Ohio Administrative Code › Title 4729:5 - Dangerous Drugs › Chapter 4729:5-11 - Pain Management Clinics › Section 4729:5-11-02 - Criminal records checks for pain management clinics

Current through all regulations passed and filed through July 1, 2024
(A)
								As used in this rule, "physician" means a person
			 authorized under Chapter 4731. of the Revised Code to practice medicine and
			 surgery or osteopathic medicine and surgery.
(B)
								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.
(C)
								Pursuant to section
			 4729.552 of the Revised Code, a
			 terminal distributor of dangerous drug license with a pain management clinic
			 classification will not be issued until the physician owner(s) or, if
			 incorporated, the physician officers of the pain management 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.
(D)
								If there is a
			 change in any of the persons listed in paragraph (C) of this rule, only the new
			 persons shall submit to a criminal records check as part of the change of
			 ownership requirements pursuant to rule
			 4729:5-2-03
			 of the Administrative Code.
(E)
								Physician
			 owner(s) or physician officers are required to have all employees submit to a
			 BCI&I and FBI criminal records check to ensure that no person has been
			 previously 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.
(1)
									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 criteria.
(2)
									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.
(3)
									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.
(4)
									The criminal 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.