What is the Ohio Board of Pharmacy's Duty to Report?

The Ohio Board of Pharmacy's duty to report is the legal requirement for pharmacists to report certain behaviors and events to the Board of Pharmacy. These behaviors include medication errors, circumstances that would impair a pharmacist’s judgment and potential convictions.

Because reports are considered sensitive information, the pharmacists will remain confidential.

Pharmacists are required to report several key things under this statute, including:

• Abuse of drugs, alcohol or chemical substances of any licensed or board-registered pharmacy associate. This includes any impairments that will cause them to be unfit to handle their professional duties.
• Conduct that indicates that the licensee is mentally impaired in a way that would limit their ability to carry out their responsibilities.
• Violations of any law or regulations relating to but not limited to: The Medical Marijuana Control Program, Pharmacy Practice Act, Ohio Controlled Substance and the Pure Food and Drug Law.
• Unprofessional or dishonest conduct that goes against applicable regulations

They are also expected to self-report concerning criminal convictions, felonies and disciplinary actions taken by licensing bodies, including in states other than Ohio.

These reporting requirements apply to more than just pharmacists. They are also to be carried out by pharmacy interns, technicians and pharmacy technician trainees.

Importance of Ohio Board of Pharmacy Duty to Report

The Ohio Board of Pharmacy's duty to report is intended to hold pharmaceutical professionals accountable for situations that may hinder their ability to prescribe or work ethically to the best of their ability.

The Board of Pharmacy is in charge of enforcing laws that govern the practice of Pharmacy in Ohio, and part of that responsibility is being aware of situations that could increase the chances of medication error.

Enforcing the duty to report:

• Helps to mediate the risk of medication and prescription error
• Holds pharmacists accountable for habits that may endanger their profession
• Alerts leadership to convictions that may indicate potential errors in judgment

Because of the emphasis on accountability, failure to report in any of the circumstances outlined in the original Ohio clause can result in disciplinary action, such as license suspension.

Special Requirements of Ohio Board of Pharmacy Duty to Report

There are special requirements that affect pharmacists' duty to report, and in some cases, create gray areas that require clear judgment to assess. 

• Mental Health: Licensed pharmacists that get care for mental health conditions are not required to self-report. Mental health struggles may cause a pharmacist or technician to not be able to perform their duties, so a gray area concerning accountability arises in this scenario.
• Dispensing Errors: Pharmacists are not required to report dispensing or medication errors unless they are the result of reckless behavior or gross negligence and caused harm to a patient. This creates a potential gray area for cases where there is a dispute over what is considered negligent or reckless and in situations where a serious error occurred, but no one was injured and no formal complaints or claims were registered.  
• Pending Approval: Disciplinary action concerning Ohio licensing and registration must be self-reported. This also extends to actions that may be taken against a licensee in another state. These must be reported, even if the disciplinary action is pending approval. This may complicate the status of pharmacists who ultimately do not end up facing a penalty, which is another implication to consider.

How Does the Ohio Board of Pharmacy Duty to Report Affect Medical Malpractice Claims?

Until recent years, the duty to report prescription errors was voluntary. This had the overall consequence of severe underreporting of medication errors, few of which were ever formally addressed or resulted in disciplinary actions.

In 2019, that all changed. Duty to report is now mandatory in Ohio, and the requirements were updated in 2020 to include self-reporting specifics as well.

In a medical malpractice claim, lawyers will evaluate your case to identify potential negligence. On its own, it can be difficult to prove negligence without the help of an experienced medical malpractice attorney, especially if the situation went unreported.

With the additional accountability instituted by the Ohio Board of Pharmacy, those who have been injured or who have loved ones that have died as a result of medication error have a better chance of recovering compensation for their losses.

Thorough Medical Malpractice Lawyers in Ohio

If you or a loved one suffered an injury, illness or treatment failure due to a medication or prescription error, our medical malpractice lawyers are here to help. The Buckeye Law Group employs an experienced team of litigators who are ready to pursue justice for what you’ve been through. It costs nothing to see if we can help. Contact us today by calling 1-800-411-PAIN for a free case evaluation.