| (A) If a pharmacist, pharmacy intern, or qualified pharmacy | 15 |
|
technician employed by, or working at, a pharmacy possesses | 16 |
|
information reasonably suggesting that an error was made in | 17 |
|
dispensing a dangerous drug to a patient from that pharmacy, the | 18 |
|
pharmacist, intern, or technician shall report the information to | 19 |
|
the state board of pharmacy. The report shall be in writing on a | 20 |
|
form prescribed by the board in rules adopted pursuant to section | 21 |
|
4729.26 of the Revised Code and be submitted to the board not | 22 |
|
later than fourteen days after the individual becomes aware of the | 23 |
|
alleged dispensing error. | 24 |
| (E) A report filed pursuant to division (A) of this section | 38 |
|
is not a public record under section 149.43 of the Revised Code | 39 |
|
and shall not be made available by the board to any person other | 40 |
|
than the individual who filed the report, the individual's | 41 |
|
representative, the attorney general, the prosecuting attorney of | 42 |
|
the county in which the alleged error occurred, or any other | 43 |
|
local, state, or federal law enforcement agency. | 44 |
| (E)(1) Whoever violates section 4729.37, division (C)(2) of
| 60 |
|
section 4729.51, division (J) of section 4729.54, or section
| 61 |
|
4729.61 of the Revised Code is guilty of a felony of the
fifth
| 62 |
|
degree. If the offender previously has been convicted of or
| 63 |
|
pleaded guilty to a violation of this chapter or a violation of
| 64 |
|
Chapter 2925. or 3719. of the Revised Code, that person is guilty
| 65 |
|
of a felony
of the fourth degree.
| 66 |
| (2) If an offender is convicted of or pleads guilty to a
| 67 |
|
violation of section 4729.37, division (C) of section 4729.51,
| 68 |
|
division (J) of section 4729.54, or section 4729.61 of the
Revised
| 69 |
|
Code, if the violation involves the sale, offer to
sell, or
| 70 |
|
possession of a schedule I or II controlled
substance, with the
| 71 |
|
exception of marihuana, and if the court imposing
sentence upon
| 72 |
|
the offender finds that the offender as a result
of the violation
| 73 |
|
is a major drug offender, as defined in section
2929.01 of
the
| 74 |
|
Revised Code, and is guilty of a specification of the type
| 75 |
|
described in
section 2941.1410 of the Revised Code, the court, in
| 76 |
|
lieu of the prison term authorized or required by division (E)(1)
| 77 |
|
of
this section and sections 2929.13 and 2929.14 of the Revised
| 78 |
|
Code and in addition to any other sanction imposed for the offense
| 79 |
|
under sections 2929.11 to 2929.18 of the Revised
Code, shall
| 80 |
|
impose upon the offender, in accordance with division
(D)(3)(a) of
| 81 |
|
section 2929.14 of the Revised
Code, the mandatory prison term
| 82 |
|
specified in that
division and may
impose an additional prison
| 83 |
|
term under division
(D)(3)(b) of that section.
| 84 |
| (3) Notwithstanding any contrary provision of section 3719.21
| 85 |
|
of the Revised Code, the clerk of court shall pay any
fine imposed
| 86 |
|
for a violation of section 4729.37, division (C) of
section
| 87 |
|
4729.51,
division (J) of section 4729.54, or section 4729.61 of
| 88 |
|
the
Revised Code pursuant to division (A)
of section
2929.18 of
| 89 |
|
the Revised Code in accordance with
and subject
to the
| 90 |
|
requirements of division (F) of section 2925.03
of the
Revised
| 91 |
|
Code. The agency that receives the
fine shall use
the fine as
| 92 |
|
specified in division (F) of section 2925.03
of the
Revised Code.
| 93 |
| (I)(1) Whoever violates division (B) of section 4729.42 of
| 109 |
|
the Revised Code is
guilty of unauthorized pharmacy-related drug
| 110 |
|
conduct. Except as
otherwise provided in this section,
| 111 |
|
unauthorized pharmacy-related
drug conduct is a misdemeanor of
| 112 |
|
the second degree. If the offender
previously has been convicted
| 113 |
|
of or pleaded guilty to a violation
of division (B), (C), (D), | 114 |
|
or (E)
of that section, unauthorized
pharmacy-related drug | 115 |
|
conduct is a
misdemeanor of the first degree on a second offense | 116 |
|
and a felony
of the fifth degree on a third or subsequent offense.
| 117 |
| (2) Whoever violates division (C) or (D) of section 4729.42
| 118 |
|
of the Revised Code is
guilty of permitting unauthorized
| 119 |
|
pharmacy-related drug conduct.
Except as otherwise provided in
| 120 |
|
this section, permitting
unauthorized pharmacy-related drug
| 121 |
|
conduct is a misdemeanor of the
second degree. If the offender
| 122 |
|
previously has been convicted of or
pleaded guilty to a violation
| 123 |
|
of division (B), (C), (D), or (E) of that
section, permitting
| 124 |
|
unauthorized pharmacy-related drug conduct is
a misdemeanor of
| 125 |
|
the first degree on a second offense and a felony of the fifth
| 126 |
|
degree on a third or subsequent offense.
| 127 |
| (3) Whoever violates division (E) of section 4749.02 of the | 128 |
|
Revised Code is guilty of the offense of falsification under | 129 |
|
section 2921.13 of the Revised Code. In addition to any other | 130 |
|
sanction imposed for the violation, the offender is forever | 131 |
|
disqualified from engaging in any activity specified in division | 132 |
|
(B)(1), (2), or (3) of section 4749.02 of the Revised Code and | 133 |
|
from performing any function as a health care professional or | 134 |
|
health care worker. As used in this division, "health care | 135 |
|
professional" and "health care worker" have the same meanings as | 136 |
|
in section 2305.234 of the Revised Code. | 137 |
| (4) Notwithstanding any contrary
provision of section
| 138 |
|
3719.21 of the Revised Code or any other
provision of law that
| 139 |
|
governs the distribution of fines, the clerk
of the court shall
| 140 |
|
pay any fine imposed pursuant to division (I)(1), (2), or (3)
of | 141 |
|
this
section
to the state board of pharmacy if the board has | 142 |
|
adopted a
written
internal control policy under division (F)(2) | 143 |
|
of section
2925.03
of the Revised Code that addresses fine | 144 |
|
moneys that it
receives
under Chapter 2925. of the Revised Code | 145 |
|
and if the
policy also
addresses fine moneys paid under this | 146 |
|
division. The
state board of
pharmacy shall use the fines so | 147 |
|
paid in accordance
with the
written internal control policy to | 148 |
|
subsidize the board's
law
enforcement efforts that pertain to | 149 |
|
drug offenses. | 150 |