Ohio Admin. Code 4729:1-4-02 - Duty to report

(A) As used in this rule, "error in dispensing" or "dispensing error" has the same meaning as rule 4729:5-3-22 of the Administrative Code.

(B) Pursuant to section 4729.10 of the Revised Code, a pharmacist who has knowledge, from direct observation or objective evidence, of violations described in paragraph (C) of this rule shall report such conduct to the state board of pharmacy.

(C) The following shall be reported to the board no later than ten days from discovery:

(1) Except as provided in paragraphs (C)(1)(a) and (C)(1)(b) of this rule, conduct indicating an individual licensed or registered by the board is practicing pharmacy while physically or mentally impaired by 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.

(a) A pharmacist shall not be required to report in accordance with this rule if the pharmacist becomes aware of any condition described in paragraph (C)(1) of this rule as a result of either:

(i) The pharmacist's treatment of the individual for the condition; or

(ii) The pharmacist having access to the individual's protected health information.

(b) A pharmacist shall not be required to report in accordance with this rule if the individual voluntarily seeks treatment for a mental health condition or substance use disorder and there are no other violations of rule or law.

(2) 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., 4752., 3715., 3719., 3796., 2925., and 2913. of the Revised Code, or any rule adopted by the board under those provisions, by an individual or entity licensed or registered by the board.

(3) 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 4729:1-4-01 of the Administrative Code.

(D)

(1) Pursuant to section 4729.23 of the Revised Code, the identity of the pharmacist making a report in accordance with this rule shall remain confidential.

(2) Notwithstanding the confidentiality provided in accordance with paragraph (D)(1) of this rule, a pharmacist 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 pharmacist was the reporting individual.

(E) Reporting required in accordance with this rule shall be made by mail, using the board's online complaint form (available on the board's web site: www.pharmacy.ohio.gov ), or by telephone and shall include the following information:

(1) The name of the licensee, registrant or other individual who may have committed a violation listed in paragraph (C) of this rule;

(2) The violation which is believed to have occurred; and

(3) The date(s) of and place(s) of occurrence(s), if known.

(F) All reports submitted in accordance with this rule shall protect the confidentiality of patients. The board may request additional information, including patient information, as part of an investigation conducted in accordance with Chapter 4729. of the Revised Code.

(G) A licensed pharmacist shall notify the board of any of the following:

(1) Any criminal conviction for, judicial finding of guilt of, or plea of guilty to a disqualifying offense within ten days after the date of conviction.

(2) The pharmacist 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.

(3) The pharmacist 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.

(4) Any arrest for a felony within ten days after the arrest.

(H) A pharmacist shall notify the board of any disciplinary licensing or registration action taken by another state against the licensee within ten days of the notice action. This includes, but is not limited to, a disciplinary action that is stayed pending appeal.

(I) A dispensing error, as defined in rule 4729:5-3-22 of the Administrative Code, shall only be reported to the board by a pharmacy in accordance with rule 4729:5-4-02 of the Administrative Code.

(J) 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.

Replaces: 4729:1-4-02

Notes

Ohio Admin. Code 4729:1-4-02

Effective: 3/1/2025
Five Year Review (FYR) Dates: 03/01/2030
Promulgated Under: 119.03
Statutory Authority: 4729.10, 4729.26, 3719.28, 9.79
Rule Amplifies: 4729.08, 4729.16
Prior Effective Dates: 12/01/2019, 04/25/2022