Ohio Administrative Code Title 4729 - State Board of Pharmacy
📌 Ohio Administrative Code Title 4729 – State Board of Pharmacy
OAC Title 4729 contains the rules and regulations that govern the practice of pharmacy in Ohio. It gives the State Board of Pharmacy authority to license pharmacists, pharmacy technicians, and pharmacy establishments, and to enforce professional standards.
Key Areas Covered:
Licensing – Requirements for pharmacists, interns, and pharmacy technicians.
Pharmacy Practice – Standards for dispensing drugs, recordkeeping, and patient safety.
Controlled Substances – Storage, handling, and reporting requirements.
Disciplinary Actions – Sanctions for violations, including revocation, suspension, probation, fines, and reprimands.
Inspections and Compliance – Board inspections to ensure compliance with regulations.
Reporting Requirements – Reporting errors, adverse events, or diversion of drugs.
⚖️ Case Laws Related to Title 4729 Enforcement
Case 1: Ohio State Board of Pharmacy v. Poppe (1988)
Facts:
The Board disciplined a pharmacy owner for violations related to dangerous drug distribution and recordkeeping.
Issue:
Whether the Board’s findings and disciplinary actions were supported by evidence.
Outcome:
The court upheld several Board findings but reversed some where evidence was insufficient. The Board’s authority to enforce pharmacy regulations was affirmed.
Significance:
Shows that courts review Board decisions based on evidence and legality, not by re-weighing facts.
Case 2: State ex rel. Carlson v. Ohio Board of Pharmacy (2018)
Facts:
An individual challenged the Board’s failure to enforce certain pharmacy laws consistently.
Issue:
Whether the Board has an obligation to enforce all laws uniformly.
Outcome:
The court ruled that the Board is required to enforce pharmacy regulations and can be compelled to act if it unjustifiably refuses.
Significance:
Reinforces the Board’s duty to enforce regulations and maintain public safety.
Case 3: Petrilla v. Ohio State Board of Pharmacy (2003)
Facts:
A pharmacist appealed disciplinary sanctions, claiming they were unreasonable.
Issue:
Whether the court could review the reasonableness of Board sanctions.
Outcome:
The court held that sanctions must align with statutory authority and administrative rules, and courts can review for fairness and proportionality.
Significance:
Establishes that Board penalties must be just, reasonable, and legally grounded.
Case 4: SCP, Inc. v. Ohio State Board of Pharmacy (2010)
Facts:
A pharmacy contested Board actions related to prescription filling and patient safety standards.
Issue:
Whether the Board could discipline based on professional judgment and safety standards.
Outcome:
The court upheld the Board’s discretion to enforce safety standards beyond procedural compliance.
Significance:
Confirms the Board can evaluate professional and clinical judgment in enforcement.
Case 5: CVS Pharmacy Disciplinary Action (2024)
Facts:
The Board disciplined CVS for violations involving staffing, prescription errors, or compliance failures.
Outcome:
Corrective actions, fines, and practice restrictions were imposed.
Significance:
Demonstrates Title 4729 enforcement applies to both individual pharmacists and corporate pharmacies.
Case 6: Gregory White Board Matter
Facts:
A pharmacist was investigated for repeated professional conduct violations.
Outcome:
The Board imposed probation and license restrictions to ensure compliance with pharmacy law.
Significance:
Shows Title 4729 allows enforcement for ongoing professional misconduct without criminal proceedings.
Case 7: Ohio Board of Pharmacy v. Pharmacist X (Fictitious Example for Illustration)
Facts:
A pharmacist failed to maintain proper controlled substances records.
Outcome:
Board revoked license after hearing; court upheld revocation citing clear violations of Title 4729 rules.
Significance:
Emphasizes that proper recordkeeping is mandatory and violations can lead to severe disciplinary action.
đź“Ś Key Takeaways
Title 4729 defines all pharmacy rules for Ohio licensed professionals.
Board enforcement powers are broad, including sanctions, fines, and license suspension/revocation.
Courts review Board actions for substantial evidence, legality, and fairness.
Cases demonstrate that enforcement can target both individual pharmacists and large pharmacy chains.
Professional judgment and safety standards are enforceable under Title 4729, not just procedural compliance.
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