(A) As used in this rule:
"Error in dispensing" or "prescription error" means an act or
omission of clinical significance relating to the dispensing of a drug. An
error in dispensing may be considered a violation of division (A)(2) of section
3715.52 and section
3715.64 of the Revised
Code.
(B) Pursuant to
section 4729.10 of the Revised Code, a
pharmacy technician trainee, registered pharmacy technician or certified
pharmacy technician who has knowledge, from direct observation or objective
evidence, of violations described in paragraph (C) of this rule shall report
such conduct to the board.
(C) The
following shall be reported to the board:
(1)
Except as provided in paragraph (C)(1)(a) of this rule, conduct indicating an
individual licensed or registered by the board is addicted to or is suspected
to be abusing 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
registrant shall not be required to report in accordance with this rule if the
registrant becomes aware of any condition described in paragraph (C)(1) of this
rule as a result of either:
(i) The
registrant is involved in the treatment of the individual for the condition;
or
(ii) The registrant having
access to the individual's protected health information.
(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., 3715.,
3719., 2925., and 2913. of the Revised Code, or any rule adopted by the board
under those provisions, by an individual 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
4729:3-4-01 of the
Administrative Code.
(D)
(1) Pursuant to section
4729.23 of the Revised Code, the
identity of the registrant 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 registrant 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 registrant was the reporting individual.
(E) Reporting required in
accordance with paragraph (C) this rule shall be made in writing, either by
mail or 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 or 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) An individual registered pursuant to this
division 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.
(1) Any criminal conviction within
ten days after the date of conviction, except for minor traffic violations such
as parking violations, speeding tickets and violations such as failure to obey
a red light, failure to use a turn signal or expired
registration.
(2)
The registrant 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 registrant 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.
(5) For a certified pharmacy technician,
failure to maintain a current pharmacy technician certification from an
organization that has been recognized by the board.
(G) An individual registered pursuant to this
division shall notify the board of any disciplinary licensing or registration
action taken by another state against the registrant within ten days of the
notice of action. This includes, but is not limited to, a disciplinary action
that is stayed pending appeal.
(H)
An error in dispensing shall not be required to be reported pursuant to
paragraph (C) of this rule.
(I)
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.
Notes
Ohio Admin. Code
4729:3-4-02
Effective:
4/25/2022
Five Year Review (FYR) Dates:
1/12/2022 and
04/25/2027
Promulgated
Under: 119.03
Statutory
Authority: 4729.26,
4729.94,
4729.10,
9.79
Rule Amplifies:
4729.90,
4729.96,
4729.95,
4729.94,
4729.93,
4729.921,
4729.92,
4729.91,
4729.901
Prior
Effective Dates: 11/20/2017, 03/01/2019,
12/27/2019