice pharmacy;

(2) All licenses and registrations authorized under Chapter 4729. of the Revised Code;

(3) Documentation necessary to obtain or renew a license or registration issued under Chapter 4729. of the Revised Code;

(4) Renewal of certificates of operation for medical marijuana dispensaries under division 3796:6 of the Administrative Code; and

(5) Patient and caregiver registrations under division 3796:7 of the Administrative Code.

(6) All other activities specifically delegated to the executive director under Chapters 4729. and 3796. of the Revised Code and agency 4729 and agency 3796 of the Administrative Code.

(J)

(1) As used in section 9.78 of the Revised Code, "individual" means a natural person seeking any of the following issued by the board in accordance with Chapter 4729. of the Revised Code and Chapter 3796:6-2 of the Administrative Code:

(a) Licensure as a pharmacist or pharmacy intern;

(b) Registration as a certified pharmacy technician, registered pharmacy technician or pharmacy technician trainee; and

(c) Licensure as a medical marijuana dispensary associated key employee, dispensary key employee or dispensary support employee.

(2) The executive director shall be granted the authority to issue a determination as to whether an individual's criminal conviction disqualifies the individual from obtaining a license or registration issued by the board.

(3) Pursuant to section 9.78 of the Revised Code, the board is not bound by a determination made under this paragraph, if, on further investigation, the board determines that the individual's criminal convictions differ from the information presented in the determination request.

Last updated April 27, 2021 at 2:57 PM

Supplemental Information

Authorized By: 4729.05
Amplifies: 3719.02, 3719.021, 4729.04, 4729.06, 4729.07, 4729.09, 4729.11, 4729.52, 4729.54, 4729.59, 3796.02
Five Year Review Date: 4/10/2020
Prior Effective Dates: 10/7/2016
Rule 4729-2-03 | Notice of meetings and hearings.
 
This is an Internal Management (IM) rule governing the day-to-day staff procedures and operations within an agency.

(A) Notice of meetings.

Any person may obtain the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings of the state board of pharmacy, as required by division (F) of section 121.22 of the Revised Code, by:

(1) Calling the telephone number of the state board of pharmacy between the normal business hours, Monday through Friday, state holidays excepted.

(2) Consulting the official record of all board of pharmacy regularly scheduled and special meetings located at office of the state board of pharmacy.

(3) Viewing the state board of pharmacy's website.

(4) Requesting the information to be sent by the state board of pharmacy by e-mail.

(B) Public notice of hearing to consider proposed rule changes.

(1) Reasonable public notice, as required by section 119.03 of the Revised Code, shall be given at least thirty days prior to the date set for the public hearing as follows:

(a) By placing such notice in the register of Ohio.

(b) By e-mailing, one time, to all subscribers on the board's sunshine notice mailing list.

(c) By e-mailing, one time, to all persons who have requested the board to provide notification of any proposed rule changes.

(d) By placing such notice on the board's website and remaining there until the public hearing record is closed.

(2) The board shall furnish the full text of the proposed rules as follows:

(a) By mailing to any person who requests such in writing and who pays the cost of copying and mailing.

(b) By e-mailing to any person upon request.

(c) By posting directly on the board's website or posting a link to the registrar of Ohios website and remaining there until the public hearing record is closed.

Supplemental Information

Authorized By: 121.22
Amplifies: 121.22
Five Year Review Date:
Rule 4729-2-04 | Public records.
 
This is an Internal Management (IM) rule governing the day-to-day staff procedures and operations within an agency.

(A) Public records, as defined in section 149.43 of the Revised Code, maintained by the state board of pharmacy, are available for inspection at the board office between normal business hours, Monday through Friday of each week, state holidays excluded.

(B) Copies of public records will be made available at cost pursuant to the following conditions:

(1) A request shall be submitted to the board of pharmacy specifying which records are to be copied, the number of copies, and the date that such copies are needed.

(2) Upon receipt of a request, the board shall determine the cost to provide such copies. The copies will be prepared and provided only when the board has been reimbursed for the cost.

(C) The names and addresses of persons licensed or registered with the board will be provided at cost pursuant to the following conditions.

(1) A request is submitted to the board of pharmacy specifying:

(a) The names and addresses that are to be provided;

(b) The form and format in which the records are to be provided;

(c) The date that the names and addresses are needed.

(2) Upon receipt of a request, the board shall determine the cost to provide the names and addresses. The names and addresses will be prepared and provided only when the board has been reimbursed for the cost.

Supplemental Information

Authorized By: 4729.05
Amplifies: 4729.15
Five Year Review Date: