(A) All dispensary
associated key employees, key employees and support employees are employees of
a dispensary and shall hold an employee license issued by the state board of
pharmacy. No licensed dispensary shall allow a person to begin work at the
dispensary before receiving an employee license by the state board of pharmacy.
No person with a lapsed
an expired employee license shall work at a
dispensary.
(B) A dispensary
employee license issued by the state board of pharmacy shall authorize the
dispensary employee to work at any dispensary issued a certificate of operation
to the same collective owners. For purposes of this paragraph, "owner" has the
same meaning as defined under rule
3796:6-2-03
of the Administrative Code.
(C)
Every applicant for a dispensary employee
license
All licensed dispensary employees
shall comply with Chapter 3796. of the Revised Code and this division
and be twenty-one years of age or
older.
(D)
It is the responsibility of each
A licensed dispensary employee
to
who changes their
mailing or email address shall notify the state board of pharmacy of
an employee's change in
the new address and/or
change in name with
within thirty
calendar days of the effective date of such
that change.
(E) A licensed dispensary employee
who has a legal change of name shall notify the state
board of pharmacy within thirty calendar days of the effective date of such
change. Such notification of a name change shall be accompanied by one of the
following: shall receive written or electronic
notice ninety days before the expiration of the individual's dispensary
employee license.
(1)
A notarized affidavit;
(2)
A certified copy
of a court record; or
(3)
A certified copy of a marriage
certificate.
(F)
Before dispensing any medical
marijuana,
Licensed dispensary employees
who are permitted
whose responsibilites require obtaining information from the
drug database must register for access as required by the state board of
pharmacy, pursuant to division (A)(15) of section
4729.80
of the Revised Code
.
to obtain information from the drug database and whose
responsibilities require drug database access must:
(1) Complete a request form giving
such information as required by the board of pharmacy;
(2) Submit the completed form to the
board of pharmacy in person, by mail, or by other board approved
means.
(G) Upon
termination of employment or when a dispensary employee otherwise ceases to be
employed with a dispensary, the
employee
identification card issued by the state board of pharmacy shall be immediately
returned to the dispensary. The dispensary shall
:
ensure the return of the
dispensary employee identification card to the state board of pharmacy within
ten business days of the termination or when the dispensary employee otherwise
ceases to be employed by the dispensary.
(1)
Collect the
employee identification card for destruction and disposal by the dispensary.
The dispensary shall ensure the destruction of the dispensary employee
identification card as soon as possible but no more than ten calendar days from
the date of termination or separation.
(2)
Submit a notice
of separation to the board within ten calendar days of the termination or
separation of the dispensary employee in a manner determined by the
board.
(H) All
dispensary employee applicants must consent to be enrolled in the Ohio attorney
general's retained applicant fingerprint database ("Rapback"),
if available for dispensary employees
or other third-party database, as determined by the state
board of pharmacy, that monitors publicly available databases for arrests and
criminal convictions.
(I) A
dispensary shall not employ any person who has been convicted of a felony
relating to controlled substances, or who, at any time, has had a drug
enforcement administration registration or any license or registration from a
licensing agency under Chapter 4776. of the Revised Code, denied, revoked, or
surrendered for cause. "For cause" means surrendering a registration in lieu
of, or as a consequence of, any federal or state administrative, civil, or
criminal action resulting from an investigation of the individual's handling of
controlled substances.
(J) The
reporting by an employee of a concern about compliance with or suspected
violations of any state or federal regulation, including Chapter 3796. of the
Revised Code and this division, shall not constitute independent cause for
revoking or denying an employee license. An applicant who had his or her
employee license revoked or suspended due to his or her employer's revocation
or suspension of a provisional license or certificate of operation shall not be
prohibited from obtaining an employee license authorizing employment by another
medical marijuana entity, if the suspension or revocation of the provisional
license or certificate of operation was a result of the applicant reporting an
incident or violation of any state or federal law, including Chapter 3796. of
the Revised Code and this division.
(K) A dispensary employee shall
report to the state board of pharmacy a conviction of any offense and/or any
arrest or charges pending of a felony or misdemeanor, other than a traffic
violation or disqualifying offense in any jurisdiction, within fourteen
calendar days of the conviction or arrest.
(L) A dispensary employee shall
promptly report, within five calendar days, to the dispensary designated
representative and to the state board of pharmacy:
(1) An arrest and any subsequent
conviction of a disqualifying offense;
(2) Any change in information
provided in a pending application for an employee identification card or
renewal;
(3) Knowledge that an employee
dispensary identification card has been lost or stolen. Such employee shall
submit or cause to be submitted a request for a replacement identification card
and required fee.
