Ohio Administrative Code › Title 3796:6 - Dispensaries › Chapter 3796:6-4 - Enforcement › Section 3796:6-4-03 - Grounds for discipline

Current through all regulations passed and filed through July 1, 2024
(A) The state board of pharmacy, after notice
			 and hearing in accordance with Chapter 119. of the Revised Code, may revoke,
			 suspend, limit, place on probation, or refuse to grant or renew a
			  provisional
			 dispensary license, certificate of operation, or
			 a dispensary employee license, or may impose a monetary penalty or forfeiture
			 if the board finds that the licensee:
(1) Has
			 violated any state or federal law or rule, regardless of jurisdiction in which
			 acts were committed, 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. Acts in accordance
			 with
			 Chapter 3796. of the Revised Code and this division that constitute a violation
			 of federal law shall not be considered as grounds for discipline;
(2) Has committed a crime of moral turpitude,
			 as defined in section
			 4776.10
			 of the Revised Code;
(3) Guilty of
			 dishonesty or unprofessional conduct, as defined in
			 rule
			 3796:6-1-01 of the
			 Administrative Code over the course of his or her dispensary
			 duties;
(4) Is addicted to or
			 abusing alcohol or drugs or impaired physically or mentally to such a degree as
			 to render the employee unfit to operate or work in a dispensary;
(5)
			 Has committed an act that constitutes a misdemeanor or
			 felony that is related to, or committed in, any
			 function related to the operation of a dispensary;
(6) Violated, conspired
			 to violate, attempted to violate, or aided and abetted the violation of any of
			 the provisions of Chapter 2925., 3715., 3719., 3796., or 4729. of the Revised
			 Code, or of any rule adopted by the board under those provisions;
(7)
			 Divided or agreed to divide remuneration made in the course of the cultivation,
			 processing, dispensing, purchase or sale of medical marijuana with any licensed
			 health professional certified to recommend medical marijuana;
(8)
			 Knowingly lent the employee's name to an illegal operator of a medical
			 marijuana cultivating, processing, or dispensing facility or having
			 professional connection with an illegal medical marijuana entity;
(9)
			 Allowed a physician with a certificate to recommend medical marijuana to obtain
			 an ownership or investment interest in or a compensation arrangement with a
			 licensed dispensary;
(10) Allowed a
			 recommending physician to conduct a physical examination or follow up care on
			 dispensary premises;
(11) Allowed medical
			 marijuana to be consumed on licensed dispensary premises or consumed medical
			 marijuana on licensed dispensary premises;
(12) Committed fraud,
			 misrepresentation, or deception in furnishing information to the state board of
			 pharmacy, including in applying for or securing a license, registration, or
			 renewal issued under Chapter 3715., 3719., 3796., or 4729. of the Revised
			 Code;
(13) Failed to comply
			 with an order of the board or a settlement agreement;
(14)
			 Engaged in a pattern of conduct that demonstrates incompetence;
(15)
			 Failed to respond to a written request for information by the state board of
			 pharmacy within thirty days, unless otherwise provided in the written request
			 from the state board of pharmacy;
(16)
									Has a conviction for judicial finding of guilt of, or plea
			 of guilty to a disqualifying offense;
(17) Has a causal
			 connection to a finding by the state board of pharmacy of a substantial
			 discrepancy in a state board of pharmacy audit of medical marijuana;
(18)
			 Has a causal connection to a finding by the state board of pharmacy of a
			 substantial discrepancy in a state board of pharmacy audit of capital or
			 funds;
(19) Has an inability
			 to operate using reasonable judgment, skill or safety due to physical or mental
			 illness or other impairment or disability, including without limitation,
			 deterioration through the aging process or loss of motor skills or mental
			 incompetence;
(20) Has engaged in or
			 permitted the fraudulent use of a dispensary employee identification
			 card;
(21) Tampered with,
			 falsified, altered, modified, or duplicated a dispensary employee
			 identification card;
(22) Failed to report
			 to the state board of pharmacy, within five calendar days of becoming aware,
			 that an employee identification card has been lost, stolen, or
			 destroyed;
(23) Failed to report
			 to the state board of pharmacy, within five calendar days, any arrest, charge,
			 or conviction for a disqualifying offense;
(24) Failed to report
			 to the state board of pharmacy, within five calendar days, any adverse action
			 taken against the employee by any licensing jurisdiction in any state or any
			 territory of the United States or any foreign jurisdiction, any governmental
			 agency, any law enforcement agency or any court;
(25) Failed to notify
			 the state board of pharmacy of a change of address;
(26) Disclosed
			 customer names, personal information or protected health information in
			 violation of any state or federal law;
(27) Dispensed medical
			 marijuana to any person other than a qualified patient or designated caregiver,
			 or when otherwise prohibited under this division;
(28) Is an entity that
			 operated as a dispensary before obtaining a certificate of operation from the
			 state board of pharmacy;
(29) Is subject to any
			 fact or condition which, if it had existed at the time of the original
			 application for the license, would have warranted the denial of the
			 license;
(30) Selling,
			 distributing, transferring in any manner, or giving medical marijuana or
			 medical marijuana products to any unauthorized persons;
(31)
			 Permitted a person without a valid dispensary employee license to be employed
			 by a dispensary;
(32) Failed to assign
			 a designated representative as required under this division;
(33)
			 Failed to hire sufficient personnel or maintained employment of employees who
			 were unqualified in training or experience to properly operate a
			 dispensary;
(34) Engaged in any
			 pattern of activity that causes harm to the community;
(35)
			 Dispensed or allowed to be dispensed, medical marijuana with improper labeling
			 or medical marijuana that did not meet the labeling requirements of this
			 division;
(36) Failed to provide
			 appropriate education to a patient or caregiver in compliance with rule
			 3796:6-3-15
			 of the Administrative Code;
(37) Knowingly
			 provided inaccurate or inappropriate education to a patient or
			 caregiver;
(38) Has ever been
			 denied a license to prescribe, dispense, administer, supply, or sell a
			 controlled substance by the appropriate issuing body of any state or
			 jurisdiction, based, in whole or in part, on the inappropriate prescribing
			 dispensing, administering, supplying or selling a controlled substance or other
			 dangerous drug other than medical marijuana dispensed;
(39)
			 Has held a license issued by the drug enforcement administration or a state
			 licensing agency in any jurisdiction, under which the person may prescribe,
			 dispense, administer, supply or sell a controlled substance, that has ever been
			 restricted, based, in whole or in part, on the person's
			 inappropriate prescribing, dispensing, personally furnishing, diverting,
			 administering, supplying, or selling a controlled substance or other dangerous
			 drug;
(40) Has been subject
			 to disciplinary action by any licensing entity that was based, in whole or in
			 part, on the person's inappropriate prescribing, dispensing,
			 diverting, administering, personally furnishing, diverting, supplying or
			 selling a controlled substance or other dangerous drug;
(41)
			 Canceled a bond and the licensee failed to file a new bond with the state board
			 of pharmacy in the required amount on or before the effective date of
			 cancellation;
(42) Placed or
			 maintained, or caused to be placed or maintained, an unauthorized advertisement
			 of medical marijuana or medical marijuana products; and
(43)
			 Failed to prevent diversion, theft, or loss of medical marijuana or to notify
			 the state board of pharmacy thereof;
(44) Engaged in any
			 other conduct for which the board may impose discipline as set forth in rules
			 adopted under Chapter 3796. of the Revised Code or this division.