Ohio Admin. Code 4729:6-3-02 - Report of theft or significant loss of dangerous drugs, controlled substances, and drug documents
(A) A person licensed in accordance with
section
4729.52
of the Revised Code or this division of the administrative code shall notify
the following upon discovery of the theft or significant loss of any dangerous
drug or controlled substance, including drugs in transit that were either
shipped from or to the licensed location:
(1)
The state board of pharmacy, by telephone or other method determined by the
board, immediately upon discovery of the theft or significant loss;
(2) If a controlled substance, the drug
enforcement administration (DEA) pursuant to
21 C.F.R.
1301.76 (1/21/2016
9/9/2014 );
(3) Law enforcement authorities pursuant to
section
2921.22
of the Revised Code.
(B)
The theft or significant loss of controlled substances by a licensee shall be
reported by using the federal DEA report form regardless if the controlled
substances are subsequently recovered and/or the responsible parties are
identified and action is taken. Information reported in the federal form
regarding such theft or significant loss shall be filed with the state board of
pharmacy, in a manner determined by the board, by the licensee within thirty
days following the discovery of such theft or significant loss.
(1) An exemption may be obtained upon
sufficient cause if the federal form cannot be filed within thirty
days.
(2) A request for a waiver of
the thirty-day limit must be requested in a manner determined by the
board.
(C) The theft or
significant loss of non-controlled dangerous drugs shall be reported by a
licensee to the state board of pharmacy, in a manner determined by the board,
within thirty days following the discovery of such theft or significant loss of
noncontrolled dangerous drugs. The report shall be filed regardless if the
dangerous drugs are subsequently recovered and/or the responsible parties are
identified and action is taken.
(1) An
exemption may be obtained upon sufficient cause if the form cannot be filed
within thirty days.
(2) A request
for a waiver of the thirty-day limit must be requested in a manner determined
by the board.
(D) A
person licensed in accordance with section
4729.52
of the Revised Code or this division of the Administrative Code shall,
immediately upon discovery, notify the state board of pharmacy, in a manner
determined by the board, and law enforcement authorities of any theft or loss
of uncompleted prescription blank(s) used for writing a prescription, written
prescription order(s) not yet dispensed and original prescription order(s) that
have been dispensed.
(E) A person
licensed in accordance with section
4729.52
of the Revised Code or this division of the Administrative Code shall,
immediately upon discovery, notify the state board of pharmacy, in a manner
determined by the board, law enforcement authorities and the drug enforcement
administration (DEA) pursuant to 21 C.F.R. 1305.12
1305.16
(1/21/2016
9/9/2014 ) of the theft or loss of
DEA form 222
any
official written order form(s) as defined in division (Q) of section 3719.01 of
the Revised Code.
Notes
Promulgated Under: 119.03
Statutory Authority: 3719.28, 4729.26
Rule Amplifies: 4729.52, 3719.07
Prior Effective Dates: 04/01/1978, 02/15/1982, 07/01/1990, 02/15/1995, 01/17/1997, 03/01/1999, 01/01/2006, 01/01/2011, 04/28/2016, 03/01/2019
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