Section 338.3145. Employees; disqualification.

(1) The following individuals shall not  be  employed  or otherwise utilized, with or without compensation, by a person who is licensed by  the administrator pursuant to section 7303, 17711, or 17748 of the act in any manner or capacity  that  allows   the   individuals access to  controlled substances:

(a)      An individual who the licensee knows, or should reasonably know, to be a substance abuser  as  defined   in  section  6107  of   the    act.   This subdivision   does not apply to a licensee enrolled in   the   health professional recovery program under a current monitoring agreement.

(b)     An individual whose controlled substance license is suspended, revoked, or denied.

(c)         An individual whose license issued by this state or another state is under suspension or revoked in this state or another state for a violation that involves controlled substances.

(d)    An individual who has been convicted of a crime that involves controlled substances and who is currently under sentence for that conviction.

(2) Delegation pursuant to section 16215 of the act shall not be made by a licensed person  to  a  licensed  or  unlicensed  individual   unless  the delegation is in compliance with this rule.

History: 1979 AC; 1980 AACS; 1992 AACS; 2002 AACS.