As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                   S. B. No. 66  5            

      1997-1998                                                    6            


                   SENATORS DRAKE-GAETH-HOWARD                     8            


                                                                   10           

                           A   B I L L                                          

             To amend sections 2305.234, 2305.25, 2925.01,         12           

                2925.02, 2925.03, 2925.09, 2925.11, 2925.12,       13           

                2925.14, 2925.23, 2925.50, 3701.33, 3709.161,                   

                3715.01, 3715.03, 3715.52 to 3715.59, 3715.63 to   15           

                3715.66, 3715.69, 3715.70, 3715.71, 3715.73,                    

                3719.01, 3719.05 to 3719.09, 3719.12, 3719.121,    16           

                3719.15, 3719.172, 3719.19, 3719.30, 3719.34 to    17           

                3719.36, 3719.42, 3719.44, 3719.61, 3719.81,                    

                3719.99, 4121.443, 4301.01, 4301.69, 4303.01,      18           

                4303.21, 4303.27, 4303.34, 4729.01, 4729.02,       19           

                4729.03, 4729.06 to 4729.09, 4729.11 to 4729.16,                

                4729.25, 4729.26, 4729.27 to 4729.30, 4729.36,     20           

                4729.37, 4729.38, 4729.381, 4729.51, 4729.54,      21           

                4729.55, 4729.57, 4729.59, 4729.60, 4729.63,                    

                4729.66, 4729.67, 4741.22, and 5739.02, to enact   22           

                section 4729.39, and to repeal sections 4729.021,  23           

                4729.261, and 4729.262 of the Revised Code to      24           

                revise the laws pertaining to drugs and the        25           

                practice of pharmacy.                                           

                                                                                

                                                                                

                                                                                




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        30           

      Section 1.  That sections 2305.234, 2305.25, 2925.01,        32           

2925.02, 2925.03, 2925.09, 2925.11, 2925.12, 2925.14, 2925.23,     33           

2925.50, 3701.33, 3709.161, 3715.01, 3715.03, 3715.52, 3715.53,    34           

                                                          2      

                                                                 
3715.54, 3715.55, 3715.56, 3715.57, 3715.58, 3715.59, 3715.63,     35           

3715.64, 3715.65, 3715.66, 3715.69, 3715.70, 3715.71, 3715.73,     37           

3719.01, 3719.05, 3719.06, 3719.07, 3719.08, 3719.09, 3719.12,     39           

3719.121, 3719.15, 3719.172, 3719.19, 3719.30, 3719.34, 3719.35,   40           

3719.36, 3719.42, 3719.44, 3719.61, 3719.81, 3719.99, 4121.443,    41           

4301.01, 4301.69, 4303.01, 4303.21, 4303.27, 4303.34, 4729.01,                  

4729.02, 4729.03, 4729.06, 4729.07, 4729.08, 4729.09, 4729.11,     42           

4729.12, 4729.13, 4729.14, 4729.15, 4729.16, 4729.25, 4729.26,     44           

4729.27, 4729.28, 4729.29, 4729.30, 4729.36, 4729.37, 4729.38,                  

4729.381, 4729.51, 4729.54, 4729.55, 4729.57, 4729.59, 4729.60,    45           

4729.63, 4729.66, 4729.67, 4741.22, and 5739.02 be amended and     46           

section 4729.39 of the Revised Code be enacted to read as          47           

follows:                                                           48           

      Sec. 2305.234.  (A)  As used in this section:                57           

      (1)  "Chiropractic claim," "medical claim," and "optometric  59           

claim" have the same meanings as in section 2305.11 of the         60           

Revised Code.                                                      61           

      (2)  "Dental claim" has the same meaning as in section       63           

2305.11 of the Revised Code except that it does not include any    64           

claim arising out of a dental operation or any derivative claim    65           

for relief that arises out of a dental operation.                  66           

      (3)  "Governmental health care program" has the same         68           

meaning as in section 4731.65 of the Revised Code.                 70           

      (4)  "Health care professional" means any of the following   72           

who provide medical, dental, or other health-related diagnosis,    74           

care, or treatment:                                                             

      (a)  Physicians authorized under Chapter 4731. of the        76           

Revised Code to practice medicine and surgery or osteopathic       77           

medicine and surgery;                                                           

      (b)  Registered nurses and licensed practical nurses         79           

licensed under Chapter 4723. of the Revised Code;                  80           

      (c)  Physician assistants authorized to practice under       82           

Chapter 4730. of the Revised Code;                                 83           

      (d)  Dentists and dental hygienists licensed under Chapter   85           

                                                          3      

                                                                 
4715. of the Revised Code;                                         86           

      (e)  Physical therapists licensed under Chapter 4755. of     88           

the Revised Code;                                                  89           

      (f)  Chiropractors licensed under Chapter 4734. of the       91           

Revised Code;                                                                   

      (g)  Optometrists licensed under Chapter 4725. of the        93           

Revised Code;                                                                   

      (h)  Podiatrists authorized under Chapter 4731. of the       95           

Revised Code to practice podiatry;                                 96           

      (i)  Dietitians licensed under Chapter 4759. of the Revised  98           

Code;                                                              99           

      (j)  Pharmacists registered LICENSED under Chapter 4729. of  101          

the Revised Code.                                                  102          

      (5)  "Health care worker" means a person other than a        104          

health care professional who provides medical, dental, or other    105          

health-related care or treatment under the direction of a health   106          

care professional with the authority to direct that individual's   107          

activities, including medical technicians, medical assistants,     108          

dental assistants, orderlies, aides, and individuals acting in     109          

similar capacities.                                                             

      (6)  "Indigent and uninsured person" means a person who      111          

meets all of the following requirements:                           112          

      (a)  The person's income is not greater than one hundred     114          

fifty per cent of the current poverty line as defined by the       115          

United States office of management and budget and revised in       116          

accordance with section 673(2) of the "Omnibus Budget              117          

Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as                   

amended.                                                           118          

      (b)  The person is not eligible to receive medical           120          

assistance under Chapter 5111., disability assistance medical      121          

assistance under Chapter 5115. of the Revised Code, or assistance  122          

under any other governmental health care program;                  123          

      (c)  Either of the following applies:                        125          

      (i)  The person is not a policyholder, certificate holder,   128          

                                                          4      

                                                                 
insured, contract holder, subscriber, enrollee, member,                         

beneficiary, or other covered individual under a health insurance  129          

or health care policy, contract, or plan;                          130          

      (ii)  The person is a policyholder, certificate holder,      132          

insured, contract holder, subscriber, enrollee, member,            133          

beneficiary, or other covered individual under a health insurance  134          

or health care policy, contract, or plan, but the insurer,         135          

policy, contract, or plan denies coverage or is the subject of     136          

insolvency or bankruptcy proceedings in any jurisdiction.          137          

      (7)  "Operation" means any procedure that involves cutting   139          

or otherwise infiltrating human tissue by mechanical means,        140          

including surgery, laser surgery, ionizing radiation, therapeutic  141          

ultrasound, or the removal of intraocular foreign bodies.          142          

"Operation" does not include the administration of medication by   143          

injection, unless the injection is administered in conjunction     144          

with a procedure infiltrating human tissue by mechanical means                  

other than the administration of medicine by injection.            145          

      (8)  "Nonprofit shelter or health care facility" means a     148          

charitable nonprofit corporation organized and operated pursuant   149          

to Chapter 1702. of the Revised Code, or any charitable            150          

organization not organized and not operated for profit, that       151          

provides shelter, health care services, or shelter and health      152          

care services to indigent and uninsured persons, except that       153          

"shelter or health care facility" does not include a hospital as   154          

defined in section 3727.01 of the Revised Code, a facility         155          

licensed under Chapter 3721. of the Revised Code, or a medical     156          

facility that is operated for profit.                                           

      (9)  "Tort action" means a civil action for damages for      159          

injury, death, or loss to person or property other than a civil    160          

action for damages for a breach of contract or another agreement   161          

between persons or government entities.                                         

      (10)  "Volunteer" means an individual who provides any       163          

medical, dental, or other health-care related diagnosis, care, or  164          

treatment without the expectation of receiving and without         165          

                                                          5      

                                                                 
receipt of any compensation or other form of remuneration from an  166          

indigent and uninsured person, another person on behalf of an      167          

indigent and uninsured person, any shelter or health care          168          

facility, or any other person or government entity.                             

      (B)(1)  Subject to divisions (E) and (F)(3) of this          170          

section, a health care professional who is a volunteer and         171          

complies with division (B)(2) of this section is not liable in     172          

damages to any person or government entity in a tort or other      173          

civil action, including an action on a medical, dental,                         

chiropractic, optometric, or other health-related claim, for       174          

injury, death, or loss to person or property that allegedly        175          

arises from an action or omission of the volunteer in the          176          

provision at a nonprofit shelter or health care facility to an     177          

indigent and uninsured person of medical, dental, or other                      

health-related diagnosis, care, or treatment, including the        179          

provision of samples of medicine and other medical products,       180          

unless the action or omission constitutes willful or wanton                     

misconduct.                                                        181          

      (2)  To qualify for the immunity described in division       183          

(B)(1) of this section, a health care professional shall do all    185          

of the following prior to providing diagnosis, care, or                         

treatment:                                                                      

      (a)  Determine, in good faith, that the indigent and         187          

uninsured person is mentally capable of giving informed consent    188          

to the provision of the diagnosis, care, or treatment and is not   190          

subject to duress or under undue influence;                                     

      (b)  Inform the person of the provisions of this section;    192          

      (c)  Obtain the informed consent of the person and a         194          

written waiver, signed by the person or by another individual on   196          

behalf of and in the presence of the person, that states that the  197          

person is mentally competent to give informed consent and,                      

without being subject to duress or under undue influence, gives    198          

informed consent to the provision of the diagnosis, care, or       199          

treatment subject to the provisions of this section.               200          

                                                          6      

                                                                 
      (3)  A physician or podiatrist who is not covered by         203          

medical malpractice insurance, but complies with division (B)(2)   204          

of this section, is not required to comply with division (A) of                 

section 4731.143 of the Revised Code.                              205          

      (C)  Subject to divisions (E) and (F)(3) of this section,    207          

health care workers who are volunteers are not liable in damages   208          

to any person or government entity in a tort or other civil        209          

action, including an action upon a medical, dental, chiropractic,  210          

optometric, or other health-related claim, for injury, death, or   211          

loss to person or property that allegedly arises from an action    212          

or omission of the health care worker in the provision at a        213          

nonprofit shelter or health care facility to an indigent and                    

uninsured person of medical, dental, or other health-related       214          

diagnosis, care, or treatment, unless the action or omission       215          

constitutes willful or wanton misconduct.                          216          

      (D)  Subject to divisions (E) and (F)(3) of this section     218          

and section 3701.071 of the Revised Code, a nonprofit shelter or   219          

health care facility associated with a health care professional    220          

described in division (B)(1) of this section or a health care      221          

worker described in division (C) of this section is not liable in  223          

damages to any person or government entity in a tort or other                   

civil action, including an action on a medical, dental,            224          

chiropractic, optometric, or other health-related claim, for       226          

injury, death, or loss to person or property that allegedly        227          

arises from an action or omission of the health care professional  228          

or worker in providing for the shelter or facility medical,                     

dental, or other health-related diagnosis, care, or treatment to   229          

an indigent and uninsured person, unless the action or omission    230          

constitutes willful or wanton misconduct.                          231          

      (E)(1)  Except as provided in division (E)(2) of this        233          

section, the immunities provided by divisions (B), (C), and (D)    235          

of this section are not available to an individual or to a         236          

nonprofit shelter or health care facility if, at the time of an    237          

alleged injury, death, or loss to person or property, the          238          

                                                          7      

                                                                 
individuals involved are providing one of the following:           239          

      (a)  Any medical, dental, or other health-related            241          

diagnosis, care, or treatment pursuant to a community service      243          

work order entered by a court under division (H)(1) or (2) of      244          

section 2951.02 of the Revised Code as a condition of probation    245          

or other suspension of a term of imprisonment.                     246          

      (b)  Performance of an operation.                            248          

      (c)  Delivery of a baby.                                     250          

      (2)  Division (E)(1) of this section does not apply to an    252          

individual who provides, or a nonprofit shelter or health care     253          

facility at which the individual provides, diagnosis, care, or     254          

treatment that is necessary to preserve the life of a person in a  255          

medical emergency.                                                 256          

      (F)(1)  This section does not create a new cause of action   259          

or substantive legal right against a health care professional,                  

health care worker, or nonprofit shelter or health care facility.  261          

      (2)  This section does not affect any immunities from civil  264          

liability or defenses established by another section of the                     

Revised Code or available at common law to which an individual or  266          

a nonprofit shelter or health care facility may be entitled in     267          

connection with the provision of emergency or other diagnosis,     268          

care, or treatment.                                                269          

      (3)  This section does not grant an immunity from tort or    272          

other civil liability to an individual or a nonprofit shelter or                

health care facility for actions that are outside the scope of     273          

authority of health care professionals or health care workers.     274          

      (4)  This section does not affect any legal responsibility   276          

of a health care professional or health care worker to comply      277          

with any applicable law of this state or rule of an agency of      278          

this state.                                                        279          

      (5)  This section does not affect any legal responsibility   282          

of a nonprofit shelter or health care facility to comply with any  283          

applicable law of this state, rule of an agency of this state, or  284          

local code, ordinance, or regulation that pertains to or           285          

                                                          8      

                                                                 
regulates building, housing, air pollution, water pollution,                    

sanitation, health, fire, zoning, or safety.                       286          

      Sec. 2305.25.  (A)  No health care entity and no individual  296          

who is a member of or works on behalf of any of the following                   

boards or committees of a health care entity or of any of the      297          

following corporations shall be liable in damages to any person    298          

for any acts, omissions, decisions, or other conduct within the    299          

scope of the functions of the board, committee, or corporation:    300          

      (1)  A peer review committee of a hospital, a nonprofit      302          

health care corporation which is a member of the hospital or of    303          

which the hospital is a member, or a community mental health       304          

center;                                                            305          

      (2)  A board or committee of a hospital or of a nonprofit    308          

health care corporation which is a member of the hospital or of    309          

which the hospital is a member reviewing professional                           

qualifications or activities of the hospital medical staff or      310          

applicants for admission to the medical staff;                     311          

      (3)  A utilization committee of a state or local society     313          

composed of doctors of medicine or doctors of osteopathic          314          

medicine and surgery or doctors of podiatric medicine;             315          

      (4)  A peer review committee of nursing home providers or    317          

administrators, including a corporation engaged in performing the  319          

functions of a peer review committee of nursing home providers or  320          

administrators, or a corporation engaged in the functions of                    

another type of peer review or professional standards review       321          

committee;                                                         322          

      (5)  A peer review committee, professional standards review  324          

committee, or arbitration committee of a state or local society    325          

composed of doctors of medicine, doctors of osteopathic medicine   326          

and surgery, doctors of dentistry, doctors of optometry, doctors   327          

of podiatric medicine, psychologists, or registered pharmacists;   328          

      (6)  A peer review committee of a health maintenance         330          

organization that has at least a two-thirds majority of member     331          

physicians in active practice and that conducts professional       332          

                                                          9      

                                                                 
credentialing and quality review activities involving the          333          

competence or professional conduct of health care providers,       334          

which conduct adversely affects, or could adversely affect, the    335          

health or welfare of any patient.  For purposes of this division,  336          

"health maintenance organization" includes wholly owned            337          

subsidiaries of a health maintenance organization.                 338          

      (7)  A peer review committee of any insurer authorized       340          

under Title XXXIX of the Revised Code to do the business of        341          

sickness and accident insurance in this state that has at least a  342          

two-thirds majority of physicians in active practice and that      343          

conducts professional credentialing and quality review activities  344          

involving the competence or professional conduct of health care    345          

providers, which conduct adversely affects, or could adversely     346          

affect, the health or welfare of any patient;                      347          

      (8)  A peer review committee of any insurer authorized       349          

under Title XXXIX of the Revised Code to do the business of        350          

sickness and accident insurance in this state that has at least a  351          

two-thirds majority of physicians in active practice and that      352          

conducts professional credentialing and quality review activities  353          

involving the competence or professional conduct of a health care  354          

facility that has contracted with the insurer to provide health    355          

care services to insureds, which conduct adversely affects, or     356          

could adversely affect, the health or welfare of any patient;      357          

      (9)  A quality assurance committee of a state correctional   359          

institution operated by the department of rehabilitation and       361          

correction;                                                                     

      (10)  A quality assurance committee of the central office    363          

of the department of rehabilitation and correction or department   365          

of mental health.;                                                              

      (11)  A peer review committee of an insurer authorized       367          

under Title XXXIX of the Revised Code to do the business of        368          

medical professional liability insurance in this state and that    369          

conducts professional quality review activities involving the      371          

competence or professional conduct of health care providers,       372          

                                                          10     

                                                                 
which conduct adversely affects, or could affect, the health or                 

welfare of any patient;                                            373          

      (12)  A peer review committee of a health care entity.       375          

      (B)(1)  A hospital shall be presumed to not be negligent in  377          

the credentialing of a qualified person if the hospital proves by  378          

a preponderance of the evidence that at the time of the alleged    379          

negligent credentialing of the qualified person it was accredited  380          

by the joint commission on accreditation of health care            381          

HEALTHCARE organizations, the American osteopathic association,    382          

or the national committee for quality assurance.                   383          

      (2)  The presumption that a hospital is not negligent as     385          

provided in division (B)(1) of this section may be rebutted only   386          

by proof, by a preponderance of the evidence, of any of the        387          

following:                                                                      

      (a)  The credentialing and review requirements of the        389          

accrediting organization did not apply to the hospital, the        390          

qualified person, or the type of professional care that is the     391          

basis of the claim against the hospital.                                        

      (b)  The hospital failed to comply with all material         393          

credentialing and review requirements of the accrediting           394          

organization that applied to the qualified person.                 395          

      (c)  The hospital, through its medical staff executive       397          

committee or its governing body and sufficiently in advance to     398          

take appropriate action, knew that a previously competent          399          

qualified person with staff privileges at the hospital had         400          

developed a pattern of incompetence that indicated that the        401          

qualified person's privileges should have been limited prior to    402          

treating the plaintiff at the hospital.                            403          

      (d)  The hospital, through its medical staff executive       405          

committee or its governing body and sufficiently in advance to     406          

take appropriate action, knew that a previously competent          407          

qualified person with staff privileges at the hospital would       408          

provide fraudulent medical treatment but failed to limit the       409          

qualified person's privileges prior to treating the plaintiff at   410          

                                                          11     

                                                                 
the hospital.                                                      411          

      (3)  If the plaintiff fails to rebut the presumption         413          

provided in division (B)(1) of this section, upon the motion of    414          

the hospital, the court shall enter judgment in favor of the       415          

hospital on the claim of negligent credentialing.                               

      (C)  Nothing in this section otherwise shall relieve any     417          

individual or health care entity from liability arising from       418          

treatment of a patient.  Nothing in this section shall be          419          

construed as creating an exception to section 2305.251 of the      420          

Revised Code.                                                                   

      (D)  No person who provides information under this section   422          

without malice and in the reasonable belief that the information   424          

is warranted by the facts known to the person shall be subject to  425          

suit for civil damages as a result of providing the information.   426          

      (E)  For purposes of this section:                           428          

      (1)  "Peer review committee" means a utilization review      430          

committee, quality assurance committee, quality improvement        431          

committee, tissue committee, credentialing committee, or other     432          

committee that conducts professional credentialing and quality     433          

review activities involving the competence or professional         434          

conduct of health care practitioners.                                           

      (2)  "Health care entity" means a government entity, a       436          

for-profit or nonprofit corporation, a limited liability company,  437          

a partnership, a professional corporation, a state or local        438          

society as described in division (A)(3) of this section, or other  439          

health care organization, including, but not limited to, health    440          

care entities described in division (A) of this section, whether   441          

acting on its own behalf or on behalf of or in affiliation with    442          

other health care entities, that conducts, as part of its                       

purpose, professional credentialing or quality review activities   443          

involving the competence or professional conduct of health care    444          

practitioners or providers.                                        445          

      (3)  "Hospital" means either of the following:               447          

      (a)  An institution that has been registered or licensed by  449          

                                                          12     

                                                                 
the Ohio department of health as a hospital;                       450          

      (b)  An entity, other than an insurance company authorized   452          

to do business in this state, that owns, controls, or is           453          

affiliated with an institution that has been registered or         455          

licensed by the Ohio department of health as a hospital.                        

      (4)  "Qualified person" means a member of the medical staff  457          

of a hospital or a person who has professional privileges at a     458          

hospital pursuant to section 3701.351 of the Revised Code.         459          

      (F)  This section shall be considered to be purely remedial  462          

in its operation and shall be applied in a remedial manner in any  463          

civil action in which this section is relevant, whether the civil  464          

action is pending in court or commenced on or after the effective  465          

date of this section, regardless of when the cause of action       466          

accrued and notwithstanding any other section of the Revised Code  468          

or prior rule of law of this state.                                             

      Sec. 2925.01.  As used in this chapter:                      481          

      (A)  "Administer," "controlled substance," "dispense,"       483          

"distribute," "federal drug abuse control laws," "hypodermic,"     484          

"manufacturer," "official written order," "person," "pharmacist,"  486          

"pharmacy," "practitioner," "prescription," "sale," "schedule I,"  487          

"schedule II," "schedule III," "schedule IV," "schedule V," and    488          

"wholesaler" have the same meanings as in section 3719.01 of the   489          

Revised Code.                                                                   

      (B)  "Drug dependent person" and "drug of abuse" have the    491          

same meanings as in section 3719.011 of the Revised Code.          492          

      (C)  "Drug," "dangerous drug," and "Federal Food, Drug, and  494          

Cosmetic Act LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE  495          

DRUGS," AND "PRESCRIPTION" have the same meanings as in section    496          

4729.02 of the Revised Code.                                       498          

      (D)  "Bulk amount" of a controlled substance means any of    500          

the following:                                                     501          

      (1)  For any compound, mixture, preparation, or substance    503          

included in schedule I, schedule II, or schedule III, with the     505          

exception of marihuana, cocaine, L.S.D., heroin, and hashish and                

                                                          13     

                                                                 
except as provided in division (D)(2) or (5) of this section,      507          

whichever of the following is applicable:                                       

      (a)  An amount equal to or exceeding ten grams or            509          

twenty-five unit doses of a compound, mixture, preparation, or     510          

substance that is or contains any amount of a schedule I opiate    511          

or opium derivative;                                               512          

      (b)  An amount equal to or exceeding ten grams of a          515          

compound, mixture, preparation, or substance that is or contains   516          

any amount of raw or gum opium;                                    517          

      (c)  An amount equal to or exceeding thirty grams or ten     520          

unit doses of a compound, mixture, preparation, or substance that  521          

is or contains any amount of a schedule I hallucinogen other than  522          

tetrahydrocannabinol or lysergic acid amide, or a schedule I       525          

stimulant or depressant;                                           526          

      (d)  An amount equal to or exceeding twenty grams or five    529          

times the maximum daily dose in the usual dose range specified in  530          

a standard pharmaceutical reference manual of a compound,          531          

mixture, preparation, or substance that is or contains any amount  532          

of a schedule II opiate or opium derivative;                       533          

      (e)  An amount equal to or exceeding five grams or ten unit  535          

doses of a compound, mixture, preparation, or substance that is    536          

or contains any amount of phencyclidine;                           537          

      (f)  An amount equal to or exceeding one hundred twenty      539          

grams or thirty times the maximum daily dose in the usual dose     540          

range specified in a standard pharmaceutical reference manual of   541          

a compound, mixture, preparation, or substance that is or          542          

contains any amount of a schedule II stimulant that is in a final  543          

dosage form manufactured by a person authorized by the "Federal    544          

Food, Drug, and Cosmetic Act," 52 STAT. 1040 (1938), 21 U.S.C.A.   546          

301, AS AMENDED, and the federal drug abuse control laws, AS       547          

DEFINED IN SECTION 3719.01 OF THE REVISED CODE, that is or                      

contains any amount of a schedule II depressant substance or a     549          

schedule II hallucinogenic substance;                                           

      (g)  An amount equal to or exceeding three grams of a        552          

                                                          14     

                                                                 
compound, mixture, preparation, or substance that is or contains   553          

any amount of a schedule II stimulant, or any of its salts or      554          

isomers, that is not in a final dosage form manufactured by a      555          

person authorized by the Federal Food, Drug, and Cosmetic Act and  556          

the federal drug abuse control laws.                               557          

      (2)  An amount equal to or exceeding one hundred twenty      560          

grams or thirty times the maximum daily dose in the usual dose     561          

range specified in a standard pharmaceutical reference manual of   563          

a compound, mixture, preparation, or substance that is or          565          

contains any amount of a schedule III or IV substance other than   567          

an anabolic steroid or a schedule III opiate or opium derivative;  568          

      (3)  An amount equal to or exceeding twenty grams or five    570          

times the maximum daily dose in the usual dose range specified in  571          

a standard pharmaceutical reference manual of a compound,          572          

mixture, specification PREPARATION, or substance that is or        574          

contains any amount of a schedule III opiate or opium derivative;               

      (4)  An amount equal to or exceeding two hundred fifty       576          

milliliters or two hundred fifty grams of a compound, mixture,     577          

preparation, or substance that is or contains any amount of a      578          

schedule V substance;                                              579          

      (5)  An amount equal to or exceeding two hundred solid       582          

dosage units, sixteen grams, or sixteen milliliters of a           583          

compound, mixture, preparation, or substance that is or contains   584          

any amount of a schedule III anabolic steroid.                     585          

      (E)  "Unit dose" means an amount or unit of a compound,      587          

mixture, or preparation containing a controlled substance that is  588          

separately identifiable and is in a form indicating that           589          

indicates that it is the amount or unit by which the controlled    591          

substance is separately administered to or taken by an             592          

individual.                                                        593          

      (F)  "Cultivate" includes planting, watering, fertilizing,   595          

or tilling.                                                        596          

      (G)  "Drug abuse offense" means any of the following:        598          

      (1)  A violation of division (A) of section 2913.02 that     600          

                                                          15     

                                                                 
constitutes theft of drugs, or a violation of section 2925.02,     601          

2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13,     602          

2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the     604          

Revised Code;                                                                   

      (2)  A violation of an existing or former law of this or     606          

any other state or of the United States that is substantially      607          

equivalent to any section listed in division (G)(1) of this        608          

section;                                                           609          

      (3)  An offense under an existing or former law of this or   611          

any other state, or of the United States, of which planting,       612          

cultivating, harvesting, processing, making, manufacturing,        613          

producing, shipping, transporting, delivering, acquiring,          614          

possessing, storing, distributing, dispensing, selling, inducing   615          

another to use, administering to another, using, or otherwise      616          

dealing with a controlled substance is an element;                 617          

      (4)  A conspiracy to commit, attempt to commit, or           619          

complicity in committing or attempting to commit any offense       620          

under division (G)(1), (2), or (3) of this section.                621          

      (H)  "Felony drug abuse offense" means any drug abuse        623          

offense that would constitute a felony under the laws of this      624          

state, any other state, or the United States.                      625          

      (I)  "Harmful intoxicant" does not include beer or           627          

intoxicating liquor but means any compound, mixture, preparation,  629          

or substance the gas, fumes, or vapor of which when inhaled can    630          

induce intoxication, excitement, giddiness, irrational behavior,   631          

depression, stupefaction, paralysis, unconsciousness,              632          

asphyxiation, or other harmful physiological effects, and          633          

includes, but is not limited to, any of the following:             634          

      (1)  Any volatile organic solvent, plastic cement, model     636          

cement, fingernail polish remover, lacquer thinner, cleaning       637          

fluid, gasoline, or other preparation containing a volatile        638          

organic solvent;                                                   639          

      (2)  Any aerosol propellant;                                 641          

      (3)  Any fluorocarbon refrigerant;                           643          

                                                          16     

                                                                 
      (4)  Any anesthetic gas.                                     645          

      (J)  "Manufacture" means to plant, cultivate, harvest,       647          

process, make, prepare, or otherwise engage in any part of the     648          

production of a drug, by propagation, extraction, chemical         649          

synthesis, or compounding, or any combination of the same, and     650          

includes packaging, repackaging, labeling, and other activities    651          

incident to production.                                            652          

      (K)  "Possess" or "possession" means having control over a   654          

thing or substance, but may not be inferred solely from mere       655          

access to the thing or substance through ownership or occupation   656          

of the premises upon which the thing or substance is found.        657          

      (L)  "Sample drug" means a drug or pharmaceutical            659          

preparation that would be hazardous to health or safety if used    660          

without the supervision of a practitioner LICENSED HEALTH          661          

PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, or a drug of abuse,    662          

and that, at one time, had been placed in a container plainly      663          

marked as a sample by a manufacturer.                              664          

      (M)  "Standard pharmaceutical reference manual" means the    666          

current edition, with cumulative changes if any, of any of the     667          

following reference works:                                         668          

      (1)  "The National Formulary";                               670          

      (2)  "The United States Pharmacopeia," prepared by           672          

authority of the United States Pharmacopeial Convention, Inc.;     673          

      (3)  Other standard references that are approved by the      675          

state board of pharmacy.                                           676          

      (N)  "Juvenile" means a person under eighteen years of age.  678          

      (O)  "Counterfeit controlled substance" means any of the     680          

following:                                                         681          

      (1)  Any drug that bears, or whose container or label        683          

bears, a trademark, trade name, or other identifying mark used     684          

without authorization of the owner of rights to that trademark,    685          

trade name, or identifying mark;                                   686          

      (2)  Any unmarked or unlabeled substance that is             688          

represented to be a controlled substance manufactured, processed,  689          

                                                          17     

                                                                 
packed, or distributed by a person other than the person that      690          

manufactured, processed, packed, or distributed it;                691          

      (3)  Any substance that is represented to be a controlled    693          

substance but is not a controlled substance or is a different      694          

controlled substance;                                              695          

      (4)  Any substance other than a controlled substance that a  697          

reasonable person would believe to be a controlled substance       698          

because of its similarity in shape, size, and color, or its        699          

markings, labeling, packaging, distribution, or the price for      700          

which it is sold or offered for sale.                              701          

      (P)  An offense is "committed in the vicinity of a school"   703          

if the offender commits the offense on school premises, in a       704          

school building, or within one thousand feet of the boundaries of  705          

any school premises.                                                            

      (Q)  "School" means any school operated by a board of        707          

education or any school for which the state board of education     708          

prescribes minimum standards under section 3301.07 of the Revised  709          

Code, whether or not any instruction, extracurricular activities,  710          

or training provided by the school is being conducted at the time  711          

a criminal offense is committed.                                   712          

      (R)  "School premises" means either of the following:        714          

      (1)  The parcel of real property on which any school is      716          

situated, whether or not any instruction, extracurricular          717          

activities, or training provided by the school is being conducted  718          

on the premises at the time a criminal offense is committed;       719          

      (2)  Any other parcel of real property that is owned or      721          

leased by a board of education of a school or the governing body   722          

of a school for which the state board of education prescribes      723          

minimum standards under section 3301.07 of the Revised Code and    724          

on which some of the instruction, extracurricular activities, or   725          

training of the school is conducted, whether or not any            726          

instruction, extracurricular activities, or training provided by   727          

the school is being conducted on the parcel of real property at    728          

the time a criminal offense is committed.                          729          

                                                          18     

                                                                 
      (S)  "School building" means any building in which any of    731          

the instruction, extracurricular activities, or training provided  732          

by a school is conducted, whether or not any instruction,          733          

extracurricular activities, or training provided by the school is  734          

being conducted in the school building at the time a criminal      735          

offense is committed.                                              736          

      (T)  "Disciplinary counsel" means the disciplinary counsel   738          

appointed by the board of commissioners on grievances and          739          

discipline of the supreme court under the Rules for the            740          

Government of the Bar of Ohio.                                     741          

      (U)  "Certified grievance committee" means a duly            743          

constituted and organized committee of the Ohio state bar          744          

association or of one or more local bar associations of the state  745          

of Ohio that complies with the criteria set forth in Rule V,       746          

section 6 of the Rules for the Government of the Bar of Ohio.      747          

      (V)  "Professional license" means any license, permit,       749          

certificate, registration, qualification, admission, temporary     750          

license, temporary permit, temporary certificate, or temporary     751          

registration that is described in divisions (W)(1) to (35) of      752          

this section and that qualifies a person as a professionally       753          

licensed person.                                                   754          

      (W)  "Professionally licensed person" means any of the       756          

following:                                                         757          

      (1)  A person who has obtained a license as a manufacturer   759          

of controlled substances or a wholesaler of controlled substances  760          

under Chapter 3719. of the Revised Code;                           761          

      (2)  A person who has received a certificate or temporary    763          

certificate as a certified public accountant or who has            764          

registered as a public accountant under Chapter 4701. of the       765          

Revised Code and who holds a live permit issued under that         766          

chapter;                                                           767          

      (3)  A person who holds a certificate of qualification to    769          

practice architecture issued or renewed and registered under       770          

Chapter 4703. of the Revised Code;                                 771          

                                                          19     

                                                                 
      (4)  A person who is registered as a landscape architect     773          

under Chapter 4703. of the Revised Code or who holds a permit as   774          

a landscape architect issued under that chapter;                   775          

      (5)  A person licensed as an auctioneer or apprentice        777          

auctioneer or licensed to operate an auction company under         778          

Chapter 4707. of the Revised Code;                                 779          

      (6)  A person who has been issued a certificate of           781          

registration as a registered barber under Chapter 4709. of the     782          

Revised Code;                                                      783          

      (7)  A person licensed and regulated to engage in the        785          

business of a debt pooling company by a legislative authority,     786          

under authority of Chapter 4710. of the Revised Code;              787          

      (8)  A person who has been issued a cosmetologist's          789          

license, manicurist's license, esthetician's license, managing     790          

cosmetologist's license, managing manicurist's license, managing   791          

esthetician's license, cosmetology instructor's license,           792          

manicurist instructor's license, esthetician instructor's          793          

license, or tanning facility permit under Chapter 4713. of the     794          

Revised Code;                                                      795          

      (9)  A person who has been issued a license to practice      797          

dentistry, a general anesthesia permit, a conscious intravenous    798          

sedation permit, a limited resident's license, a limited teaching  799          

license, a dental hygienist's license, or a dental hygienist's     800          

teacher's certificate under Chapter 4715. of the Revised Code;     801          

      (10)  A person who has been issued an embalmer's license, a  803          

funeral director's license, or a funeral home license, or who has  804          

been registered for a funeral director's apprenticeship under      805          

Chapter 4717. of the Revised Code;                                 806          

      (11)  A person who has been licensed as a registered nurse   808          

or practical nurse, or who has been issued a certificate for the   809          

practice of nurse-midwifery under Chapter 4723. of the Revised     810          

Code;                                                              811          

      (12)  A person who has been licensed to practice optometry   813          

or to engage in optical dispensing under Chapter 4725. of the      814          

                                                          20     

                                                                 
Revised Code;                                                      815          

      (13)  A person licensed to act as a pawnbroker under         817          

Chapter 4727. of the Revised Code;                                 818          

      (14)  A person licensed to act as a precious metals dealer   820          

under Chapter 4728. of the Revised Code;                           821          

      (15)  A person registered LICENSED as a pharmacist, a        823          

pharmacy PHARMACIST intern, a wholesale distributor of dangerous   825          

drugs, or a terminal distributor of dangerous drugs under Chapter  826          

4729. of the Revised Code;                                         827          

      (16)  A person who is authorized to practice as a physician  829          

assistant under Chapter 4730. of the Revised Code;                 830          

      (17)  A person who has been issued a certificate to          832          

practice medicine and surgery, osteopathic medicine and surgery,   833          

a limited branch of medicine or surgery, or podiatry under         834          

Chapter 4731. of the Revised Code;                                 835          

      (18)  A person licensed as a psychologist or school          837          

psychologist under Chapter 4732. of the Revised Code;              838          

      (19)  A person registered to practice the profession of      840          

engineering or surveying under Chapter 4733. of the Revised Code;  841          

      (20)  A person who has been issued a certificate to          843          

practice chiropractic under Chapter 4734. of the Revised Code;     844          

      (21)  A person licensed to act as a real estate broker,      846          

real estate salesman, limited real estate broker, or limited real  847          

estate salesman under Chapter 4735. of the Revised Code;           848          

      (22)  A person registered as a registered sanitarian under   850          

Chapter 4736. of the Revised Code;                                 851          

      (23)  A person licensed to operate or maintain a junkyard    853          

under Chapter 4737. of the Revised Code;                           854          

      (24)  A person who has been issued a motor vehicle salvage   856          

dealer's license under Chapter 4738. of the Revised Code;          857          

      (25)  A person who has been licensed to act as a steam       859          

engineer under Chapter 4739. of the Revised Code;                  860          

      (26)  A person who has been issued a license or temporary    862          

permit to practice veterinary medicine or any of its branches, or  863          

                                                          21     

                                                                 
who is registered as a graduate animal technician under Chapter    864          

4741. of the Revised Code;                                         865          

      (27)  A person who has been issued a hearing aid dealer's    867          

or fitter's license or trainee permit under Chapter 4747. of the   868          

Revised Code;                                                      869          

      (28)  A person who has been issued a class A, class B, or    871          

class C license or who has been registered as an investigator or   872          

security guard employee under Chapter 4749. of the Revised Code;   873          

      (29)  A person licensed and registered to practice as a      875          

nursing home administrator under Chapter 4751. of the Revised      876          

Code;                                                              877          

      (30)  A person licensed to practice as a speech pathologist  879          

or audiologist under Chapter 4753. of the Revised Code;            880          

      (31)  A person issued a license as an occupational           882          

therapist or physical therapist under Chapter 4755. of the         883          

Revised Code;                                                      884          

      (32)  A person who is licensed as a professional clinical    886          

counselor or professional counselor, licensed as a social worker   887          

or independent social worker, or registered as a social work       888          

assistant under Chapter 4757. of the Revised Code;                 889          

      (33)  A person issued a license to practice dietetics under  891          

Chapter 4759. of the Revised Code;                                 892          

      (34)  A person who has been issued a license or temporary    894          

permit to practice respiratory therapy under Chapter 4761. of the  895          

Revised Code;                                                      896          

      (35)  A person who has been issued a real estate appraiser   898          

certificate under Chapter 4763. of the Revised Code.               899          

      (X)  "Cocaine" means any of the following:                   901          

      (1)  A cocaine salt, isomer, or derivative, a salt of a      903          

cocaine isomer or derivative, or the base form of cocaine;         904          

      (2)  Coca leaves or a salt, compound, derivative, or         906          

preparation of coca leaves, including ecgonine, a salt, isomer,    907          

or derivative of ecgonine, or a salt of an isomer or derivative    908          

of ecgonine;                                                       909          

                                                          22     

                                                                 
      (3)  A salt, compound, derivative, or preparation of a       911          

substance identified in division (X)(1) or (2) of this section     913          

that is chemically equivalent to or identical with any of those    914          

substances, except that the substances shall not include           915          

decocainized coca leaves or extraction of coca leaves if the       916          

extractions do not contain cocaine or ecgonine.                    917          

      (Y)  "L.S.D." means lysergic acid diethylamide.              920          

      (Z)  "Hashish" means the resin or a preparation of the       922          

resin contained in marihuana, whether in solid form or in a        923          

liquid concentrate, liquid extract, or liquid distillate form.     924          

      (AA)  "Marihuana" has the same meaning as in section         926          

3719.01 of the Revised Code, except that it does not include       928          

hashish.                                                                        

      (BB)  An offense is "committed in the vicinity of a          930          

juvenile" if the offender commits the offense within one hundred   932          

feet of a juvenile or within the view of a juvenile, regardless    933          

of whether the offender knows the age of the juvenile, whether     934          

the offender knows the offense is being committed within one       935          

hundred feet of or within view of the juvenile, or whether the     936          

juvenile actually views the commission of the offense.                          

      (CC)  "Presumption for a prison term" or "presumption that   938          

a prison term shall be imposed" means a presumption, as described  939          

in division (D) of section 2929.13 of the Revised Code, that a     940          

prison term is a necessary sanction for a felony in order to       941          

comply with the purposes and principles of sentencing under        942          

section 2929.11 of the Revised Code.                                            

      (DD)  "Major drug offender" has the same meaning as in       944          

section 2929.01 of the Revised Code.                               945          

      (EE)  "Minor drug possession offense" means either of the    947          

following:                                                         948          

      (1)  A violation of section 2925.11 of the Revised Code as   950          

it existed prior to July 1, 1996;                                  951          

      (2)  A violation of section 2925.11 of the Revised Code as   953          

it exists on and after July 1, 1996, this that is a misdemeanor    954          

                                                          23     

                                                                 
or a felony of the fifth degree.                                   955          

      (FF)  "Mandatory prison term" has the same meaning as in     958          

section 2929.01 of the Revised Code.                                            

      (GG)  "Crack cocaine" means a compound, mixture,             960          

preparation, or substance that is or contains any amount of        961          

cocaine that is analytically identified as the base form of        962          

cocaine or that is in a form that resembles rocks or pebbles       963          

generally intended for individual use.                                          

      Sec. 2925.02.  (A)  No person shall knowingly do any of the  972          

following:                                                         973          

      (1)  By force, threat, or deception, administer to another   975          

or induce or cause another to use a controlled substance;          976          

      (2)  By any means, administer or furnish to another or       978          

induce or cause another to use a controlled substance with         979          

purpose to cause serious physical harm to the other person, or     980          

with purpose to cause the other person to become drug dependent;   981          

      (3)  By any means, administer or furnish to another or       983          

induce or cause another to use a controlled substance, and         984          

thereby cause serious physical harm to the other person, or cause  985          

the other person to become drug dependent;                         986          

      (4)  By any means, do any of the following:                  988          

      (a)  Furnish or administer a controlled substance to a       990          

juvenile who is at least two years the offender's junior, when     992          

the offender knows the age of the juvenile or is reckless in that  993          

regard;                                                                         

      (b)  Induce or cause a juvenile who is at least two years    995          

the offender's junior to use a controlled substance, when the      997          

offender knows the age of the juvenile or is reckless in that      998          

regard;                                                                         

      (c)  Induce or cause a juvenile who is at least two years    1,000        

the offender's junior to commit a felony drug abuse offense, when  1,002        

the offender knows the age of the juvenile or is reckless in that  1,003        

regard;                                                            1,004        

      (d)  Use a juvenile, whether or not the offender knows the   1,006        

                                                          24     

                                                                 
age of the juvenile, to perform any surveillance activity that is  1,007        

intended to prevent the detection of the offender or any other     1,008        

person in the commission of a felony drug abuse offense or to      1,009        

prevent the arrest of the offender or any other person for the     1,010        

commission of a felony drug abuse offense.                         1,011        

      (B)  Division (A)(1), (3), or (4) of this section does not   1,013        

apply to manufacturers, wholesalers, practitioners LICENSED        1,014        

HEALTH PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS, pharmacists,   1,015        

owners of pharmacies, and other persons whose conduct is in        1,016        

accordance with Chapters 3719., 4715., 4729., 4731., and 4741. of  1,017        

the Revised Code or section 4723.56 of the Revised Code.           1,018        

      (C)  Whoever violates this section is guilty of corrupting   1,020        

another with drugs.  The penalty for the offense shall be          1,021        

determined as follows:                                             1,022        

      (1)  Except as otherwise provided in this division, if the   1,024        

drug involved is any compound, mixture, preparation, or substance  1,026        

included in schedule I or II, with the exception of marihuana,     1,027        

corrupting another with drugs is a felony of the second degree,    1,028        

and, subject to division (E) of this section, the court shall      1,029        

impose as a mandatory prison term one of the prison terms          1,031        

prescribed for a felony of the second degree.  If the drug                      

involved is any compound, mixture, preparation, or substance       1,032        

included in schedule I or II, with the exception of marihuana,     1,033        

and if the offense was committed in the vicinity of a school,      1,034        

corrupting another with drugs is a felony of the first degree,     1,035        

and, subject to division (E) of this section, the court shall      1,036        

impose as a mandatory prison term one of the prison terms          1,037        

prescribed for a felony of the first degree.                                    

      (2)  Except as otherwise provided in this division, if the   1,039        

drug involved is any compound, mixture, preparation, or substance  1,040        

included in schedule III, IV, or V, corrupting another with drugs  1,041        

is a felony of the second degree, and there is a presumption for   1,042        

a prison term for the offense.  If the drug involved is any        1,043        

compound, mixture, preparation, or substance included in schedule  1,044        

                                                          25     

                                                                 
III, IV, or V and if the offense was committed in the vicinity of  1,045        

a school, corrupting another with drugs is a felony of the second  1,046        

degree, and the court shall impose as a mandatory prison term one  1,047        

of the prison terms prescribed for a felony of the second degree.  1,048        

      (3)  Except as otherwise provided in this division, if the   1,050        

drug involved is marihuana, corrupting another with drugs is a     1,052        

felony of the fourth degree, and division (C) of section 2929.13   1,053        

of the Revised Code applies in determining whether to impose a     1,054        

prison term on the offender.  If the drug involved in IS           1,055        

marihuana and if the offense was committed in the vicinity of a                 

school, corrupting another with drugs is a felony of the third     1,057        

degree, and division (C) of section 2929.13 of the Revised Code    1,058        

applies in determining whether to impose a prison term on the      1,059        

offender.                                                                       

      (D)  In addition to any prison term authorized or required   1,061        

by division (C) or (E) of this section and sections 2929.13 and    1,062        

2929.14 of the Revised Code and in addition to any other sanction  1,063        

imposed for the offense under this section or sections 2929.11 to  1,064        

2929.18 of the Revised Code, the court that sentences an offender  1,066        

who is convicted of or pleads guilty to a violation of division    1,067        

(A) of this section or the clerk of that court shall do all of     1,068        

the following that are applicable regarding the offender:                       

      (1)(a)  If the violation is a felony of the first, second,   1,071        

or third degree, the court shall impose upon the offender the                   

mandatory fine specified for the offense under division (B)(1) of  1,072        

section 2929.18 of the Revised Code unless, as specified in that   1,073        

division, the court determines that the offender is indigent.      1,074        

      (b)  Notwithstanding any contrary provision of section       1,076        

3719.21 of the Revised Code, any mandatory fine imposed pursuant   1,078        

to division (D)(1)(a) of this section and any fine imposed for a   1,079        

violation of this section pursuant to division (A) of section      1,080        

2929.18 of the Revised Code shall be paid by the clerk of the      1,081        

court in accordance with and subject to the requirements of, and   1,082        

shall be used as specified in, division (F) of section 2925.03 of  1,083        

                                                          26     

                                                                 
the Revised Code.                                                               

      (c)  If a person is charged with any violation of this       1,085        

section that is a felony of the first, second, or third degree,    1,087        

posts bail, and forfeits the bail, the forfeited bail shall be                  

paid by the clerk of the court pursuant to division (D)(1)(b) of   1,088        

this section as if it were a fine imposed for a violation of this  1,090        

section.                                                                        

      (2)  The court either shall revoke or, if it does not        1,093        

revoke, shall suspend for not less than six months or more than    1,094        

five years, the driver's or commercial driver's license or permit  1,095        

of any person who is convicted of or pleads guilty to a violation  1,096        

of this section that is a felony of the first degree and shall     1,097        

suspend for not less than six months nor more than five years the  1,098        

driver's or commercial driver's license or permit of any person    1,099        

who is convicted of or pleads guilty to any other violation of     1,100        

this section.  If an offender's driver's or commercial driver's    1,101        

license or permit is revoked pursuant to this division, the        1,102        

offender, at any time after the expiration of two years from the   1,103        

day on which the offender's sentence was imposed or from the day   1,104        

on which the offender finally was released from a prison term      1,105        

under the sentence, whichever is later, may file a motion with     1,106        

the sentencing court requesting termination of the revocation.     1,107        

Upon the filing of the motion and the court's finding of good      1,109        

cause for the termination, the court may terminate the             1,110        

revocation.                                                                     

      (3)  If the offender is a professionally licensed person or  1,112        

a person who has been admitted to the bar by order of the supreme  1,113        

court in compliance with its prescribed and published rules, in    1,114        

addition to any other sanction imposed for a violation of this     1,115        

section, the court forthwith shall comply with section 2925.38 of  1,116        

the Revised Code.                                                  1,117        

      (E)  Notwithstanding the prison term otherwise authorized    1,119        

or required for the offense under division (C) of this section     1,120        

and sections 2929.13 and 2929.14 of the Revised Code, if the       1,121        

                                                          27     

                                                                 
violation of division (A) of this section involves the sale,       1,123        

offer to sell, or possession of a schedule I or II controlled      1,125        

substance, with the exception of marihuana, and if the offender,   1,127        

as a result of the violation, is a major drug offender, the        1,129        

court, in lieu of the prison term that otherwise is authorized or  1,130        

required, shall impose upon the offender the mandatory prison      1,131        

term specified in division (D)(3)(a) of section 2929.14 of the     1,132        

Revised Code and may impose an additional prison term under        1,133        

division (D)(3)(b) of that section.                                1,134        

      Sec. 2925.03.  (A)  No person shall knowingly sell or offer  1,143        

to sell a controlled substance.                                    1,144        

      (B)  This section does not apply to any of the following:    1,146        

      (1)  Manufacturers, practitioners LICENSED HEALTH            1,148        

PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS, pharmacists, owners   1,149        

of pharmacies, and other persons whose conduct is in accordance    1,150        

with Chapters 3719., 4715., 4729., 4731., and 4741. or section     1,153        

4723.56 of the Revised Code.;                                                   

      (2)  If the offense involves an anabolic steroid, any        1,155        

person who is conducting or participating in a research project    1,156        

involving the use of an anabolic steroid if the project has been   1,157        

approved by the United States food and drug administration;        1,158        

      (3)  Any person who sells, offers for sale, prescribes,      1,160        

dispenses, or administers for livestock or other nonhuman species  1,161        

an anabolic steroid that is expressly intended for administration  1,162        

through implants to livestock or other nonhuman species and        1,163        

approved for that purpose under the "Federal Food, Drug, and       1,164        

Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,  1,165        

and is sold, offered for sale, prescribed, dispensed, or           1,166        

administered for that purpose in accordance with that act.         1,167        

      (C)  Whoever violates division (A) of this section is        1,169        

guilty of one of the following:                                    1,170        

      (1)  If the drug involved in the violation is any compound,  1,173        

mixture, preparation, or substance included in schedule I or       1,174        

schedule II, with the exception of marihuana, cocaine, L.S.D.,     1,175        

                                                          28     

                                                                 
heroin, and hashish, whoever violates division (A) of this         1,177        

section is guilty of aggravated trafficking in drugs.  The         1,178        

penalty for the offense shall be determined as follows:            1,179        

      (a)  Except as otherwise provided in division (C)(1)(b),     1,182        

(c), (d), (e), or (f) of this section, aggravated trafficking in   1,183        

drugs is a felony of the fourth degree, and division (C) of        1,185        

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   1,187        

      (b)  Except as otherwise provided in division (C)(1)(c),     1,190        

(d), (e), or (f) of this section, if the offense was committed in  1,191        

the vicinity of a school or in the vicinity of a juvenile,         1,192        

aggravated trafficking in drugs is a felony of the third degree,   1,193        

and division (C) of section 2929.13 of the Revised Code applies                 

in determining whether to impose a prison term on the offender.    1,194        

      (c)  Except as otherwise provided in this division, if the   1,196        

amount of the drug involved exceeds the bulk amount but does not   1,198        

exceed five times the bulk amount, aggravated trafficking in       1,199        

drugs is a felony of the third degree, and the court shall impose  1,200        

as a mandatory prison term one of the prison terms prescribed for  1,201        

a felony of the third degree.  If the amount of the drug involved  1,202        

is within that range and if the offense was committed in the       1,203        

vicinity of a school or in the vicinity of a juvenile, aggravated  1,204        

trafficking in drugs is a felony of the second degree, and the     1,205        

court shall impose as a mandatory prison term one of the prison    1,206        

terms prescribed for a felony of the second degree.                1,207        

      (d)  Except as otherwise provided in this division, if the   1,209        

amount of the drug involved exceeds five times the bulk amount     1,211        

but does not exceed fifty times the bulk amount, aggravated        1,212        

trafficking in drugs is a felony of the second degree, and the                  

court shall impose as a mandatory prison term one of the prison    1,213        

terms prescribed for a felony of the second degree.  If the        1,214        

amount of the drug involved is within that range and if the        1,215        

offense was committed in the vicinity of a school or in the        1,216        

vicinity of a juvenile, aggravated trafficking in drugs is a       1,217        

                                                          29     

                                                                 
felony of the first degree, and the court shall impose as a        1,218        

mandatory prison term one of the prison terms prescribed for a     1,219        

felony of the first degree.                                        1,220        

      (e)  If the amount of the drug involved exceeds fifty times  1,223        

the bulk amount but does not exceed one hundred times the bulk     1,224        

amount and regardless of whether the offense was committed in the  1,225        

vicinity of a school or in the vicinity of a juvenile, aggravated  1,226        

trafficking in drugs is a felony of the first degree, and the      1,227        

court shall impose as a mandatory prison term one of the prison    1,228        

terms prescribed for a felony of the first degree.                 1,229        

      (f)  If the amount of the drug involved exceeds one hundred  1,232        

times the bulk amount and regardless of whether the offense was    1,233        

committed in the vicinity of a school or in the vicinity of a      1,234        

juvenile, aggravated trafficking in drugs is a felony of the       1,235        

first degree, and the court shall impose as a mandatory prison     1,236        

term the maximum prison term prescribed for a felony of the first  1,237        

degree and may impose an additional prison term prescribed for a   1,238        

major drug offender under division (D)(3)(b) of section 2929.14    1,239        

of the Revised Code.                                               1,240        

      (2)  If the drug involved in the violation is any compound,  1,243        

mixture, preparation, or substance included in schedule III, IV,   1,244        

or V, whoever violates division (A) of this section is guilty of   1,245        

trafficking in drugs.  The penalty for the offense shall be        1,246        

determined as follows:                                             1,247        

      (a)  Except as otherwise provided in division (C)(2)(b),     1,250        

(c), (d), or (e) of this section, trafficking in drugs is a        1,252        

felony of the fifth degree, and division (C) of section 2929.13    1,253        

of the Revised Code applies in determining whether to impose a     1,254        

prison term on the offender.                                                    

      (b)  Except as otherwise provided in division (C)(2)(c),     1,257        

(d), or (e) of this section, if the offense was committed in the   1,258        

vicinity of a school or in the vicinity of a juvenile,             1,259        

trafficking in drugs is a felony of the fourth degree, and         1,260        

division (C) of section 2929.13 of the Revised Code applies in     1,261        

                                                          30     

                                                                 
determining whether to impose a prison term on the offender.       1,263        

      (c)  Except as otherwise provided in this division, if the   1,265        

amount of the drug involved exceeds the bulk amount but does not   1,267        

exceed five times the bulk amount, trafficking in drugs is a       1,268        

felony of the fourth degree, and there is a presumption for a      1,269        

prison term for the offense.  If the amount of the drug involved   1,270        

is within that range and if the offense was committed in the       1,271        

vicinity of a school or in the vicinity of a juvenile,             1,272        

trafficking in drugs is a felony of the third degree, and there    1,273        

is a presumption for a prison term for the offense.                1,274        

      (d)  Except as otherwise provided in this division, if the   1,276        

amount of the drug involved exceeds five times the bulk amount     1,278        

but does not exceed fifty times the bulk amount, trafficking in    1,279        

drugs is a felony of the third degree, and there is a presumption  1,280        

for a prison term for the offense.  If the amount of the drug      1,281        

involved is within that range and if the offense was committed in  1,282        

the vicinity of a school or in the vicinity of a juvenile,         1,283        

trafficking in drugs is a felony of the second degree, and there   1,284        

is a presumption for a prison term for the offense.                1,285        

      (e)  Except as otherwise provided in this division, if the   1,287        

amount of the drug involved exceeds fifty times the bulk amount,   1,289        

trafficking in drugs is a felony of the second degree, and the     1,290        

court shall impose as a mandatory prison term one of the prison    1,291        

terms prescribed for a felony of the second degree.  If the        1,292        

amount of the drug involved exceeds fifty times the bulk amount    1,293        

and if the offense was committed in the vicinity of a school or    1,294        

in the vicinity of a juvenile, trafficking in drugs is a felony    1,295        

of the first degree, and the court shall impose as a mandatory     1,296        

prison term one of the prison terms prescribed for a felony of     1,297        

the first degree.                                                  1,298        

      (3)  If the drug involved in the violation is marihuana or   1,300        

a compound, mixture, preparation, or substance containing          1,301        

marihuana other than hashish, whoever violates division (A) of     1,303        

this section is guilty of trafficking in marihuana.  The penalty   1,304        

                                                          31     

                                                                 
for the offense shall be determined as follows:                    1,305        

      (a)  Except as otherwise provided in division (C)(3)(b),     1,308        

(c), (d), (e), (f), or (g) of this section, trafficking in         1,309        

marihuana is a felony of the fifth degree, and division (C) of     1,312        

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   1,313        

      (b)  Except as otherwise provided in division (C)(3)(c),     1,316        

(d), (e), (f), or (g) of this section, if the offense was          1,318        

committed in the vicinity of a school or in the vicinity of a      1,319        

juvenile, trafficking in marihuana is a felony of the fourth       1,320        

degree, and division (C) of section 2929.13 of the Revised Code    1,321        

applies in determining whether to impose a prison term on the      1,322        

offender.                                                                       

      (c)  Except as otherwise provided in this division, if the   1,324        

amount of the drug involved exceeds two hundred grams but does     1,326        

not exceed one thousand grams, trafficking in marihuana is a       1,327        

felony of the fourth degree, and division (C) of section 2929.13   1,328        

of the Revised Code applies in determining whether to impose a     1,330        

prison term on the offender.  If the amount of the drug involved   1,331        

is within that range and if the offense was committed in the       1,332        

vicinity of a school or in the vicinity of a juvenile,                          

trafficking in marihuana is a felony of the third degree, and      1,333        

division (C) of section 2929.13 of the Revised Code applies in     1,334        

determining whether to impose a prison term on the offender.       1,335        

      (d)  Except as otherwise provided in this division, if the   1,337        

amount of the drug involved exceeds one thousand grams but does    1,339        

not exceed five thousand grams, trafficking in marihuana is a      1,340        

felony of the third degree, and division (C) of section 2929.13    1,341        

of the Revised Code applies in determining whether to impose a     1,342        

prison term on the offender.  If the amount of the drug involved   1,343        

is within that range and if the offense was committed in the       1,344        

vicinity of a school or in the vicinity of a juvenile,             1,345        

trafficking in marihuana is a felony of the second degree, and     1,346        

there is a presumption that a prison term shall be imposed for     1,347        

                                                          32     

                                                                 
the offense.                                                                    

      (e)  Except as otherwise provided in this division, if the   1,349        

amount of the drug involved exceeds five thousand grams but does   1,351        

not exceed twenty thousand grams, trafficking in marihuana is a    1,352        

felony of the third degree, and there is a presumption that a      1,353        

prison term shall be imposed for the offense.  If the amount of    1,354        

the drug involved is within that range and if the offense was      1,355        

committed in the vicinity of a school or in the vicinity of a      1,356        

juvenile, trafficking in marihuana is a felony of the second       1,357        

degree, and there is a presumption that a prison term shall be     1,358        

imposed for the offense.                                           1,359        

      (f)  Except as otherwise provided in this division, if the   1,361        

amount of the drug involved exceeds twenty thousand grams,         1,363        

trafficking in marihuana is a felony of the second degree, and     1,364        

the court shall impose as a mandatory prison term the maximum      1,365        

prison term prescribed for a felony of the second degree.  If the  1,366        

amount of the drug involved exceeds twenty thousand grams and if   1,367        

the offense was committed in the vicinity of a school or in the    1,368        

vicinity of a juvenile, trafficking in marihuana is a felony of    1,369        

the first degree, and the court shall impose as a mandatory        1,370        

prison term the maximum prison term prescribed for a felony of     1,371        

the first degree.                                                  1,372        

      (g)  Except as otherwise provided in this division, if the   1,375        

offense involves a gift of twenty grams or less of marihuana,      1,376        

trafficking in marihuana is a minor misdemeanor upon a first       1,377        

offense and a misdemeanor of the third degree upon a subsequent    1,378        

offense.  If the offense involves a gift of twenty grams or less   1,379        

of marihuana and if the offense was committed in the vicinity of   1,380        

a school or in the vicinity of a juvenile, trafficking in          1,381        

marihuana is a misdemeanor of the third degree.                                 

      (4)  If the drug involved in the violation is cocaine or a   1,383        

compound, mixture, preparation, or substance containing cocaine,   1,384        

whoever violates division (A) of this section is guilty of         1,386        

trafficking in cocaine.  The penalty for the offense shall be                   

                                                          33     

                                                                 
determined as follows:                                             1,387        

      (a)  Except as otherwise provided in division (C)(4)(b),     1,390        

(c), (d), (e), (f), or (g) of this section, trafficking in         1,391        

cocaine is a felony of the fifth degree, and division (C) of       1,393        

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   1,395        

      (b)  Except as otherwise provided in division (C)(4)(c),     1,398        

(d), (e), (f), or (g) of this section, if the offense was          1,399        

committed in the vicinity of a school or in the vicinity of a      1,401        

juvenile, trafficking in cocaine is a felony of the fourth         1,402        

degree, and division (C) of section 2929.13 of the Revised Code    1,403        

applies in determining whether to impose a prison term on the      1,405        

offender.                                                                       

      (c)  Except as otherwise provided in this division, if the   1,407        

amount of the drug involved exceeds five grams but does not        1,408        

exceed ten grams of cocaine that is not crack cocaine or exceeds   1,410        

one gram but does not exceed five grams of crack cocaine,          1,412        

trafficking in cocaine is a felony of the fourth degree, and       1,413        

there is a presumption for a prison term for the offense.  If the  1,414        

amount of the drug involved is within one of those ranges and if   1,415        

the offense was committed in the vicinity of a school or in the    1,416        

vicinity of a juvenile, trafficking in cocaine is a felony of the  1,417        

third degree, and there is a presumption for a prison term for     1,418        

the offense.                                                                    

      (d)  Except as otherwise provided in this division, if the   1,420        

amount of the drug involved exceeds ten grams but does not exceed  1,421        

one hundred grams of cocaine that is not crack cocaine or exceeds  1,423        

five grams but does not exceed ten grams of crack cocaine,         1,424        

trafficking in cocaine is a felony of the third degree, and the    1,425        

court shall impose as a mandatory prison term one of the prison    1,426        

terms prescribed for a felony of the third degree.  If the amount  1,427        

of the drug involved is within one of those ranges and if the      1,428        

offense was committed in the vicinity of a school or in the        1,430        

vicinity of a juvenile, trafficking in cocaine is a felony of the  1,433        

                                                          34     

                                                                 
second degree, and the court shall impose as a mandatory prison    1,434        

term one of the prison terms prescribed for a felony of the        1,435        

second degree.                                                                  

      (e)  Except as otherwise provided in this division, if the   1,437        

amount of the drug involved exceeds one hundred grams but does     1,438        

not exceed five hundred grams of cocaine that is not crack         1,439        

cocaine or exceeds ten grams but does not exceed twenty-five       1,441        

grams of crack cocaine, trafficking in cocaine is a felony of the  1,443        

second degree, and the court shall impose as a mandatory prison    1,444        

term one of the prison terms prescribed for a felony of the        1,445        

second degree.  If the amount of the drug involved is within one   1,446        

of those ranges and if the offense was committed in the vicinity   1,447        

of a school or in the vicinity of a juvenile, trafficking in       1,449        

cocaine is a felony of the first degree, and the court shall       1,451        

impose as a mandatory prison term one of the prison terms          1,452        

prescribed for a felony of the first degree.                       1,453        

      (f)  If the amount of the drug involved exceeds five         1,456        

hundred grams but does not exceed one thousand grams of cocaine    1,457        

that is not crack cocaine or exceeds twenty-five grams but does    1,458        

not exceed one hundred grams of crack cocaine and regardless of    1,459        

whether the offense was committed in the vicinity of a school or   1,460        

in the vicinity of a juvenile, trafficking in cocaine is a felony  1,463        

of the first degree, and the court shall impose as a mandatory     1,464        

prison term one of the prison terms prescribed for a felony of     1,465        

the first degree.                                                               

      (g)  If the amount of the drug involved exceeds one          1,468        

thousand grams of cocaine that is not crack cocaine or exceeds     1,469        

one hundred grams of crack cocaine and regardless of whether the   1,471        

offense was committed in the vicinity of a school or in the        1,472        

vicinity of a juvenile, trafficking in cocaine is a felony of the  1,473        

first degree, and the court shall impose as a mandatory prison     1,474        

term the maximum prison term prescribed for a felony of the first  1,475        

degree and may impose an additional mandatory prison term          1,476        

prescribed for a major drug offender under division (D)(3)(b) of   1,478        

                                                          35     

                                                                 
section 2929.14 of the Revised Code.                                            

      (5)  If the drug involved in the violation is L.S.D. or a    1,481        

compound, mixture, preparation, or substance containing L.S.D.,    1,482        

whoever violates division (A) of this section is guilty of         1,483        

trafficking in L.S.D.  The penalty for the offense shall be        1,485        

determined as follows:                                                          

      (a)  Except as otherwise provided in division (C)(5)(b),     1,488        

(c), (d), (e), (f), or (g) of this section, trafficking in L.S.D.  1,490        

is a felony of the fifth degree, and division (C) of section       1,491        

2929.13 of the Revised Code applies in determining whether to      1,493        

impose a prison term on the offender.                                           

      (b)  Except as otherwise provided in division (C)(5)(c),     1,496        

(d), (e), (f), or (g) of this section, if the offense was          1,497        

committed in the vicinity of a school or in the vicinity of a      1,498        

juvenile, trafficking in L.S.D. is a felony of the fourth degree,  1,500        

and division (C) of section 2929.13 of the Revised Code applies                 

in determining whether to impose a prison term on the offender.    1,501        

      (c)  Except as otherwise provided in this division, if the   1,503        

amount of the drug involved exceeds ten unit doses but does not    1,505        

exceed fifty unit doses of L.S.D. in a solid form or exceeds one   1,506        

gram but does not exceed five grams of L.S.D. in a liquid          1,508        

concentrate, liquid extract, or liquid distillate form,            1,510        

trafficking in L.S.D. is a felony of the fourth degree, and there  1,513        

is a presumption for a prison term for the offense.  If the        1,514        

amount of the drug involved is within that range and if the                     

offense was committed in the vicinity of a school or in the        1,515        

vicinity of a juvenile, trafficking in L.S.D. is a felony of the   1,517        

third degree, and there is a presumption for a prison term for     1,518        

the offense.                                                                    

      (d)  Except as otherwise provided in this division, if the   1,520        

amount of the drug involved exceeds fifty unit doses but does not  1,522        

exceed two hundred fifty unit doses of L.S.D. in a solid form or   1,523        

exceeds five grams but does not exceed twenty-five grams of        1,525        

L.S.D. in a liquid concentrate, liquid extract, or liquid          1,527        

                                                          36     

                                                                 
distillate form, trafficking in L.S.D. is a felony of the third    1,530        

degree, and the court shall impose as a mandatory prison term one  1,531        

of the prison terms prescribed for a felony of the third degree.   1,532        

If the amount of the drug involved is within that range and if     1,533        

the offense was committed in the vicinity of a school or in the    1,534        

vicinity of a juvenile, trafficking in L.S.D. is a felony of the   1,536        

second degree, and the court shall impose as a mandatory prison    1,537        

term one of the prison terms prescribed for a felony of the        1,538        

second degree.                                                                  

      (e)  Except as otherwise provided in this division, if the   1,540        

amount of the drug involved exceeds two hundred fifty unit doses   1,542        

but does not exceed one thousand unit doses of L.S.D. in a solid   1,544        

form or exceeds twenty-five grams but does not exceed one hundred  1,546        

grams of L.S.D. in a liquid concentrate, liquid extract, or        1,548        

liquid distillate form, trafficking in L.S.D. is a felony of the   1,550        

second degree, and the court shall impose as a mandatory prison    1,551        

term one of the prison terms prescribed for a felony of the        1,552        

second degree.  If the amount of the drug involved is within that  1,553        

range and if the offense was committed in the vicinity of a        1,554        

school or in the vicinity of a juvenile, trafficking in L.S.D. is  1,556        

a felony of the first degree, and the court shall impose as a      1,557        

mandatory prison term one of the prison terms prescribed for a     1,558        

felony of the first degree.                                                     

      (f)  If the amount of the drug involved exceeds one          1,561        

thousand unit doses but does not exceed five thousand unit doses   1,562        

of L.S.D. in a solid form or exceeds one hundred grams but does    1,565        

not exceed five hundred grams of L.S.D. in a liquid concentrate,   1,567        

liquid extract, or liquid distillate form and regardless of        1,568        

whether the offense was committed in the vicinity of a school or   1,569        

in the vicinity of a juvenile, trafficking in L.S.D. is a felony   1,570        

of the first degree, and the court shall impose as a mandatory     1,571        

prison term one of the prison terms prescribed for a felony of     1,572        

the first degree.                                                  1,573        

      (g)  If the amount of the drug involved exceeds five         1,576        

                                                          37     

                                                                 
thousand unit doses of L.S.D. in a solid form or exceeds five      1,577        

hundred grams of L.S.D. in a liquid concentrate, liquid extract,   1,579        

or liquid distillate form and regardless of whether the offense    1,582        

was committed in the vicinity of a school or in the vicinity of a  1,583        

juvenile, trafficking in L.S.D. is a felony of the first degree,   1,586        

and the court shall impose as a mandatory prison term the maximum  1,587        

prison term prescribed for a felony of the first degree and may    1,588        

impose an additional mandatory prison term prescribed for a major  1,589        

drug offender under division (D)(3)(b) of section 2929.14 of the   1,591        

Revised Code.                                                                   

      (6)  If the drug involved in the violation is heroin or a    1,593        

compound, mixture, preparation, or substance containing heroin,    1,594        

whoever violates division (A) of this section is guilty of         1,596        

trafficking in heroin.  The penalty for the offense shall be                    

determined as follows:                                             1,597        

      (a)  Except as otherwise provided in division (C)(6)(b),     1,600        

(c), (d), (e), (f), or (g) of this section, trafficking in heroin  1,602        

is a felony of the fifth degree, and division (C) of section       1,603        

2929.13 of the Revised Code applies in determining whether to                   

impose a prison term on the offender.                              1,605        

      (b)  Except as otherwise provided in division (C)(6)(c),     1,608        

(d), (e), (f), or (g) of this section, if the offense was          1,609        

committed in the vicinity of a school or in the vicinity of a      1,612        

juvenile, trafficking in heroin is a felony of the fourth degree,  1,613        

and division (C) of section 2929.13 of the Revised Code applies    1,615        

in determining whether to impose a prison term on the offender.                 

      (c)  Except as otherwise provided in this division, if the   1,617        

amount of the drug involved exceeds one gram but does not exceed   1,619        

five grams, trafficking in heroin is a felony of the fourth        1,620        

degree, and there is a presumption for a prison term for the       1,621        

offense.  If the amount of the drug involved is within that range  1,622        

and if the offense was committed in the vicinity of a school or    1,623        

in the vicinity of a juvenile, trafficking in heroin is a felony   1,624        

of the third degree, and there is a presumption for a prison term  1,625        

                                                          38     

                                                                 
for the offense.                                                   1,626        

      (d)  Except as otherwise provided in this division, if the   1,628        

amount of the drug involved exceeds five grams but does not        1,630        

exceed ten grams, trafficking in heroin is a felony of the third   1,631        

degree, and there is a presumption for a prison term for the       1,632        

offense.  If the amount of the drug involved is within that range  1,633        

and if the offense was committed in the vicinity of a school or    1,634        

in the vicinity of a juvenile, trafficking in heroin is a felony   1,635        

of the second degree, and there is a presumption for a prison      1,636        

term for the offense.                                              1,637        

      (e)  Except as otherwise provided in this division, if the   1,639        

amount of the drug involved exceeds ten grams but does not exceed  1,641        

fifty grams, trafficking in heroin is a felony of the second       1,642        

degree, and the court shall impose as a mandatory prison term one  1,643        

of the prison terms prescribed for a felony of the second degree.  1,644        

If the amount of the drug involved is within that range and if     1,645        

the offense was committed in the vicinity of a school or in the    1,646        

vicinity of a juvenile, trafficking in heroin is a felony of the   1,647        

first degree, and the court shall impose as a mandatory prison     1,648        

term one of the prison terms prescribed for a felony of the first  1,649        

degree.                                                            1,650        

      (f)  If the amount of the drug involved exceeds fifty grams  1,653        

but does not exceed two hundred fifty grams and regardless of                   

whether the offense was committed in the vicinity of a school or   1,654        

in the vicinity of a juvenile, trafficking in heroin is a felony   1,656        

of the first degree, and the court shall impose as a mandatory     1,657        

prison term one of the prison terms prescribed for a felony of     1,658        

the first degree.                                                               

      (g)  If the amount of the drug involved exceeds two hundred  1,661        

fifty grams and regardless of whether the offense was committed                 

in the vicinity of a school or in the vicinity of a juvenile,      1,662        

trafficking in heroin is a felony of the first degree, and the     1,665        

court shall impose as a mandatory prison term the maximum prison   1,666        

term prescribed for a felony of the first degree and may impose    1,667        

                                                          39     

                                                                 
an additional mandatory prison term prescribed for a major drug    1,668        

offender under division (D)(3)(b) of section 2929.14 of the        1,669        

Revised Code.                                                      1,670        

      (7)  If the drug involved in the violation is hashish or a   1,672        

compound, mixture, preparation, or substance containing hashish,   1,673        

whoever violates division (A) of this section is guilty of         1,675        

trafficking in hashish.  The penalty for the offense shall be                   

determined as follows:                                             1,676        

      (a)  Except as otherwise provided in division (C)(7)(b),     1,679        

(c), (d), (e), or (f) of this section, trafficking in hashish is   1,681        

a felony of the fifth degree, and division (C) of section 2929.13  1,682        

of the Revised Code applies in determining whether to impose a     1,684        

prison term on the offender.                                                    

      (b)  Except as otherwise provided in division (C)(7)(c),     1,687        

(d), (e), or (f) of this section, if the offense was committed in  1,688        

the vicinity of a school or in the vicinity of a juvenile,         1,690        

trafficking in hashish is a felony of the fourth degree, and       1,691        

division (C) of section 2929.13 of the Revised Code applies in     1,692        

determining whether to impose a prison term on the offender.       1,693        

      (c)  Except as otherwise provided in this division, if the   1,695        

amount of the drug involved exceeds ten grams but does not exceed  1,696        

fifty grams of hashish in a solid form or exceeds two grams but    1,697        

does not exceed ten grams of hashish in a liquid concentrate,      1,698        

liquid extract, or liquid distillate form, trafficking in hashish  1,699        

is a felony of the fourth degree, and division (C) of section      1,700        

2929.13 of the Revised Code applies in determining whether to      1,701        

impose a prison term on the offender.  If the amount of the drug   1,702        

involved is within that range and if the offense was committed in  1,703        

the vicinity of a school or in the vicinity of a juvenile,         1,704        

trafficking in hashish is a felony of the third degree, and        1,705        

division (C) of section 2929.13 of the Revised Code applies in     1,706        

determining whether to impose a prison term on the offender.                    

      (d)  Except as otherwise provided in this division, if the   1,708        

amount of the drug involved exceeds fifty grams but does not       1,709        

                                                          40     

                                                                 
exceed two hundred fifty grams of hashish in a solid form or       1,710        

exceeds ten grams but does not exceed fifty grams of hashish in a  1,711        

liquid concentrate, liquid extract, or liquid distillate form,     1,712        

trafficking in hashish is a felony of the third degree, and        1,714        

division (C) of section 2929.13 of the Revised Code applies in                  

determining whether to impose a prison term on the offender.  If   1,715        

the amount of the drug involved is within that range and if the    1,717        

offense was committed in the vicinity of a school or in the        1,718        

vicinity of a juvenile, trafficking in hashish is a felony of the  1,719        

second degree, and there is a presumption that a prison term       1,720        

shall be imposed for the offense.                                               

      (e)  Except as otherwise provided in this division, if the   1,722        

amount of the drug involved exceeds two hundred fifty grams but    1,723        

does not exceed one thousand grams of hashish in a solid form or   1,724        

exceeds fifty grams but does not exceed two hundred grams of       1,725        

hashish in a liquid concentrate, liquid extract, or liquid         1,727        

distillate form, trafficking in hashish is a felony of the third   1,728        

degree, and there is a presumption that a prison term shall be                  

imposed for the offense.  If the amount of the drug involved is    1,729        

within that range and if the offense was committed in the          1,730        

vicinity of a school or in the vicinity of a juvenile,             1,731        

trafficking in hashish is a felony of the second degree, and       1,732        

there is a presumption that a prison term shall be imposed for     1,733        

the offense.                                                                    

      (f)  Except as otherwise provided in this division, if the   1,735        

amount of the drug involved exceeds one thousand grams of hashish  1,737        

in a solid form or exceeds two hundred grams of hashish in a       1,738        

liquid concentrate, liquid extract, or liquid distillate form,                  

trafficking in hashish is a felony of the second degree, and the   1,740        

court shall impose as a mandatory prison term the maximum prison   1,741        

term prescribed for a felony of the second degree.  If the amount  1,742        

of the drug involved exceeds one thousand grams of hashish in a    1,744        

solid form or exceeds two hundred grams of hashish in a liquid     1,745        

concentrate, liquid extract, or liquid distillate form and if the  1,746        

                                                          41     

                                                                 
offense was committed in the vicinity of a school or in the                     

vicinity of a juvenile, trafficking in hashish is a felony of the  1,748        

first degree, and the court shall impose as a mandatory prison     1,749        

term the maximum prison term prescribed for a felony of the first  1,750        

degree.                                                                         

      (D)  In addition to any prison term authorized or required   1,753        

by division (C) of this section and sections 2929.13 and 2929.14   1,754        

of the Revised Code, and in addition to any other sanction         1,755        

imposed for the offense under this section or sections 2929.11 to  1,756        

2929.18 of the Revised Code, the court that sentences an offender  1,757        

who is convicted of or pleads guilty to a violation of division    1,758        

(A) of this section shall do all of the following that are         1,760        

applicable regarding the offender:                                              

      (1)  If the violation of division (A) of this section is a   1,763        

felony of the first, second, or third degree, the court shall      1,764        

impose upon the offender the mandatory fine specified for the      1,765        

offense under division (B)(1) of section 2929.18 of the Revised    1,766        

Code unless, as specified in that division, the court determines   1,767        

that the offender is indigent.  Except as otherwise provided in    1,768        

division (H)(1) of this section, a mandatory fine or any other     1,769        

fine imposed for a violation of this section is subject to         1,770        

division (F) of this section.  If a person is charged with a       1,771        

violation of this section that is a felony of the first, second,   1,772        

or third degree, posts bail, and forfeits the bail, the clerk of   1,773        

the court shall pay the forfeited bail pursuant to divisions       1,775        

(D)(1) and (F) of this section, as if the forfeited bail was a     1,776        

fine imposed for a violation of this section.  If any amount of    1,777        

the forfeited bail remains after that payment and if a fine is     1,778        

imposed under division (H)(1) of this section, the clerk of the    1,779        

court shall pay the remaining amount of the forfeited bail         1,780        

pursuant to divisions (H)(2) and (3) of this section, as if that   1,781        

remaining amount was a fine imposed under division (H)(1) of this               

section.                                                           1,782        

      (2)  The court shall revoke or suspend the driver's or       1,784        

                                                          42     

                                                                 
commercial driver's license or permit of the offender in           1,785        

accordance with division (G) of this section.                      1,786        

      (3)  If the offender is a professionally licensed person or  1,789        

a person who has been admitted to the bar by order of the supreme  1,790        

court in compliance with its prescribed and published rules, the   1,791        

court forthwith shall comply with section 2925.38 of the Revised   1,792        

Code.                                                                           

      (E)  When a person is charged with the sale of or offer to   1,795        

sell a bulk amount or a multiple of a bulk amount of a controlled  1,796        

substance, the jury, or the court trying the accused, shall        1,798        

determine the amount of the controlled substance involved at the   1,799        

time of the offense and, if a guilty verdict is returned, shall    1,800        

return the findings as part of the verdict.  In any such case, it  1,801        

is unnecessary to find and return the exact amount of the          1,802        

controlled substance involved, and it is sufficient if the                      

finding and return is to the effect that the amount of the         1,803        

controlled substance involved is the requisite amount, or that     1,805        

the amount of the controlled substance involved is less than the   1,806        

requisite amount.                                                  1,807        

      (F)(1)  Notwithstanding any contrary provision of section    1,810        

3719.21 of the Revised Code and except as provided in division     1,811        

(H) of this section, the clerk of the court shall pay any          1,812        

mandatory fine imposed pursuant to division (D)(1) of this         1,815        

section and any fine other than a mandatory fine that is imposed   1,816        

for a violation of this section pursuant to division (A) or        1,817        

(B)(5) of section 2929.18 of the Revised Code to the county,       1,819        

township, municipal corporation, park district, as created         1,820        

pursuant to section 511.18 or 1545.04 of the Revised Code, or      1,821        

state law enforcement agencies in this state that primarily were   1,822        

responsible for or involved in making the arrest of, and in        1,823        

prosecuting, the offender.  However, the clerk shall not pay a     1,824        

mandatory fine so imposed to a law enforcement agency unless the   1,825        

agency has adopted a written internal control policy under         1,826        

division (F)(2) of this section that addresses the use of the      1,828        

                                                          43     

                                                                 
fine moneys that it receives.  Each agency shall use the           1,830        

mandatory fines so paid to subsidize the agency's law enforcement               

efforts that pertain to drug offenses, in accordance with the      1,832        

written internal control policy adopted by the recipient agency    1,833        

under division (F)(2) of this section.                             1,834        

      (2)(a)  Prior to receiving any fine moneys under division    1,836        

(F)(1) of this section or division (B)(5) of section 2925.42 of    1,839        

the Revised Code, a law enforcement agency shall adopt a written   1,840        

internal control policy that addresses the agency's use and        1,841        

disposition of all fine moneys so received and that provides for   1,842        

the keeping of detailed financial records of the receipts of       1,843        

those fine moneys, the general types of expenditures made out of   1,844        

those fine moneys, and the specific amount of each general type    1,845        

of expenditure.  The policy shall not provide for or permit the    1,846        

identification of any specific expenditure that is made in an      1,847        

ongoing investigation.  All financial records of the receipts of   1,848        

those fine moneys, the general types of expenditures made out of   1,849        

those fine moneys, and the specific amount of each general type    1,850        

of expenditure by an agency are public records open for            1,851        

inspection under section 149.43 of the Revised Code.               1,852        

Additionally, a written internal control policy adopted under      1,853        

this division is such a public record, and the agency that         1,854        

adopted it shall comply with it.                                   1,855        

      (b)  Each law enforcement agency that receives in any        1,857        

calendar year any fine moneys under division (F)(1) of this        1,858        

section or division (B)(5) of section 2925.42 of the Revised Code  1,859        

shall prepare a report covering the calendar year that cumulates   1,860        

all of the information contained in all of the public financial    1,861        

records kept by the agency pursuant to division (F)(2)(a) of this  1,863        

section for that calendar year, and shall send a copy of the       1,864        

cumulative report, no later than the first day of March in the     1,865        

calendar year following the calendar year covered by the report,   1,866        

to the attorney general.  Each report received by the attorney     1,867        

general is a public record open for inspection under section       1,868        

                                                          44     

                                                                 
149.43 of the Revised Code.  The attorney general shall make       1,869        

copies of each report received, and, no later than the fifteenth   1,870        

day of April in the calendar year in which the report is           1,871        

received, shall send a copy of it to the president of the senate   1,872        

and the speaker of the house of representatives.                   1,873        

      (3)  As used in division (F) of this section:                1,876        

      (a)  "Law enforcement agencies" includes, but is not         1,878        

limited to, the state board of pharmacy and the office of a        1,879        

prosecutor.                                                        1,880        

      (b)  "Prosecutor" has the same meaning as in section         1,882        

2935.01 of the Revised Code.                                       1,883        

      (G)  When required under division (D)(2) of this section,    1,887        

the court either shall revoke or, if it does not revoke, shall     1,888        

suspend for not less than six months or more than five years, the  1,889        

driver's or commercial driver's license or permit of any person    1,891        

who is convicted of or pleads guilty to a violation of this        1,893        

section that is a felony of the first degree and shall suspend     1,894        

for not less than six months or more than five years the driver's  1,896        

or commercial driver's license or permit of any person who is      1,898        

convicted of or pleads guilty to any other violation of this       1,899        

section.  If an offender's driver's or commercial driver's         1,900        

license or permit is revoked pursuant to this division, the        1,902        

offender, at any time after the expiration of two years from the   1,903        

day on which the offender's sentence was imposed or from the day   1,904        

on which the offender finally was released from a prison term      1,907        

under the sentence, whichever is later, may file a motion with     1,908        

the sentencing court requesting termination of the revocation;     1,909        

upon the filing of such a motion and the court's finding of good   1,910        

cause for the termination, the court may terminate the             1,911        

revocation.                                                                     

      (H)(1)  In addition to any prison term authorized or         1,914        

required by division (C) of this section and sections 2929.13 and  1,915        

2929.14 of the Revised Code, in addition to any other penalty or   1,917        

sanction imposed for the offense under this section or sections    1,918        

                                                          45     

                                                                 
2929.11 to 2929.181 of the Revised Code, and in addition to the    1,919        

forfeiture of property in connection with the offense as           1,920        

prescribed in sections 2925.42 to 2925.45 of the Revised Code,     1,922        

the court that sentences an offender who is convicted of or        1,923        

pleads guilty to a violation of division (A) of this section may   1,924        

impose upon the offender an additional fine specified for the      1,925        

offense in division (B)(4) of section 2929.18 of the Revised       1,927        

Code.  A fine imposed under division (H)(1) of this section is     1,929        

not subject to division (F) of this section and shall be used      1,930        

solely for the support of one or more eligible alcohol and drug    1,931        

addiction programs in accordance with divisions (H)(2) and (3) of  1,932        

this section.                                                                   

      (2)  The court that imposes a fine under division (H)(1) of  1,935        

this section shall specify in the judgment that imposes the fine   1,936        

one or more eligible alcohol and drug addiction programs for the   1,937        

support of which the fine money is to be used.  No alcohol and     1,938        

drug addiction program shall receive or use money paid or          1,939        

collected in satisfaction of a fine imposed under division (H)(1)  1,941        

of this section unless the program is specified in the judgment    1,942        

that imposes the fine.  No alcohol and drug addiction program      1,943        

shall be specified in the judgment unless the program is an        1,944        

eligible alcohol and drug addiction program and, except as         1,945        

otherwise provided in division (H)(2) of this section, unless the  1,947        

program is located in the county in which the court that imposes   1,948        

the fine is located or in a county that is immediately contiguous  1,949        

to the county in which that court is located.  If no eligible      1,950        

alcohol and drug addiction program is located in any of those      1,951        

counties, the judgment may specify an eligible alcohol and drug    1,952        

addiction program that is located anywhere within this state.      1,953        

      (3)  Notwithstanding any contrary provision of section       1,955        

3719.21 of the Revised Code, the clerk of the court shall pay any  1,957        

fine imposed under division (H)(1) of this section to the          1,958        

eligible alcohol and drug addiction program specified pursuant to  1,959        

division (H)(2) of this section in the judgment.  The eligible     1,960        

                                                          46     

                                                                 
alcohol and drug addiction program that receives the fine moneys   1,961        

shall use the moneys only for the alcohol and drug addiction       1,962        

services identified in the application for certification under     1,963        

section 3793.06 of the Revised Code or in the application for a    1,964        

license under section 3793.11 of the Revised Code filed with the   1,966        

department of alcohol and drug addiction services by the alcohol                

and drug addiction program specified in the judgment.              1,967        

      (4)  Each alcohol and drug addiction program that receives   1,969        

in a calendar year any fine moneys under division (H)(3) of this   1,971        

section shall file an annual report covering that calendar year    1,972        

with the court of common pleas and the board of county             1,973        

commissioners of the county in which the program is located, with  1,974        

the court of common pleas and the board of county commissioners    1,975        

of each county from which the program received the moneys if that  1,976        

county is different from the county in which the program is                     

located, and with the attorney general.  The alcohol and drug      1,977        

addiction program shall file the report no later than the first    1,978        

day of March in the calendar year following the calendar year in   1,980        

which the program received the fine moneys.  The report shall      1,981        

include statistics on the number of persons served by the alcohol  1,982        

and drug addiction program, identify the types of alcohol and      1,983        

drug addiction services provided to those persons, and include a   1,984        

specific accounting of the purposes for which the fine moneys      1,985        

received were used.  No information contained in the report shall  1,986        

identify, or enable a person to determine the identity of, any     1,987        

person served by the alcohol and drug addiction program.  Each     1,988        

report received by a court of common pleas, a board of county      1,989        

commissioners, or the attorney general is a public record open     1,990        

for inspection under section 149.43 of the Revised Code.           1,991        

      (5)  As used in divisions (H)(1) to (5) of this section:     1,993        

      (a)  "Alcohol and drug addiction program" and "alcohol and   1,996        

drug addiction services" have the same meanings as in section      1,997        

3793.01 of the Revised Code.                                                    

      (b)  "Eligible alcohol and drug addiction program" means an  2,000        

                                                          47     

                                                                 
alcohol and drug addiction program that is certified under         2,001        

section 3793.06 of the Revised Code or licensed under section      2,002        

3793.11 of the Revised Code by the department of alcohol and drug  2,004        

addiction services.                                                             

      Sec. 2925.09.  (A)  No person shall administer, dispense,    2,014        

distribute, manufacture, possess, sell, or use any drug, other                  

than a controlled substance, that is not approved by the United    2,015        

States food and drug administration, or the United States          2,016        

department of agriculture, unless one of the following applies:    2,017        

      (1)  The United States food and drug administration has      2,019        

approved an application for investigational use in accordance      2,020        

with the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040     2,021        

(1938), 21 U.S.C.A. 301, as amended, and the drug is used only     2,022        

for the approved investigational use;                                           

      (2)  The United States department of agriculture has         2,024        

approved an application for investigational use in accordance      2,025        

with the federal "Virus-Serum-Toxin Act," 37 Stat. 832 (1913), 21  2,026        

U.S.C.A. as amended, 151, as amended, and the drug is used only    2,028        

for the approved investigational use;                                           

      (3)  A practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED  2,030        

TO PRESCRIBE DRUGS, other than a veterinarian, prescribes or       2,031        

combines two or more drugs as a single product for medical         2,032        

purposes;                                                                       

      (4)  A pharmacist, pursuant to a prescription, compounds     2,034        

and dispenses two or more drugs as a single product for medical    2,035        

purposes.                                                                       

      (B)(1)  As used in this division, "dangerous drug,"          2,037        

"prescription," "sale at retail," "wholesale distributor of        2,038        

dangerous drugs," and "terminal distributor of dangerous drugs,"   2,039        

have the SAME meanings set forth AS in section 4729.02 of the      2,041        

Revised Code.                                                                   

      (2)  Except as provided in division (B)(3) of this section,  2,043        

no person shall administer, dispense, distribute, manufacture,     2,044        

possess, sell, or use any dangerous drug to or for livestock or    2,045        

                                                          48     

                                                                 
any animal that is generally used for food or in the production    2,046        

of food, unless the drug is prescribed by a licensed veterinarian  2,047        

by prescription or other written order and the drug is used in     2,048        

accordance with the veterinarian's order or direction.                          

      (3)  Division (B)(2) of this section does not apply to a     2,050        

registered wholesale distributor of dangerous drugs, a licensed    2,051        

terminal distributor of dangerous drugs, or a person who           2,052        

possesses, possesses for sale, or sells, at retail, a drug in      2,053        

accordance with Chapters 3719., 4729., or 4741. of the Revised                  

Code.                                                                           

      (C)  Whoever violates division (A) or (B)(2) of this         2,055        

section is guilty of a felony of the fifth degree on a first       2,056        

offense and of a felony of the fourth degree on each subsequent    2,057        

offense.                                                                        

      Sec. 2925.11.  (A)  No person shall knowingly obtain,        2,066        

possess, or use a controlled substance.                            2,067        

      (B)  This section does not apply to any of the following:    2,069        

      (1)  Manufacturers, practitioners LICENSED HEALTH            2,071        

PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS, pharmacists, owners   2,072        

of pharmacies, and other persons whose conduct was in accordance   2,073        

with Chapters 3719., 4715., 4729., 4731., and 4741. or section     2,075        

4723.56 of the Revised Code;                                                    

      (2)  If the offense involves an anabolic steroid, any        2,077        

person who is conducting or participating in a research project    2,078        

involving the use of an anabolic steroid if the project has been   2,079        

approved by the United States food and drug administration;        2,080        

      (3)  Any person who sells, offers for sale, prescribes,      2,082        

dispenses, or administers for livestock or other nonhuman species  2,083        

an anabolic steroid that is expressly intended for administration  2,084        

through implants to livestock or other nonhuman species and        2,085        

approved for that purpose under the "Federal Food, Drug, and       2,086        

Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,  2,087        

and is sold, offered for sale, prescribed, dispensed, or           2,088        

administered for that purpose in accordance with that act;         2,089        

                                                          49     

                                                                 
      (4)  Any person who obtained the controlled substance        2,091        

pursuant to a prescription issued by a practitioner LICENSED       2,092        

HEALTH PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS, where the      2,093        

drug is in the original container in which it was dispensed to     2,094        

such person.                                                       2,095        

      (C)  Whoever violates division (A) of this section is        2,097        

guilty of one of the following:                                    2,098        

      (1)  If the drug involved in the violation is a compound,    2,100        

mixture, preparation, or substance included in schedule I or II,   2,101        

with the exception of marihuana, cocaine, L.S.D., heroin, and      2,104        

hashish, whoever violates division (A) of this section is guilty   2,105        

of aggravated possession of drugs.  The penalty for the offense    2,106        

shall be determined as follows:                                                 

      (a)  Except as otherwise provided in division (C)(1)(b),     2,109        

(c), (d), or (e) of this section, aggravated possession of drugs   2,110        

is a felony of the fifth degree, and division (B) of section       2,111        

2929.13 of the Revised Code applies in determining whether to      2,112        

impose a prison term on the offender.                                           

      (b)  If the amount of the drug involved exceeds the bulk     2,115        

amount but does not exceed five times the bulk amount, aggravated  2,116        

possession of drugs is a felony of the third degree, and there is  2,117        

a presumption for a prison term for the offense.                                

      (c)  If the amount of the drug involved exceeds five times   2,120        

the bulk amount but does not exceed fifty times the bulk amount,   2,121        

aggravated possession of drugs is a felony of the second degree,   2,122        

and the court shall impose as a mandatory prison term one of the   2,123        

prison terms prescribed for a felony of the second degree.         2,124        

      (d)  If the amount of the drug involved exceeds fifty times  2,126        

the bulk amount but does not exceed one hundred times the bulk     2,127        

amount, aggravated possession of drugs is a felony of the first    2,128        

degree, and the court shall impose as a mandatory prison term one  2,129        

of the prison terms prescribed for a felony of the first degree.   2,130        

      (e)  If the amount of the drug involved exceeds one hundred  2,132        

times the bulk amount, aggravated possession of drugs is a felony  2,133        

                                                          50     

                                                                 
of the first degree, and the court shall impose as a mandatory     2,134        

prison term the maximum prison term prescribed for a felony of     2,135        

the first degree and may impose an additional mandatory prison     2,136        

term prescribed for a major drug offender under division                        

(D)(3)(b) of section 2929.14 of the Revised Code.                  2,137        

      (2)  If the drug involved in the violation is a compound,    2,139        

mixture, preparation, or substance included in schedule III, IV,   2,141        

or V, whoever violates division (A) of this section is guilty of   2,143        

possession of drugs.  The penalty for the offense shall be         2,144        

determined as follows:                                             2,145        

      (a)  Except as otherwise provided in division (C)(2)(b),     2,148        

(c), or (d) of this section, possession of drugs is a misdemeanor  2,149        

of the third degree or, if the offender previously has been        2,150        

convicted of a drug abuse offense, a misdemeanor of the second     2,151        

degree.  If the drug involved in the violation is an anabolic      2,152        

steroid included in schedule III and if the offense is a           2,153        

misdemeanor of the third degree under this division, in lieu of    2,154        

sentencing the offender to a term of imprisonment in a detention   2,155        

facility, the court may place the offender on conditional          2,156        

probation pursuant to division (F) of this section or division     2,158        

(F) of section 2951.02 of the Revised Code.                        2,159        

      (b)  If the amount of the drug involved exceeds the bulk     2,162        

amount but does not exceed five times the bulk amount, possession  2,163        

of drugs is a felony of the fourth degree, and division (C) of     2,164        

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   2,165        

      (c)  If the amount of the drug involved exceeds five times   2,168        

the bulk amount but does not exceed fifty times the bulk amount,   2,169        

possession of drugs is a felony of the third degree, and there is  2,170        

a presumption for a prison term for the offense.                                

      (d)  If the amount of the drug involved exceeds fifty times  2,173        

the bulk amount, possession of drugs is a felony of the second     2,174        

degree, and the court shall impose upon the offender as a          2,175        

mandatory prison term one of the prison terms prescribed for a     2,176        

                                                          51     

                                                                 
felony of the second degree.                                                    

      (3)  If the drug involved in the violation is marihuana or   2,178        

a compound, mixture, preparation, or substance containing          2,179        

marihuana other than hashish, whoever violates division (A) of     2,183        

this section is guilty of possession of marihuana.  The penalty    2,184        

for the offense shall be determined as follows:                    2,185        

      (a)  Except as otherwise provided in division (C)(3)(b),     2,188        

(c), (d), (e), or (f) of this section, possession of marihuana is  2,189        

a minor misdemeanor.                                               2,190        

      (b)  If the amount of the drug involved equals or exceeds    2,193        

one hundred grams but does not exceed two hundred grams,           2,194        

possession of marihuana is a misdemeanor of the fourth degree.     2,195        

      (c)  If the amount of the drug involved exceeds two hundred  2,198        

grams but does not exceed one thousand grams, possession of        2,199        

marihuana is a felony of the fifth degree, and division (B) of     2,200        

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   2,202        

      (d)  If the amount of the drug involved exceeds one          2,205        

thousand grams but does not exceed five thousand grams,                         

possession of marihuana is a felony of the third degree, and       2,206        

division (C) of section 2929.13 of the Revised Code applies in     2,207        

determining whether to impose a prison term on the offender.       2,208        

      (e)  If the amount of the drug involved exceeds five         2,211        

thousand grams but does not exceed twenty thousand grams,                       

possession of marihuana is a felony of the third degree, and       2,212        

there is a presumption that a prison term shall be imposed for     2,213        

the offense.                                                       2,214        

      (f)  If the amount of the drug involved exceeds twenty       2,217        

thousand grams, possession of marihuana is a felony of the second  2,218        

degree, and the court shall impose as a mandatory prison term the  2,219        

maximum prison term prescribed for a felony of the second degree.  2,220        

      (4)  If the drug involved in the violation is cocaine or a   2,223        

compound, mixture, preparation, or substance containing cocaine,   2,224        

whoever violates division (A) of this section is guilty of         2,225        

                                                          52     

                                                                 
possession of cocaine.  The penalty for the offense shall be       2,226        

determined as follows:                                                          

      (a)  Except as otherwise provided in division (C)(4)(b),     2,229        

(c), (d), (e), or (f) of this section, possession of cocaine is a  2,230        

felony of the fifth degree, and division (B) of section 2929.13    2,231        

of the Revised Code applies in determining whether to impose a     2,232        

prison term on the offender.                                                    

      (b)  If the amount of the drug involved exceeds five grams   2,235        

but does not exceed twenty-five grams of cocaine that is not                    

crack cocaine or exceeds one gram but does not exceed five grams   2,237        

of crack cocaine, possession of cocaine is a felony of the fourth  2,238        

degree, and there is a presumption for a prison term for the       2,239        

offense.                                                                        

      (c)  If the amount of the drug involved exceeds twenty-five  2,242        

grams but does not exceed one hundred grams of cocaine that is     2,243        

not crack cocaine or exceeds five grams but does not exceed ten    2,245        

grams of crack cocaine, possession of cocaine is a felony of the   2,246        

third degree, and the court shall impose as a mandatory prison     2,247        

term one of the prison terms prescribed for a felony of the third  2,248        

degree.                                                                         

      (d)  If the amount of the drug involved exceeds one hundred  2,251        

grams but does not exceed five hundred grams of cocaine that is    2,252        

not crack cocaine or exceeds ten grams but does not exceed         2,254        

twenty-five grams of crack cocaine, possession of cocaine is a     2,255        

felony of the second degree, and the court shall impose as a       2,256        

mandatory prison term one of the prison terms prescribed for a     2,257        

felony of the second degree.                                                    

      (e)  If the amount of the drug involved exceeds five         2,260        

hundred grams but does not exceed one thousand grams of cocaine    2,261        

that is not crack cocaine or exceeds twenty-five grams but does    2,263        

not exceed one hundred grams of crack cocaine, possession of                    

cocaine is a felony of the first degree, and the court shall       2,265        

impose as a mandatory prison term one of the prison terms          2,266        

prescribed for a felony of the first degree.                                    

                                                          53     

                                                                 
      (f)  If the amount of the drug involved exceeds one          2,269        

thousand grams of cocaine that is not crack cocaine or exceeds     2,270        

one hundred grams of crack cocaine, possession of cocaine is a     2,271        

felony of the first degree, and the court shall impose as a        2,272        

mandatory prison term the maximum prison term prescribed for a     2,273        

felony of the first degree and may impose an additional mandatory  2,274        

prison term prescribed for a major drug offender under division    2,275        

(D)(3)(b) of section 2929.14 of the Revised Code.                  2,277        

      (5)  If the drug involved in the violation is L.S.D.,        2,280        

whoever violates division (A) of this section is guilty of         2,281        

possession of L.S.D.  The penalty for the offense shall be         2,283        

determined as follows:                                                          

      (a)  Except as otherwise provided in division (C)(5)(b),     2,286        

(c), (d), (e), or (f) of this section, possession of L.S.D. is a                

felony of the fifth degree, and division (B) of section 2929.13    2,287        

of the Revised Code applies in determining whether to impose a     2,288        

prison term on the offender.                                                    

      (b)  If the amount of L.S.D. involved exceeds ten unit       2,290        

doses but does not exceed fifty unit doses of L.S.D. in a solid    2,292        

form or exceeds one gram but does not exceed five grams of L.S.D.  2,293        

in a liquid concentrate, liquid extract, or liquid distillate      2,294        

form, possession of L.S.D. is a felony of the fourth degree, and   2,297        

division (C) of section 2929.13 of the Revised Code applies in                  

determining whether to impose a prison term on the offender.       2,298        

      (c)  If the amount of L.S.D. involved exceeds fifty unit     2,301        

doses, but does not exceed two hundred fifty unit doses of L.S.D.  2,303        

in a solid form or exceeds five grams but does not exceed          2,304        

twenty-five grams of L.S.D. in a liquid concentrate, liquid        2,305        

extract, or liquid distillate form, possession of L.S.D. is a      2,306        

felony of the third degree, and there is a presumption for a       2,307        

prison term for the offense.                                                    

      (d)  If the amount of L.S.D. involved exceeds two hundred    2,310        

fifty unit doses but does not exceed one thousand unit doses of    2,312        

L.S.D. in a solid form or exceeds twenty-five grams but does not   2,313        

                                                          54     

                                                                 
exceed one hundred grams of L.S.D. in a liquid concentrate,                     

liquid extract, or liquid distillate form, possession of L.S.D.    2,315        

is a felony of the second degree, and the court shall impose as a  2,316        

mandatory prison term one of the prison terms prescribed for a     2,317        

felony of the second degree.                                       2,318        

      (e)  If the amount of L.S.D. involved exceeds one thousand   2,321        

unit doses but does not exceed five thousand unit doses of L.S.D.  2,323        

in a solid form or exceeds one hundred grams but does not exceed   2,324        

five hundred grams of L.S.D. in a liquid concentrate, liquid       2,325        

extract, or liquid distillate form, possession of L.S.D. is a      2,326        

felony of the first degree, and the court shall impose as a        2,327        

mandatory prison term one of the prison terms prescribed for a     2,328        

felony of the first degree.                                                     

      (f)  If the amount of L.S.D. involved exceeds five thousand  2,331        

unit doses of L.S.D. in a solid form or exceeds five hundred       2,334        

grams of L.S.D. in a liquid concentrate, liquid extract, or        2,335        

liquid distillate form, possession of L.S.D. is a felony of the    2,337        

first degree, and the court shall impose as a mandatory prison     2,338        

term the maximum prison term prescribed for a felony of the first  2,339        

degree and may impose an additional mandatory prison term          2,340        

prescribed for a major drug offender under division (D)(3)(b) of   2,341        

section 2929.14 of the Revised Code.                               2,342        

      (6)  If the drug involved in the violation is heroin or a    2,344        

compound, mixture, preparation, or substance containing heroin,    2,345        

whoever violates division (A) of this section is guilty of         2,347        

possession of heroin.  The penalty for the offense shall be                     

determined as follows:                                             2,348        

      (a)  Except as otherwise provided in division (C)(6)(b),     2,351        

(c), (d), (e), or (f) of this section, possession of heroin is a   2,352        

felony of the fifth degree, and division (B) of section 2929.13    2,353        

of the Revised Code applies in determining whether to impose a     2,354        

prison term on the offender.                                                    

      (b)  If the amount of the drug involved exceeds one gram     2,357        

but does not exceed five grams, possession of heroin is a felony   2,358        

                                                          55     

                                                                 
of the fourth degree, and division (C) of section 2929.13 of the   2,359        

Revised Code applies in determining whether to impose a prison                  

term on the offender.                                              2,360        

      (c)  If the amount of the drug involved exceeds five grams   2,363        

but does not exceed ten grams, possession of heroin is a felony    2,364        

of the third degree, and there is a presumption for a prison term  2,365        

for the offense.                                                                

      (d)  If the amount of the drug involved exceeds ten grams    2,368        

but does not exceed fifty grams, possession of heroin is a felony  2,369        

of the second degree, and the court shall impose as a mandatory    2,370        

prison term one of the prison terms prescribed for a felony of     2,371        

the second degree.                                                              

      (e)  If the amount of the drug involved exceeds fifty grams  2,374        

but does not exceed two hundred fifty grams, possession of heroin  2,375        

is a felony of the first degree, and the court shall impose as a   2,376        

mandatory prison term one of the prison terms prescribed for a     2,377        

felony of the first degree.                                                     

      (f)  If the amount of the drug involved exceeds two hundred  2,380        

fifty grams, possession of heroin is a felony of the first         2,381        

degree, and the court shall impose as a mandatory prison term the  2,382        

maximum prison term prescribed for a felony of the first degree    2,383        

and may impose an additional mandatory prison term prescribed for  2,384        

a major drug offender under division (D)(3)(b) of section 2929.14  2,385        

of the Revised Code.                                               2,386        

      (7)  If the drug involved in the violation is hashish or a   2,388        

compound, mixture, preparation, or substance containing hashish,   2,389        

whoever violates division (A) of this section is guilty of         2,391        

possession of hashish.  The penalty for the offense shall be                    

determined as follows:                                             2,392        

      (a)  Except as otherwise provided in division (C)(7)(b),     2,395        

(c), (d), (e), or (f) of this section, possession of hashish is a  2,396        

minor misdemeanor.                                                              

      (b)  If the amount of the drug involved equals or exceeds    2,398        

five grams but does not exceed ten grams of hashish in a solid     2,399        

                                                          56     

                                                                 
form or equals or exceeds one gram but does not exceed two grams   2,400        

of hashish in a liquid concentrate, liquid extract, or liquid      2,401        

distillate form, possession of hashish is a misdemeanor of the     2,402        

fourth degree.                                                                  

      (c)  If the amount of the drug involved exceeds ten grams    2,405        

but does not exceed fifty grams of hashish in a solid form or                   

exceeds two grams but does not exceed ten grams of hashish in a    2,406        

liquid concentrate, liquid extract, or liquid distillate form,     2,407        

possession of hashish is a felony of the fifth degree, and         2,408        

division (B) of section 2929.13 of the Revised Code applies in     2,409        

determining whether to impose a prison term on the offender.       2,411        

      (d)  If the amount of the drug involved exceeds fifty grams  2,414        

but does not exceed two hundred fifty grams of hashish in a solid               

form or exceeds ten grams but does not exceed fifty grams of       2,415        

hashish in a liquid concentrate, liquid extract, or liquid         2,416        

distillate form, possession of hashish is a felony of the third    2,417        

degree, and division (C) of section 2929.13 of the Revised Code    2,418        

applies in determining whether to impose a prison term on the      2,419        

offender.                                                                       

      (e)  If the amount of the drug involved exceeds two hundred  2,422        

fifty grams but does not exceed one thousand grams of hashish in                

a solid form or exceeds fifty grams but does not exceed two        2,423        

hundred grams of hashish in a liquid concentrate, liquid extract,  2,424        

or liquid distillate form, possession of hashish is a felony of    2,425        

the third degree, and there is a presumption that a prison term    2,426        

shall be imposed for the offense.                                               

      (f)  If the amount of the drug involved exceeds one          2,429        

thousand grams of hashish in a solid form or exceeds two hundred                

grams of hashish in a liquid concentrate, liquid extract, or       2,430        

liquid distillate form, possession of hashish is a felony of the   2,431        

second degree, and the court shall impose as a mandatory prison    2,432        

term the maximum prison term prescribed for a felony of the        2,433        

second degree.                                                     2,434        

      (D)  Arrest or conviction for a minor misdemeanor violation  2,436        

                                                          57     

                                                                 
of this section does not constitute a criminal record and need     2,437        

not be reported by the person so arrested or convicted in          2,438        

response to any inquiries about the person's criminal record,      2,439        

including any inquiries contained in any application for           2,440        

employment, license, or other right or privilege, or made in       2,441        

connection with the person's appearance as a witness.              2,442        

      (E)  In addition to any prison term authorized or required   2,445        

by division (C) of this section and sections 2929.13 and 2929.14   2,446        

of the Revised Code and in addition to any other sanction that is  2,447        

imposed for the offense under this section or sections 2929.11 to  2,448        

2929.18 of the Revised Code, the court that sentences an offender  2,451        

who is convicted of or pleads guilty to a violation of division    2,452        

(A) of this section shall do all of the following that are         2,453        

applicable regarding the offender:                                              

      (1)(a)  If the violation is a felony of the first, second,   2,456        

or third degree, the court shall impose upon the offender the      2,457        

mandatory fine specified for the offense under division (B)(1) of  2,458        

section 2929.18 of the Revised Code unless, as specified in that   2,459        

division, the court determines that the offender is indigent.      2,460        

      (b)  Notwithstanding any contrary provision of section       2,462        

3719.21 of the Revised Code, the clerk of the court shall pay a    2,464        

mandatory fine or other fine imposed for a violation of this       2,465        

section pursuant to division (A) of section 2929.18 of the         2,466        

Revised Code in accordance with and subject to the requirements                 

of division (F) of section 2925.03 of the Revised Code.  The       2,467        

agency that receives the fine shall use the fine as specified in   2,468        

division (F) of section 2925.03 of the Revised Code.               2,469        

      (c)  If a person is charged with a violation of this         2,471        

section that is a felony of the first, second, or third degree,    2,472        

posts bail, and forfeits the bail, the clerk shall pay the         2,473        

forfeited bail pursuant to division (E)(1)(b) of this section as   2,474        

if it were a mandatory fine imposed under division (E)(1)(a) of    2,475        

this section.                                                                   

      (2)  The court shall suspend for not less than six months    2,477        

                                                          58     

                                                                 
or more than five years the driver's or commercial driver's        2,478        

license or permit of any person who is convicted of or has         2,479        

pleaded guilty to a violation of this section.                                  

      (3)  If the offender is a professionally licensed person or  2,481        

a person who has been admitted to the bar by order of the supreme  2,483        

court in compliance with its prescribed and published rules, in    2,484        

addition to any other sanction imposed for a violation of this     2,485        

section, the court forthwith shall comply with section 2925.38 of  2,486        

the Revised Code.                                                               

      (E)(F)  It is an affirmative defense, as provided in         2,488        

section 2901.05 of the Revised Code, to a charge of a fourth       2,489        

degree felony violation under this section that the controlled     2,490        

substance that gave rise to the charge is in an amount, is in a    2,493        

form, is prepared, compounded, or mixed with substances that are   2,494        

not controlled substances in a manner, or is possessed under any   2,496        

other circumstances, that indicate that the substance was          2,497        

possessed solely for personal use.  Notwithstanding any contrary   2,499        

provision of this section, if, in accordance with section 2901.05  2,500        

of the Revised Code, an accused who is charged with a fourth                    

degree felony violation of division (C)(2), (4), (5), or (6) of    2,501        

this section sustains the burden of going forward with evidence    2,502        

of and establishes by a preponderance of the evidence the          2,503        

affirmative defense described in this division, the accused may    2,504        

be prosecuted for and may plead guilty to or be convicted of a     2,505        

misdemeanor violation of division (C)(2) of this section or a      2,506        

fifth degree felony violation of division (C)(4), (5), or (6) of   2,507        

this section respectively.                                         2,508        

      (I)(G)  It is an affirmative defense, as provided in         2,510        

section 2901.05 of the Revised Code, to a charge of possessing     2,511        

marihuana under this section that the offender, pursuant to the    2,513        

prior written recommendation of a licensed physician, possessed    2,514        

the marihuana solely for medicinal purposes.                                    

      (J)(H)  When a person is charged with possessing a bulk      2,516        

amount or multiple of a bulk amount, division (E) of section       2,518        

                                                          59     

                                                                 
2925.03 of the Revised Code applies regarding the determination    2,519        

of the amount of the controlled substance involved at the time of  2,520        

the offense.                                                                    

      Sec. 2925.12.  (A)  No person shall knowingly make, obtain,  2,529        

possess, or use any instrument, article, or thing the customary    2,530        

and primary purpose of which is for the administration or use of   2,531        

a dangerous drug, other than marihuana, when the instrument        2,532        

involved is a hypodermic or syringe, whether or not of crude or    2,533        

extemporized manufacture or assembly, and the instrument,          2,534        

article, or thing involved has been used by the offender to        2,535        

unlawfully administer or use a dangerous drug, other than          2,536        

marihuana, or to prepare a dangerous drug, other than marihuana,   2,537        

for unlawful administration or use.                                2,538        

      (B)  This section does not apply to manufacturers,           2,540        

practitioners LICENSED HEALTH PROFESSIONALS AUTHORIZED TO          2,541        

PRESCRIBE DRUGS, pharmacists, owners of pharmacies, and other      2,542        

persons whose conduct was in accordance with Chapters 3719.,       2,544        

4715., 4729., 4731., and 4741. or section 4723.56 of the Revised   2,545        

Code.                                                                           

      (C)  Whoever violates this section is guilty of possessing   2,547        

drug abuse instruments, a misdemeanor of the second degree.  If    2,548        

the offender previously has been convicted of a drug abuse         2,549        

offense, a violation of this section is a misdemeanor of the       2,550        

first degree.                                                      2,551        

      (D)  In addition to any other sanction imposed for a         2,553        

violation of this section, the court shall suspend for not less    2,554        

than six months or more than five years the driver's or            2,555        

commercial driver's license or permit of any person who is         2,556        

convicted of or has pleaded guilty to a violation of this          2,557        

section.  If the offender is a professionally licensed person or   2,558        

a person who has been admitted to the bar by order of the supreme  2,559        

court in compliance with its prescribed and published rules, in    2,560        

addition to any other sanction imposed for a violation of this     2,561        

section, the court forthwith shall comply with section 2925.38 of  2,562        

                                                          60     

                                                                 
the Revised Code.                                                               

      Sec. 2925.14.  (A)  As used in this section, "drug           2,571        

paraphernalia" means any equipment, product, or material of any    2,572        

kind that is used by the offender, intended by the offender for    2,573        

use, or designed for use, in propagating, cultivating, growing,    2,574        

harvesting, manufacturing, compounding, converting, producing,     2,575        

processing, preparing, testing, analyzing, packaging,              2,576        

repackaging, storing, containing, concealing, injecting,           2,577        

ingesting, inhaling, or otherwise introducing into the human       2,578        

body, a controlled substance in violation of this chapter.  "Drug  2,579        

paraphernalia" includes, but is not limited to, any of the         2,580        

following equipment, products, or materials that are used by the   2,581        

offender, intended by the offender for use, or designed by the     2,582        

offender for use, in any of the following manners:                 2,583        

      (1)  A kit for propagating, cultivating, growing, or         2,585        

harvesting any species of a plant that is a controlled substance   2,586        

or from which a controlled substance can be derived;               2,587        

      (2)  A kit for manufacturing, compounding, converting,       2,589        

producing, processing, or preparing a controlled substance;        2,590        

      (3)  An isomerization device for increasing the potency of   2,592        

any species of a plant that is a controlled substance;             2,593        

      (4)  Testing equipment for identifying, or analyzing the     2,595        

strength, effectiveness, or purity of, a controlled substance;     2,596        

      (5)  A scale or balance for weighing or measuring a          2,598        

controlled substance;                                              2,599        

      (6)  A diluent or adulterant, such as quinine                2,601        

hydrochloride, mannitol, mannite, dextrose, or lactose, for        2,602        

cutting a controlled substance;                                    2,603        

      (7)  A separation gin or sifter for removing twigs and       2,605        

seeds from, or otherwise cleaning or refining, marihuana;          2,606        

      (8)  A blender, bowl, container, spoon, or mixing device     2,608        

for compounding a controlled substance;                            2,609        

      (9)  A capsule, balloon, envelope, or container for          2,611        

packaging small quantities of a controlled substance;              2,612        

                                                          61     

                                                                 
      (10)  A container or device for storing or concealing a      2,614        

controlled substance;                                              2,615        

      (11)  A hypodermic syringe, needle, or instrument for        2,617        

parenterally injecting a controlled substance into the human       2,618        

body;                                                              2,619        

      (12)  An object, instrument, or device for ingesting,        2,621        

inhaling, or otherwise introducing into the human body,            2,622        

marihuana, cocaine, hashish, or hashish oil, such as a metal,      2,624        

wooden, acrylic, glass, stone, plastic, or ceramic pipe, with or   2,625        

without a screen, permanent screen, hashish head, or punctured     2,626        

metal bowl; water pipe; carburetion tube or device; smoking or     2,627        

carburetion mask; roach clip or similar object used to hold        2,628        

burning material, such as a marihuana cigarette, that has become   2,629        

too small or too short to be held in the hand; miniature cocaine   2,630        

spoon, or cocaine vial; chamber pipe; carburetor pipe; electric    2,631        

pipe; air driver pipe; chillum; bong; or ice pipe or chiller.      2,632        

      (B)  In determining if an object is drug paraphernalia, a    2,634        

court or law enforcement officer shall consider, in addition to    2,635        

other relevant factors, the following:                             2,636        

      (1)  Any statement by the owner, or by anyone in control,    2,638        

of the object, concerning its use;                                 2,639        

      (2)  The proximity in time or space of the object, or of     2,641        

the act relating to the object, to a violation of any provision    2,642        

of this chapter;                                                   2,643        

      (3)  The proximity of the object to any controlled           2,645        

substance;                                                                      

      (4)  The existence of any residue of a controlled substance  2,647        

on the object;                                                                  

      (5)  Direct or circumstantial evidence of the intent of the  2,649        

owner, or of anyone in control, of the object, to deliver it to    2,650        

any person whom the owner or person in control of the object       2,651        

knows intends to use the object to facilitate a violation of any   2,652        

provision of this chapter.  A finding that the owner, or anyone    2,653        

in control, of the object, is not guilty of a violation of any     2,654        

                                                          62     

                                                                 
other provision of this chapter does not prevent a finding that    2,655        

the object was intended or designed by the offender for use as     2,656        

drug paraphernalia.                                                             

      (6)  Any oral or written instruction provided with the       2,658        

object concerning its use;                                         2,659        

      (7)  Any descriptive material accompanying the object and    2,661        

explaining or depicting its use;                                   2,662        

      (8)  National or local advertising concerning the use of     2,664        

the object;                                                        2,665        

      (9)  The manner and circumstances in which the object is     2,667        

displayed for sale;                                                2,668        

      (10)  Direct or circumstantial evidence of the ratio of the  2,670        

sales of the object to the total sales of the business             2,671        

enterprise;                                                        2,672        

      (11)  The existence and scope of legitimate uses of the      2,674        

object in the community;                                           2,675        

      (12)  Expert testimony concerning the use of the object.     2,677        

      (C)(1)  No person shall knowingly use, or possess with       2,679        

purpose to use, drug paraphernalia.                                2,680        

      (2)  No person shall knowingly sell, or possess or           2,682        

manufacture with purpose to sell, drug paraphernalia, if the       2,683        

person knows or reasonably should know that the equipment,         2,684        

product, or material will be used as drug paraphernalia.           2,685        

      (3)  No person shall place an advertisement in any           2,687        

newspaper, magazine, handbill, or other publication that is        2,688        

published and printed and circulates primarily within this state,  2,689        

if the person knows that the purpose of the advertisement is to    2,690        

promote the illegal sale in this state of the equipment, product,  2,691        

or material that the offender intended or designed for use as      2,692        

drug paraphernalia.                                                             

      (D)  This section does not apply to manufacturers,           2,694        

practitioners LICENSED HEALTH PROFESSIONALS AUTHORIZED TO          2,695        

PRESCRIBE DRUGS, pharmacists, owners of pharmacies, and other      2,696        

persons whose conduct is in accordance with Chapters 3719.,        2,697        

                                                          63     

                                                                 
4715., 4729., 4731., and 4741. or section 4723.56 of the Revised   2,699        

Code.  This section shall not be construed to prohibit the         2,700        

possession or use of a hypodermic as authorized by section         2,701        

3719.172 of the Revised Code.                                                   

      (E)  Notwithstanding sections 2933.42 and 2933.43 of the     2,703        

Revised Code, any drug paraphernalia that was used, possessed,     2,704        

sold, or manufactured in a violation of this section shall be      2,705        

seized, after a conviction for that violation shall be forfeited,  2,706        

and upon forfeiture shall be disposed of pursuant to division      2,707        

(D)(8) of section 2933.41 of the Revised Code.                     2,708        

      (F)(1)  Whoever violates division (C)(1) of this section is  2,710        

guilty of illegal use or possession of drug paraphernalia, a       2,711        

misdemeanor of the fourth degree.                                  2,712        

      (2)  Except as provided in division (F)(3) of this section,  2,714        

whoever violates division (C)(2) of this section is guilty of      2,715        

dealing in drug paraphernalia, a misdemeanor of the second         2,716        

degree.                                                            2,717        

      (3)  Whoever violates division (C)(2) of this section by     2,719        

selling drug paraphernalia to a juvenile is guilty of selling      2,720        

drug paraphernalia to juveniles, a misdemeanor of the first        2,721        

degree.                                                            2,722        

      (4)  Whoever violates division (C)(3) of this section is     2,724        

guilty of illegal advertising of drug paraphernalia, a             2,725        

misdemeanor of the second degree.                                  2,726        

      (G)  In addition to any other sanction imposed for a         2,728        

violation of this section, the court shall suspend for not less    2,729        

than six months or more than five years the driver's or            2,730        

commercial driver's license or permit of any person who is         2,731        

convicted of or has pleaded guilty to a violation of this          2,732        

section.  If the offender is a professionally licensed person or   2,733        

a person who has been admitted to the bar by order of the supreme  2,734        

court in compliance with its prescribed and published rules, in    2,735        

addition to any other sanction imposed for a violation of this     2,736        

section, the court forthwith shall comply with section 2925.38 of  2,737        

                                                          64     

                                                                 
the Revised Code.                                                               

      Sec. 2925.23.  (A)  No person shall knowingly make a false   2,746        

statement in any prescription, order, report, or record required   2,747        

by Chapter 3719. or 4729. of the Revised Code.                     2,748        

      (B)  No person shall intentionally make, utter, or sell, or  2,750        

knowingly possess a false or forged:                               2,751        

      (1)  Prescription;                                           2,753        

      (2)  Uncompleted preprinted prescription blank used for      2,755        

writing a prescription;                                            2,756        

      (3)  Official written order;                                 2,758        

      (4)  License for a terminal distributor of dangerous drugs   2,760        

as required in section 4729.60 of the Revised Code;                2,761        

      (5)  Registration certificate for a wholesale distributor    2,763        

of dangerous drugs as required in section 4729.60 of the Revised   2,764        

Code.                                                              2,765        

      (C)  No person, by theft as defined in section 2913.02 of    2,767        

the Revised Code, shall acquire any of the following:              2,768        

      (1)  A prescription;                                         2,770        

      (2)  An uncompleted preprinted prescription blank used for   2,772        

writing a prescription;                                            2,773        

      (3)  An official written order;                              2,775        

      (4)  A blank official written order;                         2,777        

      (5)  A license or blank license for a terminal distributor   2,779        

of dangerous drugs as required in section 4729.60 of the Revised   2,780        

Code;                                                              2,781        

      (6)  A registration certificate or blank registration        2,783        

certificate for a wholesale distributor of dangerous drugs as      2,784        

required in section 4729.60 of the Revised Code.                   2,785        

      (D)  No person shall knowingly make or affix any false or    2,787        

forged label to a package or receptacle containing any dangerous   2,788        

drugs.                                                             2,789        

      (E)  Divisions (A) and (D) of this section do not apply to   2,791        

practitioners LICENSED HEALTH PROFESSIONALS AUTHORIZED TO          2,792        

PRESCRIBE DRUGS, pharmacists, owners of pharmacies, and other      2,793        

                                                          65     

                                                                 
persons whose conduct is in accordance with Chapters 3719.,        2,794        

4715., 4725., 4729., 4731., and 4741. of the Revised Code or       2,795        

section 4723.56 of the Revised Code.                               2,796        

      (F)  Whoever violates this section is guilty of illegal      2,798        

processing of drug documents.  The penalty for the offense shall   2,799        

be determined as follows:                                          2,800        

      (1)  If the drug involved is a compound, mixture,            2,802        

preparation, or substance included in schedule I or II, with the   2,803        

exception of marihuana, illegal processing of drug documents is a  2,804        

felony of the fourth degree, and division (C) of section 2929.13   2,805        

of the Revised Code applies in determining whether to impose a     2,806        

prison term on the offender.                                                    

      (2)  If the drug involved is a dangerous drug or a           2,808        

compound, mixture, preparation, or substance included in schedule  2,809        

III, IV, or V or is marihuana, illegal processing of drug          2,810        

documents is a felony of the fifth degree, and division (C) of     2,811        

section 2929.13 of the Revised Code applies in determining         2,812        

whether to impose a prison term on the offender.                                

      (G)  In addition to any prison term authorized or required   2,814        

by division (F) of this section and sections 2929.13 and 2929.14   2,815        

of the Revised Code and in addition to any other sanction imposed  2,816        

for the offense under this section or sections 2929.11 to 2929.18  2,817        

of the Revised Code, the court that sentences an offender who is   2,818        

convicted of or pleads guilty to any violation of divisions (A)    2,819        

to (D) of this section shall do both of the following:                          

      (1)  The court shall suspend for not less than six months    2,822        

or more than five years the driver's or commercial driver's        2,823        

license or permit of any person who is convicted of or has         2,824        

pleaded guilty to a violation of this section.                                  

      (2)  If the offender is a professionally licensed person or  2,826        

a person who has been admitted to the bar by order of the supreme  2,827        

court in compliance with its prescribed and published rules, in    2,828        

addition to any other sanction imposed for a violation of this     2,829        

section, the court forthwith shall comply with section 2925.38 of  2,830        

                                                          66     

                                                                 
the Revised Code.                                                               

      (H)  Notwithstanding any contrary provision of section       2,832        

3719.21 of the Revised Code, the clerk of court shall pay a fine   2,833        

imposed for a violation of this section pursuant to division (A)   2,834        

of section 2929.18 of the Revised Code in accordance with and      2,835        

subject to the requirements of division (F) of section 2925.03 of  2,836        

the Revised Code.  The agency that receives the fine shall use     2,837        

the fine as specified in division (F) of section 2925.03 of the    2,838        

Revised Code.                                                                   

      Sec. 2925.50.  If a violation of this chapter is a           2,847        

violation of THE federal narcotic DRUG ABUSE CONTROL laws, as      2,848        

defined in section 3719.01 of the Revised Code, a conviction or    2,850        

acquittal under THE federal narcotic DRUG ABUSE CONTROL laws for   2,851        

the same act is a bar to prosecution in this state.                2,852        

      Sec. 3701.33.  The public health council shall consist of    2,861        

the following seven members to be appointed by the governor:       2,862        

      (A)  Three physicians who are licensed to practice medicine  2,865        

in the state;                                                                   

      (B)  A pharmacist who has been granted a certificate IS      2,867        

LICENSED to practice pharmacy in the state;                        2,869        

      (C)  A registered nurse who is licensed to practice nursing  2,871        

as a registered nurse in the state;                                2,872        

      (D)  A sanitarian who holds a valid certificate of           2,874        

registration as a sanitarian issued under section 4736.11 of the   2,875        

Revised Code;                                                                   

      (E)  A member of the public who is not associated with or    2,878        

financially interested in the practice of medicine, nursing,       2,879        

pharmacy, or environmental health and is at least sixty years of   2,880        

age.                                                                            

      Terms of office shall be for seven years, commencing on the  2,882        

first day of July and ending on the thirtieth day of June.  Each   2,883        

member shall hold office from the date of appointment until the    2,884        

end of the term for which the member was appointed.  Any member    2,885        

appointed to fill a vacancy occurring prior to the expiration of   2,887        

                                                          67     

                                                                 
the term for which the member's predecessor was appointed shall    2,888        

hold office for the remainder of such term.  Any member shall      2,889        

continue in office subsequent to the expiration date of the        2,890        

member's term until a THE MEMBER'S successor takes office, or      2,891        

until a period of sixty days has elapsed, whichever occurs first.  2,893        

      The council shall meet four times each year and may meet at  2,896        

such other times as the business of the council requires.  The     2,897        

time and place for holding regular meetings shall be fixed in the  2,898        

bylaws of the council.  Special meetings may be called upon the    2,899        

request of any four members of the council or upon request of the  2,900        

director of health, and may be held at any place considered        2,901        

advisable by the council or director.  Four members of the         2,902        

council constitute a quorum for the transaction of business.  The  2,903        

council, on or before the first day of July of each year, shall    2,904        

designate the member who shall act as its chairman CHAIRPERSON     2,905        

for the ensuing year.  The director, upon request of the council,  2,907        

shall detail an officer or employee of the department of health    2,908        

to act as secretary of the council, and shall detail such other    2,909        

employees as the council requires.                                              

      The members of the council shall be paid the rate            2,911        

established pursuant to division (J) of section 124.15 of the      2,912        

Revised Code while in conference and shall be reimbursed their     2,913        

necessary and reasonable traveling and other expenses incurred in  2,914        

the performance of their regular duties.                           2,915        

      Sec. 3709.161.  (A)  The board of health of a city or        2,924        

general health district may procure a policy or policies of        2,925        

insurance insuring the members of the board, the health            2,926        

commissioner, and the employees of the board against liability on  2,927        

account of damage or injury to persons and property resulting      2,928        

from any act or omission that occurs in the individual's official  2,930        

capacity as a member or employee of the board or resulting solely  2,931        

out of such membership or employment.                              2,932        

      (B)(1)  As used in this division, "health care               2,934        

professional" means all of the following:                          2,935        

                                                          68     

                                                                 
      (a)  A dentist or dental hygienist licensed under Chapter    2,938        

4715. of the Revised Code;                                         2,939        

      (b)  A registered nurse or licensed practical nurse          2,942        

licensed under Chapter 4723. of the Revised Code;                  2,943        

      (c)  A person authorized LICENSED under Chapter 4729. of     2,945        

the Revised Code to practice as a pharmacist;                      2,947        

      (d)  A person authorized under Chapter 4730. of the Revised  2,951        

Code to practice as a physician assistant;                         2,953        

      (e)  A person authorized under Chapter 4731. of the Revised  2,956        

Code to practice medicine and surgery, osteopathic medicine and    2,957        

surgery, or podiatry;                                                           

      (f)  A psychologist licensed under Chapter 4732. of the      2,961        

Revised Code;                                                                   

      (g)  A veterinarian licensed under Chapter 4741. of the      2,965        

Revised Code;                                                                   

      (h)  A speech-language pathologist or audiologist licensed   2,968        

under Chapter 4753. of the Revised Code;                           2,969        

      (i)  An occupational therapist, physical therapist,          2,972        

physical therapist assistant, or athletic trainer licensed under   2,973        

Chapter 4755. of the Revised Code;                                 2,974        

      (j)  A professional counselor or social worker licensed      2,977        

under Chapter 4757. of the Revised Code;                           2,978        

      (k)  A dietician licensed under Chapter 4759. of the         2,982        

Revised Code.                                                                   

      (2)  The board of health of a city or general health         2,984        

district may purchase liability insurance for a health care        2,985        

professional with whom the board contracts for the provision of    2,986        

health care services against liability on account of damage or     2,987        

injury to persons and property arising from the health care        2,988        

professional's performance of services under the contract.  The    2,989        

policy shall be purchased from an insurance company licensed to    2,990        

do business in this state, if such a policy is available from      2,991        

such a company.  The board of health of a city or general health   2,992        

district shall report the cost of the liability insurance policy   2,993        

                                                          69     

                                                                 
and subsequent increases in the cost to the director of health on  2,994        

a form prescribed by the director.                                 2,995        

      Sec. 3715.01.  (A)  As used in sections 3715.01 to 3715.72   3,004        

of the Revised Code THIS CHAPTER:                                  3,005        

      (1)  "Director" means the director of agriculture.           3,007        

      (2)  "Board of pharmacy" means the board of pharmacy as      3,009        

defined in and established by section 4729.01 of the Revised       3,010        

Code.                                                              3,011        

      (3)  "Public health council" means the public health         3,013        

council as defined in and established by section 3701.33 of the    3,014        

Revised Code.                                                      3,015        

      (4)(2)  "Person" means an individual, partnership,           3,017        

corporation, or association.                                       3,018        

      (5)(3)  "Food" means:                                        3,020        

      (a)  Articles used for food or drink for humans or animals;  3,023        

      (b)  Chewing gum;                                            3,025        

      (c)  Articles used for components of any such articles.      3,027        

      (6)(4)  "Drug" means:                                        3,029        

      (a)  Articles recognized in the official United States       3,031        

pharmacopoeia, AND national formulary, or any supplement TO THEM;  3,033        

      (b)  Articles intended for use in the diagnosis, cure,       3,035        

mitigation, treatment, or prevention of disease in humans or       3,036        

animals;                                                           3,037        

      (c)  Articles, other than food, intended to affect the       3,039        

structure or any function of the body of humans or other animals;  3,041        

      (d)  Articles intended for use as a component of any such    3,043        

OF THE FOREGOING articles but does not include, OTHER THAN         3,045        

devices or their components, parts, or accessories.                3,047        

      (7)(5)  "Device," except when used in division (B)(1) of     3,049        

this section and in division (B)(A)(10) of section 3715.52,        3,050        

division (F) of section 3715.60, division (A)(5) of section        3,052        

3715.64, and division (C) of section 3715.67 of the Revised Code,  3,053        

means any instrument, apparatus, implement, machine, contrivance,  3,054        

implant, in vitro reagent, or other similar or related article,    3,055        

                                                          70     

                                                                 
including any component, part, or accessory, that is any of the    3,056        

following:                                                                      

      (a)  Recognized in an official compendium THE UNITED STATES  3,059        

PHARMACOPOEIA AND NATIONAL FORMULARY, OR ANY SUPPLEMENT TO THEM;   3,060        

      (b)  Intended for use in the diagnosis of disease or other   3,062        

conditions, or in the cure, mitigation, treatment, or prevention   3,063        

of disease in humans or other animals;                             3,064        

      (c)  Intended to affect the structure or any function of     3,066        

the body of humans or animals, and that does not achieve any of    3,070        

its principal intended purposes through chemical action within or  3,071        

on the body of humans or animals and is not dependent upon being   3,073        

metabolized for the achievement of any of its principal intended   3,074        

purposes.                                                                       

      (8)(6)  "Cosmetic" means:                                    3,076        

      (a)  Articles intended to be rubbed, poured, sprinkled, or   3,078        

sprayed on, introduced into, or otherwise applied to the human     3,079        

body or any part thereof for cleansing, beautifying, promoting     3,080        

attractiveness, or altering the appearance;                        3,081        

      (b)  Articles intended for use as a component of any such    3,083        

article, except that such term "COSMETIC" does not include soap.   3,085        

      (9)  "Official compendium" means the official United States  3,087        

pharmacopoeia, national formulary, or any supplement.              3,088        

      (10)(7)  "Label" means a display of written, printed, or     3,090        

graphic matter upon the immediate container, exclusive of package  3,091        

liners, of any articles ARTICLE.                                   3,092        

      Any word, statement, or other information required by        3,094        

sections 3715.01 to 3715.72 of the Revised Code THIS CHAPTER to    3,095        

appear on the label must appear on the outside container or        3,097        

wrapper, if any, of the retail package of such THE article, or     3,098        

such THE label must be easily legible through the outside          3,100        

container or wrapper.                                                           

      (11)(8)  "Labeling" means all labels and other written,      3,102        

printed, or graphic matter:                                        3,103        

      (a)  Upon an article or any of its containers or wrappers;   3,105        

                                                          71     

                                                                 
      (b)  Accompanying such article.                              3,107        

      (12)(9)  "Advertisement" means all representations           3,109        

disseminated in any manner or by any means, other than by          3,110        

labeling, for the purpose of inducing, or which THAT are likely    3,111        

to induce, directly or indirectly, the purchase of food, drugs,    3,113        

devices, or cosmetics.                                             3,114        

      (13)(10)  "New drug" means:                                  3,116        

      (a)  Any drug the composition of which is such that such     3,118        

THE drug is not generally recognized among experts qualified by    3,119        

scientific training and experience to evaluate the safety of       3,120        

drugs, as safe for use under the conditions prescribed,            3,121        

recommended, or suggested in the labeling thereof;                 3,122        

      (b)  Any drug the composition of which is such that such     3,124        

THE drug, as a result of investigation to determine its safety     3,125        

for use under such conditions, has become so recognized, but       3,126        

which THAT has not, otherwise OTHER than in such investigations    3,128        

AN INVESTIGATION, been used to a material extent or for a          3,130        

material time under such conditions.                                            

      (14)(11)  "Contaminated with filth" applies to any food,     3,132        

drug, device, or cosmetic THAT HAS not BEEN protected as far as    3,133        

may be necessary by all reasonable means from dust, dirt, and all  3,135        

foreign or injurious substances.                                   3,136        

      (15)  "Federal act" means the "Federal Food, Drug and        3,138        

Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended.  3,139        

      (16)(12)  "Honey" means the nectar and saccharine exudation  3,141        

of plants that has been gathered, modified, and stored in a        3,142        

honeycomb by honeybees.                                            3,143        

      (17)(13)  "Finished dosage form" means the form of a drug    3,145        

that is, or is intended to be, dispensed or administered to        3,146        

humans or animals and requires no further manufacturing or         3,147        

processing other than packaging, reconstituting, or labeling.      3,148        

      (18)(14)(a)  "Manufacture" means the planting, cultivating,  3,150        

harvesting, processing, making, preparing, or otherwise engaging   3,151        

in any part of the production of a dangerous drug by propagating,  3,152        

                                                          72     

                                                                 
compounding, converting, or processing, either directly or         3,153        

indirectly by extracting from substances of natural origin, or     3,154        

independently by means of chemical synthesis, or by a combination  3,155        

of extraction and chemical synthesis, and includes any THE         3,156        

FOLLOWING:                                                         3,157        

      (i)  ANY packaging or repackaging of the drug or labeling    3,160        

or relabeling of its container, THE PROMOTION AND MARKETING OF     3,161        

THE DRUG, and other activities incident to production, except      3,163        

that this term;                                                    3,164        

      (ii)  THE PREPARATION AND PROMOTION OF COMMERCIALLY          3,166        

AVAILABLE PRODUCTS FROM BULK COMPOUNDS FOR RESALE BY PHARMACIES,   3,167        

LICENSED HEALTH PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS, OR    3,168        

OTHER PERSONS.                                                                  

      (b)  "MANUFACTURE" does not include the preparation,         3,170        

compounding, packaging, or labeling of a dangerous drug by a       3,172        

pharmacist as an incident to dispensing EITHER OF THE FOLLOWING:   3,173        

      (i)  DISPENSING a dangerous drug in the usual course of      3,175        

professional practice;                                             3,176        

      (ii)  PROVIDING A LICENSED HEALTH PROFESSIONAL AUTHORIZED    3,178        

TO PRESCRIBE DRUGS WITH A DRUG FOR THE PURPOSE OF ADMINISTERING    3,179        

TO PATIENTS OR FOR USING THE DRUG IN TREATING PATIENTS IN THE      3,180        

PROFESSIONAL'S OFFICE.                                                          

      (19)(15)  "Dangerous drug" has the SAME meaning given AS in  3,183        

division (D) of section 4729.02 of the Revised Code.               3,184        

      (20)(16)  "Generically equivalent drug" means a drug that    3,186        

contains identical amounts of the identical active ingredients in  3,187        

the identical dosage forms, but not necessarily containing the     3,188        

same inactive ingredients, that meets the identical compendial or  3,189        

other applicable standard of identity, strength, quality, and      3,190        

purity, including potency, and where applicable, content           3,191        

uniformity, disintegration times, or dissolution rates, as the     3,192        

prescribed brand name drug and the manufacturer or distributor     3,193        

holds, if applicable, either an approved new drug application or   3,194        

an approved abbreviated new drug application unless other          3,195        

                                                          73     

                                                                 
approval by law or from the federal food and drug administration   3,196        

is required.                                                       3,197        

      No drug shall be considered a generically equivalent drug    3,199        

for the purposes of sections 3715.01 to 3715.72 of the Revised     3,200        

Code THIS CHAPTER if it has been listed by the federal food and    3,201        

drug administration as having proven bioequivalence problems.      3,203        

      (17)  "LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE  3,205        

DRUGS" HAS THE SAME MEANING AS IN SECTION 4729.02 OF THE REVISED   3,206        

CODE.                                                                           

      (B)  For the purposes of sections 3715.52 to 3715.72 of the  3,208        

Revised Code:                                                      3,209        

      (1)  If an article is alleged to be misbranded because the   3,211        

labeling is misleading, or if an advertisement is alleged to be    3,212        

false because it is misleading, then in determining whether the    3,213        

labeling or advertisement is misleading, there shall be taken      3,214        

into account, among other things, not only representations made    3,215        

or suggested by statement, word, design, device, sound, or in any  3,216        

combination thereof, but also the extent to which the labeling or  3,217        

advertisement fails to reveal facts material in the light of such  3,218        

representations or material with respect to consequence which may  3,219        

result from the use of the article to which the labeling or        3,220        

advertisement relates under the conditions of use prescribed in    3,221        

the labeling or advertisement thereof or under such conditions of  3,222        

use as are customary or usual.                                     3,223        

      (2)  The provisions regarding the selling of food, drugs,    3,225        

devices, or cosmetics include the manufacture, production,         3,226        

processing, packing, exposure, offer, possession, and holding of   3,227        

any such article for sale; and the sale, dispensing, and giving    3,228        

of any such article, and the supplying or applying of any such     3,229        

articles in the conduct of any food, drug, or cosmetic             3,230        

establishment, but.  THE PROVISIONS do not prohibit the            3,231        

administering or dispensing of a drug or device by a member of     3,233        

the medical, dental, or veterinary profession in good faith in     3,234        

the course of professional practice only LICENSED HEALTH           3,235        

                                                          74     

                                                                 
PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS.                        3,236        

      (3)  The representation of a drug, in its labeling or        3,238        

advertisement, as an antiseptic is a representation that it is a   3,239        

germicide, except in the case of a drug purporting to be, or       3,240        

represented as, an antiseptic for inhibitory use as a wet          3,241        

dressing, ointment, dusting powder, or such other use as THAT      3,243        

involves prolonged contact with the body.                                       

      (4)  Whenever jurisdiction is vested in the director OF      3,245        

AGRICULTURE or the STATE board of pharmacy, the jurisdiction of    3,247        

the board of pharmacy shall be limited to the sale, offering for   3,249        

sale, giving away, delivery, or dispensing in any manner of drugs  3,250        

at the wholesale and retail levels or to the consumer and shall    3,251        

be exclusive in the case of such sale, offering for sale, giving   3,252        

away, delivery, or dispensing in any manner of drugs at the        3,253        

wholesale and retail levels or to the consumer in any place where  3,254        

prescriptions are dispensed or compounded.                         3,255        

      (C)(5)  To assist in effectuating the provisions of THOSE    3,258        

sections 3715.52 to 3715.72 of the Revised Code, the director OF   3,259        

AGRICULTURE or STATE board of pharmacy may request assistance or   3,261        

data from any government or private agency or individual.          3,262        

      Sec. 3715.03.  The director of agriculture, in the           3,271        

performance of his PERFORMING duties UNDER THIS CHAPTER, may       3,273        

enter a creamery, factory, store salesroom, drugstore PHARMACY,    3,274        

laboratory, or other place where he THE DIRECTOR believes or has   3,275        

reason to believe drugs, food, or drink is made, prepared,         3,277        

dispensed, sold, or offered for sale; examine the books therein;   3,278        

and open a cask, tub, jar, bottle, or other package containing or               

supposed to contain a drug or an article of food or drink and      3,279        

examine THE CONTENTS or cause THEM to be examined and analyzed     3,281        

the contents thereof.                                                           

      Sec. 3715.52.  (A)  As used in sections 3715.52 to 3715.72   3,290        

of the Revised Code, "practitioner" has the same meaning as in     3,291        

section 4729.02 of the Revised Code.                               3,292        

      (B)  The following acts and causing them are prohibited:     3,294        

                                                          75     

                                                                 
      (1)  The manufacture, sale, or delivery, holding or          3,296        

offering for sale of any food, drug, device, or cosmetic that is   3,297        

adulterated or misbranded;                                         3,298        

      (2)  The adulteration or misbranding of any food, drug,      3,300        

device, or cosmetic;                                               3,301        

      (3)  The receipt in commerce of any food, drug, device, or   3,303        

cosmetic that is adulterated or misbranded, and the delivery or    3,304        

proffered delivery thereof for pay or otherwise;                   3,305        

      (4)  The sale, delivery for sale, holding for sale, or       3,307        

offering for sale of any article in violation of section 3715.61   3,308        

or 3715.65 of the Revised Code;                                    3,309        

      (5)  The dissemination of any false advertisement;           3,311        

      (6)  The refusal to permit entry or inspection, or to        3,313        

permit the taking of a sample, as authorized by section 3715.70    3,314        

of the Revised Code;                                               3,315        

      (7)  The giving of a guaranty or undertaking which guaranty  3,317        

or undertaking THAT is false, except by a person who relied on a   3,318        

guaranty or undertaking to the same effect signed by, and          3,319        

containing the name and address of the person residing in this     3,320        

state from whom the person received in good faith the food, drug,  3,322        

device, or cosmetic;                                               3,323        

      (8)  The removal or disposal of a detained or embargoed      3,325        

article in violation of section 3715.55 of the Revised Code;       3,326        

      (9)  The alteration, mutilation, destruction, obliteration,  3,328        

or removal of the whole or any part of the labeling of, or the     3,329        

doing of any other act with respect to a food, drug, device, or    3,330        

cosmetic, if such THE act is done while such THE article is held   3,332        

for sale and results in such THE article being misbranded;         3,333        

      (10)  Forging, counterfeiting, simulating, or falsely        3,335        

representing, or without proper authority using any mark, stamp,   3,336        

tag, label, or other identification device authorized or required  3,337        

by regulations promulgated under RULES ADOPTED PURSUANT TO         3,338        

sections 3715.52 to 3715.72 of the Revised Code;                   3,340        

      (11)  The using, on the labeling of any drug or in any       3,342        

                                                          76     

                                                                 
advertisement relating to such A drug, of any representation or    3,343        

suggestion that any application with respect to such THE drug is   3,344        

effective under section 3715.65 of the Revised Code or that such   3,345        

THE drug complies with the provisions of such THAT section;        3,347        

      (12)  The sale, offering for sale, giving away, or delivery  3,349        

at retail or to the consumer without a prescription from a         3,350        

practitioner of any drug which under federal or Ohio law can be    3,351        

sold only on prescription;                                         3,352        

      (13)  The using by any person to the person's own            3,354        

advantage, or revealing, other than to the director of             3,355        

agriculture or to the courts when relevant in any judicial         3,356        

proceeding under sections 3715.52 to 3715.72 of the Revised Code,  3,357        

any information acquired under authority of sections 3715.01 and   3,358        

3715.52 to 3715.72 of the Revised Code, concerning any             3,359        

information which THAT as a trade secret is entitled to            3,360        

protection;                                                                     

      (14)(13)  The issuance by the manufacturer, packer, or       3,362        

distributor of a dangerous drug of any advertisements,             3,363        

catalogues, or price lists, except those lists specifically        3,364        

designed for disseminating price change information, that do not   3,365        

contain in clearly legible form the name and place of business of  3,366        

the manufacturer who mixed the final ingredients and if            3,367        

different, the manufacturer who produced the drug in its finished  3,368        

dosage form and, if different, the packer or distributor.          3,369        

      (C)(B)(1)  No person at a flea market shall sell, offer for  3,371        

sale, or knowingly permit the sale of any of the following         3,372        

products:                                                          3,373        

      (a)  Baby food, infant formula, or similar products;         3,376        

      (b)  Any drug, cosmetic, or device;                          3,378        

      (c)  Any product on which is printed or stamped an           3,380        

expiration date or a date recommended by the manufacturer as       3,381        

either the last day on which the product should be offered for     3,382        

sale or the last day on which the product should be used.          3,383        

      (2)  Division (C)(B)(1) of this section does not apply to a  3,386        

                                                          77     

                                                                 
person who keeps available for public inspection an                3,387        

identification card identifying the person as an authorized        3,388        

representative of the manufacturer or distributor of any drug,     3,389        

cosmetic, or device, as long as the card is not false,             3,391        

fraudulent, or fraudulently obtained.                                           

      (3)  Division (C)(B)(1)(c) of this section does not apply    3,394        

to a person or governmental entity that is licensed as a food      3,395        

service operation under Chapter 3732. of the Revised Code or is    3,396        

listed in division (A)(9) or (12) of section 3732.01 of the        3,397        

Revised Code.                                                                   

      (4)  As used in division (C)(B)(1) of this section, "flea    3,400        

market" means any location, other than a permanent retail store,                

at which space is rented or otherwise made available to others     3,401        

for the conduct of business as transient or limited vendors as     3,402        

defined in section 5739.17 of the Revised Code.                    3,403        

      Sec. 3715.53.  In addition to the remedies provided and      3,412        

irrespective of whether or not there exists an adequate remedy at  3,413        

law, the director of agriculture or the STATE board of pharmacy    3,414        

is hereby authorized to apply to the court of common pleas in the  3,416        

county wherein any of the provisions of section 3715.52 of the     3,417        

Revised Code are being violated for a temporary or permanent                    

injunction restraining any person from such COMMITTING THE         3,418        

violation.                                                         3,419        

      Sec. 3715.54.  (A)  No person shall be subject to the        3,428        

penalties prescribed in section 3715.99 of the Revised Code for    3,429        

violating division (B)(A)(1) or (3) of section 3715.52 of the      3,431        

Revised Code if he THE PERSON established a guaranty or            3,432        

undertaking signed by, and containing the name and address of the  3,433        

person residing in this state from whom he THE PERSON received in  3,434        

good faith the article, to the effect that such THE article is     3,436        

not adulterated or misbranded within the meaning of sections       3,438        

3715.01 and 3715.52 to 3715.72 of the Revised Code.                             

      (B)  No publisher, radio-broadcast licensee, or agency or    3,440        

medium for the dissemination of an advertisement, except the       3,441        

                                                          78     

                                                                 
manufacturer, packer, distributor, or seller of the article to     3,442        

which a false advertisement relates, shall be liable under this    3,443        

section by reason of the dissemination by him of such A false      3,444        

advertisement.                                                                  

      Sec. 3715.55.  (A)  As used in this section, "expired"       3,454        

means:                                                                          

      (1)  In the case of a drug, that the expiration date         3,456        

required by 21 C.F.R. 211.137 has passed;                          3,457        

      (2)  In the case of infant formula, the "use by" date        3,459        

required by 21 C.F.R. 107.20 has passed;                           3,462        

      (3)  In the case of baby food, that any expiration date,     3,464        

"use by" date, or sale date established by state or federal law    3,465        

or marked on the container by the manufacturer, processor, or      3,466        

packager has passed.                                               3,467        

      (B)  Whenever the director of agriculture or the STATE       3,470        

board of pharmacy finds or has cause to believe, that any food,    3,471        

drug, device, or cosmetic is adulterated, or so misbranded as to   3,472        

be dangerous or fraudulent, within the meaning of sections                      

3715.01 and 3715.52 to 3715.72 of the Revised Code, or that a      3,474        

drug, infant formula, or baby food is expired, the director or     3,475        

board shall affix to such THE article a tag or other appropriate   3,476        

marking, giving notice that such THE article is, or is suspected   3,477        

of being, adulterated, misbranded, or expired and has been         3,480        

detained or embargoed, and warning all persons not to remove or    3,481        

dispose of such THE article by sale or otherwise until permission  3,482        

for removal or disposal is given by the director or the board or   3,484        

the court.  No person may remove or dispose of such A detained or  3,485        

embargoed article by sale or otherwise without such permission.    3,486        

      (C)  When an article detained or embargoed has been found    3,488        

by the director or the board of pharmacy to be adulterated,        3,489        

misbranded, or expired, the director or board shall petition the   3,491        

municipal or county court in whose jurisdiction the article is     3,492        

detained or embargoed for an order for condemnation of such THE    3,493        

article.  When the director or the board has not found within ten  3,495        

                                                          79     

                                                                 
days that an article so detained or embargoed is adulterated,      3,496        

misbranded, or expired, the director or board shall remove the     3,498        

tag or other marking.                                                           

      (D)  If the court finds that a detained or embargoed         3,500        

article is adulterated, misbranded, or expired, such THE article   3,502        

shall, after entry of the decree, be destroyed at the expense of   3,503        

the claimant thereof, under the supervision of the director or     3,504        

the board, and all court costs, fees, storage, and other proper    3,505        

expenses shall be taxed against the claimant of such THE article   3,506        

or the claimant's agent; provided, that when the adulteration or   3,509        

misbranding can be corrected by proper labeling or processing of   3,511        

the article, the court, after entry of the decree and after such   3,512        

costs, fees, and expenses have been paid and a good and            3,513        

sufficient bond, conditioned that such THE article shall be so     3,514        

labeled or processed, has been executed, may by order direct that  3,516        

such THE article be delivered to the claimant thereof for such     3,517        

labeling or processing under the supervision of the director or    3,518        

the board.  The expense of such supervision shall be paid by the   3,519        

claimant.  Such THE bond shall be returned to the claimant of the  3,521        

article on representation to the court by the director or the      3,522        

board that the article is no longer in violation of sections       3,524        

3715.01 and 3715.52 to 3715.72 of the Revised Code, and that the   3,526        

expenses of such supervision have been paid.                                    

      (E)  Whenever the director finds in any room, building,      3,528        

vehicle of transportation, or other structure, any meat, sea       3,529        

food, poultry, vegetable, fruit, or other perishable articles      3,530        

which THAT are unsound, or contain any filthy, decomposed, or      3,531        

putrid substance, or which THAT may be poisonous or deleterious    3,533        

to health or otherwise unsafe, such THE articles are declared to   3,535        

be a nuisance, and the director shall forthwith condemn or         3,537        

destroy the same ARTICLES, or in any other manner render the same  3,539        

ARTICLES unsalable as human food.                                  3,540        

      Sec. 3715.56.  The attorney general, prosecuting attorney,   3,549        

or city director of law to whom the director of agriculture or     3,550        

                                                          80     

                                                                 
the STATE board of pharmacy reports any violation of sections      3,552        

3715.01 and 3715.52 to 3715.72 of the Revised Code, shall cause    3,553        

appropriate proceedings to be instituted in the proper court                    

without delay and to be prosecuted in the manner required by law.  3,554        

Before THE DIRECTOR OF AGRICULTURE, BEFORE REPORTING any           3,555        

violation of sections 3715.01 and 3715.52 to 3715.72 of the        3,556        

Revised Code, is reported to any such attorney for the             3,557        

institution of a criminal proceeding, SHALL GIVE the person        3,558        

against whom the proceeding is contemplated shall be given         3,559        

appropriate notice and an opportunity to present his views         3,560        

TESTIMONY before the director or the board of pharmacy, either     3,561        

orally or in writing, in person, or by attorney, with regard to    3,562        

the contemplated proceeding.                                                    

      Sec. 3715.57.  Nothing in sections 3715.01 and 3715.52 to    3,571        

3715.72, inclusive, of the Revised Code, shall be construed as     3,573        

requiring the director of agriculture or the STATE board of        3,574        

pharmacy to report minor violations for the institution of         3,576        

proceedings under sections 3715.01 and 3715.52 to 3715.72,                      

inclusive, of the Revised Code, whenever the director or the       3,577        

board of pharmacy believes that the public interest will be        3,579        

adequately served in the circumstances by a suitable written       3,580        

notice or warning.                                                              

      Sec. 3715.58.  The director of agriculture shall promulgate  3,589        

regulations ADOPT RULES fixing and establishing for any food or    3,590        

class of food a reasonable definition and standard of identity, a  3,592        

reasonable standard of quality, and a fill of container whenever   3,593        

in his THE DIRECTOR'S judgment such action will promote honesty    3,594        

and fair dealing in the interest of consumers.  In prescribing a   3,595        

definition and standard of identity for any food or class of food  3,596        

in which optional ingredients are permitted, the director shall    3,597        

designate the optional ingredients which shall THAT ARE REQUIRED   3,598        

TO be named on the label.  The definitions and standards so        3,600        

promulgated ADOPTED shall conform so AS far as practicable to the  3,602        

definitions and standards promulgated under authority of the       3,603        

                                                          81     

                                                                 
"Federal Food, Drug, and Cosmetic Act.," 52 STAT. 1040 (1938), 21  3,604        

U.S.C.A. 301, AS AMENDED.                                          3,605        

      Sec. 3715.59.  Food is adulterated within the meaning of     3,614        

sections 3715.01 and 3715.52 to 3715.72, inclusive, of the         3,615        

Revised Code, if ANY OF THE FOLLOWING APPLY:                       3,616        

      (A)  It bears or contains any poisonous or deleterious       3,618        

substance which THAT may render it injurious to health; but in     3,620        

case the substance is not an added substance, such THE food shall  3,621        

not be considered adulterated if the quantity of such THE          3,623        

substance in such THE food does not ordinarily render it           3,624        

injurious to health.                                                            

      (B)  It bears or contains any added poisonous or added       3,626        

deleterious substance which THAT is unsafe within the meaning of   3,627        

section 3715.62 of the Revised Code.                               3,628        

      (C)  It consists in whole or in part of a diseased,          3,630        

contaminated, filthy, putrid, or decomposed substance, or if it    3,631        

is otherwise unfit for food.                                                    

      (D)  It has been produced, processed, prepared, packed, or   3,633        

held under insanitary UNSANITARY conditions whereby it may have    3,634        

become contaminated with filth, or whereby it may have been        3,635        

rendered diseased, unwholesome, or injurious to health.            3,636        

      (E)  It is the product of a diseased animal or an animal     3,638        

which THAT has died otherwise than by slaughter, or AN ANIMAL      3,640        

that has been fed upon the uncooked offal from a slaughterhouse.   3,642        

      (F)  Its container is composed, in whole or in part, of any  3,644        

poisonous or deleterious substance which THAT may render the       3,645        

contents injurious to health.                                      3,646        

      (G)  Any valuable constituent has been, in whole or in       3,648        

part, omitted or abstracted therefrom FROM THE FOOD.               3,649        

      (H)  Any substance has been substituted wholly or in part    3,651        

therefor FOR THE FOOD.                                             3,652        

      (I)  Damage or inferiority has been concealed in any         3,654        

manner.                                                                         

      (J)  Any substance has been added thereto TO or mixed or     3,656        

                                                          82     

                                                                 
packed therewith WITH THE FOOD so as to increase its bulk or       3,658        

weight, or reduce its quality or strength, or make it appear       3,660        

better or of greater value than it is.                                          

      (K)  It is confectionery, and it bears or contains any       3,662        

alcohol or nonnutritive article or substance except OTHER THAN     3,664        

harmless coloring, harmless flavoring, harmless resinous glaze     3,666        

not in excess of four-tenths of one per cent, harmless natural                  

wax not in excess of four-tenths of one per cent, harmless         3,667        

natural gum, and OR pectin; provided, EXCEPT that this division    3,669        

shall not apply to any confectionery by reason of its containing   3,671        

less than one-half of one per cent by volume of alcohol derived    3,672        

solely from the use of flavoring extracts, or to any chewing gum   3,673        

by reason of its containing harmless nonnutritive masticatory                   

substances.                                                        3,674        

      (L)  It bears or contains a coal-tar color other than one    3,676        

from a batch which has been certified under authority of the       3,678        

"Federal Food, Drug, and Cosmetic Act.," 52 STAT. 1040 (1938), 21  3,679        

U.S.C.A. 301, AS AMENDED.                                          3,680        

      Sec. 3715.63.  A drug or device is adulterated within the    3,689        

meaning of sections 3715.01 and 3715.52 to 3715.72, inclusive, of  3,690        

the Revised Code, if ANY OF THE FOLLOWING APPLY:                   3,691        

      (A)  It consists, in whole or in part, of any filthy,        3,693        

putrid, or decomposed substance.                                   3,694        

      (B)  It has been produced, processed, prepared, packed, or   3,696        

held under insanitary UNSANITARY conditions whereby it may have    3,697        

been contaminated with filth, or whereby it may have been          3,699        

rendered injurious to health.                                                   

      (C)  It is a drug and its container is composed, in whole    3,701        

or in part, of any poisonous or deleterious substance which THAT   3,702        

may render the contents injurious to health.                       3,704        

      (D)  It is a drug and it bears or contains, for purposes of  3,706        

coloring only, a coal-tar color other than one from a batch        3,707        

certified under the authority of the "Federal Food, drug DRUG,     3,709        

and Cosmetic Act.," 52 STAT. 1040 (1938), 21 U.S.C.A. 301, AS      3,711        

                                                          83     

                                                                 
AMENDED.                                                                        

      (E)  It purports to be or is represented as a drug the name  3,713        

of which is recognized in an official compendium THE UNITED        3,715        

STATES PHARMACOPOEIA AND NATIONAL FORMULARY, OR ANY SUPPLEMENT TO  3,717        

THEM, and its strength differs from, or its quality or purity      3,718        

falls below the standard set forth in such compendium THOSE        3,719        

COMPENDIUMS.  Such A determination as to strength, quality, or     3,720        

purity shall be made in accordance with the tests or methods of    3,721        

assay set forth in such compendium THE COMPENDIUMS, or in the      3,722        

absence or inadequacy of such tests or methods of assay,  those    3,723        

prescribed under the authority of the federal act "FEDERAL FOOD,   3,725        

DRUG, AND COSMETIC ACT."  No A drug defined RECOGNIZED in an       3,726        

official compendium THE COMPENDIUMS is NOT adulterated under this  3,727        

division because it differs from the standard of strength,         3,730        

quality, or purity therefor set forth FOR THAT DRUG in such        3,731        

compendium THE COMPENDIUMS, if its THE difference in strength,     3,733        

quality, or purity from such standard is plainly stated on its     3,735        

label.  Whenever a drug is recognized in both the United States    3,736        

pharmacopoeia and the homoeopathic pharmacopoeia of the United     3,738        

States AND IN THE UNITED STATES PHARMACOPOEIA AND NATIONAL         3,739        

FORMULARY, INCLUDING THEIR SUPPLEMENTS, it shall be subject to     3,740        

the requirements of the United States pharmacopoeia AND NATIONAL   3,742        

FORMULARY unless it is labeled and offered for sale as a                        

homoeopathic drug, in which case it shall be subject to the        3,744        

provisions of the homoeopathic pharmacopoeia of the United States  3,745        

and not to those of the United States pharmacopoeia AND NATIONAL   3,746        

FORMULARY.                                                                      

      (F)  It is not subject to the provisions of division (E) of  3,748        

this section, and its strength differs from, or its purity or      3,749        

quality falls below that which it purports or is represented to    3,751        

possess.                                                                        

      (G)  It is a drug and any substance has been:                3,753        

      (1)  Mixed or packed therewith WITH THE DRUG so as to        3,755        

reduce its THE DRUG'S quality or strength;                         3,756        

                                                          84     

                                                                 
      (2)  Substituted wholly or in part therefor FOR THE DRUG.    3,758        

      Sec. 3715.64.  (A)  A drug or device is misbranded within    3,767        

the meaning of sections 3715.01 and 3715.52 to 3715.72 of the      3,768        

Revised Code, if ANY OF THE FOLLOWING APPLY:                       3,769        

      (1)  Its labeling is false or misleading in any particular.  3,771        

      (2)  It is in package form and does not bear a label         3,773        

containing BOTH OF THE FOLLOWING:                                  3,774        

      (a)  In clearly legible form, the name and place of          3,776        

business of the manufacturer, packer, or distributor;              3,777        

      (b)  An accurate statement of the quantity of the contents   3,779        

in terms of weight, measure, or numerical count; but reasonable    3,780        

variations shall be permitted, and exemptions as to small          3,781        

packages shall be established by regulations prescribed RULES      3,782        

ADOPTED by the director of agriculture.                            3,783        

      (3)  It is a dangerous drug and does not bear a label        3,785        

containing in clearly legible form the name and place of business  3,786        

of the manufacturer of the finished dosage form and, if            3,787        

different, the packer or distributor.                              3,788        

      (4)  It is a dangerous drug in finished solid oral dosage    3,790        

form, unless AND it has DOES NOT HAVE clearly and prominently      3,792        

marked or imprinted on it an individual symbol, company name,      3,793        

national drug code number or other number, words, letters, or any  3,794        

combination thereof, identifying the drug and its manufacturer or  3,795        

distributor.  This requirement does not apply to drugs that are    3,796        

compounded by a registered LICENSED pharmacist.  The manufacturer  3,798        

or distributor of each such drug shall make available to the       3,799        

state board of pharmacy descriptive material identifying the mark  3,800        

or imprint used by the manufacturer or distributor.  The board of  3,801        

pharmacy shall provide this information to all poison control      3,802        

centers in the THIS state.  Upon application by a manufacturer or  3,804        

distributor, the board may exempt a drug from the requirements of  3,805        

this division on the grounds that marking or imprinting such       3,806        

drugs THE DRUG is not feasible because of its size, texture, or    3,807        

other unique characteristic.                                       3,809        

                                                          85     

                                                                 
      (5)  Any word, statement, or other information THAT IS       3,811        

required by or under authority of sections 3715.01 and 3715.52 to  3,812        

3715.72 of the Revised Code, to appear on the label or labeling    3,813        

is not prominently placed thereon with such conspicuousness ON     3,814        

THE LABEL OR LABELING IN A CONSPICUOUS MANNER, as compared with    3,816        

other words, statements, designs, or devices, in ON the LABEL OR   3,817        

labeling, and in such terms as to THAT render it likely to be      3,818        

read and understood by the ordinary individual under customary     3,819        

conditions of purchase and use.                                    3,820        

      (6)  It is for HUMAN use by man and contains any quantity    3,822        

of the narcotic or hypnotic substance alpha-eucaine, barbituric    3,823        

acid, beta-eucaine, bromal, cannabis, cabromal, chloral, coca,     3,824        

cocaine, codeine, heroin, marijuana, morphine, opium,              3,825        

paraldehyde, peyote, or sulphonmethane, or any chemical            3,826        

derivative of such substance, which derivative has been found by   3,827        

the director OF AGRICULTURE to be, and by regulations proposed by  3,829        

the director and adopted by the public health council designated   3,830        

as, habit forming AND DESIGNATED AS SUCH IN RULES ADOPTED BY THE   3,831        

DIRECTOR, unless its label bears the name and quantity or          3,833        

proportion of such substance or derivative and in juxtaposition    3,834        

therewith the statement "Warning -- May be habit forming."         3,835        

      (7)  It is a drug and it is not designated solely by a name  3,837        

recognized in an official compendium THE UNITED STATES             3,839        

PHARMACOPOEIA AND NATIONAL FORMULARY, OR ANY SUPPLEMENT TO THEM,   3,841        

unless its label bears:                                                         

      (a)  The common or usual name of the drug, if any;           3,843        

      (b)  In case it is fabricated from two or more ingredients,  3,845        

the common or usual name of each active ingredient THE DRUG        3,846        

CONTAINS, including the kind and quantity or proportion of any     3,848        

alcohol, and also including whether active or not, the name and    3,849        

quantity or proportion of any bromides, ether, chloroform,         3,850        

acetanalid, acetophenetidin, aminopyrine, atropine, hyoscine,      3,851        

hyoscyamine, arsenic, digitalis, digitalis glycosides, mercury,    3,852        

ouabain, strophanthin, strychnine, thyroid, or any derivative or   3,853        

                                                          86     

                                                                 
preparation of any such substances, contained therein; but to the  3,854        

extent that compliance with these requirements is impracticable,   3,855        

exemptions shall be established by regulations proposed by the     3,856        

director and RULES adopted by the public health council DIRECTOR   3,858        

OF AGRICULTURE.                                                                 

      (8)  Its labeling does not bear THE FOLLOWING:               3,860        

      (a)  Adequate directions for use OF THE DRUG OR DEVICE,      3,862        

EXCEPT THAT WHEN COMPLIANCE WITH THIS REQUIREMENT IS NOT           3,863        

NECESSARY FOR A PARTICULAR DRUG OR DEVICE TO PROTECT THE PUBLIC    3,864        

HEALTH, THE DIRECTOR SHALL ADOPT RULES EXEMPTING THE DRUG OR       3,865        

DEVICE FROM THE REQUIREMENT;                                                    

      (b)  Such adequate ADEQUATE warnings against use in those    3,867        

pathological conditions or by children where WHEN its use may be   3,868        

dangerous to health, or against unsafe dosage or methods or        3,869        

duration of administration or application, PRESENTED in such A     3,871        

manner and form, as are necessary for the protection of users;     3,872        

      (c)  Where compliance with any requirements of division      3,874        

(A)(8)(a) of this section, as applied to any drug or device, is    3,875        

not necessary for the protection of the public health, the         3,876        

director shall propose and the public health council shall adopt   3,877        

regulations exempting such drug or device from such requirements.  3,878        

      (9)  It purports to be a drug the name of which is           3,880        

recognized in an official compendium, unless THE UNITED STATES     3,882        

PHARMACOPOEIA AND NATIONAL FORMULARY, OR ANY SUPPLEMENT TO THEM,   3,883        

AND it is NOT packaged and labeled as prescribed therein, but IN   3,884        

THOSE COMPENDIUMS, EXCEPT THAT the method of packing may be        3,885        

modified with the consent of the director OF AGRICULTURE.          3,886        

Whenever a drug is recognized in both the United States            3,888        

pharmacopoeia and the homoeopathic pharmacopoeia of the United     3,889        

States AND IN THE UNITED STATES PHARMACOPOEIA AND NATIONAL         3,890        

FORMULARY, INCLUDING THEIR SUPPLEMENTS, it shall be subject to     3,893        

the requirements of the United States pharmacopoeia AND NATIONAL   3,894        

FORMULARY with respect to packaging and labeling unless it is      3,895        

labeled and offered for sale as a homoeopathic drug, in which      3,896        

                                                          87     

                                                                 
case it shall be subject to the provisions of the homoeopathic     3,897        

pharmacopoeia of the United States, and not to those of the        3,898        

United States pharmacopoeia AND NATIONAL FORMULARY.                3,899        

      (10)  It has been found by the director OF AGRICULTURE to    3,901        

be a drug liable to deterioration, unless it is packaged in such   3,903        

THE form and manner, and its label bears a statement of such       3,905        

precautions, as required by regulations proposed by the director   3,906        

and RULES adopted by the public health council DIRECTOR as         3,908        

necessary for the protection of public health.  No such            3,909        

regulation RULE shall be established for any drug recognized in    3,910        

an official compendium THE UNITED STATES PHARMACOPOEIA AND         3,911        

NATIONAL FORMULARY, OR ANY SUPPLEMENTS TO THEM, until the          3,913        

director has informed the appropriate body BODIES charged with     3,914        

the revision of such compendium THOSE COMPENDIUMS of the need for  3,915        

such packaging or labeling requirements and such body has THOSE    3,917        

BODIES HAVE failed within a reasonable time to prescribe such      3,918        

requirements.                                                      3,919        

      (11)(a)  It is a drug and its container is so made, formed,  3,921        

or filled as to be misleading.                                     3,922        

      (b)  It is an imitation of another drug.                     3,924        

      (c)  It is offered for sale under the name of another drug.  3,926        

      (d)  The drug sold or dispensed is not the brand or drug     3,928        

specifically prescribed or ordered or, when dispensed by a         3,929        

pharmacist upon prescription, is neither the brand or drug         3,930        

prescribed nor a generically equivalent drug.                      3,931        

      (12)  It is dangerous to health when used in the dosage, or  3,933        

with the frequency or duration prescribed, recommended, or         3,934        

suggested in the ITS labeling thereof.                             3,935        

      (13)  It is a drug intended for HUMAN use by man TO which    3,937        

THE FOLLOWING APPLY:                                               3,938        

      (a)  Because of its toxicity or other potentiality for       3,940        

harmful effect, or the method of its use, or the collateral        3,941        

measures necessary to its use, THE DRUG is not safe for use        3,942        

except under the supervision of a practitioner, or person          3,944        

                                                          88     

                                                                 
licensed to prescribe any drug which, under the federal act,       3,945        

federal narcotic law, as defined in section 4729.02 of the         3,946        

Revised Code, and under sections 3715.01 to 3715.75, or Chapter    3,947        

3719. of the Revised Code, may be dispensed only upon a            3,948        

prescription LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE  3,949        

DRUGS;                                                             3,950        

      (b)  Is THE DRUG IS limited by an effective application      3,952        

under section 505 of the "Federal Food, Drug, and Cosmetic Act,"   3,953        

52 STAT. 1040 (1938), 21 U.S.C.A. 301, AS AMENDED, to use under    3,955        

professional supervision by a practitioner LICENSED HEALTH                      

PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, unless it is           3,956        

dispensed only:                                                                 

      (i)  Upon a written OR ELECTRONIC prescription of a          3,958        

practitioner;                                                      3,959        

      (ii)  Upon the AN oral prescription of a practitioner,       3,962        

which is reduced promptly to writing by the pharmacist;            3,964        

      (iii)  By refilling any such written or oral A prescription  3,966        

if such refilling is authorized by the prescriber either in the    3,967        

original prescription or by oral order, which is promptly reduced  3,968        

to writing by the pharmacist.                                      3,969        

      (B)  Any drug dispensed by filling or refilling PURSUANT TO  3,971        

a written, ELECTRONIC, or oral prescription of a practitioner, or  3,973        

person licensed to prescribe any drug which, under the federal     3,975        

act, federal narcotic law, as defined in section 4729.02 of the    3,976        

Revised Code, or under sections 3715.01 to 3715.75, or Chapter     3,977        

3719. of the Revised Code, may be dispensed only upon a            3,978        

prescription LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE  3,979        

DRUGS shall be exempt from the requirements of division (A) of     3,982        

this section, except divisions (A)(1) and (11) of this section,    3,983        

if the drug bears a label containing the name and address of the   3,984        

dispenser, the serial number and THE date of the prescription or   3,986        

its filling IS DISPENSED, the name of the prescriber, and, if      3,987        

stated in the prescription, the name of the patient, and, IF       3,988        

STATED IN THE PRESCRIPTION, the directions for use and cautionary  3,989        

                                                          89     

                                                                 
statements, if any, contained in the prescription.  Unless the     3,990        

prescription directions prohibit labeling, the label shall         3,991        

include the brand name of the drug dispensed.  If the drug         3,992        

dispensed has no brand name, the generic name and the distributor  3,993        

of the finished dosage form shall be included.  This exemption     3,994        

shall not apply to any drug dispensed in the course of the                      

conduct of a business of dispensing drugs pursuant to diagnosis    3,995        

by mail.                                                                        

      Sec. 3715.65.  (A)  No person shall sell, deliver, offer     4,004        

for sale, hold for sale, or give away any new drug unless:         4,005        

      (1)  An application with respect thereto TO THE DRUG has     4,007        

become effective under section 505 of the "Federal Food, Drug,     4,008        

and Cosmetic Act.," 52 STAT. 1040 (1938), 21 U.S.C.A. 301, AS      4,010        

AMENDED.                                                                        

      (2)  When such IF THE drug is not subject to the federal     4,012        

act unless it "FEDERAL FOOD, DRUG, AND COSMETIC ACT," THE DRUG     4,014        

has been tested and has been found to be safe for use under the    4,016        

conditions prescribed, recommended, or suggested in the ITS        4,017        

labeling thereof, and, prior to selling THE DRUG or offering IT    4,019        

for sale such drug, there has been filed with the director of      4,020        

agriculture an application setting forth ALL OF THE FOLLOWING:     4,021        

      (a)  Full reports of investigations which THAT have been     4,023        

made to show whether or not such THE drug is safe for use;         4,024        

      (b)  A full list of the articles used as components of such  4,026        

THE drug;                                                          4,027        

      (c)  A full statement of the DRUG'S composition of such      4,029        

drug;                                                                           

      (d)  A full description of the methods used in, and the      4,031        

facilities and controls used for, the manufacture, processing,     4,032        

and packing of such THE drug;                                      4,033        

      (e)  Such samples of such SAMPLES, AS THE DIRECTOR MAY       4,035        

REQUIRE, OF THE drug and of the articles used as components        4,037        

thereof as the director may require OF THE DRUG;                                

      (f)  Specimens of the labeling proposed to be used for such  4,039        

                                                          90     

                                                                 
THE drug.                                                          4,040        

      (B)  An application provided for in division (A)(2) of this  4,042        

section shall become effective sixty days after the filing         4,043        

thereof IT IS FILED, except that if the director finds after due   4,044        

notice to the applicant and after giving him THE APPLICANT an      4,046        

opportunity for a hearing, that the drug is not safe for use       4,048        

under the conditions prescribed, recommended, or suggested in the  4,049        

DRUG'S proposed labeling thereof, he THE DIRECTOR shall, prior to  4,050        

the effective date of the application, issue an order refusing to  4,051        

permit the application to become effective.  THE ORDER MAY BE      4,052        

REVOKED BY THE DIRECTOR.                                                        

      (C)  This section does not apply to THE FOLLOWING:           4,054        

      (1)  A drug intended solely for investigational use by       4,056        

experts qualified by scientific training and experience to         4,057        

investigate the safety in OF drugs provided THAT the drug is       4,059        

plainly labeled "For investigational use only";                    4,060        

      (2)  A drug sold in this state at any time prior to the      4,062        

enactment of sections 3715.01 and 3715.52 to 3715.72, inclusive,   4,063        

of the Revised Code, or introduced into interstate commerce at     4,064        

any time prior to the enactment of the federal act "FEDERAL FOOD,  4,066        

DRUG, AND COSMETIC ACT";                                           4,067        

      (3)  Any drug which THAT is licensed under the "Public       4,069        

Health Service Act," of July 1, 1944 (42 U.S.C. Supp. V 201) 58    4,071        

STAT. 682 (1944), 42 U.S.C.A. 301, AS AMENDED, or under the        4,073        

"Animal Virus-Serum-Toxin Law ACT," of March 4, 1913 (21 U.S.C.    4,074        

151) 37 STAT. 832 (1913), 21 U.S.C.A. 151, AS AMENDED.             4,075        

      (D)  An order refusing to permit an application under this   4,077        

section to become effective may be revoked by the director.        4,078        

      Sec. 3715.66.  (A)  A cosmetic is adulterated within the     4,087        

meaning of sections 3715.01 and 3715.52 to 3715.72, inclusive, of  4,089        

the Revised Code, if ANY OF THE FOLLOWING APPLIES:                 4,090        

      (A)(1)  It bears or contains any poisonous or deleterious    4,092        

substance which THAT may render it injurious to users under the    4,094        

conditions of use prescribed in the labeling or advertisement      4,095        

                                                          91     

                                                                 
thereof OF THE COSMETIC, or under such conditions of use as THAT   4,096        

are customary or usual; provided, EXCEPT that this provision does  4,097        

not apply to coal-tar hair dye, the IF BOTH OF THE FOLLOWING       4,099        

CONDITIONS ARE MET:                                                             

      (a)  THE label of which bears the following legend           4,101        

conspicuously displayed thereon: "Caution-This CAUTION:  THIS      4,104        

product contains ingredients which THAT may cause skin irritation  4,106        

on certain individuals and a preliminary test according to                      

accompanying directions should first be made.  This product must   4,107        

not be used for dyeing the eyelashes or eyebrows; to do so may     4,108        

cause blindness,." and the                                         4,109        

      (b)  THE  labeling of which bears adequate directions for    4,112        

such preliminary testing.  For the purpose of this division and    4,113        

division (E) of this section the term "hair dye" does not include  4,114        

eyelash dyes or eyebrows dyes.                                                  

      (B)(2)  It contains, in whole or in part, any filthy,        4,116        

putrid or decomposed substance.                                    4,118        

      (C)(3)  It has been produced, processed, prepared, packed,   4,120        

or held under insanitary UNSANITARY conditions whereby it may      4,122        

have become contaminated with filth, or whereby it may have been   4,124        

rendered injurious to health.                                                   

      (D)(4)  Its container is composed, in whole or in part, of   4,126        

any poisonous or deleterious substance which THAT may render the   4,128        

contents injurious to health.                                      4,129        

      (E)(5)  It is not a hair dye and it bears or contains a      4,131        

coal-tar color other than one from a batch which has been          4,133        

certified under authority of the "Federal Food, Drug, and          4,135        

Cosmetic Act.," 52 STAT. 1040 (1938), 21 U.S.C.A. 301, AS          4,137        

AMENDED.                                                                        

      (B)  FOR PURPOSES OF DIVISIONS (A)(1) AND (5) OF THIS        4,139        

SECTION, "HAIR DYE" DOES NOT INCLUDE EYELASH DYE OR EYEBROW DYE.   4,140        

      Sec. 3715.69.  The authority to adopt regulations RULES for  4,149        

the enforcement of section 3715.58, divisions (E), (G), (H), and   4,151        

(I) of section 3715.60, division (A) (2) of section 3715.64, and   4,152        

                                                          92     

                                                                 
section 3715.67 of the Revised Code is vested in the director of   4,153        

agriculture.  The authority to adopt regulations RULES for the     4,154        

enforcement of sections 3715.01 and 3715.52 to 3715.72,            4,155        

inclusive, of the Revised Code, excluding section 3715.58,         4,157        

divisions (E), (G), (H), and (I) of section 3715.60, division (A)  4,158        

(2) of section 3715.64, and section 3715.67 of the Revised Code,   4,159        

is vested in the public health council, provided that such         4,160        

regulations are first proposed for adoption by the director OF     4,161        

AGRICULTURE or the STATE board of pharmacy.  The regulations       4,163        

RULES adopted in so far as practicable shall conform with those    4,165        

promulgated under the "Federal Food, Drug, and Cosmetic Act.," 52  4,166        

STAT. 1040 (1938), 21 U.S.C.A. 301, AS AMENDED.                    4,167        

      Sec. 3715.70.  (A)  The director of agriculture or the       4,176        

STATE board of pharmacy shall have free access at all reasonable   4,178        

hours to any factory, warehouse, or establishment in which foods,  4,179        

drugs, devices, or cosmetics are manufactured, processed, packed,  4,180        

or held for introduction into commerce, or to enter any vehicle    4,181        

being used to transport or hold such foods, drugs, devices, or     4,182        

cosmetics in commerce, for the purpose FOLLOWING PURPOSES:         4,183        

      (A)  Of inspecting such (1)  TO INSPECT THE factory,         4,185        

warehouse, establishment, or vehicle to determine if any of the    4,187        

provisions of sections 3715.01 or 3715.52 to 3715.72, inclusive,   4,188        

of the Revised Code, are being violated;                           4,189        

      (B)(2)  To secure samples of specimens of any food, drug,    4,192        

device, or cosmetic after paying or offering to pay for such                    

sample.                                                            4,193        

      (B)  The director or the board of pharmacy shall make or     4,195        

cause to be made examinations of samples secured under the         4,196        

provisions of this section to determine whether or not any         4,197        

provisions of sections 3715.01 and 3715.52 to 3715.72, inclusive,  4,198        

of the Revised Code, are being violated.                           4,199        

      Sec. 3715.71.  (A)  The director of agriculture or the       4,208        

STATE board of pharmacy may cause to be published from time to     4,210        

time reports summarizing all judgments, decrees, and court orders  4,211        

                                                          93     

                                                                 
which THAT have been rendered under sections 3715.01 and 3715.52   4,213        

to 3715.72, inclusive, of the Revised Code, including the nature   4,214        

of the charge and the disposition thereof.                         4,215        

      (B)  The director or the board of pharmacy may also cause    4,217        

to be disseminated such ANY information regarding food, drugs,     4,220        

devices, and cosmetics as THAT the director or the board of        4,222        

pharmacy deems necessary in the interest of public health and the  4,224        

protection of the consumer against fraud.  Nothing                              

      NOTHING in this section shall be construed to prohibit the   4,227        

director or the board of pharmacy from collecting, reporting, and  4,229        

illustrating the results of the investigations of CONDUCTED BY     4,230        

the director or the board of pharmacy.                             4,231        

      Sec. 3715.73.  (A)  All fines or forfeited bonds assessed    4,240        

and collected under prosecution by the director of agriculture or  4,241        

prosecution commenced by the director in enforcement of sections   4,242        

3715.01 to 3715.72, inclusive, of the Revised Code, THIS CHAPTER   4,243        

shall, within thirty days, be paid to the director and by him THE  4,244        

DIRECTOR paid into the state treasury.                             4,245        

      (B)  All fines or forfeited bonds assessed and collected     4,247        

under prosecution by the STATE board of pharmacy or prosecution    4,248        

commenced by the board in enforcement of sections 3715.01 to       4,250        

3715.72, inclusive, of the Revised Code, THIS CHAPTER shall,       4,251        

within thirty days, be paid to the secretary EXECUTIVE DIRECTOR    4,252        

of the board and by him THE EXECUTIVE DIRECTOR paid into the       4,253        

state treasury.                                                    4,254        

      Sec. 3719.01.  As used in this chapter:                      4,263        

      (A)  "Administer" means the direct application of a drug,    4,265        

whether by injection, inhalation, ingestion, or any other means    4,266        

to a person or an animal.                                          4,267        

      (B)  "Board" means the state board of pharmacy established   4,269        

by section 4729.01 of the Revised Code.                            4,270        

      (C)  "Drug enforcement administration" means the drug        4,272        

enforcement administration of the United States department of      4,273        

justice or its successor agency.                                   4,274        

                                                          94     

                                                                 
      (D)(C)  "Controlled substance" means a drug, compound,       4,276        

mixture, preparation, or substance included in schedule I, II,     4,277        

III, IV, or V.                                                     4,278        

      (E)(D)  "Dangerous drug" has the same meaning as in section  4,280        

4729.02 of the Revised Code.                                       4,282        

      (F)(E)  "Dispense" means to sell, leave with, give away,     4,284        

dispose of, or deliver.                                            4,286        

      (G)(F)  "Distribute" means to deal in, ship, transport, or   4,288        

deliver but does not include administering or dispensing a drug.   4,289        

      (H)(G)  "Drug" has the same meaning as in section 4729.02    4,291        

of the Revised Code.                                               4,292        

      (I)(H)  "Drug abuse offense," "felony drug abuse offense,"   4,294        

"cocaine," and "hashish" have the same meanings as in section      4,296        

2925.01 of the Revised Code.                                       4,297        

      (J)(I)  "Federal drug abuse control laws" means the          4,299        

"Comprehensive Drug Abuse Prevention and Control Act of 1970," 84  4,300        

Stat. 1242, 21 U.S.C. 801, as amended.                             4,301        

      (K)(J)  "Hospital" means an institution for the care and     4,303        

treatment of the sick and injured that is certified by the         4,304        

department of health and approved by the state board of pharmacy   4,306        

as proper to be entrusted with the custody of controlled           4,307        

substances and the professional use of controlled substances       4,308        

under the direction of a practitioner or pharmacist.               4,309        

      (L)(K)  "Hypodermic" means a hypodermic syringe or needle,   4,311        

or other instrument or device for the injection of medication.     4,313        

      (M)(L)  "Isomer"," except as otherwise expressly stated,     4,316        

means the optial OPTICAL isomer.                                   4,317        

      (N)(M)  "Laboratory" means a laboratory approved by the      4,319        

state board of pharmacy as proper to be entrusted with the         4,320        

custody of controlled substances and the use of controlled         4,321        

substances for scientific and clinical purposes and for purposes   4,322        

of instruction.                                                                 

      (O)(N)  "Manufacturer" means a person who plants,            4,324        

cultivates, harvests, processes, makes, prepares, or otherwise     4,326        

                                                          95     

                                                                 
engages in any part of the production of MANUFACTURES a            4,327        

controlled substance by propagation, compounding, conversion, or   4,329        

processing, either directly or indirectly by extraction from       4,330        

substances of natural origin, or independently by means of         4,331        

chemical synthesis, or by a combination of extraction and          4,332        

chemical synthesis, and includes any packaging or repackaging of   4,333        

the substance or labeling or relabeling of its container and       4,334        

other activities incident to production, except that a             4,335        

"manufacturer" does not include a pharmacist who prepares,                      

compounds, packages, or labels a controlled substance as an        4,336        

incident to dispensing a controlled substance in accordance with   4,337        

a prescription and in the usual course of professional practice,   4,338        

AS "MANUFACTURE" IS DEFINED IN SECTION 3715.01 OF THE REVISED      4,339        

CODE.                                                                           

      (P)(O)  "Marihuana" means all parts of a plant of the genus  4,341        

cannabis, whether growing or not; the seeds of a plant of that     4,343        

type; the resin extracted from a part of a plant of that type;     4,344        

and every compound, manufacture, salt, derivative, mixture, or                  

preparation of a plant of that type or of its seeds or resin.      4,346        

"Marihuana" does not include the mature stalks of the plant,       4,348        

fiber produced from the stalks, oils or cake made from the seeds   4,349        

of the plant, or any other compound, manufacture, salt,            4,350        

derivative, mixture, or preparation of the mature stalks, except   4,351        

the resin extracted from the mature stalks, fiber, oil or cake,                 

or the sterilized seed of the plant that is incapable of           4,352        

germination.                                                                    

      (Q)(P)  "Narcotic drugs" means coca leaves, opium,           4,354        

isonipecaine, amidone, isoamidone, ketobemidone, as defined in     4,355        

this division, and every substance not chemically distinguished    4,356        

from them and every drug, other than cannabis, that may be         4,357        

included in the meaning of "narcotic drug" under the federal drug  4,358        

abuse control laws.  "Coca AS USED IN THIS DIVISION:               4,359        

      (1)  "COCA leaves" includes cocaine and any compound,        4,362        

manufacture, salt, derivative, mixture, or preparation of coca     4,363        

                                                          96     

                                                                 
leaves, except derivatives of coca leaves, that do DOES not        4,364        

contain cocaine, ecgonine, or substances from which cocaine or     4,365        

ecgonine may be synthesized or made.  "Isonipecaine                4,366        

      (2)  "ISONIPECAINE" means any substance identified           4,369        

chemically as 1-methyl-4-phenyl-piperidine-4-carboxylic acid       4,370        

ethyl ester, or any salt thereof, by whatever trade name           4,371        

designated.  "Amidone                                                           

      (3)  "AMIDONE" means any substance identified chemically as  4,374        

4-4-diphenyl-6-dimethylamino-heptanone-3, or any salt thereof, by  4,375        

whatever trade name designated.  "Isoamidone                       4,376        

      (4)  "ISOAMIDONE" means any substance identified chemically  4,379        

as 4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3, or any salt    4,380        

thereof, by whatever trade name designated.  "Ketobemidone         4,381        

      (5)  "KETOBEMIDONE" means any substance identified           4,384        

chemically as 4-(3-hydroxyphenyl)-1-methyl-4-piperidyl ethyl       4,385        

ketone hydrochloride, or any salt thereof, by whatever trade name  4,386        

designated.                                                        4,387        

      (R)  of that nature of that nature "Nurse" means a person    4,389        

licensed to engage in the practice of nursing in this state.       4,390        

      (S)(Q)  "Official written order" means an order written on   4,392        

a form provided for that purpose by the director of the United     4,393        

States drug enforcement administration, under any laws of the      4,394        

United States making provision for the order, if the order forms   4,395        

are authorized and required by federal law.                        4,396        

      (T)(R)  "Opiate" means any substance having an               4,398        

addiction-forming or addiction-sustaining liability similar to     4,399        

morphine or being capable of conversion into a drug having         4,400        

addiction-forming or addiction-sustaining liability.  "Opiate"     4,402        

does not include, unless specifically designated as controlled     4,403        

under section 3719.41 of the Revised Code, the dextrorotatory      4,404        

isomer of 3-methoxy-N-methylmorphinian and its salts               4,405        

(dextro-methorphan).  "Opiate" does include its racemic and        4,406        

levoratory forms.                                                               

      (U)(S)  "Opium poppy" means the plant of the species         4,408        

                                                          97     

                                                                 
papaver somniferum L., except its seeds.                           4,409        

      (V)(T)  "Person" means any individual, corporation,          4,411        

government, governmental subdivision or agency, business trust,    4,413        

estate, trust, partnership, association, or other legal entity.    4,414        

      (W)(U)  "Pharmacist" means a person registered with the      4,416        

board as a compounder and dispenser of drugs LICENSED UNDER        4,418        

CHAPTER 4729. OF THE REVISED CODE TO ENGAGE IN THE PRACTICE OF                  

PHARMACY.                                                                       

      (X)(V)  "Pharmacy" means any area, room, rooms, place of     4,419        

business, department, or portion of any of the foregoing, where    4,420        

prescriptions are filled or where drugs, dangerous drugs, or       4,421        

poisons are compounded, sold, offered, or displayed for sale,      4,422        

dispensed, or distributed to the public HAS THE SAME MEANING AS    4,423        

IN SECTION 4729.02 OF THE REVISED CODE.                            4,424        

      (W)  "POISON" MEANS ANY DRUG, CHEMICAL, OR PREPARATION       4,426        

LIKELY TO BE DELETERIOUS OR DESTRUCTIVE TO ADULT HUMAN LIFE IN     4,427        

QUANTITIES OF FOUR GRAMS OR LESS.                                  4,428        

      (Y)(X)  "Poppy straw" means all parts, except the seeds, of  4,430        

the opium poppy, after mowing.                                     4,431        

      (Z)  "Practitioner" means the following:                     4,433        

      (1)  A person who is licensed pursuant to Chapter 4715.,     4,435        

4731., or 4741. of the Revised Code and authorized by law to       4,436        

write prescriptions for drugs or dangerous drugs;                  4,437        

      (2)  An advanced practice nurse authorized under section     4,439        

4723.56 of the Revised Code to prescribe drugs and therapeutic     4,440        

devices.                                                           4,441        

      (AA)  "Prescription" means a written or oral order for a     4,443        

controlled substance for the use of a particular person or a       4,444        

particular animal given by a practitioner in the course of         4,445        

professional practice and in accordance with the regulations       4,446        

promulgated by the director of the United States drug enforcement  4,447        

administration pursuant to the federal drug abuse control laws.    4,448        

      (BB)(Y)  "LICENSED HEALTH PROFESSIONAL AUTHORIZED TO         4,450        

PRESCRIBE DRUGS" AND "PRESCRIPTION" HAVE THE SAME MEANINGS AS IN   4,451        

                                                          98     

                                                                 
SECTION 4729.02 OF THE REVISED CODE.                               4,452        

      (Z)  "Registry number" means the number assigned to each     4,454        

person registered under the federal drug abuse control laws.       4,455        

      (CC)(AA)  "Sale" includes delivery, barter, exchange,        4,457        

transfer, or gift, or offer thereof, and each transaction of       4,458        

those natures made by any person, whether as principal,            4,460        

proprietor, agent, servant, or employee.                           4,461        

      (DD)(BB)  "Schedule I," "schedule II," "schedule III,"       4,463        

"schedule IV," and "schedule V" mean controlled substance          4,464        

schedules I, II, III, IV, and V, respectively, established         4,465        

pursuant to section 3719.41 of the Revised Code, as amended        4,466        

pursuant to section 3719.43 or 3719.44 of the Revised Code.        4,467        

      (EE)(CC)  "Wholesaler" means a person who, on official       4,469        

written orders other than prescriptions, supplies controlled       4,470        

substances that the person has not manufactured, produced, or      4,471        

prepared personally and includes a "wholesale distributor of       4,472        

dangerous drugs" as defined in section 4729.02 of the Revised      4,473        

Code.                                                                           

      (FF)(DD)  "Animal shelter" means a facility operated by a    4,475        

humane society or any society organized under Chapter 1717. of     4,476        

the Revised Code or a dog pound operated pursuant to Chapter 955.  4,477        

of the Revised Code.                                               4,478        

      (GG)(EE)  "Terminal distributor of dangerous drugs" has the  4,480        

same meaning as in section 4729.02 of the Revised Code.            4,482        

      (HH)(FF)  "Category III license" means a license issued to   4,484        

a terminal distributor of dangerous drugs as set forth in section  4,485        

4729.54 of the Revised Code.                                       4,486        

      (II)(JJ)(GG)  "Prosecutor" has the same meaning as in        4,488        

section 2935.01 of the Revised Code.                               4,489        

      Sec. 3719.05.  (A)  As used in this section and section      4,498        

3719.06 of the Revised Code:                                       4,499        

      (1)  "Dentist" means a person licensed under Chapter 4715.   4,501        

of the Revised Code to practice dentistry.                         4,502        

      (2)  "Physician" means a person holding a valid certificate  4,504        

                                                          99     

                                                                 
issued under Chapter 4731. of the Revised Code authorizing him to  4,505        

practice medicine and surgery, osteopathic medicine and surgery,   4,506        

or podiatry.                                                       4,507        

      (3)  "Veterinarian" means a person licensed under Chapter    4,509        

4741. of the Revised Code to practice veterinary medicine.         4,510        

      (B)  A pharmacist may dispense schedule II controlled        4,512        

substances to any person upon a written prescription given by a    4,513        

dentist, physician, or veterinarian and schedule III or IV         4,514        

controlled substances to any person upon a written or oral         4,515        

prescription given by a practitioner.  Each written prescription   4,516        

shall be properly executed, dated, and signed by the person        4,517        

prescribing on the day when issued and bearing the full name and   4,518        

address of the patient for whom, or of the owner of the animal     4,519        

for which, the schedule II controlled substance is dispensed, and  4,520        

the full name, address, and registry number under the federal      4,521        

drug abuse control laws of the person prescribing.  If the         4,522        

prescription is for an animal, it shall state the species of       4,523        

animal for which the drug is prescribed ISSUED IN ACCORDANCE WITH  4,524        

SECTION 3719.06 OF THE REVISED CODE.  The WHEN DISPENSING          4,526        

CONTROLLED SUBSTANCES, A PHARMACIST SHALL ACT IN ACCORDANCE WITH   4,527        

RULES ADOPTED BY THE STATE BOARD OF PHARMACY AND IN ACCORDANCE                  

WITH THE FOLLOWING:                                                4,528        

      (1)  THE prescription shall be retained on file by the       4,531        

owner of the pharmacy in which it is filled for a period of two    4,532        

years, so as to be readily accessible for inspection by any        4,533        

public officer or employee engaged in the enforcement of Chapter   4,534        

2925., 3719., or 4719. 4729. of the Revised Code.  Each            4,536        

      (2)  EACH oral prescription shall be recorded by the         4,538        

pharmacist and such THE record shall show the name and address of  4,540        

the patient for whom, or of the owner of the animal for which the  4,542        

schedule III or IV controlled substance is dispensed, the full     4,543        

name, address, and registry number under the federal drug abuse    4,544        

control laws of the practitioner prescribing PRESCRIBER, the name  4,545        

of the schedule III or IV controlled substance dispensed, the      4,546        

                                                          100    

                                                                 
amount dispensed, and the date when dispensed.  Such THE record    4,548        

shall be retained on file by the owner of the pharmacy in which    4,550        

it is filled for a period of two years.  No                        4,551        

      (3)  A SCHEDULE II CONTROLLED SUBSTANCE SHALL BE DISPENSED   4,554        

ONLY UPON A WRITTEN PRESCRIPTION, EXCEPT THAT IT MAY BE DISPENSED               

UPON AN ORAL PRESCRIPTION IN EMERGENCY SITUATIONS AS PRESCRIBED    4,555        

IN THE FEDERAL DRUG ABUSE CONTROL LAWS.                            4,556        

      (4)  A prescription for a schedule II controlled substance   4,559        

shall NOT be refilled.  Prescriptions                                           

      (5)  PRESCRIPTIONS for schedule III and IV controlled        4,562        

substances may be refilled not more than five times in a six       4,563        

month period from the date the prescription is given by a          4,564        

practitioner PRESCRIBER.                                                        

      (C)(B)  The legal owner of any stock of schedule II          4,566        

controlled substances in a pharmacy, upon discontinuance of        4,567        

dealing in said THOSE drugs, may sell said THE stock to a          4,569        

manufacturer, wholesaler, or owner of a pharmacy registered under  4,570        

the federal drug abuse control laws pursuant to an official        4,571        

written order.                                                                  

      (D)(C)  A pharmacist may dispense SELL, upon an official     4,574        

written order to a practitioner in quantities not exceeding one    4,576        

ounce at any one time LICENSED HEALTH PROFESSIONAL AUTHORIZED TO   4,577        

PRESCRIBE DRUGS, aqueous or oleaginous solutions of which the      4,579        

content of narcotic drugs does not exceed a proportion greater     4,580        

than twenty per cent of the complete solution, to be used for      4,581        

medicinal purposes.  THE SOLUTIONS SHALL BE SOLD ONLY UPON AN      4,582        

OFFICIAL WRITTEN ORDER.  THE QUANTITY SOLD TO A PROFESSIONAL AT    4,583        

ANY ONE TIME SHALL NOT EXCEED ONE MILLILITER.                      4,584        

      (E)  Notwithstanding division (B) of this section, schedule  4,586        

II controlled substances may be dispensed orally and without the   4,587        

written prescription of a dentist, physician, or veterinarian in   4,588        

emergency situations as prescribed under the federal drug abuse    4,589        

control laws.                                                                   

      Sec. 3719.06.  (A)  A dentist or physician licensed to       4,597        

                                                          101    

                                                                 
prescribe, dispense, and administer controlled substances to a     4,598        

human being LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE   4,599        

DRUGS, IF ACTING in the course of his professional practice, IN    4,601        

ACCORDANCE WITH THE LAWS REGULATING THE PROFESSIONAL'S PRACTICE,   4,602        

AND IN ACCORDANCE WITH RULES ADOPTED BY THE STATE BOARD OF         4,603        

PHARMACY, may do the following:                                                 

      (1)  Prescribe schedule II controlled substances by a        4,605        

written prescription;                                              4,606        

      (2)  Prescribe schedule, III or, IV, AND V controlled        4,609        

substances by a written or oral prescription;                                   

      (3)(2)  Administer or dispense schedule II, III, or IV, AND  4,612        

V controlled substances;                                           4,614        

      (4)(3)  Cause schedule II, III, and IV, AND V controlled     4,618        

substances to be administered under his THE PRESCRIBER'S           4,619        

direction and supervision.                                         4,620        

      (B)  No dentist or physician PERSON shall prescribe,         4,623        

dispense, or administer a schedule III anabolic steroid for the    4,624        

purpose of human muscle building or enhancing human athletic       4,625        

performance unless it has been approved for that purpose under     4,626        

the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938),  4,627        

21 U.S.C.A. 301, as amended.  Each                                 4,628        

      (C)  EACH written prescription shall be PROPERLY EXECUTED,   4,631        

dated, and signed by the dentist or physician prescribing          4,632        

PRESCRIBER on the day when issued and shall bear the full name     4,635        

and address of the person for whom, OR THE OWNER OF THE ANIMAL     4,636        

FOR WHICH, the controlled substance is prescribed and the full     4,638        

name, address, and registry number under the federal drug abuse    4,639        

control laws of the person prescribing PRESCRIBER.  IF THE         4,640        

PRESCRIPTION IS FOR AN ANIMAL, IT SHALL STATE                      4,642        

      (B)  A veterinarian licensed to prescribe, dispense, and     4,644        

administer controlled substances to an animal in the course of     4,645        

his professional practice may do the following:                    4,646        

      (1)  Prescribe schedule II controlled substances by a        4,648        

written prescription;                                              4,649        

                                                          102    

                                                                 
      (2)  Prescribe schedule III or IV controlled substances by   4,651        

a written or oral prescription;                                    4,652        

      (3)  Administer and dispense schedule II, III, or IV         4,654        

controlled substances;                                             4,655        

      (4)  Cause schedule II, III, and IV controlled substances    4,657        

to be administered by an assistant or orderly under his direction  4,659        

and supervision.                                                   4,660        

      Each written prescription shall be dated and signed by the   4,662        

veterinarian prescribing on the day when issued and shall bear     4,663        

the full name and address of the owner of the animal, the species  4,664        

of the animal for which the controlled substance is prescribed,    4,665        

and the full name, address, and registry number under the federal  4,666        

drug abuse control laws of the veterinarian prescribing.           4,667        

      (C)  An advanced practice nurse approved under section       4,669        

4723.56 of the Revised Code to prescribe controlled substances     4,670        

may prescribe by written or oral prescription any schedule III or  4,671        

IV controlled substance that is recommended by the formulary       4,672        

committee for advanced practice nurses and included in the         4,673        

formulary established by rules adopted under section 4723.58 of    4,674        

the Revised Code.  No advanced practice nurse shall prescribe a    4,675        

schedule III anabolic steroid for the purpose of human muscle      4,676        

building or enhancing human athletic performance unless it is      4,677        

approved for that purpose under the "Federal Food, Drug, and       4,678        

Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended.  4,679        

Each written prescription shall be dated and signed by the         4,680        

advanced practice nurse issuing the prescription on the day        4,681        

issued and shall bear the full name and address of the person for  4,682        

whom the controlled substance is prescribed and the advanced       4,683        

practice nurse's full name, address, and registry number under     4,684        

the federal drug abuse control laws.                               4,685        

      Any person, who has obtained from a practitioner any         4,687        

controlled substance for administration to a human being or an     4,688        

animal during the absence of such practitioner, shall return to    4,689        

such practitioner any unused portion of such drug, when it is no   4,690        

                                                          103    

                                                                 
longer required by such human being or animal.                     4,691        

      Sec. 3719.07.  (A)  AS USED IN THIS SECTION, "DESCRIPTION"   4,700        

MEANS THE DOSAGE, FORM, STRENGTH, AND QUANTITY, AND THE BRAND      4,701        

NAME, IF ANY, OR THE GENERIC NAME, OF A DRUG OR CONTROLLED         4,702        

SUBSTANCE.                                                                      

      (B)(1)  Every practitioner, or other person who is           4,705        

authorized to administer or use controlled substances, LICENSED    4,706        

HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS shall keep a     4,707        

record of all such drugs CONTROLLED SUBSTANCES received by him,    4,708        

and a record of all such drugs CONTROLLED SUBSTANCES               4,709        

administered, dispensed, or used by him, otherwise OTHER than by   4,711        

prescription.  EVERY OTHER PERSON, EXCEPT A PHARMACIST,                         

MANUFACTURER, OR WHOLESALER, WHO IS AUTHORIZED TO PURCHASE AND     4,712        

USE CONTROLLED SUBSTANCES SHALL KEEP A RECORD OF ALL CONTROLLED    4,713        

SUBSTANCES PURCHASED AND USED OTHER THAN BY PRESCRIPTION.  THE     4,715        

RECORDS SHALL BE KEPT in accordance with the provisions of         4,716        

division (E)(C)(1) of this section.  The keeping of a record of    4,718        

the quantity, character, and potency of solutions or other         4,719        

preparations purchased or made up by a practitioner or other       4,720        

person using small quantities of solutions or other preparations   4,721        

of controlled substances for local application, and of the dates   4,722        

when purchased or made up, without keeping a record of the amount  4,723        

of such solution or other preparation applied by him to            4,725        

individual patients is a sufficient compliance with this           4,726        

division.                                                                       

      No record need be kept of schedule V controlled substances   4,728        

administered, dispensed, or used in the treatment of any one       4,729        

person or animal, when the amount administered, dispensed, or      4,730        

used for that purpose does not exceed in any forty-eight           4,731        

consecutive hours:                                                 4,732        

      (1)  One hundred twenty-five milligrams of opium;            4,734        

      (2)  Thirty milligrams of morphine or of any of its salts;   4,736        

      (3)  Two hundred fifty milligrams of codeine or any of its   4,738        

salts;                                                             4,739        

                                                          104    

                                                                 
      (4)  One hundred twenty-five milligrams of dihydrocodeine    4,741        

or any of its salts;                                               4,742        

      (5)  Thirty milligrams of ethylmorphine or any of its        4,744        

salts;                                                             4,745        

      (6)  A quantity of any other schedule V controlled           4,747        

substances or any combination of schedule V controlled substances  4,748        

that does not exceed in pharmacologic potency any one of the       4,749        

drugs named above in the quantity stated.                          4,750        

      (B)(2)  Manufacturers and wholesalers shall keep records of  4,752        

all controlled substances compounded, mixed, cultivated, grown,    4,753        

or by any other process produced or prepared by them, and of all   4,754        

controlled substances received or dispensed SOLD by them,.  THE    4,756        

RECORDS SHALL BE KEPT in accordance with division (F)(C)(2) of     4,757        

this section.                                                                   

      (C)(3)  Every category III terminal distributor of           4,759        

dangerous drugs shall keep records of all controlled substances    4,762        

received or dispensed SOLD by them, THE DISTRIBUTOR.  THE RECORDS  4,763        

SHALL BE KEPT in accordance with division (G)(C)(3) of this        4,764        

section.                                                                        

      (D)(4)  Every person who SELLS OR purchases for resale, or   4,767        

who dispenses schedule V controlled substances exempted by         4,768        

section 3719.15 of the Revised Code shall keep a record showing    4,770        

the quantities and kinds thereof received, dispensed, or disposed  4,771        

of otherwise, SOLD.  THE RECORDS SHALL BE KEPT in accordance with  4,772        

divisions (E)(C)(1), (F)(2), and (G)(3) of this section.           4,775        

      (E)  Every practitioner or other person, except a            4,777        

pharmacist, manufacturer, or wholesaler, authorized to administer  4,778        

or use controlled substances shall keep a record of all            4,779        

controlled substances received, administered, dispensed, or used   4,780        

which (C)(1)  THE RECORDS REQUIRED BY DIVISIONS (B)(1) AND (4) OF  4,783        

THIS SECTION shall contain THE FOLLOWING:                                       

      (1)(a)  The description of all controlled substances         4,785        

received, the name and address of the person from whom received,   4,787        

and the date of receipt;                                           4,788        

                                                          105    

                                                                 
      (2)(b)  The description of controlled substances             4,790        

administered, dispensed, PURCHASED, SOLD, or used,; the date of    4,792        

administering, dispensing, PURCHASING, SELLING, or using,; the     4,794        

name and address of the person to whom, or for whose use, or the   4,797        

owner and species of the animal for which the controlled           4,798        

substance was administered, dispensed, PURCHASED, SOLD, or used.   4,800        

      (F)  Every manufacturer and wholesaler shall keep a record   4,802        

of all controlled substances compounded, mixed, cultivated,        4,803        

grown, or by any other process produced or prepared, received, or  4,804        

dispensed by him which (2)  THE RECORDS REQUIRED BY DIVISIONS      4,806        

(B)(2) AND (4) OF THIS SECTION shall contain THE FOLLOWING:        4,808        

      (1)(a)  The description of all drugs CONTROLLED SUBSTANCES   4,811        

produced or prepared, the name and address of the person from      4,812        

whom received, and the date of receipt;                            4,813        

      (2)(b)  The description of controlled substances dispensed   4,816        

SOLD, the name and address of each person to whom a controlled     4,817        

substance is dispensed SOLD, the amount of the controlled          4,818        

substance dispensed SOLD to each person, and the date it was so    4,820        

dispensed SOLD.                                                    4,821        

      (G)  Every category III terminal distributor of dangerous    4,823        

drugs shall keep a record of all controlled substances received    4,824        

or dispensed by him which (3)  THE RECORDS REQUIRED BY DIVISIONS   4,825        

(B)(3) AND (4) OF THIS SECTION shall contain THE FOLLOWING:        4,827        

      (1)(a)  The description of controlled substances received,   4,830        

the name and address of the person from whom controlled                         

substances are received, and the date of receipt,;                 4,831        

      (2)(b)  The name and place of residence of each person to    4,833        

whom controlled substances, including those otherwise exempted by  4,834        

section 3719.15 of the Revised Code, are dispensed SOLD, the       4,836        

description of such THE controlled substances dispensed SOLD to    4,837        

each person, the date such THE controlled substances are           4,838        

dispensed SOLD to each person, and the name and address of the     4,841        

practitioner prescribing drugs to the person to whom they are      4,842        

dispensed PRESCRIBER.                                                           

                                                          106    

                                                                 
      (D)  Every such record REQUIRED BY THIS SECTION shall be     4,845        

kept for a period of two years and the date of the transaction     4,846        

recorded.                                                                       

      The keeping of a record required by or under the federal     4,848        

drug abuse control laws, containing substantially the same         4,849        

information as specified in this section, constitutes compliance   4,850        

with this section.                                                 4,851        

      Every person who purchases for resale or who sells           4,853        

controlled substance preparations exempted by section 3719.15 of   4,854        

the Revised Code shall keep the record required by or under the    4,855        

federal drug abuse control law LAWS.                               4,856        

      As used in this section, "description" means the dosage      4,858        

form, strength, and quantity, and the brand name, if any, or the   4,859        

generic name of a drug or controlled substance.                    4,860        

      Sec. 3719.08.  (A)  Whenever a manufacturer dispenses SELLS  4,869        

a controlled substance, and whenever a wholesaler dispenses SELLS  4,870        

a controlled substance in a package prepared by him THE            4,872        

WHOLESALER HAS PREPARED, he THE MANUFACTURER OR WHOLESALER shall   4,874        

securely affix to each package in which such THE controlled        4,875        

substance is contained a label showing in legible English the      4,877        

name and address of the vendor and the quantity, kind, and form    4,878        

of controlled substance contained therein.  No person, except a    4,879        

pharmacist for the purpose of filling DISPENSING A CONTROLLED      4,880        

SUBSTANCE UPON a prescription under Chapter 3719. of the Revised   4,882        

Code shall alter, deface, or remove any label so affixed.          4,883        

      (B)  Whenever EXCEPT AS PROVIDED IN DIVISION (C) OF THIS     4,885        

SECTION, WHEN a pharmacist OR OTHER PERSON dispenses any           4,886        

controlled substance on a prescription issued by a practitioner,   4,887        

or a practitioner dispenses any controlled substance in the        4,888        

course of his practice, he FOR USE BY A PATIENT, OR SUPPLIES A     4,889        

CONTROLLED SUBSTANCE ON A PRESCRIPTION TO A LICENSED HEALTH        4,890        

PROFESSIONAL FOR USE BY THE PROFESSIONAL IN PERSONALLY FURNISHING  4,891        

PATIENTS WITH CONTROLLED SUBSTANCES, THE PHARMACIST OR PERSON      4,892        

shall affix to the container in which such THE controlled          4,893        

                                                          107    

                                                                 
substance is dispensed, OR SUPPLIED a label showing THE            4,894        

FOLLOWING:                                                                      

      (1)  His own name and address, or the THE name and address   4,897        

of the owner of the pharmacy for whom he is acting DISPENSING OR   4,899        

SUPPLYING THE CONTROLLED SUBSTANCE;                                             

      (2)  The IF THE CONTROLLED SUBSTANCE IS BEING DISPENSED FOR  4,901        

A PATIENT, THE name of the patient for whom the controlled         4,902        

substance is prescribed or,; if the patient is an animal, the      4,903        

name of the owner and the species of the animal OR; IF THE         4,904        

CONTROLLED SUBSTANCE IS BEING SUPPLIED TO A LICENSED HEALTH        4,905        

PROFESSIONAL, THE NAME OF THE PROFESSIONAL;                        4,906        

      (3)  The name of the practitioner by whom the prescription   4,908        

was written or by whom the drug was dispensed PRESCRIBER;          4,909        

      (4)  Such ALL directions as may be FOR USE stated on the     4,912        

prescription or provided by the practitioner on usage of the drug  4,913        

PRESCRIBER;                                                                     

      (5)  The date on which the prescription was filled or        4,915        

refilled, whichever date is later CONTROLLED SUBSTANCE WAS         4,916        

DISPENSED OR SUPPLIED;                                             4,917        

      (6)  THE NAME, QUANTITY, AND STRENGTH OF THE CONTROLLED      4,919        

SUBSTANCE AND, IF APPLICABLE, THE NAME OF THE DISTRIBUTOR OR       4,920        

MANUFACTURER.                                                                   

      (C)  The requirements of division (B) of this section do     4,922        

not apply when a controlled substance is prescribed OR SUPPLIED    4,923        

for administration to an ultimate user who is institutionalized.   4,924        

      (C)(D)  A LICENSED HEALTH PROFESSIONAL AUTHORIZED TO         4,926        

PRESCRIBE DRUGS WHO PERSONALLY FURNISHES A CONTROLLED SUBSTANCE    4,927        

TO A PATIENT SHALL COMPLY WITH DIVISION (B) OF SECTION 4729.29 OF  4,928        

THE REVISED CODE WITH RESPECT TO LABELING AND PACKAGING OF THE     4,929        

CONTROLLED SUTSTANCE.                                                           

      (E)  No person shall alter, deface, or remove any label so   4,931        

affixed PURSUANT TO THIS SECTION as long as any of the original    4,932        

contents remain.                                                   4,933        

      (D)(F)  Every label for a schedule II, III, or IV drug       4,935        

                                                          108    

                                                                 
CONTROLLED SUBSTANCE shall contain the following warning:          4,937        

      "Caution:  federal law prohibits the transfer of this drug   4,939        

to any person other than the patient PERSON for whom it was        4,940        

prescribed INTENDED."                                              4,941        

      Sec. 3719.09.  Possession or control of controlled           4,950        

substances is authorized in the following instances and subject    4,951        

to the following conditions:                                       4,952        

      (A)  Possession of controlled substances in the course of    4,954        

business by a manufacturer, wholesaler, practitioner LICENSED      4,955        

HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, pharmacist,     4,957        

category III terminal distributor of dangerous drugs, or other     4,958        

person authorized to administer, dispense, or possess controlled   4,959        

substances under THIS CHAPTER OR Chapter 3719. or 4729. of the     4,961        

Revised Code;                                                                   

      (B)  Possession by any person of any schedule V narcotic     4,963        

drug exempted under section 3719.15 of the Revised Code, where     4,964        

the quantity of the drug does not exceed two grains ONE HUNDRED    4,965        

THIRTY MILLIGRAMS of opium, one-half grain THIRTY-TWO AND          4,967        

FIVE-TENTHS MILLIGRAMS of morphine or any of its salts, four       4,968        

grains TWO HUNDRED SIXTY MILLIGRAMS of codeine or any of its       4,969        

salts, two grains ONE HUNDRED THIRTY MILLIGRAMS of dihydrocodeine  4,970        

or any of its salts, or one-half grain THIRTY-TWO AND FIVE-TENTHS  4,971        

MILLIGRAMS of ethylmorphine or any of its salts, or, in the case   4,973        

of any other schedule V controlled substance or any combination    4,974        

of narcotic drugs, where the quantity does not exceed in           4,975        

pharmacologic potency any one of the drugs named above in the      4,976        

quantity stated;                                                                

      (C)  Possession by any person of any controlled substance    4,978        

that the person obtained pursuant to a prescription issued by a    4,979        

practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE  4,980        

DRUGS or that was obtained for the person pursuant to a            4,981        

prescription issued by a practitioner AN AUTHORIZED PRESCRIBER,    4,982        

when the drug is in a container regardless of whether the          4,984        

container is the original container in which the drug was          4,986        

                                                          109    

                                                                 
dispensed TO THAT PERSON directly or indirectly BY A PHARMACIST    4,987        

OR PERSONALLY SUPPLIED to that person BY THE PRESCRIBER;           4,988        

      (D)  Possession in the course of business of combination     4,990        

drugs that contain pentobarbital and at least one noncontrolled    4,991        

substance active ingredient, in a manufactured dosage form, the    4,992        

only indication of which is for euthanizing animals, or other      4,994        

substance that the state veterinary medical licensing board and                 

the state board of pharmacy both approve under division (A) of     4,995        

section 4729.532 of the Revised Code, by an agent or employee of   4,996        

an animal shelter who is authorized by the licensure of the        4,997        

animal shelter with the state board of pharmacy to purchase and    4,998        

possess the drug solely for use as specified in that section.  As  4,999        

used in this division, "in the course of business" means                        

possession or use at an establishment described in a license       5,000        

issued under section 4729.54 of the Revised Code, or outside that  5,001        

establishment when necessary because of a risk to the health or    5,002        

safety of any person, provided that the substance is in a          5,003        

quantity no greater than reasonably could be used to alleviate     5,004        

the risk, is in the original manufacturer's container, and is                   

returned to the establishment as soon as possible after the risk   5,005        

has passed.                                                                     

      Sec. 3719.12.  Unless a report has been made pursuant to     5,014        

section 2929.24 of the Revised Code, on the conviction of a        5,016        

manufacturer, wholesaler, practitioner, pharmacist, physician      5,017        

assistant, or nurse TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS,       5,018        

PHARMACIST, PHARMACIST INTERN, DENTIST, DOCTOR OF MEDICINE OR                   

OSTEOPATHIC MEDICINE, PODIATRIST, REGISTERED, NURSE, LICENSED      5,019        

PRACTICAL NURSE, PHYSICIAN ASSISTANT, OPTOMETRIST, OR              5,020        

VETERINARIAN of the violation of this chapter or Chapter 2925. of  5,021        

the Revised Code, the prosecutor in the case, on forms provided    5,022        

by the board, promptly shall report the conviction to the board    5,024        

that licensed, certified, or registered the manufacturer,          5,026        

wholesaler, practitioner, pharmacist, physician assistant, or      5,027        

nurse PERSON to practice or to carry on business.  THE             5,029        

                                                          110    

                                                                 
RESPONSIBLE BOARD SHALL PROVIDE FORMS TO THE PROSECUTOR.  Within   5,030        

thirty days of the receipt of this information, the board shall    5,031        

initiate action in accordance with Chapter 119. of the Revised     5,033        

Code to determine whether to suspend or revoke the PERSON'S        5,034        

license, certificate, or registration.                                          

      Sec. 3719.121.  (A)  Except as otherwise provided in         5,043        

section 4723.28 or 4731.22 of the Revised Code, the license,       5,044        

certificate, or registration of any practitioner, nurse,           5,046        

physician assistant, pharmacist, manufacturer, or wholesaler,      5,047        

PHARMACIST, PHARMACIST INTERN, DENTIST, DOCTOR OF MEDICINE OR      5,048        

OSTEOPATHIC MEDICINE, PODIATRIST, REGISTERED NURSE, LICENSED                    

PRACTICAL NURSE, PHYSICIAN ASSISTANT, OPTOMETRIST, OR              5,049        

VETERINARIAN who is or becomes addicted to the use of controlled   5,050        

substances, shall be suspended by the board that authorized the    5,051        

person's license, certificate, or registration until the person    5,053        

offers satisfactory proof to the board that the person no longer   5,054        

is addicted to the use of controlled substances.                   5,055        

      (B)  If the board under which a person has been issued a     5,058        

license, certificate, or evidence of registration determines that  5,060        

there is clear and convincing evidence that continuation of the    5,061        

person's professional practice or method of distributing           5,062        

SUPPLYING controlled substances presents a danger of immediate     5,064        

and serious harm to others, the board may suspend the person's     5,065        

license, certificate, or registration without a hearing.  Except   5,067        

as otherwise provided in sections 4715.30, 4723.281, 4730.25, and  5,068        

4731.22 of the Revised Code, the board shall follow the procedure  5,069        

for suspension without a prior hearing in section 119.07 of the    5,071        

Revised Code.  The suspension shall remain in effect, unless       5,072        

removed by the board, until the board's final adjudication order   5,073        

becomes effective, except that if the board does not issue its     5,074        

final adjudication order within ninety days after the hearing,     5,075        

the suspension shall be void on the ninety-first day after the     5,076        

hearing.                                                                        

      (C)  On receiving notification pursuant to section 2929.24   5,078        

                                                          111    

                                                                 
or 3719.12 of the Revised Code, the board under which a person     5,079        

has been issued a license, certificate, or evidence of             5,080        

registration immediately shall suspend the license, certificate,   5,082        

or registration of that person on a plea of guilty to, a finding   5,085        

by a jury or court of the person's guilt of, or conviction of a                 

felony drug abuse offense; a finding by a court of the person's    5,087        

eligibility for treatment in lieu of conviction; a plea of guilty  5,089        

to, or a finding by a jury or court of the person's guilt of, or   5,090        

the person's conviction of an offense in another jurisdiction      5,091        

that is essentially the same as a felony drug abuse offense; or a  5,092        

finding by a court of the person's eligibility for treatment in    5,093        

lieu of conviction in another jurisdiction.  The board shall       5,094        

notify the holder of the license, certificate, or registration of  5,095        

the suspension, which shall remain in effect until the board       5,097        

holds an adjudicatory hearing under Chapter 119. of the Revised    5,098        

Code.                                                                           

      Sec. 3719.15.  Except as specifically provided in Chapters   5,107        

THIS CHAPTER AND CHAPTER 2925. and 3719. of the Revised Code,      5,109        

such chapters shall not apply, EXCEPT AS SPECIFICALLY PROVIDED     5,110        

OTHERWISE IN THOSE CHAPTERS, to the following cases:               5,111        

      (A)  Where a practitioner LICENSED HEALTH PROFESSIONAL       5,113        

AUTHORIZED TO PRESCRIBE DRUGS administers or dispenses; SUPPLIES,  5,114        

or where a pharmacist or owner of a pharmacy sells at retail, any  5,116        

medicinal preparation that contains in one fluid ounce THIRTY      5,117        

MILLILITERS, or if a solid or semisolid preparation, in one        5,119        

avoirdupois ounce THIRTY GRAMS, OF ANY OF THE FOLLOWING:           5,120        

      (1)  Not more than two grains ONE HUNDRED THIRTY MILLIGRAMS  5,122        

of opium;                                                          5,123        

      (2)  Not more than one quarter of a grain SIXTEEN AND        5,125        

TWENTY-FIVE ONE HUNDRETHS MILLIGRAMS of morphine or of any of its  5,127        

salts;                                                                          

      (3)  Not more than one grain SIXTY-FIVE MILLIGRAMS of        5,129        

codeine or of any of its salts;                                    5,131        

      (4)  Not more than one-half grain THIRTY-TWO AND             5,133        

                                                          112    

                                                                 
FIVE-TENTHS MILLIGRAMS of dihydrocodeine or any of its salts;      5,135        

      (5)  Not more than one-quarter grain SIXTEEN AND             5,137        

TWENTY-FIVE ONE HUNDRETHS MILLIGRAMS of ethylmorphine or any of    5,139        

its salts.                                                                      

      Each preparation mentioned SPECIFIED in divisions (A)(1),    5,141        

(2), (3), (4), and (5) of this section shall in addition contain   5,142        

one or more non-narcotic active medicinal ingredients in           5,143        

sufficient proportion to confer upon the preparation valuable      5,144        

medicinal qualities other than those possessed by the narcotic     5,145        

drug alone.                                                                     

      (6)  Pharmaceutical preparations in solid form containing    5,147        

not more than two and five-tenths milligrams diphenoxylate and     5,148        

not less than twenty-five micrograms atropine sulfate per dosage   5,149        

unit.                                                              5,150        

      (B)  Where a practitioner PRESCRIBER administers or          5,152        

dispenses; SUPPLIES, or where a pharmacist sells at retail,        5,154        

liniments, ointments, and other preparations, that are             5,155        

susceptible of external use only and that contain narcotic drugs   5,156        

in such A combination as prevent their THAT PREVENTS THE DRUGS     5,157        

FROM being readily extracted from such THE liniments, ointments,   5,158        

or preparations, except that such sections THIS CHAPTER AND        5,160        

CHAPTER 2925. OF THE REVISED CODE shall apply to all liniments,    5,162        

ointments, and other preparations, that contain coca leaves in     5,163        

any quantity or combination.                                                    

      The medicinal preparation, or the liniment, ointment, or     5,165        

other preparation susceptible of external use only, prescribed,    5,166        

administered, dispensed, SUPPLIED, or sold, shall contain, in      5,167        

addition to the narcotic drug in it, some drug or drugs            5,169        

conferring upon it medicinal qualities other than those possessed  5,170        

by the narcotic drug alone.  Such THE preparation shall be         5,171        

prescribed, administered, compounded, dispensed, SUPPLIED, and     5,173        

sold in good faith as a medicine, and not for the purpose of       5,175        

evading such sections THIS CHAPTER OR CHAPTER 2925. OF THE         5,176        

REVISED CODE.                                                                   

                                                          113    

                                                                 
      Sec. 3719.172.  (A)  Possession of a hypodermic is           5,185        

authorized for THE FOLLOWING:                                      5,186        

      (1)  Any manufacturer or distributor of, or dealer in,       5,188        

hypodermics or medication packaged in hypodermics, and any         5,189        

authorized agent or employee of such A manufacturer, distributor,  5,191        

or dealer, in the regular course of business;                      5,192        

      (2)  A hospital, owner of a pharmacy, or pharmacist          5,194        

TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS, in the regular course of  5,196        

business;                                                                       

      (3)  Any practitioner, nurse, or other person authorized to  5,198        

administer injections, in the regular course of the person's       5,199        

profession or employment;                                          5,201        

      (4)  Any person, when the hypodermic was lawfully obtained   5,204        

and is kept and used for the purpose of self-administration of     5,205        

insulin or other drug prescribed by a practitioner for the         5,206        

treatment of disease;                                                           

      (5)  Any person whose use of a hypodermic is for legal       5,208        

research, clinical, educational, or medicinal purposes;            5,209        

      (6)  Any farmer, for the lawful administration of a drug to  5,211        

an animal;                                                         5,212        

      (7)  Any person whose use of a hypodermic is for lawful      5,214        

professional, mechanical, trade, or craft purpose PURPOSES.        5,215        

      (B)  No manufacturer or distributor of, or dealer in,        5,217        

hypodermics or medication packaged in hypodermics, or their        5,218        

authorized agents or employees, and no owner of a pharmacy, or     5,219        

pharmacist TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS, shall display  5,220        

any hypodermic for sale.  No person authorized to possess a        5,222        

hypodermic pursuant to division (A) of this section shall          5,223        

negligently fail to take reasonable precautions to prevent any     5,224        

hypodermic in the person's possession from theft or acquisition    5,226        

by any unauthorized person.                                                     

      (C)  No person other than one of the following shall sell    5,228        

or furnish a hypodermic to another person:                         5,230        

      (1)  A manufacturer or distributor of, or dealer in,         5,233        

                                                          114    

                                                                 
hypodermics or medication packaged in hypodermics, or their        5,234        

authorized agents or employees;                                                 

      (2)  A hospital TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS;     5,236        

      (3)  A pharmacist or person under the direct supervision of  5,238        

a pharmacist;                                                      5,239        

      (4)  A practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED  5,241        

TO PRESCRIBE DRUGS, ACTING in the regular course of business and   5,243        

as permitted by law;                                                            

      (5)  An individual who holds a current license,              5,245        

certificate, or registration issued under Title 47 of the Revised  5,246        

Code and has been certified to conduct diabetes education by a     5,247        

national certifying body specified in rules adopted by the state   5,248        

board of pharmacy under section 4729.68 of the Revised Code, but   5,249        

only if diabetes education is within the individual's scope of     5,250        

practice under statutes and rules regulating the individual's      5,251        

profession.                                                        5,252        

      (D)  No person shall sell or furnish a hypodermic to         5,254        

another whom the person knows or has reasonable cause to believe   5,256        

is not authorized by division (A) of this section to possess a     5,257        

hypodermic.                                                        5,258        

      (E)  A pharmacist or person under the direct supervision of  5,260        

a pharmacist may furnish hypodermics to another without a          5,261        

prescription by a practitioner, but the pharmacist or person       5,262        

being supervised shall require positive identification of each     5,265        

person to whom hypodermics are furnished, and shall keep a                      

written record of each transaction, including the date, the type   5,266        

and quantity of the articles furnished, and the name, address,     5,267        

and signature of the person to whom such articles are furnished.   5,268        

Such record shall be retained in the same manner as the exempt     5,269        

narcotics register.  No pharmacist or person under a pharmacist's  5,271        

supervision shall fail to comply with this division in furnishing  5,272        

hypodermics.                                                       5,273        

      Sec. 3719.19.  No person shall be prosecuted for a           5,282        

violation of Chapter 3719. of the Revised Code, THIS CHAPTER if    5,284        

                                                          115    

                                                                 
such THE person has been acquitted or convicted under the federal  5,287        

narcotic DRUG ABUSE CONTROL laws of the same act or omission       5,288        

which, it is alleged, constitutes a violation of this chapter.     5,289        

      Sec. 3719.30.  No person shall leave or deposit poison       5,298        

DANGEROUS DRUGS, POISONS, or a substance SUBSTANCES containing     5,300        

poison DANGEROUS DRUGS OR POISONS in a common, street, alley,      5,301        

lane, or thoroughfare, or a yard or enclosure occupied by          5,302        

another.                                                                        

      Whoever violates this section shall be liable to the person  5,304        

injured for all damages sustained thereby AS A RESULT OF THE       5,305        

LEAVING OR DEPOSITING THE DANGEROUS DRUGS, POISONS, OR OTHER       5,306        

SUBSTANCES.                                                                     

      Sec. 3719.34.  Sections 3719.32 and 3719.33 of the Revised   5,315        

Code do not apply to substances dispensed to SOLD or DELIVERED     5,316        

upon the order or prescription of persons A PERSON believed by     5,319        

the dispenser SELLER OR DELIVERER to be lawfully authorized        5,320        

practitioners of medicine or dentistry A LICENSED HEALTH           5,321        

PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS.  The record of sale    5,322        

and delivery mentioned in section 3719.33 of the Revised Code is   5,324        

not required of manufacturers and wholesalers selling any of the   5,325        

substances mentioned in section 3719.32 of the Revised Code at                  

wholesale, if the box, bottle, or package containing such          5,326        

substance when sold at wholesale, is labeled with the name of the  5,327        

substance, "Poison," and the name and address of the manufacturer  5,329        

or wholesaler.                                                                  

      Sec. 3719.35.  It is not necessary to place a poison label   5,338        

upon, nor record the delivery of, ANY OF THE FOLLOWING:            5,339        

      (A)  Preparations containing substances named in section     5,341        

3719.32 of the Revised Code when a single box, bottle, or other    5,342        

package of the bulk of one-half fluid ounce FIFTEEN MILLILITERS    5,343        

or the weight of one-half avoirdupois ounce FIFTEEN GRAMS does     5,344        

not contain more than an ONE adult medicinal dose of such          5,345        

poisonous substance ANY OF THOSE SUBSTANCES;                       5,346        

      (B)  The sulphide of antimony, the oxide or carbonate of     5,348        

                                                          116    

                                                                 
zinc, or colors ground in oil and intended for use as paints;      5,349        

      (C)  Calomel, paregoric, or other preparations of opium      5,351        

containing less than two grains of opium to the fluid ounce;       5,353        

      (D)  Preparations recommended in good faith for diarrhoea    5,355        

DIARRHEA or cholera, when each bottle or package is accompanied    5,358        

by specific directions for use and a caution against the habitual  5,359        

use thereof OF THE PREPARATIONS;                                                

      (E)(D)  Liniments or ointments when plainly labeled "for     5,361        

external use only";                                                5,362        

      (F)(E)  Preparations put up and sold in the form of pills,   5,364        

tablets, or lozenges and intended for internal use, when the dose  5,366        

recommended does not contain more than one fourth of an adult      5,367        

medicinal dose of such poisonous substance ANY OF THE SUBSTANCES   5,368        

NAMED IN SECTION 3719.35 OF THE REVISED CODE.                                   

      Sec. 3719.36.  The state board of pharmacy or anyone acting  5,377        

in its behalf shall enforce sections 3719.30 to 3719.35 of the     5,379        

Revised Code.  If such THE board has information that any of such  5,380        

THOSE sections has been violated, it shall investigate, and upon   5,383        

probable cause appearing, shall file a complaint and prosecute     5,384        

the offender.                                                                   

      Fines assessed and collected under prosecutions commenced    5,386        

by such THE board shall be paid to the secretary EXECUTIVE         5,388        

DIRECTOR of the state board of pharmacy, and by him THE EXECUTIVE  5,389        

DIRECTOR paid into the state treasury to the credit of the         5,390        

occupational licensing and regulatory BOARD OF PHARMACY DRUG LAW   5,391        

ENFORCEMENT fund CREATED BY SECTION 4729.65 OF THE REVISED CODE.   5,392        

      Sec. 3719.42.  The state BOARD OF pharmacy board shall meet  5,401        

in Columbus at least once each fiscal year for the purpose of      5,403        

carrying out its duties pursuant to Chapter 3719. of the Revised   5,404        

Code UNDER THIS CHAPTER.                                                        

      Sec. 3719.44.  (A)  Pursuant to this section, and by rule    5,413        

adopted pursuant to IN ACCORDANCE WITH Chapter 119. of the         5,414        

Revised Code, the state board of pharmacy may do any of the        5,416        

following with respect to schedules I, II, III, IV, and V          5,417        

                                                          117    

                                                                 
established in section 3719.41 of the Revised Code:                5,418        

      (1)  Add a previously unscheduled compound, mixture,         5,420        

preparation, or substance to any schedule;                         5,421        

      (2)  Transfer a compound, mixture, preparation, or           5,423        

substance from one schedule to another, provided the transfer      5,426        

does not have the effect under Chapter 3719. of the Revised Code   5,427        

of providing less stringent control of the compound, mixture,      5,428        

preparation, or substance than is provided under THE federal       5,429        

narcotic DRUG ABUSE CONTROL laws;                                               

      (3)  Remove a compound, mixture, preparation, or substance   5,431        

from the schedules where the board had previously added the        5,432        

compound, mixture, preparation, or substance to the schedules,     5,433        

provided that the removal shall not have the effect under Chapter  5,434        

3719. of the Revised Code of providing less stringent control of   5,435        

the compound, mixture, preparation, or substance than is provided  5,437        

under THE federal narcotic DRUG ABUSE CONTROL laws.                5,438        

      (B)  In making a determination to add, remove, or transfer   5,440        

pursuant to division (A) of this section, the board shall          5,441        

consider the following:                                            5,442        

      (1)  The actual or relative potential for abuse;             5,444        

      (2)  The scientific evidence of the pharmacological effect   5,447        

of the substance, if known;                                                     

      (3)  The state of current scientific knowledge regarding     5,449        

the substance;                                                     5,450        

      (4)  The history and current pattern of abuse;               5,452        

      (5)  The scope, duration, and significance of abuse;         5,454        

      (6)  The risk to the public health;                          5,456        

      (7)  The potential of the substance to produce psychic or    5,458        

physiological dependence liability;                                5,459        

      (8)  Whether the substance is an immediate precursor.        5,461        

      (C)  The board may add or transfer a compound, mixture,      5,463        

preparation, or substance to schedule I when it appears that       5,464        

there is a high potential for abuse, that it has no accepted       5,465        

medical use in treatment in this state, or lacks accepted safety   5,466        

                                                          118    

                                                                 
for use in treatment under medical supervision.                    5,467        

      (D)  The board may add or transfer a compound, mixture,      5,469        

preparation, or substance to schedule II when it appears that      5,470        

there is a high potential for abuse, that it has a currently       5,471        

accepted medical use in treatment in this state, or currently      5,472        

accepted medical use in treatment with severe restrictions, and    5,473        

that its abuse may lead to severe physical or severe               5,474        

psychological dependence.                                          5,475        

      (E)  The board may add or transfer a compound, mixture,      5,477        

preparation, or substance to schedule III when it appears that     5,478        

there is a potential for abuse less than the substances included   5,479        

in schedules I and II, that it has a currently accepted medical    5,480        

use in treatment in this state, and that its abuse may lead to     5,481        

moderate or low physical or high psychological dependence.         5,482        

      (F)  The board may add or transfer a compound, mixture,      5,484        

preparation, or substance to schedule IV when it appears that it   5,485        

has a low potential for abuse relative to substances included in   5,486        

schedule III, and that it has a currently accepted medical use in  5,487        

treatment in this state, and that its abuse may lead to limited    5,488        

physical or psychological dependence relative to the substances    5,489        

included in schedule III.                                          5,490        

      (G)  The board may add or transfer a compound, mixture,      5,492        

preparation, or substance to schedule V when it appears that it    5,493        

has lower potential for abuse than substances included in          5,494        

schedule IV, and that it has currently accepted medical use in     5,495        

treatment in this state, and that its abuse may lead to limited    5,496        

physical or psychological dependence relative to substances        5,497        

included in schedule IV.                                           5,498        

      (H)  Even though a compound, mixture, preparation, or        5,500        

substance does not otherwise meet the criteria in this section     5,501        

for adding or transferring it to a schedule, the board may         5,502        

nevertheless add or transfer it to a schedule as an immediate      5,503        

precursor when all of the following apply:                         5,504        

      (1)  It is the principal compound used, or produced          5,506        

                                                          119    

                                                                 
primarily for use, in the manufacture of a controlled substance;   5,507        

      (2)  It is an immediate chemical intermediary used or        5,509        

likely to be used in the manufacture of such a controlled          5,510        

substance;                                                         5,511        

      (3)  Its control is necessary to prevent, curtail, or limit  5,513        

the manufacture of the scheduled compound, mixture, preparation,   5,514        

or substance of which it is the immediate precursor.               5,515        

      (I)  Authority to control under this section does not        5,517        

extend to distilled spirits, wine, or malt beverages, as those     5,518        

terms are defined or used in Chapter 4301. of the Revised Code.    5,519        

      (J)  Authority to control under this section does not        5,521        

extend to any nonnarcotic substance if such substance may, under   5,522        

the Federal Food, Drug, and Cosmetic Act as defined in section     5,523        

4729.02 of the Revised Code and the laws of this state, be         5,524        

lawfully sold over the counter without a prescription.  Should a   5,525        

pattern of abuse develop for any nonnarcotic drug sold over the    5,526        

counter, the board may, by rule adopted in accordance with         5,527        

Chapter 119. of the Revised Code, after a public hearing and a     5,528        

documented study to determine that the substance actually meets    5,529        

the criteria listed in division (B) of this section, place such    5,530        

abused substance on a prescription basis.                          5,531        

      (K)(1)  A drug product containing ephedrine that is known    5,533        

as one of the following and is in the form specified shall not be  5,534        

considered a schedule V controlled substance:                      5,535        

      (a)  Amesec capsules;                                        5,537        

      (b)  Bronitin tablets;                                       5,539        

      (c)  Bronkotabs;                                             5,541        

      (d)  Bronkolixir;                                            5,543        

      (e)  Bronkaid tablets;                                       5,545        

      (f)  Efedron nasal jelly;                                    5,547        

      (g)  Guiaphed elixir;                                        5,549        

      (h)  Haysma;                                                 5,551        

      (i)  Pazo hemorrhoid ointment and suppositories;             5,553        

      (j)  Primatene "M" formula tablets;                          5,555        

                                                          120    

                                                                 
      (k)  Primatene "P" formula tablets;                          5,557        

      (l)  Tedrigen tablets;                                       5,559        

      (m)  Tedral tablets, suspension and elixir;                  5,561        

      (n)  T.E.P.;                                                 5,563        

      (o)  Vatronol nose drops.                                    5,565        

      (2)(a)  A product containing ephedrine shall not be          5,567        

considered a controlled substance if the product is a food         5,568        

product or dietary supplement that meets all of the following      5,569        

criteria:                                                                       

      (i)  It contains, per dosage unit or serving, not more than  5,571        

the lesser of twenty-five milligrams of ephedrine alkaloids or     5,572        

the maximum amount of ephedrine alkaloids provided in applicable   5,573        

regulations adopted by the United States food and drug             5,574        

administration, and no other controlled substance.                 5,575        

      (ii)  It contains no hydrochloride or sulfate salts of       5,577        

ephedrine alkaloids.                                               5,578        

      (iii)  It is packaged with a prominent label securely        5,580        

affixed to each package that states all of the following:  the     5,581        

amount in milligrams of ephedrine in a serving or dosage unit;     5,582        

the amount of the food product or dietary supplement that          5,583        

constitutes a serving or dosage unit; that the maximum             5,584        

recommended dosage of ephedrine for a healthy adult human is the                

lesser of one hundred milligrams in a twenty-four-hour period for  5,586        

not more than twelve weeks or the maximum recommended dosage or    5,587        

period of use provided in applicable regulations adopted by the    5,588        

United States food and drug administration; and that improper use  5,589        

of the product may be hazardous to a person's health.                           

      (b)(i)  Subject to division (K)(2)(b)(ii) of this section,   5,592        

no person shall dispense, sell, or otherwise give a product                     

described in division (K)(2)(a) of this section to any individual  5,594        

under eighteen years of age.                                                    

      (ii)  Division (K)(2)(b)(i) of this section does not apply   5,597        

to a physician or pharmacist who dispenses, sells, or otherwise    5,598        

gives a product described in division (K)(2)(a) of this section    5,599        

                                                          121    

                                                                 
to an individual under eighteen years of age, to a parent or                    

guardian of an individual under eighteen years of age who          5,600        

dispenses, sells, or otherwise gives a product of that nature to   5,602        

the individual under eighteen years of age, or to a person who,    5,603        

as authorized by the individual's parent or legal guardian,                     

dispenses, sells, or otherwise gives a product of that nature to   5,604        

an individual under eighteen years of age.                         5,605        

      (c)  No person in the course of selling, offering for sale,  5,607        

or otherwise distributing a product described in division          5,608        

(K)(2)(a) of this section shall advertise or represent in any      5,610        

manner that the product causes euphoria, ecstasy, a "buzz" or      5,611        

"high," or an altered mental state; heightens sexual performance;  5,612        

or, because it contains ephedrine alkaloids, increased muscle      5,613        

mass.                                                                           

      (3)  A drug product that contains the isomer                 5,615        

pseudoephedrine, or any of its salts, optical isomers, or salts    5,616        

of optical isomers, shall not be considered a controlled           5,617        

substance if the drug product is labeled in a manner consistent    5,618        

with federal law or with the product's over-the-counter tentative  5,619        

final monograph or final monograph issued by the United States     5,620        

food and drug administration.                                                   

      (4)  At the request of any person, the board may except any  5,622        

product containing ephedrine not described in division (K)(1) or   5,624        

(2) of this section or any class of products containing ephedrine  5,625        

from being included as a schedule V controlled substance if it     5,626        

determines that the product or class of products does not contain               

any other controlled substance.  The board shall make the          5,628        

determination in accordance with this section and by rule adopted  5,629        

in accordance with Chapter 119. of the Revised Code.               5,630        

      (L)  As used in this section:                                5,632        

      (1)  "Food" has the same meaning as in section 3715.01 of    5,634        

the Revised Code;                                                               

      (2)  "Dietary supplement" has the meaning given in the       5,636        

"Federal Food, Drug, and Cosmetic Act," 108 Stat. 4327 (1994), 21  5,637        

                                                          122    

                                                                 
U.S.C.A. 321 (ff), as amended.                                     5,638        

      (3)  "Ephedrine alkaloids" means ephedrine,                  5,640        

pseudoephedrine, norephedrine, norpseudoephedrine,                 5,641        

methylephedrine, and methylpseudoephedrine.                        5,642        

      Sec. 3719.61.  Nothing in the laws dealing with drugs of     5,651        

abuse shall be construed to prohibit treatment of narcotic drug    5,652        

dependent persons by the continuing maintenance of their           5,653        

dependence through the administration of methadone in accordance   5,654        

with the rules adopted by the department of alcohol and drug       5,655        

addiction services under section 3793.11 of the Revised Code,      5,656        

when all of the following apply:                                   5,657        

      (A)  The likelihood that any person undergoing maintenance   5,659        

treatment will be cured of his dependence on narcotic drugs is     5,660        

remote, the treatment is prescribed by a practitioner for the      5,661        

purpose of alleviating or controlling the patient's drug           5,662        

dependence, and the patient's prognosis while undergoing such      5,663        

treatment is at least a partial improvement in his THE PATIENT'S   5,664        

asocial or antisocial behavior patterns;                           5,665        

      (B)  In the case of an inpatient in a hospital or clinic,    5,667        

the amount of the maintenance drug dispensed at any one time does  5,668        

not exceed the quantity necessary for a single dose, and such THE  5,670        

dose is administered to the patient immediately;                   5,671        

      (C)  In the case of an outpatient, the amount of the         5,673        

maintenance drug dispensed at any one time shall be determined by  5,674        

a practitioner with regard to THE PATIENT'S TREATMENT PROVIDER     5,675        

TAKING INTO ACCOUNT the patient's progress in the treatment        5,677        

program, and the patient's needs for gainful employment,           5,678        

education, and responsible homemaking, provided, EXCEPT that in    5,680        

no event shall the dosage be greater than the amount permitted by  5,681        

federal law and rules adopted by the department pursuant to                     

section 3793.11 of the Revised Code;                               5,682        

      (D)  The drug is not dispensed in any case to replace or     5,684        

supplement any part of a supply of the drug previously dispensed,  5,685        

or when there is reasonable cause to believe it will be used or    5,686        

                                                          123    

                                                                 
disposed of unlawfully;                                            5,687        

      (E)  The drug is dispensed through a program licensed and    5,689        

operated in accordance with section 3793.11 of the Revised Code.   5,690        

      Sec. 3719.81.  (A)  A person may furnish another a sample    5,699        

of any drug of abuse, or of any drug or pharmaceutical             5,700        

preparation which THAT would be hazardous to health or safety if   5,701        

used without the supervision of a practitioner LICENSED HEALTH     5,703        

PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, if all of the          5,705        

following apply:                                                   5,706        

      (1)  The sample is furnished by a manufacturer,              5,708        

manufacturer's representative, or wholesale dealer in              5,709        

pharmaceuticals to a practitioner LICENSED HEALTH PROFESSIONAL     5,710        

AUTHORIZED TO PRESCRIBE DRUGS, or is furnished by SUCH a           5,711        

practitioner PROFESSIONAL to a patient for use as medication;      5,712        

      (2)  The drug is in the original container in which it was   5,714        

placed by the manufacturer, and such THE container is plainly      5,715        

marked as a sample;                                                5,717        

      (3)  Prior to its being furnished, the drug sample has been  5,719        

stored under the proper conditions to prevent its deterioration    5,720        

or contamination;                                                  5,721        

      (4)  If the drug is of a type which deteriorates with time,  5,723        

the sample container is plainly marked with the date beyond which  5,724        

the drug sample is unsafe to use, and such THE date has not        5,725        

expired on the sample furnished.  Compliance with the labeling     5,727        

requirements of the "Federal Food, Drug, and Cosmetics COSMETIC    5,729        

Act," 52 STAT. 1040 (1938), 21 U.S.C.A. 301, AS AMENDED, shall be  5,730        

deemed compliance with this section;.                              5,732        

      (5)  The drug is distributed, stored, or discarded in such   5,734        

a way that the drug sample may not be acquired or used by any      5,735        

unauthorized person, or by any person, including a child, for      5,736        

whom it may present a health or safety hazard.                     5,737        

      (B)  Division (A) of this section does not apply DO ANY OF   5,739        

THE FOLLOWING:                                                     5,740        

      (1)  APPLY to OR restrict the furnishing of any sample of a  5,742        

                                                          124    

                                                                 
nonnarcotic substance if such THE substance may, under the         5,744        

"Federal Food, Drug, and Cosmetic Act", as defined in division     5,745        

(D)(1) of section 4729.02 of the Revised Code, and under the laws  5,746        

of this state, otherwise be lawfully sold over the counter         5,747        

without a prescription;                                                         

      (2)  AUTHORIZE A PRESCRIBER WHO IS AN ADVANCED PRACTICE      5,749        

NURSE TO FURNISH A SAMPLE OF ANY DRUG;                             5,750        

      (3)  AUTHORIZE A PRESCRIBER WHO IS AN OPTOMETRIST TO         5,752        

FURNISH A SAMPLE OF A DRUG THAT IS NOT A DRUG THE OPTOMETRIST IS   5,753        

AUTHORIZED TO PRESCRIBE.                                                        

      (C)  The state board of pharmacy shall, pursuant to          5,755        

sections 119.01 to 119.13 IN ACCORDANCE WITH CHAPTER 119. of the   5,757        

Revised Code, adopt regulations RULES AS necessary to give effect  5,758        

to this section.                                                                

      Sec. 3719.99.  (A)  Whoever violates section 3719.16 or      5,767        

3719.161 of the Revised Code is guilty of a felony of the fifth    5,769        

degree.  If the offender previously has been convicted of a                     

violation of section 3719.16 or 3719.161 of the Revised Code or a  5,770        

drug abuse offense, a violation of section 3719.16 or 3719.161 of  5,771        

the Revised Code is a felony of the fourth degree.  If the         5,772        

violation involves the sale, offer to sell, or possession of a     5,773        

schedule I or II controlled substance, with the exception of       5,774        

marihuana, and if the offender, as a result of the violation, is   5,775        

a major drug offender, division (D) of this section applies.       5,776        

      (B)  Whoever violates division (C) or (D) of section         5,778        

3719.172 of the Revised Code is guilty of a felony of the fifth    5,780        

degree.  If the offender previously has been convicted of a                     

violation of division (C) or (D) of section 3719.172 of the        5,781        

Revised Code or a drug abuse offense, a violation of division (C)  5,782        

or (D) of section 3719.172 of the Revised Code is a felony of the  5,784        

fourth degree.  If the violation involves the sale, offer to       5,785        

sell, or possession of a schedule I or II controlled substance,    5,786        

with the exception of marihuana, and if the offender, as a result  5,787        

of the violation, is a major drug offender, division (D) of this   5,788        

                                                          125    

                                                                 
section applies.                                                                

      (C)  Whoever violates section 3719.07 or 3719.08 of the      5,790        

Revised Code is guilty of a misdemeanor of the first degree.  If   5,791        

the offender previously has been convicted of a violation of       5,792        

section 3719.07 or 3719.08 of the Revised Code or a drug abuse     5,793        

offense, a violation of section 3719.07 or 3719.08 of the Revised  5,794        

Code is a felony of the fifth degree.  If the violation involves   5,795        

the sale, offer to sell, or possession of a schedule I or II       5,796        

controlled substance, with the exception of marihuana, and if the  5,797        

offender, as a result of the violation, is a major drug offender,  5,798        

division (D) of this section applies.                              5,799        

      (D)(1)  If an offender is convicted of or pleads guilty to   5,801        

a felony violation of section 3719.07, 3719.08, 3719.16, or        5,802        

3719.161 or of division (C) or (D) of section 3719.172 of the      5,803        

Revised Code, if the violation involves the sale, offer to sell,   5,804        

or possession of a schedule I or II controlled substance, with     5,805        

the exception of marihuana, and if the offender, as a result of    5,806        

the violation, is a major drug offender, the court that sentences  5,807        

the offender, in lieu of the prison term authorized or required                 

by division (A), (B), or (C) of this section and sections 2929.13  5,809        

and 2929.14 of the Revised Code and in addition to any other                    

sanction imposed for the offense under sections 2929.11 to         5,810        

2929.18 of the Revised Code, shall impose upon the offender, in    5,811        

accordance with division (D)(3)(a) of section 2929.14 of the       5,813        

Revised Code, the mandatory prison term specified in that          5,814        

division and may impose an additional prison term under division                

(D)(3)(b) of that section.                                         5,815        

      (2)  Notwithstanding any contrary provision of section       5,817        

3719.21 of the Revised Code, the clerk of the court shall pay any  5,819        

fine imposed for a felony violation of section 3719.07, 3719.08,   5,820        

3719.16, or 3719.161 or of division (C) or (D) of section          5,821        

3719.172 of the Revised Code pursuant to division (A) of section   5,822        

2929.18 of the Revised Code in accordance with and subject to the               

requirements of division (F) of section 2925.03 of the Revised     5,823        

                                                          126    

                                                                 
Code.  The agency that receives the fine shall use the fine as     5,824        

specified in division (F) of section 2925.03 of the Revised Code.  5,825        

      (E)  Whoever violates section 3719.05, 3719.06, 3719.13, or  5,827        

3719.31 or division (B) or (E) of section 3719.172 of the Revised  5,829        

Code is guilty of a misdemeanor of the third degree.  If the       5,830        

offender previously has been convicted of a violation of section   5,831        

3719.05, 3719.06, 3719.13, or 3719.31 or division (B) or (E) of    5,832        

section 3719.172 of the Revised Code or a drug abuse offense, a    5,833        

violation of section 3719.05, 3719.06, 3719.13, or 3719.31 or                   

division (B) or (E) of section 3719.172 of the Revised Code is a   5,834        

misdemeanor of the first degree.                                   5,835        

      (F)  Whoever violates section 3719.30 of the Revised Code    5,837        

is guilty of a misdemeanor of the fourth degree.  If the offender  5,838        

previously has been convicted of a violation of section 3719.30    5,839        

of the Revised Code or a drug abuse offense, a violation of        5,840        

section 3719.30 of the Revised Code is a misdemeanor of the third  5,841        

degree.                                                                         

      (G)  Whoever violates section 3719.32 or 3719.33 of the      5,843        

Revised Code is guilty of a minor misdemeanor.                     5,844        

      (H)  Whoever violates division (K)(2)(b) of section 3719.44  5,846        

of the Revised Code is guilty of a felony of the fifth degree.     5,847        

      (I)  Whoever violates division (K)(2)(c) of section 3719.44  5,849        

of the Revised Code is guilty of a misdemeanor of the second       5,850        

degree.                                                                         

      (J)  As used in this section, "major drug offender" has the  5,852        

same meaning as in section 2929.01 of the Revised Code.            5,853        

      Sec. 4121.443.  (A)  There is hereby created the health      5,862        

care advisory committee consisting of nine members appointed by    5,863        

the administrator of workers' compensation as follows:  one who    5,864        

is a representative of physicians licensed to practice medicine    5,865        

and surgery under Chapter 4731. of the Revised Code, one who is a  5,866        

representative of physicians licensed to practice osteopathic      5,867        

medicine and surgery under Chapter 4731. of the Revised Code, one  5,868        

who is a representative of chiropractors licensed under Chapter    5,869        

                                                          127    

                                                                 
4734. of the Revised Code, one who is a representative of          5,870        

pharmacists registered LICENSED under Chapter 4729. of the         5,871        

Revised Code, one who is a licensed dentist under Chapter 4715.    5,873        

of the Revised Code; one who is a representative of podiatrists    5,874        

certified under Chapter 4731. of the Revised Code; one who is a    5,875        

representative of psychologists licensed under Chapter 4732. of    5,876        

the Revised Code; one who is a representative of rehabilitation    5,877        

specialists, and one who is a representative of hospitals          5,878        

authorized to operate pursuant to section 3727.02 of the Revised   5,879        

Code.  The administrator may consult with and obtain               5,880        

recommendations from the Ohio state medical association, the Ohio  5,881        

osteopathic association, the Ohio state chiropractic association,  5,882        

the Ohio pharmacists association, and the Ohio hospital            5,883        

association for the purpose of making his appointments to the      5,884        

committee.  The administrator shall make initial appointments to   5,885        

the committee within ninety days after the effective date of this  5,886        

section. Members shall serve at the pleasure of the administrator  5,887        

and may be reappointed.  Vacancies shall be filled in the manner   5,888        

provided for original appointments.  Committee members shall       5,889        

receive no compensation or expenses for the performance of their   5,890        

duties as members of the committee.                                5,891        

      (B)  Prior to adopting rules under section 4121.441 of the   5,893        

Revised Code concerning issues pertaining to health care           5,894        

providers, the administrator shall provide the committee an        5,895        

opportunity to comment on and give advice concerning those rules.  5,896        

      (C)  No member of the committee shall divulge any            5,898        

confidential information that is disclosed to the member in the    5,899        

performance of his OFFICIAL duties as a member of the committee.   5,900        

      Sec. 4301.01.  (A)  As used in the Revised Code:             5,913        

      (1)  "Intoxicating liquor" and "liquor" include all liquids  5,915        

and compounds, other than beer as defined in division (B)(2) of    5,916        

this section, containing one-half of one per cent or more of       5,917        

alcohol by volume which are fit to use for beverage purposes,      5,918        

from whatever source and by whatever process produced, by          5,919        

                                                          128    

                                                                 
whatever name called, and whether the same are medicated,          5,920        

proprietary, or patented.  The phrase includes wine, as defined    5,921        

in division (B)(3) of this section even if it contains less than   5,922        

four per cent of alcohol by volume, mixed beverages, as defined    5,923        

in division (B)(4) of this section even if they contain less than  5,924        

four per cent of alcohol by volume, cider, as defined in division  5,925        

(B)(23) of this section, alcohol, and all solids and confections   5,927        

which contain any alcohol.                                                      

      (2)  Except as used in sections 4301.01 to 4301.20, 4301.22  5,929        

to 4301.52, 4301.56, 4301.70, 4301.72, and 4303.01 to 4303.36 of   5,930        

the Revised Code, "sale" and "sell" include exchange, barter,      5,931        

gift, offer for sale, sale, distribution and delivery of any       5,932        

kind, and the transfer of title or possession of beer and          5,933        

intoxicating liquor either by constructive or actual delivery by   5,934        

any means or devices whatever, including the sale of beer or       5,935        

intoxicating liquor by means of a controlled access alcohol and    5,936        

beverage cabinet pursuant to section 4301.21 of the Revised Code.  5,937        

"Sale" and "sell" do not include the mere solicitation of orders   5,939        

for beer or intoxicating liquor from the holders of permits        5,940        

issued by the division of liquor control authorizing the sale of   5,941        

the beer or intoxicating liquor, but no solicitor shall solicit    5,942        

any such orders until the solicitor has been registered with the   5,944        

division pursuant to section 4303.25 of the Revised Code.          5,945        

      (3)  "Vehicle" includes all means of transportation by       5,947        

land, by water, or by air, and everything made use of in any way   5,948        

for such transportation.                                           5,949        

      (B)  As used in sections 4301.01 to 4301.74 of the Revised   5,951        

Code:                                                              5,952        

      (1)  "Alcohol" means ethyl alcohol, whether rectified or     5,954        

diluted with water or not, whatever its origin may be, and         5,955        

includes synthetic ethyl alcohol.  "Alcohol" does not include      5,957        

denatured alcohol and wood alcohol.                                             

      (2)  "Beer," "malt liquor," or "malt beverages" includes     5,959        

all brewed or fermented malt products containing one-half of one   5,960        

                                                          129    

                                                                 
per cent or more of alcohol by volume but not more than six per    5,961        

cent of alcohol by weight.                                         5,962        

      (3)  "Wine" includes all liquids fit to use for beverage     5,964        

purposes containing not less than one-half of one per cent of      5,965        

alcohol by volume and not more than twenty-one per cent of         5,966        

alcohol by volume, which is made from the fermented juices of      5,967        

grapes, fruits, or other agricultural products, except that as     5,968        

used in sections 4301.13, 4301.421, 4301.422, 4301.432, and        5,970        

4301.44 of the Revised Code, and, for purposes of determining the  5,971        

rate of the tax that applies, division (B) of section 4301.43 of   5,972        

the Revised Code, "wine" does not include cider.                                

      (4)  "Mixed beverages" such as bottled and prepared          5,974        

cordials, cocktails, and highballs are products obtained by        5,975        

mixing any type of whiskey, neutral spirits, brandy, gin, or       5,976        

other distilled spirits with, or over, carbonated or plain water,  5,977        

pure juices from flowers and plants, and other flavoring           5,978        

materials.  The completed product shall contain not less than      5,979        

one-half of one per cent of alcohol by volume and not more than    5,980        

twenty-one per cent of alcohol by volume.                          5,981        

      (5)  "Spirituous liquor" includes all intoxicating liquors   5,983        

containing more than twenty-one per cent of alcohol by volume.     5,984        

      (6)  "Sealed container" means any container having a         5,986        

capacity of not more than one hundred twenty-eight fluid ounces,   5,987        

the opening of which is closed to prevent the entrance of air.     5,988        

      (7)  "Person" includes firms and corporations.               5,990        

      (8)  "Manufacture" includes all processes by which beer or   5,992        

intoxicating liquor is produced, whether by distillation,          5,993        

rectifying, fortifying, blending, fermentation, brewing, or in     5,994        

any other manner.                                                  5,995        

      (9)  "Manufacturer" means any person engaged in the          5,997        

business of manufacturing beer or intoxicating liquor.             5,998        

      (10)  "Wholesale distributor" and "distributor" means a      6,000        

person engaged in the business of selling to retail dealers for    6,001        

purposes of resale.                                                6,002        

                                                          130    

                                                                 
      (11)  "Hotel" has the meaning set forth in section 3731.01   6,004        

of the Revised Code, subject to the exceptions mentioned in        6,005        

section 3731.03 of the Revised Code.                               6,006        

      (12)  "Restaurant" means a place located in a permanent      6,008        

building provided with space and accommodations wherein, in        6,009        

consideration of the payment of money, hot meals are habitually    6,010        

prepared, sold, and served at noon and evening, as the principal   6,011        

business of the place.  "Restaurant" does not include drugstores   6,013        

PHARMACIES, confectionery stores, lunch stands, night clubs, and   6,014        

filling stations.                                                  6,015        

      (13)  "Club" means a corporation or association of           6,017        

individuals organized in good faith for social, recreational,      6,018        

benevolent, charitable, fraternal, political, patriotic, or        6,019        

athletic purposes, which is the owner, lessor, or occupant of a    6,020        

permanent building or part thereof operated solely for those       6,022        

purposes, membership in which entails the prepayment of regular    6,023        

dues, and includes the place so operated.                          6,024        

      (14)  "Night club" means a place operated for profit, where  6,026        

food is served for consumption on the premises and one or more     6,027        

forms of amusement are provided or permitted for a consideration   6,028        

which may be in the form of a cover charge or may be included in   6,029        

the price of the food and beverages, or both, purchased by the     6,030        

patrons thereof.                                                   6,031        

      (15)  "At retail" means for use or consumption by the        6,033        

purchaser and not for resale.                                      6,034        

      (16)  "Drugstore PHARMACY" means an establishment as         6,036        

defined in section 4729.27 4729.02 of the Revised Code, which is   6,037        

under the management or control of a legally registered LICENSED   6,039        

pharmacist IN ACCORDANCE WITH SECTION 4729.27 OF THE REVISED       6,040        

CODE.                                                                           

      (17)  "Enclosed shopping center" means a group of retail     6,042        

sales and service business establishments that face into an        6,043        

enclosed mall, share common ingress, egress, and parking           6,044        

facilities, and are situated on a tract of land that contains an   6,045        

                                                          131    

                                                                 
area of not less than five hundred thousand square feet.           6,046        

"Enclosed shopping center" also includes not more than one         6,047        

business establishment that is located within a free-standing      6,048        

building on such a tract of land, so long as the sale of beer and  6,049        

intoxicating liquor on the tract of land was approved in an        6,050        

election held under former section 4301.353 of the Revised Code.   6,051        

      (18)  "Controlled access alcohol and beverage cabinet"       6,053        

means a closed container, either refrigerated, in whole or in      6,054        

part, or nonrefrigerated, access to the interior of which is       6,055        

restricted by means of a device which requires the use of a key,   6,056        

magnetic card, or similar device and from which beer,              6,057        

intoxicating liquor, other beverages, or food may be sold.         6,058        

      (19)  "Residence district" means two or more contiguous      6,060        

election precincts located within the same county and also         6,061        

located within the same municipal corporation or within the        6,062        

unincorporated area of the same township, as described by a        6,063        

petition authorized by section 4301.33, 4303.29, or 4305.14 of     6,064        

the Revised Code.                                                  6,065        

      (20)  "Low-alcohol beverage" means any brewed or fermented   6,067        

malt product, or any product made from the fermented juices of     6,069        

grapes, fruits, or other agricultural products, that contains      6,070        

either no alcohol or less than one-half of one per cent of         6,071        

alcohol by volume.  The beverages described in division (B)(20)    6,072        

of this section do not include a soft drink such as root beer,     6,073        

birch beer, or ginger beer.                                        6,074        

      (22)(22)(23)(21)  "Cider" means all liquids fit to use for   6,076        

beverage purposes that contain one-half of one per cent of         6,078        

alcohol by volume, but not more than six per cent of alcohol by    6,079        

weight that are made through the normal alcoholic fermentation of  6,080        

the juice of sound, ripe apples, including, without limitation,    6,081        

flavored, sparkling, or carbonated cider and cider made from pure               

condensed apple must.                                              6,082        

      Sec. 4301.69.  (A)  Except as otherwise provided in this     6,091        

chapter, no person shall sell beer or intoxicating liquor to an    6,092        

                                                          132    

                                                                 
underage person, shall buy beer or intoxicating liquor for an      6,093        

underage person, or shall furnish it to an underage person,        6,094        

unless given by a physician in the regular line of his THE         6,095        

PHYSICIAN'S practice or given for established religious purposes   6,096        

or unless the underage person is accompanied by a parent, spouse   6,098        

who is not an underage person, or legal guardian.                  6,099        

      In proceedings before the liquor control commission, no      6,101        

permit holder, or the employee or agent of a permit holder,        6,102        

charged with a violation of this division shall be charged, for    6,103        

the same offense, with a violation of division (A)(1) of section   6,104        

4301.22 of the Revised Code.                                       6,105        

      (B)  No person who is the owner or occupant of any public    6,107        

or private place shall knowingly allow any underage person to      6,108        

remain in or on the place while possessing or consuming beer or    6,109        

intoxicating liquor, unless the intoxicating liquor or beer is     6,110        

given to the person possessing or consuming it by that person's    6,111        

parent, spouse who is not an underage person, or legal guardian    6,112        

and the parent, spouse who is not an underage person, or legal     6,113        

guardian is present at the time of the person's possession or      6,114        

consumption of the beer or intoxicating liquor.                    6,115        

      An owner of a public or private place is not liable for      6,117        

acts or omissions in violation of this division that are           6,118        

committed by a lessee of that place, unless the owner authorizes   6,119        

or acquiesces in the lessee's acts or omissions.                   6,120        

      (C)  No person shall engage or use accommodations at a       6,122        

hotel, inn, cabin, campground, or restaurant when he THE PERSON    6,123        

knows or has reason to know either of the following:               6,124        

      (1)  That beer or intoxicating liquor will be consumed by    6,126        

an underage person on the premises of the accommodations that the  6,127        

person engages or uses, unless the person engaging or using the    6,128        

accommodations is the spouse of the underage person and who is     6,129        

not himself an underage person, or is the parent or legal          6,130        

guardian of all of the underage persons, who consume beer or       6,131        

intoxicating liquor on the premises and that person is on the      6,132        

                                                          133    

                                                                 
premises at all times when beer or intoxicating liquor is being    6,133        

consumed by an underage person;                                    6,134        

      (2)  That a drug of abuse will be consumed on the premises   6,136        

of the accommodations by any person, except a person who obtained  6,137        

the drug of abuse pursuant to a prescription issued by a           6,138        

practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE  6,139        

DRUGS and has the drug of abuse in the original container in       6,141        

which it was dispensed to the person.                                           

      (D)(1)  No person is required to permit the engagement of    6,143        

accommodations at any hotel, inn, cabin, or campground by an       6,144        

underage person or for an underage person, if the person engaging  6,145        

the accommodations knows or has reason to know that the underage   6,146        

person is intoxicated, or that the underage person possesses any   6,147        

beer or intoxicating liquor and is not accompanied by a parent,    6,148        

spouse who is not an underage person, or legal guardian who is or  6,149        

will be present at all times when the beer or intoxicating liquor  6,150        

is being consumed by the underage person.                          6,151        

      (2)  No underage person shall knowingly engage or attempt    6,153        

to engage accommodations at any hotel, inn, cabin, or campground   6,154        

by presenting identification that falsely indicates that he THE    6,155        

UNDERAGE PERSON is twenty-one years of age or older for the        6,156        

purpose of violating this section.                                 6,158        

      (E)  No underage person shall knowingly possess or consume   6,160        

any beer or intoxicating liquor, in any public or private place,   6,161        

unless he THE UNDERAGE PERSON is accompanied by a parent, spouse   6,162        

who is not an underage person, or legal guardian, or unless the    6,164        

beer or intoxicating liquor is given by a physician in the         6,165        

regular line of his THE PHYSICIAN'S practice or given for          6,166        

established religious purposes.                                    6,167        

      (F)  No parent, spouse who is not an underage person, or     6,169        

legal guardian of a minor shall knowingly permit the minor to      6,170        

violate this section or section 4301.63, 4301.632, 4301.633, or    6,171        

4301.634 of the Revised Code.                                      6,172        

      (G)  The operator of any hotel, inn, cabin, or campground    6,174        

                                                          134    

                                                                 
shall make the provisions of this section available in writing to  6,175        

any person engaging or using accommodations at the hotel, inn,     6,176        

cabin, or campground.                                              6,177        

      (H)  As used in this section:                                6,179        

      (1)  "Drug of abuse" has the same meaning as in section      6,181        

3719.011 of the Revised Code.                                      6,182        

      (2)  "Hotel" has the same meaning as in section 3731.01 of   6,184        

the Revised Code.                                                  6,185        

      (3)  "LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE   6,187        

DRUGS" AND "PRESCRIPTION" HAVE THE SAME MEANINGS AS IN SECTION     6,189        

4729.02 OF THE REVISED CODE.                                                    

      (4)  "Minor" means a person under the age of eighteen        6,191        

years.                                                             6,192        

      (4)  "Practitioner" and "prescription" have the same         6,194        

meanings as in section 3719.01 of the Revised Code.                6,195        

      (5)  "Underage person" means a person under the age of       6,197        

twenty-one years.                                                  6,198        

      Sec. 4303.01.  As used in sections 4303.01 to 4303.37 of     6,207        

the Revised Code, "intoxicating liquor," "liquor," "sale,"         6,208        

"sell," "vehicle," "alcohol," "beer," "malt liquor," "malt         6,209        

beverage," "wine," "mixed beverages," "spirituous liquor,"         6,210        

"sealed container," "person," "manufacture," "manufacturer,"                    

"wholesale distributor," "distributor," "hotel," "restaurant,"     6,211        

"club," "night club," "at retail," "drugstore PHARMACY," and       6,212        

"Enclosed ENCLOSED shopping center" have the meaning set forth in  6,215        

section 4301.01 of the Revised Code.                                            

      Sec. 4303.21.  Permit G may be issued to the owner of a      6,224        

drugstore PHARMACY in charge of a registered LICENSED pharmacist   6,226        

to be named in such permit for the sale at retail of alcohol for   6,228        

medicinal purposes in quantities at each sale of not more than                  

one gallon upon the written prescription of a physician or         6,229        

dentist who is lawfully and regularly engaged in the practice of   6,230        

his THE PHYSICIAN'S OR DENTIST'S profession in this state, and     6,231        

for the sale of industrial alcohol for mechanical, chemical, or    6,232        

                                                          135    

                                                                 
scientific purposes to a person known by the seller to be engaged  6,233        

in such mechanical, chemical, or scientific pursuits; all subject  6,234        

to section 4303.34 of the Revised Code.  The fee for this permit   6,235        

if fifty dollars.                                                               

      Sec. 4303.27.  Each permit issued under sections 4303.02 to  6,244        

4303.23 of the Revised Code, shall authorize the person named to   6,245        

carry on the business specified at the place or in the boat,       6,246        

vessel, or classes of dining car equipment described, and shall    6,247        

be issued for one year, or part thereof, commencing on the day     6,248        

after the uniform expiration dates designated by the division of   6,250        

liquor control, or for the unexpired portion of such year, and no  6,251        

longer, subject to suspension, revocation, or cancellation as      6,252        

authorized or required by Chapters 4301. and 4303. of the Revised  6,253        

Code.  Upon application by a permit holder, the superintendent of  6,254        

liquor control may expand during specified seasons of the year     6,256        

the premises for which the permit holder's permit was issued to    6,257        

include a premises immediately adjacent to the premises for which  6,258        

the permit was issued, so long as the immediately adjacent         6,259        

premises is under the permit holder's ownership and control and    6,260        

is located in an area where sales under the permit are not         6,261        

prohibited because of a local option election.  Whenever the       6,262        

superintendent considers it advisable to cancel the unexpired      6,263        

portion of an outstanding permit in order that the permit may be   6,264        

issued on one of the uniform expiration dates designated by the    6,265        

superintendent, the superintendent shall refund to the holder a    6,267        

proportionate amount representing the unexpired portion of the     6,269        

permit year pursuant to section 4301.41 of the Revised Code.       6,270        

Such permit does not authorize the person named to carry on the    6,271        

business specified at any place or in any vehicle, boat, vessel,   6,272        

or class of dining car equipment other than that named, nor does   6,273        

it authorize any person other than the one named in such permit    6,274        

to carry on such business at the place or in the vehicle, boat,    6,275        

vessel, or class of dining car equipment named, except pursuant    6,276        

to compliance with the rules and orders of the division governing  6,278        

                                                          136    

                                                                 
the assignment and transfer of permits, and with the consent of    6,279        

the division.  The holder of a G permit may substitute the name    6,280        

of another registered LICENSED pharmacist for that entered on the  6,282        

permit, subject to rules of the division.                          6,283        

      Chapters 4301. and 4303. of the Revised Code do not          6,285        

prohibit the holder of an A, B, C, or D permit from making         6,286        

deliveries of beer or intoxicating liquor containing not more      6,287        

than twenty-one per cent of alcohol by volume, or prohibit the     6,288        

holder of an A or B permit from selling or distributing beer or    6,289        

intoxicating liquor to a person at a place outside this state, or  6,290        

prohibit the holder of any such a permit, or an H permit, from     6,291        

delivering any beer or intoxicating liquor so sold from a point    6,292        

in this state to a point outside this state.                       6,293        

      Sec. 4303.34.  The sale of alcohol under G and I permits is  6,302        

subject to the following restrictions in addition to those         6,303        

imposed by the rules or orders of the division of liquor control:  6,306        

      (A)  All sales under such permits shall be made by the       6,308        

registered LICENSED pharmacist in charge of the store or by a      6,309        

registered assistant LICENSED pharmacist INTERN, lawfully          6,311        

employed therein.                                                               

      (B)  All sales to hospitals, infirmaries, and medical or     6,313        

educational institutions for the uses authorized by such permits   6,314        

shall be made only upon the written, signed, dated, and sworn      6,315        

application of the superintendent of such institution.             6,316        

      (C)  All sales of alcohol to physicians, dentists, and       6,318        

veterinary surgeons shall be made only on the written, signed,     6,319        

dated, and sworn application of such physician, dentist, or        6,320        

veterinary surgeon, personally presented by the applicant.         6,321        

      (D)  All sales of alcohol for mechanical, chemical, or       6,323        

scientific purposes shall be made only upon the written            6,324        

application of the purchaser known by the registered pharmacist    6,325        

or assistant pharmacist INTERN to be a person engaged in such      6,326        

mechanical, chemical, or scientific pursuits, which application    6,327        

shall be dated, signed, and sworn to by the purchaser.             6,328        

                                                          137    

                                                                 
      All applications required by this section shall state        6,330        

clearly and specifically the kind and quantity of alcohol          6,331        

required and the use to which it is to be put by the person        6,332        

purchasing it, and that the person will not use any of the         6,333        

alcohol procured for any other use than that stated in the         6,335        

application.                                                                    

      All prescriptions and applications required by this section  6,337        

shall be canceled as soon as filled by the person filling the      6,338        

same, by having "canceled" plainly written or stamped thereon and  6,339        

signed and dated by the person who filled the same, and shall be   6,340        

kept open to public inspection.  No person shall furnish alcohol   6,341        

more than once on any such prescription or application.            6,342        

      Each holder of such a permit shall register in an            6,344        

alphabetically arranged book, kept exclusively for that purpose,   6,345        

all prescriptions of physicians and dentists, in the following     6,346        

order:  the name of the physician or dentist, the name of the      6,347        

person prescribed for, the quantity and kind of alcohol, and the   6,348        

use for which prescribed.                                          6,349        

      The person making the sale shall indorse upon the            6,351        

prescription the date upon which it was filled and the person's    6,352        

own name.  Each such holder shall keep a record of applications,   6,354        

showing the date of each, by whom made, the quantity and kind of   6,355        

alcohol supplied, and when, where, and for what purpose and by     6,356        

whom such alcohol was to be used.  Each applicant shall certify    6,357        

to the same by signing the applicant's name in such record book.   6,358        

Such book shall be open at all times during business hours to the  6,360        

inspection of the division.                                        6,361        

      Any registered LICENSED pharmacist or assistant pharmacist   6,364        

INTERN may administer the oath required by this section.           6,365        

      Sec. 4729.01.  There shall be a state board of pharmacy,     6,374        

consisting of nine members, eight of whom shall be pharmacists     6,375        

registered LICENSED under this chapter, representing to the        6,376        

extent practicable various phases of the practice of pharmacy,     6,378        

and one of whom shall be a public member at least sixty years of   6,379        

                                                          138    

                                                                 
age. Members shall be appointed by the governor with the advice    6,380        

and consent of the senate.  Terms of office shall be for four      6,381        

years, commencing on the first day of July and ending on the       6,382        

thirtieth day of June.  The Ohio state pharmaceutical PHARMACISTS  6,383        

association may annually submit to the governor the names of not   6,385        

less than five pharmacists registered LICENSED under this          6,386        

chapter, and from the names submitted or from others, at his THE   6,388        

GOVERNOR'S discretion, the governor each year shall appoint two    6,390        

members of the board, except that the governor shall appoint       6,391        

three members of the board in 1991 and every four years            6,392        

thereafter.  Each member shall hold office from the date of his    6,393        

appointment until the end of the term for which he THE MEMBER was  6,394        

appointed.  Any member appointed to fill a vacancy occurring       6,396        

prior to the expiration of the term for which his THE predecessor  6,397        

was appointed shall hold office for the remainder of such term.    6,398        

Any member shall continue in office subsequent to the expiration   6,399        

date of his THE MEMBER'S term until his A successor takes office,  6,400        

or until a period of sixty days has elapsed, whichever occurs      6,401        

first.                                                                          

      No member of the board shall be reappointed to the board     6,403        

more than once.                                                    6,404        

      Sec. 4729.02.  As used in this chapter:                      6,413        

      (A)  "Pharmacy" means any area, room, rooms, place of        6,415        

business, department, or portion of any of the foregoing, WHERE    6,416        

PHARMACY IS PRACTICED OR where prescriptions are filled, or where  6,418        

drugs, dangerous drugs, or poisons are compounded, sold, offered,  6,419        

or displayed for sale, dispensed, SUPPLIED, or distributed to the  6,420        

public.                                                                         

      (B)  To "practice PRACTICE OF pharmacy" means to interpret   6,423        

PROVIDING PHARMACIST CARE REQUIRING SPECIALIZED KNOWLEDGE,                      

JUDGMENT, AND SKILL DERIVED FROM THE PRINCIPLES OF BIOLOGICAL,     6,424        

CHEMICAL, BEHAVIORAL, SOCIAL, PHARMACEUTICAL, AND CLINICAL         6,425        

SCIENCES.  AS USED IN THIS DIVISION, "PHARMACIST CARE" INCLUDES    6,426        

THE FOLLOWING:                                                                  

                                                          139    

                                                                 
      (1)  INTERPRETING prescriptions, to compound or dispense;    6,428        

      (2)  COMPOUNDING OR DISPENSING drugs, dangerous drugs, and   6,431        

poisons, and DISPENSING DRUG THERAPY related devices that under    6,432        

the "Federal Food, Drug, and Cosmetic Act" must be labeled for     6,434        

sale only on the order of a practitioner; to participate in drug   6,435        

selection pursuant to Chapter 3715. and section 4729.38 of the     6,436        

Revised Code; and to participate with practitioners in reviews of  6,437        

drug utilization.;                                                 6,438        

      (C)(3)  COUNSELING PATIENTS REGARDING DRUG THERAPY;          6,440        

      (4)  PERFORMING DRUG REGIMEN REVIEWS AND DRUG UTILIZATION    6,443        

REVIEWS;                                                                        

      (5)  ADVISING A PATIENT AND THE HEALTH CARE PROFESSIONALS    6,446        

TREATING THE PATIENT WITH REGARD TO THE PATIENT'S DRUG THERAPY;    6,447        

      (6)  PRESCRIBING OR ADMINISTERING PRESCRIPTION DRUGS AND     6,450        

DRUG THERAPY RELATED DEVICES AND ORDERING TESTS NECESSARY FOR THE  6,451        

APPROPRIATE INITIATION, MONITORING, AND MODIFICATION OF A          6,453        

PATIENT'S DRUG THERAPY FOLLOWING THE ESTABLISHMENT OF A CONSULT    6,454        

AGREEMENT;                                                                      

      (7)  PROVIDING PHARMACY-RELATED PRIMARY CARE, INCLUDING      6,456        

PATIENT EDUCATION, HEALTH PROMOTION, PATIENT ASSESSMENT,           6,457        

RECOMMENDING OR ADMINISTERING NONPRESCRIPTION DRUGS, RECOMMENDING  6,458        

DRUG THERAPY RELATED DEVICES, AND ASSISTING IN THE SELECTION AND   6,459        

USE OF NONPRESCRIPTION DRUGS AND APPLIANCES FOR THE TREATMENT OF   6,460        

COMMON DISEASES AND INJURIES.                                                   

      (C)  "COMPOUNDING" MEANS THE PREPARATION, MIXING,            6,463        

ASSEMBLING, PACKAGING, AND LABELING OF ONE OR MORE DRUGS IN ANY    6,464        

OF THE FOLLOWING CIRCUMSTANCES:                                    6,465        

      (1)  PURSUANT TO A PRESCRIPTION ISSUED BY A LICENSED HEALTH  6,468        

PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS;                                     

      (2)  PURSUANT TO AN INITIATIVE BASED ON A CONSULT AGREEMENT  6,470        

WHEN THE DRUG IS FOR ADMINISTRATION TO OR USE IN TREATING A        6,471        

PATIENT OR DIAGNOSING A MEDICAL CONDITION;                         6,472        

      (3)  AS AN INCIDENT TO RESEARCH, TEACHING ACTIVITIES, OR     6,475        

CHEMICAL ANALYSIS;                                                              

                                                          140    

                                                                 
      (4)  IN ANTICIPATION OF PRESCRIPTION DRUG ORDERS BASED ON    6,478        

ROUTINE, REGULARLY OBSERVED DISPENSING PATTERNS.                                

      (D)  "CONSULT AGREEMENT" MEANS A WRITTEN AGREEMENT TO        6,480        

MANAGE A PATIENT'S DRUG THERAPY ENTERED INTO BY ONE OR MORE        6,481        

PHARMACISTS WITH A DOCTOR OF MEDICINE OR OSTEOPATHIC MEDICINE,     6,482        

PODIATRIST, DENTIST, OR VETERINARIAN OR A GROUP OF SUCH LICENSED   6,483        

HEALTH PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS.                             

      (E)  "Drug" means:                                           6,485        

      (1)  Any article recognized in the official United States    6,487        

pharmacopeia, PHARMACOPOEIA AND national formulary, or any         6,488        

supplement TO THEM, intended for use in the diagnosis, cure,       6,490        

mitigation, treatment, or prevention of disease in man HUMANS or   6,491        

other animals;                                                                  

      (2)  Any other article intended for use in the diagnosis,    6,493        

cure, mitigation, treatment, or prevention of disease in man       6,494        

HUMANS or other animals;                                           6,495        

      (3)  Any article, other than food, intended to affect the    6,497        

structure or any function of the body of man HUMANS or other       6,499        

animals;                                                                        

      (4)  Any article intended for use as a component of any      6,501        

article specified in division (C)(1), (2), or (3) of this          6,502        

section; but does not include devices or their components, parts,  6,503        

or accessories.                                                    6,504        

      (D)(F)  "Dangerous drug" means any of the following:         6,506        

      (1)  Any drug to which either of the following applies:      6,508        

      (a)  Under the "Federal Food, Drug, and Cosmetic Act," 52    6,511        

STAT. 1040 (1938), 21 U.S.C.A. 301, AS AMENDED, THE DRUG is        6,512        

required to bear a label containing the legend "Caution:  Federal  6,514        

law prohibits dispensing without prescription" or "Caution:        6,515        

Federal law restricts this drug to use by or on the order of a     6,516        

licensed veterinarian" or any similar restrictive statement, or    6,517        

THE DRUG may be dispensed only upon a prescription;                6,518        

      (b)  Under Chapter 3715. or 3719. of the Revised Code, THE   6,520        

DRUG may be dispensed only upon a prescription;.                   6,521        

                                                          141    

                                                                 
      (2)  Any drug that contains a schedule V controlled          6,523        

substance and that is exempt from Chapter 3719. of the Revised     6,524        

Code or to which that chapter does not apply;                      6,525        

      (3)  Any drug intended for administration by injection into  6,527        

the human body other than through a natural orifice of the human   6,528        

body.                                                              6,529        

      (E)(G)  "Federal drug abuse control laws" has the same       6,531        

meaning as in section 3719.01 of the Revised Code.                 6,532        

      (F)  "Federal Food, Drug, and Cosmetic Act," means the       6,534        

"Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21   6,535        

U.S.C. 301, as amended.                                            6,536        

      (G)(H)  "Prescription" means an A WRITTEN, ELECTRONIC, OR    6,539        

ORAL order for drugs or combinations or mixtures of drugs TO BE    6,541        

USED BY A PARTICULAR INDIVIDUAL OR A PARTICULAR ANIMAL, written    6,542        

or signed ISSUED by a practitioner or transmitted by a             6,543        

practitioner to a pharmacist by word of mouth, telephone,          6,544        

telegraph, or other means of communication and recorded in         6,545        

writing by the pharmacist LICENSED HEALTH PROFESSIONAL AUTHORIZED  6,546        

TO PRESCRIBE DRUGS.                                                             

      (H)(I)  "Practitioner LICENSED HEALTH PROFESSIONAL           6,548        

AUTHORIZED TO PRESCRIBE DRUGS" means any of the following:         6,549        

      (1)  A person AN INDIVIDUAL who is licensed pursuant to      6,551        

Chapter 4715., 4725., 4731., or 4741. of the Revised Code and      6,552        

authorized by law to write prescriptions for drugs or PRESCRIBE    6,554        

DRUGS OR dangerous drugs;                                          6,555        

      (2)  A professional association, as defined in section       6,557        

1785.01 of the Revised Code, organized by an individual who is,    6,558        

or a group of individuals who are, licensed pursuant to Chapter    6,559        

4715., 4725., 4731., or 4741. of the Revised Code and authorized   6,560        

by law to write prescriptions for drugs or dangerous drugs, or a   6,561        

corporation-for-profit formed under Chapter 1701. of the Revised   6,562        

Code by an individual or group of individuals so licensed and      6,563        

authorized;                                                        6,564        

      (3)  A partnership of individuals who are licensed pursuant  6,566        

                                                          142    

                                                                 
to Chapter 4715., 4725., 4731., or 4741. of the Revised Code and   6,567        

authorized by law to write prescriptions for drugs or dangerous    6,568        

drugs;                                                             6,569        

      (4)  A limited liability company formed under Chapter 1705.  6,571        

of the Revised Code for the purpose of rendering a professional    6,572        

service covered by Chapter 4715., 4725., 4731., or 4741. of the    6,573        

Revised Code, the members, employees, other agents, and, if        6,574        

applicable, managers of which are licensed or otherwise legally    6,575        

authorized to render the covered professional service in this      6,576        

state and are authorized by law to write prescriptions for drugs   6,577        

or dangerous drugs;                                                6,578        

      (5)  OR DRUG THERAPY RELATED DEVICES IN THE COURSE OF THE    6,580        

INDIVIDUAL'S PROFESSIONAL PRACTICE, INCLUDING ONLY THE FOLLOWING:  6,582        

      (1)  A PHARMACIST LICENSED UNDER THIS CHAPTER WHO IS         6,584        

ALLOWED TO PRESCRIBE PURSUANT TO A CONSULT AGREEMENT;              6,585        

      (2)  A DENTIST LICENSED UNDER CHAPTER 4715. OF THE REVISED   6,588        

CODE;                                                                           

      (3)  An advanced practice nurse authorized under section     6,590        

4723.56 of the Revised Code to prescribe drugs and therapeutic     6,591        

devices;                                                           6,592        

      (4)  AN OPTOMETRIST LICENSED UNDER CHAPTER 4725. OF THE      6,596        

REVISED CODE TO PRACTICE OPTOMETRY UNDER A THERAPEUTIC             6,598        

PHARMACEUTICAL AGENTS CERTIFICATE;                                              

      (5)  AN INDIVIDUAL AUTHORIZED UNDER CHAPTER 4731. OF THE     6,602        

REVISED CODE TO PRACTICE MEDICINE AND SURGERY, OSTEOPATHIC         6,604        

MEDICINE AND SURGERY, OR PODIATRY;                                              

      (6)  A VETERINARIAN LICENSED UNDER CHAPTER 4741. OF THE      6,607        

REVISED CODE.                                                                   

      (I)  "Poison" means any drug, chemical, or preparation       6,609        

likely to be deleterious or destructive to adult human life in     6,610        

quantities of four grams or less.                                  6,611        

      (J)  "Sale" and "sell" include delivery, transfer, barter,   6,613        

exchange, or gift, or offer therefor, and each such transaction    6,614        

made by any person, whether as principal proprietor, agent, or     6,615        

                                                          143    

                                                                 
employee.                                                          6,616        

      (K)  "Wholesale sale" and "sale at wholesale" mean any sale  6,618        

in which the purpose of the purchaser is to resell the article     6,619        

purchased or received by the purchaser.                            6,620        

      (L)  "Retail sale" and "sale at retail" mean any sale other  6,622        

than a wholesale sale or sale at wholesale.                        6,623        

      (M)  "Retail seller" means any person that sells any         6,625        

dangerous drug to consumers without assuming control over and      6,626        

responsibility for its administration.  Mere advice or             6,627        

instructions regarding administration do not constitute control    6,628        

or establish responsibility.                                       6,629        

      (N)  "Price information" means the price charged for a       6,631        

prescription for a particular drug product and, in an easily       6,632        

understandable manner, all of the following:                       6,633        

      (1)  The proprietary name of the drug product;               6,635        

      (2)  The established (generic) name of the drug product;     6,637        

      (3)  The strength of the drug product if the product         6,639        

contains a single active ingredient or if the drug product         6,640        

contains more than one active ingredient and a relevant strength   6,641        

can be associated with the product without indicating each active  6,642        

ingredient.  The established name and quantity of each active      6,643        

ingredient are required if such a relevant strength cannot be so   6,644        

associated with a drug product containing more than one            6,645        

ingredient.                                                        6,646        

      (4)  The dosage form;                                        6,648        

      (5)  The price charged for a specific quantity of the drug   6,650        

product.  The stated price shall include all charges to the        6,651        

consumer, including, but not limited to, the cost of the drug      6,652        

product, professional fees, handling fees, if any, and a           6,653        

statement identifying professional services routinely furnished    6,654        

by the pharmacy.  Any mailing fees and delivery fees may be        6,655        

stated separately without repetition.  The information shall not   6,656        

be false or misleading.                                            6,657        

      (O)  "Wholesale distributor of dangerous drugs" means a      6,659        

                                                          144    

                                                                 
person engaged in the sale of dangerous drugs at wholesale and     6,660        

includes any agent or employee of such a person authorized by the  6,662        

person to engage in the sale of dangerous drugs at wholesale.      6,663        

      (P)  "Manufacturer of dangerous drugs" means a person,       6,665        

other than a pharmacist, who manufactures dangerous drugs and who  6,666        

is engaged in the sale of those dangerous drugs within this        6,667        

state.                                                             6,668        

      (Q)  "Terminal distributor of dangerous drugs" means a       6,670        

person, other than a practitioner, who is engaged in the sale of   6,671        

dangerous drugs at retail, or any person, other than a wholesale   6,672        

distributor or a pharmacist, who has in the person's possession,   6,674        

custody, or control OF dangerous drugs for any purpose other than  6,675        

for the THAT person's own use and consumption, and includes        6,677        

pharmacies, hospitals, nursing homes, and laboratories and all     6,678        

other persons who procure dangerous drugs for sale or other        6,679        

distribution by or under the supervision of a pharmacist or        6,680        

medical practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED TO    6,681        

PRESCRIBE DRUGS.                                                                

      (R)  "Promote to the public" means disseminating a           6,683        

representation to the public in any manner or by any means, other  6,684        

than by labeling, for the purpose of inducing, or that is likely   6,685        

to induce, directly or indirectly, the purchase of a dangerous     6,686        

drug at retail.                                                    6,687        

      (S)  "Person" includes any individual, partnership,          6,689        

association, limited liability company, or corporation, the        6,690        

state, any political subdivision of the state, and any district,   6,691        

department, or agency of the state or its political subdivisions.  6,692        

      (T)  "Finished dosage form" has the same meaning as in       6,694        

division (A)(17) of section 3715.01 of the Revised Code.           6,695        

      (U)  As used in section 4729.38 of the Revised Code,         6,697        

"manufacturer" means a person who manufactures, as defined in      6,698        

division (A)(18) of section 3715.01 of the Revised Code.           6,699        

      (V)  "Generically equivalent drug" has the same meaning as   6,701        

in division (A)(20) of section 3715.01 of the Revised Code.        6,702        

                                                          145    

                                                                 
      (W)(V)  "Animal shelter" means a facility operated by a      6,704        

humane society or any society organized under Chapter 1717. of     6,705        

the Revised Code or a dog pound operated pursuant to Chapter 955.  6,706        

of the Revised Code.                                               6,707        

      (X)(W)  "Food" has the same meaning as in section 3715.01    6,709        

of the Revised Code.                                               6,710        

      Sec. 4729.03.  The state board of pharmacy shall organize    6,719        

by electing a president and a vice-president who are members of    6,720        

the board.  The president shall preside over the meetings of the   6,721        

board, but shall not vote upon matters determined by the board,    6,722        

except in the event of a tie vote, in which case the president     6,723        

shall vote.  The board shall also employ an executive director                  

who is LICENSED UNDER THIS CHAPTER AS a registered pharmacist AND  6,725        

in good standing in his profession and who is not THE PRACTICE OF  6,726        

PHARMACY THE PERSON EMPLOYED SHALL NOT BE a member of the board.   6,727        

Each of the officers elected shall serve for a term of one year.   6,728        

The members of the board shall receive an amount fixed pursuant                 

to division (J) of section 124.15 of the Revised Code for each     6,729        

day employed in the discharge of their official duties and their   6,731        

necessary expenses while engaged therein.                          6,732        

      Sec. 4729.06.  The state board of pharmacy shall keep a      6,741        

record of its proceedings and a register of all persons to whom    6,742        

identification cards and certificates LICENSES have been granted   6,743        

as pharmacists or pharmacy PHARMACIST interns, together with each  6,745        

renewal and suspension or revocation of an identification card                  

and certificate LICENSE.  The books and registers of the board     6,746        

shall be prima-facie evidence of the matters therein recorded.     6,748        

The president and executive director of the board may administer   6,750        

oaths.                                                                          

      A statement signed by the executive director to which is     6,752        

affixed the official seal of the board to the effect that it       6,753        

appears from the records of the board that no such THE BOARD HAS   6,754        

NOT ISSUED AN identification card and certificate LICENSE to       6,755        

practice pharmacy, or any of its branches, in the state has been   6,756        

                                                          146    

                                                                 
issued to any such THE person specified therein IN THE STATEMENT,  6,758        

or that an identification card and certificate LICENSE, if         6,759        

issued, has been revoked or suspended, shall be received as        6,760        

prima-facie evidence of the record of such THE board in any court  6,761        

or before any officer of this state.                               6,762        

      Sec. 4729.07.  An individual desiring to be registered       6,771        

LICENSED as a pharmacist shall file with the executive director    6,773        

of the state board of pharmacy a verified application giving such  6,774        

information as the board requires, and appear before the board to  6,775        

take an examination to determine fitness to practice pharmacy.     6,776        

Examinations of those applying for registration LICENSURE as       6,777        

pharmacists shall be held at such times, during each year, and at  6,779        

such places as the board determines.  The board may make use of    6,780        

all or any part of the licensure examination of the national       6,781        

association of boards of pharmacy or any other national            6,782        

standardized pharmacy examination that it considers appropriate    6,783        

to perform its duties under this section.  The board may require   6,784        

applicants for licensure by examination to purchase the            6,785        

examination and any related materials from the organization        6,786        

providing it.                                                                   

      Sec. 4729.08.  Every applicant for examination and           6,795        

registration LICENSURE as a pharmacist shall:                      6,796        

      (A)  Be at least eighteen years of age;                      6,798        

      (B)  Be of good moral character and habits;                  6,800        

      (C)  Have obtained a degree in pharmacy from a program that  6,802        

has been recognized and approved by the state board of pharmacy,   6,803        

except that graduates of schools or colleges of pharmacy that are  6,804        

located outside the United States and have not demonstrated that   6,805        

the standards of their programs are at least equivalent to         6,806        

programs recognized and approved by the board shall be required    6,807        

to pass an equivalency examination recognized and approved by the  6,808        

board and to establish written and oral proficiency in English.    6,809        

      (D)  Have satisfactorily completed at least the minimum      6,811        

requirements for pharmacy internship as outlined by the board.     6,812        

                                                          147    

                                                                 
      If the board is satisfied that the applicant meets the       6,814        

foregoing requirements and if the applicant passes the             6,815        

examination required under section 4729.07 of the Revised Code,    6,816        

the board shall issue to the applicant a certificate of            6,817        

registration LICENSE and an identification card authorizing him    6,819        

THE INDIVIDUAL to practice pharmacy.                                            

      Sec. 4729.09.  The state board of pharmacy may register      6,828        

LICENSE an individual as a pharmacist without examination and      6,831        

issue him a certificate of such registration and an                6,832        

identification card TO THE PHARMACIST if such THE individual:      6,834        

      (A)  Holds a certificate LICENSE in good standing to         6,836        

practice pharmacy under the laws of another state, has             6,839        

successfully completed an examination for registration LICENSURE   6,840        

in the other state, and in the opinion of the board, such THE      6,842        

examination was at least as thorough as that required by the       6,844        

board at the time such THE individual took the examination;        6,846        

      (B)  Is of good moral character and habit;                   6,848        

      (C)  Has filed with the board LICENSING BODY of the OTHER    6,850        

state with which he holds a certificate of good standing at least  6,853        

the credentials or the equivalent as where then THAT WERE          6,854        

required by the Ohio board for registration as THIS STATE AT THE   6,855        

TIME THE INDIVIDUAL WAS LICENSED a pharmacist.                     6,856        

      The board shall not issue any identification card or         6,858        

certificate LICENSE to such AN individual LICENSED IN ANOTHER      6,860        

STATE if the state in which such THE individual is registered      6,861        

LICENSED does not reciprocate by granting certificates LICENSES    6,862        

to practice pharmacy to persons holding valid certificates to      6,864        

practice pharmacy in Ohio issued LICENSES RECEIVED through         6,865        

examination by the state board of pharmacy of Ohio.                6,866        

      Sec. 4729.11.  The state board of pharmacy shall establish   6,875        

a pharmacy PHARMACIST internship program for the purpose of        6,877        

providing the practical experience necessary for registration TO   6,878        

PRACTICE as a pharmacist.  Any individual who desires to become a  6,880        

pharmacy PHARMACIST intern shall apply for registration LICENSURE  6,881        

                                                          148    

                                                                 
to the board, and shall be issued an identification card and       6,882        

certificate of registration LICENSE as a pharmacy intern if in     6,884        

the opinion of the board the applicant is actively pursuing an                  

educational program in preparation for registration LICENSURE as   6,885        

a pharmacist and meets the other requirements as determined by     6,887        

the board.  Such AN identification card and certificate of         6,889        

registration LICENSE shall be valid until the next annual renewal  6,890        

date and shall be renewed only if the intern is meeting the        6,891        

requirements and regulations RULES of the board.                   6,892        

      The state board of pharmacy may appoint a director of        6,894        

pharmacy internship who is a registered LICENSED pharmacist and    6,895        

who is not directly or indirectly connected with a school or       6,897        

college of pharmacy or department of pharmacy of a university.     6,898        

THE                                                                             

      The director of pharmacy internship shall be responsible to  6,900        

the board for the operation and direction of the pharmacy          6,902        

internship program established by the board under this section,    6,903        

and for such other duties as the board may assign.                 6,904        

      Sec. 4729.12.  The AN IDENTIFICATION CARD ISSUED BY THE      6,913        

state board of pharmacy shall issue an identification card to      6,915        

each registered pharmacist or pharmacy intern, which shall         6,916        

entitle UNDER SECTION 4729.08 OF THE REVISED CODE ENTITLES the                  

individual to whom it is issued to practice as a pharmacist or as  6,918        

a pharmacy PHARMACIST intern in this state until the next annual   6,920        

renewal date.                                                                   

      Identification cards shall be renewed annually on the        6,922        

fifteenth day of September, according to the standard renewal      6,923        

procedure of sections 4745.01 to 4745.03 CHAPTER 4745. of the      6,925        

Revised Code.                                                                   

      Each pharmacist and pharmacy PHARMACIST intern shall have    6,927        

his CARRY THE identification card or renewal identification card   6,929        

on his person while engaged in the practice of pharmacy and his    6,930        

certificate of registration.  THE LICENSE shall be conspicuously   6,931        

exposed at the principal place where he THE PHARMACIST OR          6,933        

                                                          149    

                                                                 
PHARMACIST INTERN practices pharmacy.                              6,934        

      If a A pharmacist or pharmacy PHARMACIST intern WHO desires  6,937        

to continue IN the practice of his profession, he PHARMACY shall   6,938        

file with the board an application in such form and containing     6,940        

such data as the board may require for renewal of an               6,941        

identification card.  If the board finds that the applicant has    6,942        

been registered and that such registration APPLICANT'S CARD has    6,943        

not been revoked or placed under suspension, AND that he THE       6,945        

APPLICANT has paid the renewal fee, has continued his pharmacy     6,946        

education in accordance with the rules of the board, and is        6,947        

entitled to continue in the practice of pharmacy, the board shall  6,948        

issue a renewal identification card to the applicant.              6,949        

      When an identification card has lapsed for more than sixty   6,951        

days but application is made within three years after the          6,952        

expiration of the card, the applicant shall be issued a renewal    6,953        

identification card without further examination if he THE          6,954        

APPLICANT meets the requirements of this section and pays the fee  6,956        

designated under division (E) of section 4729.15 of the Revised    6,957        

Code.                                                                           

      Sec. 4729.13.  If a registered A pharmacist WHO fails to     6,966        

make application to the state board of pharmacy for a renewal      6,968        

identification card within a period of three years from the        6,969        

expiration of his THE identification card, he must pass an         6,970        

examination for registration; except that a person who has been    6,971        

registered under the laws of this state and after the expiration   6,972        

of his PHARMACIST WHOSE registration HAS EXPIRED, BUT WHO has      6,973        

continually practiced pharmacy in another state under a            6,974        

certificate LICENSE issued by the authority of such THAT state,    6,976        

may obtain a renewal identification card upon payment to the                    

executive director of the board the fee designated under division  6,977        

(F) of section 4729.15 of the Revised Code.                        6,978        

      Sec. 4729.14.  A replacement certificate LICENSE or          6,987        

identification card may be issued a person registered WITH THE     6,990        

STATE BOARD OF PHARMACY as a pharmacist or as a pharmacy           6,991        

                                                          150    

                                                                 
PHARMACIST intern whose certificate LICENSE or identification      6,993        

card has been lost or destroyed, upon condition that the                        

applicant by affidavit sets forth the facts concerning the loss    6,994        

or destruction of his certificate THE PREVIOUSLY ISSUED LICENSE    6,995        

or identification card.                                            6,996        

      Sec. 4729.15.  The state board of pharmacy shall charge the  7,005        

following fees:                                                    7,006        

      (A)  For applying for registration A LICENSE TO PRACTICE as  7,008        

a pharmacist, an amount adequate to cover all rentals,             7,010        

compensation for proctors, and other expenses of the board         7,011        

related to examination except the expenses of procuring and        7,012        

grading the examination, which fee shall not be returned if the    7,013        

applicant fails to pass the examination;                           7,014        

      (B)  For the examination of an applicant for registration    7,016        

LICENSURE as a pharmacist, an amount adequate to cover any         7,018        

expenses to the board of procuring and grading the examination or  7,019        

any part thereof, which fee shall not be returned if the           7,020        

applicant fails to pass the examination;                           7,021        

      (C)  For issuing a certificate of registration LICENSE and   7,023        

an identification card to an individual who passes the             7,024        

examination described in section 4729.07 of the Revised Code, an   7,026        

amount that is adequate to cover the expense;                      7,027        

      (D)  For the renewal application fee of a pharmacist         7,029        

APPLYING for RENEWAL OF an identification card within sixty days   7,031        

after the expiration date, sixty-five dollars, which fee shall     7,032        

not be returned if the applicant fails to qualify for renewal;     7,034        

      (E)  For the renewal application fee of a pharmacist         7,036        

APPLYING for RENEWAL OF an identification card that has lapsed     7,038        

for more than sixty days, but for less than three years, ninety    7,039        

dollars, which fee shall not be returned if the applicant fails    7,040        

to qualify for renewal;                                                         

      (F)  For the renewal application fee of a pharmacist         7,042        

APPLYING for RENEWAL OF an identification card that has lapsed     7,044        

for more than three years, two hundred twenty-five dollars, which  7,045        

                                                          151    

                                                                 
fee shall not be returned if the applicant fails to qualify for    7,047        

renewal;                                                                        

      (G)  For the application fee of an applicant for             7,049        

registration as a pharmacist, certificate of registration,         7,050        

APPLYING FOR A LICENSE and identification card, on presentation    7,052        

of a certificate PHARMACIST LICENSE granted by another state, two  7,054        

hundred twenty-five dollars, which fee shall not be returned if    7,055        

the applicant fails to qualify for registration LICENSURE.         7,056        

      (H)  For the application fee for registration A LICENSE AND  7,058        

IDENTIFICATION CARD TO PRACTICE as a pharmacy PHARMACIST intern,   7,060        

certificate of registration, and identification card, fifteen      7,061        

dollars, which fee shall not be returned if the applicant fails                 

to qualify for registration LICENSURE;                             7,062        

      (I)  For the renewal application fee of a pharmacy           7,064        

PHARMACIST intern for an identification card, fifteen dollars,     7,066        

which fee shall not be returned if the applicant fails to qualify  7,067        

for renewal;                                                                    

      (J)  For issuing a replacement certificate LICENSE to a      7,069        

pharmacist, fifteen dollars;                                       7,071        

      (K)  For issuing a replacement certificate LICENSE to a      7,073        

pharmacy PHARMACIST intern, five dollars;                          7,075        

      (L)  For issuing a replacement identification card to a      7,077        

pharmacist, twenty-five dollars, or pharmacy TO A PHARMACIST       7,078        

intern, five dollars;                                              7,080        

      (M)  For certifying registration LICENSURE and grades for    7,082        

reciprocal registration LICENSURE, six dollars and seventy-five    7,084        

cents;                                                                          

      (N)  For making copies of any application, affidavit, or     7,086        

other document filed in the state board of pharmacy office, an     7,087        

amount fixed by the board that is adequate to cover the expense,   7,088        

except that for copies required by federal or state agencies or    7,089        

law enforcement officers for official purposes, no charge need be  7,090        

made;                                                              7,091        

      (O)  For certifying and affixing the seal of the board, an   7,093        

                                                          152    

                                                                 
amount fixed by the board that is adequate to cover the expense,   7,094        

except that for certifying and affixing the seal of the board to   7,095        

a document required by federal or state agencies or law            7,096        

enforcement officers for official purposes, no charge need be      7,097        

made;                                                              7,098        

      (P)  For each copy of a book or pamphlet that includes laws  7,100        

administered by the state board of pharmacy, rules adopted by the  7,101        

board, and chapters of the Revised Code with which the board is    7,102        

required to comply, an amount fixed by the board that is adequate  7,103        

to cover the expense of publishing and furnishing the book or      7,104        

pamphlet.                                                          7,105        

      Sec. 4729.16.  (A)  The state board of pharmacy, after       7,114        

notice and hearing in accordance with Chapter 119. of the Revised  7,116        

Code, may revoke, suspend, place on probation, or refuse to grant  7,117        

or renew an identification card under this chapter, or may impose  7,118        

a monetary penalty or forfeiture not to exceed in severity any     7,119        

fine designated under the Revised Code for a similar offense, or   7,121        

in the case of a violation of a section of the Revised Code that   7,122        

does not bear a penalty, a monetary penalty or forfeiture of not   7,124        

more than five hundred dollars, if the board finds a pharmacist    7,125        

or pharmacy PHARMACIST intern:                                                  

      (1)  Guilty of a felony or gross immorality;                 7,127        

      (2)  Guilty of dishonesty or unprofessional conduct in the   7,129        

practice of pharmacy;                                              7,130        

      (3)  Addicted to or abusing liquor or drugs or impaired      7,132        

physically or mentally to such a degree as to render him THE       7,133        

PHARMACIST OR PHARMACY INTERN unfit to practice pharmacy;          7,135        

      (4)  Has been convicted of a misdemeanor related to, or      7,137        

committed in, the practice of pharmacy;                            7,138        

      (5)  Guilty of willfully violating, conspiring to violate,   7,140        

attempting to violate, or aiding and abetting the violation of     7,141        

any of the provisions of THIS CHAPTER, sections 3715.52 to         7,142        

3715.72 OF THE REVISED CODE, or Chapter 2925., OR 3719., or 4729.  7,144        

of the Revised Code;                                                            

                                                          153    

                                                                 
      (6)  Guilty of permitting anyone other than a pharmacist or  7,146        

pharmacy PHARMACIST intern to practice pharmacy;                   7,147        

      (7)  Guilty of knowingly lending his THE PHARMACIST'S OR     7,149        

PHARMACIST INTERN'S name to an illegal practitioner of pharmacy    7,151        

or having professional connection with an illegal practitioner of  7,152        

pharmacy; or                                                                    

      (8)  Guilty of dividing or agreeing to divide remuneration   7,154        

made in the practice of pharmacy with any other individual,        7,155        

including, but not limited to, a practitioner ANY LICENSED HEALTH  7,156        

PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS or any owner, manager,  7,158        

or employee of a health care facility, residential care facility,  7,159        

or nursing home.                                                                

      (B)  Any individual whose identification card is revoked,    7,161        

suspended, or refused, shall return his THE identification card    7,162        

and certificate of registration LICENSE to the offices of the      7,164        

state board of pharmacy within ten days after receipt of notice    7,166        

of such action.                                                                 

      (C)  As used in this section:                                7,168        

      "Unprofessional conduct in the practice of pharmacy"         7,170        

includes any of the following:                                     7,171        

      (1)  Advertising or displaying signs that promote dangerous  7,173        

drugs to the public in a manner that is false or misleading;       7,174        

      (2)  The sale of any drug for which a prescription from a    7,176        

practitioner is required, without having received a prescription   7,177        

for the drug OR PERSONALLY PRESCRIBING THE DRUG;                   7,178        

      (3)  Willfully and knowingly filling prescriptions or        7,180        

selling drugs for false or forged prescriptions;                   7,181        

      (4)  Willfully and knowingly failing to maintain complete    7,183        

and accurate records of all controlled substances received or      7,184        

dispensed in compliance with federal laws and regulations and      7,185        

state laws and rules;                                              7,186        

      (5)  Obtaining any remuneration by fraud,                    7,188        

misrepresentation, or deception;                                   7,189        

      (6)  Obtaining or attempting to obtain a license issued      7,191        

                                                          154    

                                                                 
under THIS CHAPTER OR Chapter 3715. or 4729. of the Revised Code   7,192        

from the state board of pharmacy by fraud, misrepresentation, or   7,194        

deception;                                                                      

      (7)  Waiving EXCEPT AS PROVIDED IN DIVISION (D) OF THIS      7,196        

SECTION:                                                           7,197        

      (a)  WAIVING the payment of all or any part of a deductible  7,199        

or copayment that an individual, pursuant to a health insurance    7,200        

or health care policy, contract, or plan that covers               7,201        

pharmaceutical services, would otherwise be required to pay for    7,202        

the services if the waiver is used as an enticement to a patient   7,203        

or group of patients to receive health care services from that     7,204        

provider.;                                                                      

      (8)(b)  Advertising that a pharmacy, pharmacist, or          7,206        

pharmacist intern will waive the payment of all or any part of a   7,207        

deductible or copayment that an individual, pursuant to a health   7,208        

insurance or health care policy, contract, or plan that covers     7,209        

pharmaceutical services, would otherwise be required to pay for    7,210        

the services.                                                      7,211        

      (D)  Notwithstanding divisions SANCTIONS SHALL NOT BE        7,213        

IMPOSED UNDER DIVISION (C)(7) and (8) of this section, sanctions   7,215        

shall not be imposed against any licensee PHARMACIST OR            7,216        

PHARMACIST INTERN who waives deductibles and copayments AS         7,217        

FOLLOWS:                                                                        

      (1)  In compliance with the A health benefit plan that       7,219        

expressly allows such a practice.  Waiver of the deductibles or    7,220        

copays COPAYMENTS shall be made only with the full knowledge and   7,221        

consent of the plan purchaser, payer, and third-party              7,222        

administrator.  Such DOCUMENTATION OF THE consent shall be made    7,224        

available to the board upon request.                                            

      (2)  For professional services rendered to any other person  7,226        

licensed pursuant to this chapter to the extent allowed by this    7,227        

chapter and the rules of the board.                                7,228        

      Sec. 4729.25.  (A)  The state board of pharmacy shall        7,237        

enforce, or cause to be enforced, this chapter.  If it has         7,238        

                                                          155    

                                                                 
information that such sections have ANY PROVISION OF THIS CHAPTER  7,239        

HAS been violated, it shall investigate the matter, and take such  7,240        

action as it considers appropriate in accordance with its rules    7,241        

made and published pursuant to ADOPTED UNDER section 4729.26 of    7,242        

the Revised Code.  WITH REGARD TO VIOLATIONS OF SECTIONS 4729.51   7,243        

TO 4729.62 OF THE REVISED CODE, THE BOARD'S ACTIONS ALSO SHALL BE               

TAKEN IN ACCORDANCE WITH SECTION 4729.63 OF THE REVISED CODE.      7,244        

      (B)  Nothing in this chapter shall be construed to require   7,246        

the state board of pharmacy to enforce minor violations of this    7,247        

chapter if the board determines that the public interest is        7,248        

adequately served by a notice or warning to the alleged offender.  7,249        

      Sec. 4729.26.  The state board of pharmacy is empowered to   7,258        

make such MAY ADOPT rules and regulations, subject to and in       7,259        

accordance with sections 119.01 to 119.13, inclusive, CHAPTER      7,261        

119. of the Revised Code, not inconsistent with the law,           7,262        

pertaining to the practice of pharmacy as may be necessary to      7,263        

carry out the purpose PURPOSES of and TO enforce sections 4729.01  7,264        

to 4729.37, inclusive, of the Revised Code THE PROVISIONS OF THIS  7,265        

CHAPTER PERTAINING TO THE PRACTICE OF PHARMACY.  Such THE rules    7,266        

and regulations shall be published and distributed by the board    7,268        

to each of its licensees PHARMACIST LICENSED UNDER THIS CHAPTER.   7,269        

      Sec. 4729.27.  A person not a registered pharmacist, who     7,278        

owns, manages, or conducts a pharmacy as defined in section        7,280        

4729.02 of the Revised Code, shall have in his employ, A           7,281        

PHARMACIST TO BE in full and actual charge of such pharmacy, a     7,283        

pharmacist registered under the laws of this state.  Any           7,284        

registered pharmacist, who owns, manages, or conducts a pharmacy   7,286        

shall be personally in full and actual charge of such THE          7,287        

pharmacy, or shall have in his employ ANOTHER PHARMACIST TO BE in  7,289        

full and actual charge of such THE pharmacy, a pharmacist          7,290        

registered under the laws of this state.                           7,291        

      Sec. 4729.28.  No person who is not a registered pharmacist  7,300        

or a pharmacy PHARMACIST intern under the personal supervision of  7,302        

a registered pharmacist shall compound, dispense, SUPPLY, or sell  7,303        

                                                          156    

                                                                 
drugs, dangerous drugs, and poisons OR OTHERWISE ENGAGE IN THE     7,305        

PRACTICE OF PHARMACY.                                                           

      Sec. 4729.29.  (A)  As used in this section:                 7,314        

      (1)  "Dentist" means a person licensed under Chapter 4715.   7,316        

of the Revised Code to practice dentistry.                         7,317        

      (2)  "Optometrist" means a person who is licensed to         7,319        

practice optometry and holds a valid therapeutic pharmaceutical    7,320        

agents certificate issued under Chapter 4725. of the Revised       7,321        

Code.                                                              7,322        

      (3)  "Physician" means a person holding a valid certificate  7,324        

issued under Chapter 4731. of the Revised Code authorizing the     7,325        

person to practice medicine and surgery, osteopathic medicine and  7,327        

surgery, or podiatry.                                              7,328        

      (4)  "Veterinarian" means a person licensed under Chapter    7,330        

4741. of the Revised Code to practice veterinarian medicine.       7,331        

      (B)  Divisions (A) and (B) of section 4729.02 and sections   7,333        

4729.26, 4729.27, and 4729.28 of the Revised Code do not do        7,334        

either of the following:                                           7,335        

      (1)  Apply EXCEPT FOR ADVANCED PRACTICE NURSES, APPLY to a   7,338        

dentist, optometrist, physician, or veterinarian LICENSED HEALTH   7,339        

PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS or prevent a dentist,   7,340        

optometrist, physician, or veterinarian PRESCRIBER from            7,342        

personally supplying FURNISHING the dentist's, optometrist's,      7,344        

physician's, or veterinarian's PRESCRIBER'S patients with such     7,345        

drugs as to the dentist, optometrist, physician, or veterinarian   7,347        

THAT seem proper TO THE PRESCRIBER;                                             

      (2)  Apply to the sale of oxygen, peritoneal dialysis        7,349        

solutions, or the sale of proprietary drugs or medicines by a      7,351        

retail dealer, in original packages when labeled as required by    7,352        

the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938),  7,353        

21 U.S.C.A. 301, as amended.                                                    

      (B)  WHEN A PRESCRIBER PERSONALLY FURNISHES DRUGS TO A       7,356        

PATIENT PURSUANT TO DIVISION (A)(1) OF THIS SECTION, THE           7,357        

PRESCRIBER SHALL ENSURE THAT THE DRUGS ARE LABELED AND PACKAGED    7,358        

                                                          157    

                                                                 
IN ACCORDANCE WITH STATE AND FEDERAL DRUG LAWS AND ANY RULES AND   7,359        

REGULATIONS ADOPTED PURSUANT TO THOSE LAWS.  RECORDS OF PURCHASE   7,360        

AND DISPOSITION OF ALL DRUGS PERSONALLY FURNISHED TO PATIENTS      7,361        

SHALL BE MAINTAINED BY THE PRESCRIBER IN ACCORDANCE WITH STATE     7,362        

AND FEDERAL DRUG LAWS AND ANY RULES AND REGULATIONS ADOPTED        7,363        

PURSUANT TO THOSE LAWS.                                            7,364        

      (C)  Nothing in this chapter prohibits a person who is       7,366        

certified to administer topical ocular pharmaceutical agents       7,367        

under Chapter 4725. of the Revised Code from purchasing,           7,368        

possessing, or administering topical ocular pharmaceutical agents  7,369        

in accordance with Chapter 4725. of the Revised Code.              7,370        

      Sec. 4729.30.  Sections 4729.27 and 4729.28 of the Revised   7,379        

Code shall not prohibit a person from selling Paris green and      7,380        

other materials or compounds used exclusively for spraying and     7,381        

disinfecting when put up in bottles or boxes, bearing the name of  7,383        

a registered LICENSED pharmacist or wholesale dealer, and labeled  7,385        

as required by section 3719.33 of the Revised Code or apply to or               

interfere with the exclusively wholesale business of a dealer.     7,387        

      Sec. 4729.36.  (A)  No place except a pharmacy LICENSED AS   7,396        

A TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS AND NO PERSON EXCEPT A   7,397        

LICENSED PHARMACIST shall display any sign or advertise in any     7,400        

fashion, using the words "pharmacy," "drugs," "drug store," "drug  7,401        

store supplies," "pharmacist," "druggist," "pharmaceutical                      

chemist," "apothecary," "drug sundries," "medicine," or any of     7,402        

these words or their equivalent, in any manner.                    7,403        

      (B)  A pharmacy or pharmacist making retail sales may        7,405        

advertise by name or therapeutic class the availability for sale   7,406        

of OR dispensing of any dangerous drug provided such THAT THE      7,408        

advertising includes THE price information as defined SPECIFIED    7,410        

IN THE DEFINITION OF THAT TERM in division (N) of section 4729.02  7,411        

of the Revised Code.                                                            

      Sec. 4729.37.  A copy of an original prescription may only   7,420        

be filled in accordance with the rules and regulations adopted by  7,421        

the state board of pharmacy.                                       7,422        

                                                          158    

                                                                 
      Prescriptions received ELECTRONICALLY OR by word of mouth,   7,424        

telephone, telegraph, or other means of communication shall be     7,427        

recorded in writing by the pharmacist and the record so made by    7,428        

the pharmacist shall constitute the original prescription to be                 

filled by the pharmacist.  All prescriptions shall be preserved    7,429        

on file at the pharmacy for a period of three years, subject to    7,430        

inspection by the proper officers of the law.                      7,431        

      Sec. 4729.38.  (A)  Unless instructed otherwise by the       7,441        

person receiving the drug pursuant to the prescription, a          7,442        

pharmacist filling a prescription for a drug prescribed by its     7,443        

brand name may select a generically equivalent drug, as defined    7,444        

in section 3715.01 of the Revised Code, subject to the following   7,445        

conditions:                                                        7,446        

      (1)  The pharmacist shall not select a generically           7,448        

equivalent drug if the prescriber handwrites "dispense as          7,449        

written," or "D.A.W.," on the written prescription, or, when       7,451        

ordering a prescription ELECTRONICALLY OR orally, the prescriber   7,452        

specifies that the prescribed drug is medically necessary.  These  7,454        

designations shall not be preprinted or stamped on the             7,455        

prescription.  Division (A)(1) of this section does not preclude   7,456        

a reminder of the procedure required to prohibit the selection of  7,457        

a generically equivalent drug from being preprinted on the         7,458        

prescription.                                                                   

      (2)  The pharmacist shall not select a generically           7,460        

equivalent drug unless its price to the purchaser PATIENT is less  7,462        

than OR EQUAL TO the price of the prescribed drug, and shall pass  7,463        

on as a savings to the purchaser, other than the state medical     7,464        

assistance program, the full amount of the retail price            7,465        

difference between the prescribed brand name drug and the          7,466        

generically equivalent drug.  The amount paid for the generic      7,467        

drug under the state medical assistance program shall be as        7,468        

provided by federal regulation.                                    7,469        

      (3)  The pharmacist, or the pharmacist's agent, assistant,   7,471        

or employee shall inform the person receiving the drug pursuant    7,472        

                                                          159    

                                                                 
to the prescription of the selection of PATIENT OR THE PATIENT'S   7,473        

AGENT IF a lower cost generically equivalent drug IS AVAILABLE AT  7,475        

A LOWER OR EQUAL COST, of the price difference between the brand   7,476        

name drug and the generically equivalent drug, and of the          7,477        

person's right to refuse CHOOSE the drug selected.  Division       7,478        

(A)(3) of this section does not apply to any:                      7,480        

      (a)  Prescription that is billed to any agency, division,    7,482        

or department of this state which will reimburse the pharmacy;     7,483        

      (b)  Prescriptions for patients of a hospital, nursing       7,485        

home, or similar patient care facility.                            7,486        

      (B)  Unless the prescriber instructs otherwise, the label    7,488        

for every drug dispensed shall include the drug's brand name, if   7,489        

any, or its generic name and the name of the distributor, using    7,490        

abbreviations if necessary.  A pharmacist shall indicate on the    7,491        

container or its label the A notation "THAT A generic              7,493        

substitution WAS made" when dispensing at retail a generically     7,494        

equivalent drug for the brand name drug prescribed, and shall      7,495        

verbally notify the recipient that a generic substitution has      7,496        

been made.  This requirement shall be in addition to all other     7,497        

labeling requirements of Chapter 3715. of the Revised Code.        7,498        

      (C)  A pharmacist who selects a generically equivalent drug  7,500        

pursuant to this section assumes no greater liability for          7,501        

selecting the dispensed drug than would be incurred in filling a   7,502        

prescription for a drug prescribed by its brand name.              7,503        

      (D)  The failure of a prescriber to restrict a prescription  7,505        

by specifying "dispense as written," or "D.A.W.," pursuant to      7,507        

division (A)(1) of this section shall not constitute evidence of   7,508        

the prescriber's negligence unless the prescriber had reasonable   7,509        

cause to believe that the health condition of the patient for      7,510        

whom the drug was intended warranted the prescription of a         7,511        

specific brand name drug and no other.  No licensed prescriber     7,512        

shall be liable for civil damages or in any criminal prosecution   7,513        

arising from the interchange of a generically equivalent drug for  7,514        

a prescribed brand name drug by a pharmacist, unless the           7,515        

                                                          160    

                                                                 
prescribed brand name drug would have reasonably caused the same   7,516        

loss, damage, injury, or death.                                    7,517        

      (E)  Each terminal distributor shall prepare a list of       7,519        

generic and brand name drug products which may be selected as the  7,520        

drug product of choice.  In compiling the list of generic and      7,521        

brand name drug products, the distributor shall rely on the drug   7,522        

product research, testing, information, and lists compiled by      7,523        

other pharmacies, states, the United States department of health   7,524        

and human services, and any other source which the distributor     7,525        

considers reliable.  The list shall be available for review in     7,526        

the pharmacy on request of the public, the state board of          7,527        

pharmacy, or any practitioner.  This list shall be revised         7,528        

following each addition, deletion, or modification.  No drug       7,529        

interchange shall be made by a pharmacist unless the drug to be    7,530        

interchanged is on this list.                                      7,531        

      Sec. 4729.381.  No licensed pharmacist shall be liable for   7,540        

civil damages or in any criminal prosecution arising from the      7,542        

dispensing of a drug based upon a formulary established by a       7,543        

practitioner PHARMACIST IN CONSULTATION WITH A COMMITTEE MADE UP   7,544        

OF LICENSED HEALTH PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS in  7,545        

a hospital, health maintenance organization, or long-term care     7,546        

facility and requiring the pharmacist to dispense the particular   7,547        

drug.                                                                           

      Sec. 4729.39.  (A)  NO PERSON SHALL PRESCRIBE DRUGS,         7,549        

DANGEROUS DRUGS, OR DRUG THERAPY RELATED DEVICES, OTHER THAN A     7,550        

LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS.        7,551        

      (B)  A LICENSED PHARMACIST MAY PRESCRIBE DRUGS, DANGEROUS    7,553        

DRUGS, AND DRUG THERAPY RELATED DEVICES TO MANAGE A PATIENT'S      7,554        

DRUG THERAPY, BUT ONLY IF THE PHARMACIST HAS ENTERED INTO A        7,555        

CONSULT AGREEMENT TO MANAGE THAT PATIENT'S DRUG THERAPY.  A        7,556        

PHARMACIST MAY ENTER INTO A CONSULT AGREEMENT WITH A DOCTOR OF     7,557        

MEDICINE OR OSTEOPATHIC MEDICINE, PODIATRIST, DENTIST, OR                       

VETERINARIAN OR WITH A GROUP OF SUCH LICENSED HEALTH               7,558        

PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS.  MORE THAN ONE        7,559        

                                                          161    

                                                                 
PHARMACIST MAY BE SUBJECT TO THE SAME CONSULT AGREEMENT.  EACH     7,560        

CONSULT AGREEMENT SHALL BE ESTABLISHED IN WRITING AND SHALL        7,561        

SPECIFY THE PROTOCOL TO BE FOLLOWED BY THE PHARMACIST IN MANAGING               

THE PATIENT'S DRUG THERAPY.                                        7,562        

      Sec. 4729.51.  (A)  No person other than a registered        7,571        

wholesale distributor of dangerous drugs shall possess for sale,   7,572        

sell, distribute, or deliver, at wholesale, dangerous drugs,       7,573        

except as follows:                                                 7,574        

      (1)  A pharmacist who is a licensed terminal distributor of  7,576        

dangerous drugs or who is employed by a licensed terminal          7,577        

distributor of dangerous drugs may make occasional sales of        7,578        

dangerous drugs at wholesale;                                      7,579        

      (2)  A licensed terminal distributor of dangerous drugs      7,581        

having more than one establishment or place may transfer or        7,582        

deliver dangerous drugs from one establishment or place for which  7,583        

a license has been issued to the terminal distributor to another   7,584        

establishment or place for which a license has been issued to the  7,585        

terminal distributor if the license issued for each establishment  7,587        

or place is in effect at the time of the transfer or delivery.     7,588        

      (B)(1)  No registered wholesale distributor of dangerous     7,590        

drugs shall possess for sale, or sell, at wholesale, dangerous     7,591        

drugs to any person other than the following:                      7,592        

      (a)  A practitioner;                                         7,594        

      (b)  A registered wholesale distributor of dangerous drugs;  7,596        

      (c)(b)  A manufacturer of dangerous drugs;                   7,598        

      (d)(c)  A licensed terminal distributor of dangerous drugs,  7,600        

subject to division (B)(2) of this section;                        7,601        

      (e)(d)  Carriers or warehousemen WAREHOUSERS for the         7,604        

purpose of carriage or storage;                                    7,605        

      (f)(e)  Terminal or wholesale distributors of dangerous      7,607        

drugs who are not engaged in the sale of dangerous drugs within    7,608        

this state;                                                        7,609        

      (g)  An optometrist licensed under Chapter 4725. of the      7,611        

Revised Code who is certified to administer topical ocular         7,612        

                                                          162    

                                                                 
pharmaceutical agents under that chapter for the purposes          7,613        

authorized by that chapter;                                        7,614        

      (h)(f)  An individual who holds a current license,           7,616        

certificate, or registration issued under Title 47 of the Revised  7,618        

Code and has been certified to conduct diabetes education by a     7,620        

national certifying body specified in rules adopted by the state   7,621        

board of pharmacy under section 4729.68 of the Revised Code, but   7,622        

only with respect to insulin that will be used for the purpose of  7,624        

diabetes education and only if diabetes education is within the    7,625        

individual's scope of practice under statutes and rules            7,626        

regulating the individual's profession.                            7,627        

      (2)  No registered wholesale distributor of dangerous drugs  7,629        

shall possess dangerous drugs for sale at wholesale, or sell such  7,630        

drugs at wholesale, to a licensed terminal distributor of          7,631        

dangerous drugs, except to:                                        7,632        

      (a)  A terminal distributor who has a category I license,    7,634        

only dangerous drugs described in category I, as defined in        7,635        

division (A)(1) of section 4729.54 of the Revised Code;            7,636        

      (b)  A terminal distributor who has a category II license,   7,638        

only dangerous drugs described in category I and category II, as   7,639        

defined in divisions (A)(1) and (2) of section 4729.54 of the      7,640        

Revised Code;                                                      7,641        

      (c)  A terminal distributor who has a category III license,  7,643        

dangerous drugs described in category I, category II, and          7,644        

category III, as defined in divisions (A)(1), (2), and (3) of      7,645        

section 4729.54 of the Revised Code;                               7,646        

      (d)  A terminal distributor who has a limited category I,    7,648        

II, or III license, only the dangerous drugs specified in the      7,649        

certificate furnished by the terminal distributor in accordance    7,650        

with section 4729.60 of the Revised Code.                          7,651        

      (C)(1)  Except as provided in division (C)(4) of this        7,653        

section, no person shall sell, at retail, dangerous drugs.         7,654        

      (2)  Except as provided in division (C)(4) of this section,  7,656        

no person shall possess for sale, at retail, dangerous drugs.      7,657        

                                                          163    

                                                                 
      (3)  Except as provided in division (C)(4) of this section,  7,659        

no person shall possess dangerous drugs.                           7,660        

      (4)  Divisions (C)(1), (2), and (3) of this section do not   7,662        

apply to a registered wholesale distributor of dangerous drugs, a  7,663        

licensed terminal distributor of dangerous drugs, a practitioner,  7,665        

or a person who possesses, or possesses for sale or sells, at      7,666        

retail, a dangerous drug in accordance with Chapters 3719.,        7,667        

4715., 4725., 4729., 4731., and 4741. of the Revised Code.         7,668        

      Divisions (C)(1), (2), and (3) of this section do not apply  7,671        

to an individual who holds a current license, certificate, or      7,672        

registration issued under Title 47 of the Revised Code and has     7,675        

been certified to conduct diabetes education by a national         7,676        

certifying body specified in rules adopted by the state board of   7,677        

pharmacy under section 4729.68 of the Revised Code, but only to    7,679        

the extent that the individual possesses insulin or personally     7,680        

supplies insulin solely for the purpose of diabetes education and  7,681        

only if diabetes education is within the individual's scope of     7,682        

practice under statutes and rules regulating the individual's      7,683        

profession.                                                        7,684        

      (D)  No licensed terminal distributor of dangerous drugs     7,686        

shall purchase for the purpose of resale dangerous drugs from any  7,688        

person other than a registered wholesale distributor of dangerous  7,690        

drugs, except as follows:                                          7,691        

      (1)  A licensed terminal distributor of dangerous drugs may  7,693        

make occasional purchases of dangerous drugs for resale from a     7,694        

pharmacist who is a licensed terminal distributor of dangerous     7,695        

drugs or who is employed by a licensed terminal distributor of     7,696        

dangerous drugs;                                                   7,697        

      (2)  A licensed terminal distributor of dangerous drugs      7,699        

having more than one establishment or place may transfer or        7,700        

receive dangerous drugs from one establishment or place for which  7,701        

a license has been issued to the terminal distributor to another   7,702        

establishment or place for which a license has been issued to the  7,703        

terminal distributor if the license issued for each establishment  7,704        

                                                          164    

                                                                 
or place is in effect at the time of the transfer or receipt.      7,705        

      (E)  No licensed terminal distributor of dangerous drugs     7,707        

shall engage in the sale or other distribution of dangerous drugs  7,708        

at retail or maintain possession, custody, or control of           7,709        

dangerous drugs for any purpose other than the distributor's       7,710        

personal use or consumption, at any establishment or place other   7,712        

than that or those described in the license issued by the board    7,713        

of pharmacy to such terminal distributor.                          7,714        

      (F)  Nothing in this section shall do either of the          7,716        

following:                                                         7,717        

      (1)  Require a person engaged solely in the sale or other    7,719        

distribution, at wholesale, of drugs and supplies for veterinary   7,720        

use only, to be registered under sections 4729.50 to 4729.66 of    7,721        

the Revised Code;                                                  7,722        

      (2)  Prohibit the purchase or sale, at wholesale, or drugs   7,724        

and supplies for veterinary use only by a person engaged solely    7,725        

in the distribution of drugs and supplies for veterinary use       7,726        

only.                                                              7,727        

      (G)  Nothing in this section shall be construed to           7,729        

interfere with the performance of official duties by any law       7,730        

enforcement official authorized by municipal, county, state, or    7,732        

federal law to collect samples of any drug, regardless of its      7,733        

nature or in whose possession it may be.                           7,734        

      Sec. 4729.54.  (A)  As used in this section:                 7,743        

      (1)  "Category I" means single-dose injections of            7,745        

intravenous fluids, including saline, Ringer's lactate, five per   7,746        

cent dextrose and distilled water, and other intravenous fluids    7,747        

or parenteral solutions included in this category by rule of the   7,748        

STATE board of pharmacy, that have a volume of one hundred         7,749        

milliliters or more and that contain no added substances, or       7,750        

single-dose injections of epinephrine to be administered pursuant  7,751        

to sections 4765.38 and 4765.39 of the Revised Code.               7,752        

      (2)  "Category II" means any dangerous drug that is not      7,754        

included in category I or III.                                     7,755        

                                                          165    

                                                                 
      (3)  "Category III" means any controlled substance that is   7,757        

contained in schedule I, II, III, IV, or V.                        7,758        

      (4)  "Emergency medical service organization" has the same   7,760        

meaning as in section 4765.01 of the Revised Code.                 7,761        

      (5)  "Person" includes an emergency medical service          7,763        

organization.                                                      7,764        

      (6)  "Schedule I, schedule II, schedule III, schedule IV,    7,766        

and schedule V" mean controlled substance schedules I, II, III,    7,767        

IV, and V, respectively, as established pursuant to section        7,768        

3719.41 of the Revised Code and as amended.                        7,769        

      (B)  A person who desires to be licensed as a terminal       7,771        

distributor of dangerous drugs shall file with the executive       7,772        

director of the STATE board of pharmacy a verified application     7,773        

that contains the following:                                       7,774        

      (1)  Information that the board requires relative to the     7,776        

qualifications of a terminal distributor of dangerous drugs set    7,777        

forth in section 4729.55 of the Revised Code;                      7,778        

      (2)  A statement that the person wishes to be licensed as a  7,780        

category I, category II, category III, limited category I,         7,781        

limited category II, or limited category III terminal distributor  7,782        

of dangerous drugs;                                                7,783        

      (3)  If the person wishes to be licensed as a limited        7,785        

category I, limited category II, or limited category III terminal  7,786        

distributor of dangerous drugs, a notarized list of the dangerous  7,787        

drugs that the person wishes to possess, have custody or control   7,788        

of, and distribute, which list shall also specify the purpose for  7,789        

which those drugs will be used and their source;                   7,790        

      (4)  If the person is an emergency medical service           7,792        

organization, the information that is specified in division        7,793        

(C)(1) of this section;                                            7,794        

      (5)  Except for an emergency medical service organization,   7,796        

the identity of the one establishment or place at which the        7,797        

person intends to engage in the sale or other distribution of      7,798        

dangerous drugs at retail, and maintain possession, custody, or    7,799        

                                                          166    

                                                                 
control of dangerous drugs for purposes other than the person's    7,800        

own use or consumption.                                            7,801        

      (C)(1)  An emergency medical service organization that       7,803        

wishes to be licensed as a terminal distributor of dangerous       7,804        

drugs shall list in its application for licensure the following    7,805        

additional information:                                            7,806        

      (a)  The units under its control that the organization       7,808        

determines will possess dangerous drugs for the purpose of         7,809        

administering emergency medical services in accordance with        7,810        

Chapter 4765. of the Revised Code;                                 7,811        

      (b)  With respect to each such unit, whether the dangerous   7,813        

drugs that the organization determines the unit will possess are   7,814        

in category I, II, or III.                                         7,815        

      (2)  An emergency medical service organization that is       7,817        

licensed as a terminal distributor of dangerous drugs shall file   7,818        

a new application for such licensure if there is any change in     7,819        

the number, or location of, any of its units or any change in the  7,820        

category of the dangerous drugs that any unit will possess.        7,821        

      (3)  A unit listed in an application for licensure pursuant  7,823        

to division (C)(1) of this section may obtain the dangerous drugs  7,824        

it is authorized to possess from its emergency medical service     7,825        

organization or, on a replacement basis, from a hospital           7,826        

pharmacy.  If units will obtain dangerous drugs from a hospital    7,827        

pharmacy, the organization shall file, and maintain in current     7,828        

form, the following items with the pharmacist who is responsible   7,829        

for the hospital's terminal distributor of dangerous drugs         7,830        

license:                                                           7,831        

      (a)  A copy of its standing orders or protocol;              7,833        

      (b)  A list of the personnel employed or used by the         7,835        

organization to provide emergency medical services in accordance   7,836        

with Chapter 4765. of the Revised Code, who are authorized to      7,837        

possess the drugs, which list also shall indicate the personnel    7,838        

who are authorized to administer the drugs.                        7,839        

      (D)  Each emergency medical service organization that        7,841        

                                                          167    

                                                                 
applies for a terminal distributor of dangerous drugs license      7,842        

shall submit with its application the following:                   7,843        

      (1)  A notarized copy of its standing orders or protocol,    7,845        

which orders or protocol shall be signed by a physician and        7,846        

specify the dangerous drugs that its units may carry, expressed    7,847        

in standard dose units;                                            7,848        

      (2)  A list of the personnel employed or used by the         7,850        

organization to provide emergency medical services in accordance   7,851        

with Chapter 4765. of the Revised Code.                            7,852        

      An emergency medical service organization that is licensed   7,854        

as a terminal distributor shall notify the board immediately of    7,855        

any changes in its standing orders or protocol.                    7,856        

      (E)  There shall be six categories of terminal distributor   7,858        

of dangerous drugs licenses, which categories shall be as          7,859        

follows:                                                           7,860        

      (1)  Category I license.  A person who obtains this license  7,862        

may possess, have custody or control of, and distribute only the   7,863        

dangerous drugs described in category I.                           7,864        

      (2)  Limited category I license.  A person who obtains this  7,866        

license may possess, have custody or control of, and distribute    7,867        

only the dangerous drugs described in category I that were listed  7,868        

in the application for licensure.                                  7,869        

      (3)  Category II license.  A person who obtains this         7,871        

license may possess, have custody or control of, and distribute    7,872        

only the dangerous drugs described in category I and category II.  7,873        

      (4)  Limited category II license.  A person who obtains      7,875        

this license may possess, have custody or control of, and          7,876        

distribute only the dangerous drugs described in category I or     7,877        

category II that were listed in the application for licensure.     7,878        

      (5)  Category III license.  A person who obtains this        7,880        

license may possess, have custody or control of, and distribute    7,881        

the dangerous drugs described in category I, category II, and      7,882        

category III.                                                      7,883        

      (6)  Limited category III license.  A person who obtains     7,885        

                                                          168    

                                                                 
this license may possess, have custody or control of, and          7,886        

distribute only the dangerous drugs described in category I,       7,887        

category II, or category III that were listed in the application   7,888        

for licensure.                                                     7,889        

      (F)  Except for an application made on behalf of an animal   7,891        

shelter, if an applicant for licensure as a limited category I,    7,892        

II, or III terminal distributor of dangerous drugs intends to      7,893        

administer dangerous drugs to a person or animal, the applicant    7,894        

shall submit, with the application, a notarized copy of its        7,895        

protocol or standing orders, which protocol or orders shall be     7,896        

signed by a practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED   7,897        

TO PRESCRIBE DRUGS, specify the dangerous drugs to be              7,898        

administered, and list personnel who are authorized to administer  7,899        

the dangerous drugs in accordance with federal law or the law of   7,900        

this state.  An application made on behalf of an animal shelter    7,901        

shall include a notarized list of the dangerous drugs to be        7,902        

administered to animals and the personnel who are authorized to    7,903        

administer the drugs to animals in accordance with section         7,904        

4729.532 of the Revised Code.  After obtaining a terminal                       

distributor license, a licensee shall notify the board             7,906        

immediately of any changes in its protocol or standing orders, or  7,907        

in such personnel.                                                              

      (G)  Each applicant for licensure as a terminal distributor  7,909        

of dangerous drugs shall submit, with the application, a license   7,910        

fee determined as follows:                                         7,911        

      (1)  For a category I or limited category I license, thirty  7,913        

dollars;                                                           7,914        

      (2)  For a category II or limited category II license,       7,916        

seventy-five dollars;                                              7,917        

      (3)  For a category III or limited category III license,     7,919        

one hundred dollars.                                               7,920        

      (H)(1)  The board shall issue a terminal distributor of      7,922        

dangerous drugs license to each person who submits an application  7,923        

for such licensure in accordance with this section, pays the       7,924        

                                                          169    

                                                                 
required license fee, is determined by the board to meet the       7,925        

requirements set forth in section 4729.55 of the Revised Code,     7,926        

and satisfies any other applicable requirements of this section.   7,927        

      (2)  The license of a person other than an emergency         7,929        

medical service organization shall describe the one establishment  7,930        

or place at which the licensee may engage in the sale or other     7,931        

distribution of dangerous drugs at retail and maintain             7,932        

possession, custody, or control of dangerous drugs for purposes    7,933        

other than the licensee's own use or consumption.  The one         7,934        

establishment or place shall be that which is described in the     7,936        

application for licensure.                                         7,937        

      No such license shall authorize or permit the terminal       7,939        

distributor of dangerous drugs named in it to engage in the sale   7,940        

or other distribution of dangerous drugs at retail or to maintain  7,941        

possession, custody, or control of dangerous drugs for any         7,942        

purpose other than the distributor's own use or consumption, at    7,944        

any establishment or place other than that described in the        7,945        

license, except that an agent or employee of an animal shelter     7,946        

may possess and use dangerous drugs in the course of business as   7,947        

provided in division (D) of section 4729.532 of the Revised Code.  7,948        

      (3)  The license of an emergency medical service             7,950        

organization shall cover and describe all the units of the         7,953        

organization listed in its application for licensure.                           

      (4)  The license of every terminal distributor of dangerous  7,955        

drugs shall indicate, on its face, the category of licensure.  If  7,956        

the license is a limited category I, II, or III license, it shall  7,957        

specify, and shall authorize the licensee to possess, have         7,958        

custody or control of, and distribute only, the dangerous drugs    7,959        

that were listed in the application for licensure.                 7,960        

      (I)  All licenses issued pursuant to this section shall be   7,962        

effective for a period of twelve months from the first day of      7,963        

January of each year.  A license shall be renewed by the board     7,964        

for a like period, annually, according to the provisions of this   7,965        

section, and the standard renewal procedure of Chapter 4745. of    7,966        

                                                          170    

                                                                 
the Revised Code.  A person who desires to renew a license shall   7,967        

submit an application for renewal and pay the required fee during  7,968        

the month of December each year.  The fee required for the         7,969        

renewal of a license shall be the same as the fee paid for the     7,970        

license being renewed, and shall accompany the application for     7,971        

renewal.                                                           7,972        

      A license that has not been renewed during December in any   7,974        

year and by the first day of February of the following year may    7,975        

be reinstated only upon payment of the required renewal fee and a  7,976        

penalty fee of thirty-seven dollars and fifty cents.               7,978        

      (J)(1)  No emergency medical service organization that is    7,980        

licensed as a terminal distributor of dangerous drugs shall fail   7,981        

to comply with division (C)(2) or (3) of this section.             7,982        

      (2)  No emergency medical service organization that is       7,984        

licensed as a terminal distributor of dangerous drugs shall fail   7,985        

to comply with division (D) of this section.                       7,986        

      (3)  No licensed terminal distributor of dangerous drugs     7,988        

shall possess, have custody or control of, or distribute           7,989        

dangerous drugs that the terminal distributor is not entitled to   7,990        

possess, have custody or control of, or distribute by virtue of    7,991        

its category of licensure.                                         7,992        

      (4)  No licensee that is required by division (F) of this    7,994        

section to notify the board of changes in its protocol or          7,995        

standing orders, or in personnel, shall fail to comply with that   7,996        

division.                                                          7,997        

      Sec. 4729.55.  (A)  As used in this section:                 8,006        

      (1)  "Dentist" means a person licensed under Chapter 4715.   8,008        

of the Revised Code to practice dentistry.                         8,009        

      (2)  "Optometrist" means a person who is licensed to         8,011        

practice optometry and holds a valid therapeutic pharmaceutical    8,012        

agents certificate issued under Chapter 4725. of the Revised       8,013        

Code.                                                              8,014        

      (3)  "Physician" means a person holding a valid certificate  8,016        

issued under Chapter 4731. of the Revised Code authorizing the     8,017        

                                                          171    

                                                                 
person to practice medicine and surgery, osteopathic medicine and  8,019        

surgery, or podiatry.                                              8,020        

      (4)  "Veterinarian" means a person licensed under Chapter    8,022        

4741. of the Revised Code to practice veterinary medicine.         8,023        

      (B)  No license shall be issued to an applicant for          8,025        

licensure as a terminal distributor of dangerous drugs unless the  8,026        

applicant has furnished satisfactory proof to the board of         8,027        

pharmacy that OF THE FOLLOWING:                                    8,028        

      (1)  The (A)  THAT THE applicant is equipped as to land,     8,031        

buildings, and equipment to properly carry on the business of a    8,032        

terminal distributor of dangerous drugs within the category of     8,033        

licensure approved by the board.;                                  8,034        

      (2)  A (B)  THAT A pharmacist, dentist, optometrist,         8,036        

physician, veterinarian LICENSED HEALTH PROFESSIONAL AUTHORIZED    8,038        

TO PRESCRIBE DRUGS OTHER THAN AN ADVANCED PRACTICE NURSE, animal   8,039        

shelter licensed with the state board of pharmacy under section    8,042        

4729.531 of the Revised Code, or a laboratory as defined in        8,043        

division (N) of section 3719.01 of the Revised Code, shall WILL    8,044        

maintain supervision and control over the possession and custody   8,046        

of such ALL dangerous drugs that may be acquired by or on behalf   8,047        

of the applicant.;                                                              

      (3)  Adequate (C)  THAT ADEQUATE safeguards are assured to   8,050        

prevent the sale or other distribution of dangerous drugs by any   8,051        

person other than a pharmacist, dentist, optometrist, physician,   8,052        

or veterinarian. LICENSED HEALTH PROFESSIONAL AUTHORIZED TO        8,053        

PRESCRIBE DRUGS OTHER THAN AN ADVANCED PRACTICE NURSE;             8,054        

      (4)(D)  If the applicant, or any agent or employee of the    8,056        

applicant, has been found guilty of violating section 4729.51 of   8,057        

the Revised Code, the "Federal Food, Drug, and Cosmetic Act," 52   8,058        

Stat. 1040 (1938), 21 U.S.C.A. 301, the federal narcotic law DRUG  8,059        

ABUSE CONTROL LAWS, sections 3715.01 to 3715.72, Chapter 2925.,    8,060        

3715., 3719., or 4729. of the Revised Code, or any rule of the     8,062        

board, THAT adequate safeguards are assured to prevent the         8,063        

recurrence of such violation.;                                     8,064        

                                                          172    

                                                                 
      (5)(E)  In the case of an applicant who is a food processor  8,066        

or retail seller of food, THAT the applicant shall WILL maintain   8,068        

supervision and control over the possession and custody of         8,069        

nitrous oxide.;                                                                 

      (6)(F)  In the case of an applicant who is a retail seller   8,071        

of oxygen in original packages labeled as required by the          8,072        

"Federal Food, Drug, and Cosmetic Act," THAT the applicant shall   8,073        

WILL maintain supervision and control over the possession,         8,075        

custody, and retail sale of the oxygen.;                           8,076        

      (7)(G)  If the application is made on behalf of an animal    8,078        

shelter, that at least one of the agents or employees of the       8,079        

animal shelter is certified in compliance with section 4729.532    8,080        

of the Revised Code.;                                              8,081        

      (8)(H)  In the case of an applicant who is a retail seller   8,083        

of peritoneal dialysis solutions in original packages labeled as   8,084        

required by the "Federal Food, Drug, and Cosmetic Act," 52 Stat.   8,086        

1040 (1938), 21 U.S.C.A. 301, THAT the applicant shall WILL        8,087        

maintain supervision and control over the possession, custody,     8,089        

and retail sale of the peritoneal dialysis solutions.                           

      Sec. 4729.57.  (A)  The STATE board of pharmacy may          8,098        

suspend, revoke, or refuse to renew any license issued to a        8,099        

terminal distributor of dangerous drugs pursuant to section        8,100        

4729.54 of the Revised Code, or may impose a monetary penalty or   8,101        

forfeiture not to exceed in severity any fine designated under     8,102        

the Revised Code for a similar offense or one thousand dollars if  8,103        

the acts committed have not been classified as an offense by the   8,104        

Revised Code, for any of the following causes:                     8,105        

      (1)  Making any false material statements in an application  8,107        

for a license as a terminal distributor of dangerous drugs;        8,108        

      (2)  Violating any rule of the board;                        8,110        

      (3)  Violating any provision of this chapter;                8,112        

      (4)  Violating any provision of the "Federal Food, Drug,     8,114        

and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, or       8,115        

Chapter 3715. of the Revised Code;                                 8,116        

                                                          173    

                                                                 
      (5)  Violating any provision of the federal narcotic law     8,118        

DRUG ABUSE CONTROL LAWS or Chapter 2925. or 3719. of the Revised   8,119        

Code;                                                                           

      (6)  Falsely or fraudulently promoting to the public a       8,121        

dangerous drug, except that nothing in this division prohibits a   8,122        

terminal distributor of dangerous drugs from furnishing            8,123        

information concerning a dangerous drug to a practitioner HEALTH   8,125        

CARE PROVIDER or another licensed terminal distributor;                         

      (7)  Ceasing to satisfy the qualifications of a terminal     8,127        

distributor of dangerous drugs set forth in section 4729.55 of     8,128        

the Revised Code;                                                  8,129        

      (8)  EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION:     8,132        

      (a)  WAIVING THE PAYMENT OF ALL OR ANY PART OF A DEDUCTIBLE  8,135        

OR COPAYMENT THAT AN INDIVIDUAL, PURSUANT TO A HEALTH INSURANCE    8,136        

OR HEALTH CARE POLICY, CONTRACT, OR PLAN THAT COVERS THE SERVICES  8,137        

PROVIDED BY A TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS, WOULD       8,138        

OTHERWISE BE REQUIRED TO PAY FOR THE SERVICES IF THE WAIVER IS     8,139        

USED AS AN ENTICEMENT TO A PATIENT OR GROUP OF PATIENTS TO         8,140        

RECEIVE HEALTH CARE SERVICES FROM THAT PROVIDER;                   8,141        

      (b)  ADVERTISING THAT THE TERMINAL DISTRIBUTOR WILL WAIVE    8,144        

THE PAYMENT OF ALL OR ANY PART OF A DEDUCTIBLE OR COPAYMENT THAT   8,145        

AN INDIVIDUAL, PURSUANT TO A HEALTH INSURANCE OR HEALTH CARE       8,146        

POLICY, CONTRACT, OR PLAN THAT COVERS THE PHARMACEUTICAL                        

SERVICES, WOULD OTHERWISE BE REQUIRED TO PAY FOR THE SERVICES.     8,148        

      (B)  SANCTIONS SHALL NOT BE IMPOSED UNDER DIVISION (A)(8)    8,151        

OF THIS SECTION AGAINST ANY TERMINAL DISTRIBUTOR OF DANGEROUS      8,152        

DRUGS THAT WAIVES DEDUCTIBLES AND COPAYMENTS AS FOLLOWS:           8,153        

      (1)  IN COMPLIANCE WITH A HEALTH BENEFIT PLAN THAT           8,155        

EXPRESSLY ALLOWS SUCH A PRACTICE.  WAIVER OF THE DEDUCTIBLES OR    8,156        

COPAYMENTS SHALL BE MADE ONLY WITH THE FULL KNOWLEDGE AND CONSENT  8,158        

OF THE PLAN PURCHASER, PAYER, AND THIRD-PARTY ADMINISTRATOR.       8,159        

DOCUMENTATION OF THE CONSENT SHALL BE MADE AVAILABLE TO THE BOARD  8,160        

ON REQUEST.                                                                     

      (2)  FOR PROFESSIONAL SERVICES RENDERED TO ANY OTHER PERSON  8,163        

                                                          174    

                                                                 
LICENSED PURSUANT TO THIS CHAPTER TO THE EXTENT ALLOWED BY THIS    8,164        

CHAPTER AND THE RULES OF THE BOARD.                                             

      (B)(C)(1)  Upon the suspension or revocation of a license    8,166        

issued to a terminal distributor of dangerous drugs or the         8,167        

refusal by the board to renew such a license, the distributor      8,168        

shall immediately surrender his THE license to the board.          8,169        

      (2)  The board may place under seal all dangerous drugs      8,171        

that are owned by or in the possession, custody, or control of a   8,172        

terminal distributor at the time his THE license is suspended or   8,173        

revoked or at the time the board refuses to renew his THE          8,174        

license.  Except as otherwise provided in this division,           8,175        

dangerous drugs so sealed shall not be disposed of, until appeal   8,176        

rights under Chapter 119. of the Revised Code have expired or an   8,177        

appeal filed pursuant to that chapter has been determined.         8,178        

      The court involved in an appeal filed pursuant to Chapter    8,180        

119. of the Revised Code may order the board, during the pendency  8,181        

of the appeal, to sell sealed dangerous drugs that are             8,182        

perishable.  The proceeds of such a sale shall be deposited with   8,183        

that court.                                                        8,184        

      Sec. 4729.59.  The secretary EXECUTIVE DIRECTOR of the       8,193        

STATE board of pharmacy shall maintain a register of the names,    8,195        

addresses, and the date of registration of those persons to whom   8,196        

a registration certificate has been issued pursuant to section     8,197        

4729.52 of the Revised Code and those persons to whom a license    8,198        

has been issued pursuant to section 4729.54 of the Revised Code.   8,199        

Such THE register shall be the property of the board and shall be  8,201        

open for public examination and inspection at all reasonable       8,202        

times, as the board may direct.                                                 

      The board shall publish or make available to registered      8,204        

wholesale distributors and licensed terminal distributors of       8,205        

dangerous drugs, annually, and at such other times and in such     8,206        

manner as the board shall by regulation RULE prescribe, a roster   8,208        

setting forth the names and addresses of those persons who have                 

been registered by the board pursuant to section 4729.52 of the    8,209        

                                                          175    

                                                                 
Revised Code and those persons who have been licensed pursuant to  8,210        

section 4729.54 of the Revised Code, those persons whose licenses  8,212        

or registration certificates have been suspended, revoked, or      8,213        

surrendered, and those persons whose licenses or registration      8,214        

certificates have not been renewed.                                             

      A written statement signed and verified by the secretary     8,216        

EXECUTIVE DIRECTOR of the board in which it is stated that after   8,218        

diligent search of the register no record or entry of the          8,219        

issuance of a license or registration certificate to a person is                

found is admissible in evidence and constitutes presumptive        8,220        

evidence of the fact that such THE person is not a licensed        8,221        

terminal distributor or is not a registered wholesale distributor  8,223        

of dangerous drugs.                                                             

      Sec. 4729.60.  (A)  Before a registered wholesale            8,232        

distributor of dangerous drugs may sell dangerous drugs at         8,233        

wholesale to any person other than a practitioner LICENSED HEALTH  8,234        

PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, a registered           8,236        

wholesale distributor of dangerous drugs, a manufacturer of        8,237        

dangerous drugs, a carrier or a warehouseman WAREHOUSER but only   8,238        

for the purpose of carriage or storage, or a terminal distributor  8,240        

of dangerous drugs who is not engaged in the sale of dangerous     8,241        

drugs within this state, such wholesale distributor shall obtain   8,242        

from the purchaser and the purchaser shall furnish to the          8,243        

wholesale distributor a certificate indicating that the purchaser  8,244        

is a licensed terminal distributor of dangerous drugs.  The        8,245        

certificate shall be in the form that the STATE board of pharmacy  8,246        

shall prescribe by regulation RULE, and shall set forth the name   8,247        

of the licensee, the number of the license, a description of the   8,249        

place or establishment or each place or establishment for which    8,250        

the license was issued, the category of licensure, and, if the     8,251        

license is a limited category I, II, or III license, the           8,252        

dangerous drugs that the licensee is authorized to possess, have   8,253        

custody or control of, and distribute.                             8,254        

      If no certificate is obtained or furnished before such A     8,256        

                                                          176    

                                                                 
sale IS MADE, it shall be presumed that such THE sale of           8,257        

dangerous drugs by the wholesale distributor is in violation of    8,259        

division (B) of section 4729.51 of the Revised Code and such THE   8,260        

purchase of dangerous drugs by the purchaser is in violation of    8,261        

division (C) of section 4729.51 of the Revised Code.  If a         8,262        

registered wholesale distributor of dangerous drugs obtains or is  8,263        

furnished such a certificate from a terminal distributor of        8,264        

dangerous drugs and relies on such THE certificate in selling      8,265        

dangerous drugs at wholesale to such THE terminal distributor of   8,266        

dangerous drugs, such THE wholesale distributor of dangerous       8,268        

drugs shall be deemed not to have violated division (B) of         8,269        

section 4729.51 of the Revised Code in making such THE sale.       8,270        

      (B)  Before a licensed terminal distributor of dangerous     8,272        

drugs may purchase dangerous drugs at wholesale, such THE          8,273        

terminal distributor shall obtain from the seller and the seller   8,275        

shall furnish to the terminal distributor the number of the        8,276        

seller's registration certificate to engage in the sale of         8,277        

dangerous drugs at wholesale.                                      8,278        

      If no registration number is obtained or furnished before    8,280        

such A purchase IS MADE, it shall be presumed that such THE        8,282        

purchase of dangerous drugs by the terminal distributor is in      8,283        

violation of division (D) of section 4729.51 of the Revised Code   8,284        

and such THE sale of dangerous drugs by the seller is in           8,286        

violation of division (A) of section 4729.51 of the Revised Code.  8,287        

If a licensed terminal distributor of dangerous drugs obtains or   8,288        

is furnished a registration number from a wholesale distributor    8,289        

of dangerous drugs and relies on such THE registration number in   8,290        

purchasing dangerous drugs at wholesale from such THE wholesale    8,291        

distributor of dangerous drugs, such THE terminal distributor      8,293        

shall be deemed not to have violated division (D) of section       8,295        

4729.51 of the Revised Code in making such THE purchase.           8,296        

      Sec. 4729.63.  Except as provided in division (B) of         8,305        

section 4729.25 of the Revised Code, the IF THE state board of     8,306        

pharmacy shall enforce, or cause to be enforced, HAS INFORMATION   8,308        

                                                          177    

                                                                 
THAT sections 4729.51 to 4729.62 of the Revised Code.  If it has   8,309        

information that such sections have been violated, it shall        8,310        

investigate the matter and upon probable cause appearing file a    8,312        

complaint in an appropriate court for prosecution of the           8,313        

offender.  THE                                                                  

      The attorney general, prosecuting attorney, or city          8,315        

director of law to whom the board reports any violation of         8,317        

sections 4729.51 to 4729.62 of the Revised Code shall cause        8,318        

appropriate proceedings to be instituted in the proper court                    

without delay and to be prosecuted in the manner provided by law.  8,319        

      Sec. 4729.66.  The IN ADDITION TO THE RULES IT ADOPTS FOR    8,328        

THE PRACTICE OF PHARMACY UNDER SECTION 4729.26 OF THE REVISED      8,329        

CODE, THE STATE board of pharmacy may make such ADOPT rules and    8,331        

regulations, subject to and in accordance with sections 119.01 to  8,332        

119.13, inclusive, CHAPTER 119. of the Revised Code, not           8,334        

inconsistent with the law, AS MAY BE NECESSARY TO CARRY OUT THE    8,335        

PURPOSES OF AND TO ENFORCE THE PROVISIONS OF THIS CHAPTER                       

pertaining to the purchase for resale, possession for sale, sale,  8,337        

and other distribution of dangerous drugs as may be necessary to   8,339        

carry out the purposes of and enforce sections 4729.51 to                       

4729.62, inclusive, of the Revised Code.                           8,340        

      Sec. 4729.67.  On receipt of a notice pursuant to section    8,350        

2301.373 of the Revised Code, the state board of pharmacy shall                 

comply with that section with respect to a LICENSE,                8,351        

IDENTIFICATION CARD, OR certificate OF REGISTRATION issued         8,352        

pursuant to this chapter.                                          8,353        

      Sec. 4741.22.  The state veterinary medical licensing board  8,362        

may refuse to issue or renew a license, registration, or           8,363        

temporary permit to or of any applicant who, and may issue a       8,364        

reprimand to, suspend or revoke the license, registration, or the  8,365        

temporary permit of, or impose a civil penalty pursuant to this    8,366        

section upon any person licensed to practice veterinary medicine   8,367        

or any person registered as a registered veterinary technician     8,368        

who:                                                                            

                                                          178    

                                                                 
      (A)  In the conduct of the person's practice does not        8,370        

conform to the rules of the board governing proper, humane,        8,371        

sanitary, and hygienic methods to be used in the care and          8,372        

treatment of animals;                                                           

      (B)  Uses fraud, misrepresentation, or deception in          8,374        

completing the examination conducted by the board;                 8,375        

      (C)  Is found to be physically or psychologically addicted   8,377        

to alcohol or an illegal or controlled substance, as defined in    8,378        

division (D) of section 3719.01 of the Revised Code, to such a     8,379        

degree as to render the person unfit to practice veterinary        8,380        

medicine;                                                          8,381        

      (D)  Directly or indirectly employs or lends the person's    8,383        

services to a solicitor for the purpose of obtaining patients;     8,384        

      (E)  Obtains a fee on the assurance that an incurable        8,386        

disease can be cured;                                                           

      (F)  Advertises in a manner that violates section 4741.21    8,388        

of the Revised Code;                                                            

      (G)  Has professional association with or lends the          8,390        

person's name to any unlicensed person, association, or            8,391        

organization for the purpose of obtaining patients;                8,392        

      (H)  Divides fees or charges or has any arrangement to       8,394        

share fees or charges with any other person, except on the basis   8,395        

of services performed;                                             8,396        

      (I)  Sells any biologic containing living, dead, or          8,398        

sensitized organisms or products of those organisms, except in a   8,399        

manner that the board by rule has prescribed;                      8,400        

      (J)  Is convicted of any felony or crime involving moral     8,402        

turpitude;                                                         8,403        

      (K)  Is convicted of any violation of section 959.13 of the  8,405        

Revised Code;                                                      8,406        

      (L)  Is convicted of a felony drug abuse offense, as         8,408        

defined in section 2925.01 of the Revised Code;                    8,409        

      (M)  Swears falsely in any affidavit required to be made by  8,411        

him THE PERSON in the course of his THE practice of veterinary     8,413        

                                                          179    

                                                                 
medicine;                                                                       

      (N)  Fails to report promptly to the proper official any     8,415        

known reportable disease;                                          8,416        

      (O)  Fails to report promptly vaccinations or the results    8,418        

of tests when required to do so by law or rule;                    8,419        

      (P)  Has been adjudicated incompetent for the purpose of     8,421        

holding the license or permit by a court, as provided in section   8,422        

5122.301 of the Revised Code, and has not been restored to legal   8,423        

capacity for that purpose;                                         8,424        

      (Q)  Permits a person who is not a licensed veterinarian, a  8,426        

veterinary student extern, or a registered veterinary technician   8,427        

to engage in work or perform duties in violation of this chapter;  8,428        

      (R)  Is guilty of gross incompetence;                        8,430        

      (S)  Has had a license to practice veterinary medicine or a  8,432        

license, registration, or certificate to engage in activities as   8,433        

a registered veterinary technician revoked, suspended, or acted    8,434        

against by disciplinary action by an agency similar to this board  8,435        

of another state, territory, or country or the District of         8,436        

Columbia;                                                          8,437        

      (T)  Is or has practiced with a revoked, suspended,          8,439        

inactive, expired, or terminated license or registration;          8,440        

      (U)  Represents self as a specialist unless certified as a   8,443        

specialist by the board;                                                        

      (V)  In the person's capacity as a veterinarian or           8,445        

registered veterinary technician makes or files a report, health   8,446        

certificate, vaccination certificate, or other document that the   8,448        

person knows is false or negligently or intentionally fails to     8,449        

file a report or record required by any applicable state or        8,450        

federal law;                                                                    

      (W)  Fails to use reasonable care in the administration of   8,452        

drugs, as defined in division (C) of section 4729.02 of the        8,453        

Revised Code, or acceptable scientific methods in the selection    8,454        

of those drugs or other modalities for treatment of a disease or   8,455        

in conduct of surgery;                                             8,456        

                                                          180    

                                                                 
      (X)  Makes available a dangerous drug, as defined in         8,458        

division (D) of section 4729.02 of the Revised Code, to any        8,459        

person other than for the specific treatment of an animal          8,460        

patient;                                                           8,461        

      (Y)  Refuses to permit a board investigator or the board's   8,463        

designee to inspect the person's business premises during regular  8,465        

business hours;                                                    8,466        

      (Z)  Violates any order of the board or fails to comply      8,468        

with a subpoena of the board;                                      8,469        

      (AA)  Fails to maintain medical records as required by rule  8,471        

of the board.                                                      8,472        

      Before the board may revoke, deny, refuse to renew, or       8,474        

suspend a license, registration, or temporary permit or otherwise  8,475        

discipline the holder of a license, registration, or temporary     8,476        

permit, the executive secretary shall file written charges with    8,477        

the board.  The board shall conduct a hearing on the charges as    8,478        

provided in Chapter 119. of the Revised Code.                      8,479        

      If the board, after a hearing conducted pursuant to Chapter  8,481        

119. of the Revised Code, revokes, refuses to renew, or suspends   8,482        

a license, registration, or temporary permit or otherwise          8,483        

disciplines the holder of a license, registration, or temporary    8,484        

permit for a violation of this section, section 4741.23 or         8,485        

4741.28, division (C) or (D) of section 4741.19, or division (B),  8,487        

(C), or (D) of section 4741.21 of the Revised Code, the board may  8,488        

impose a civil penalty upon the holder of the license, permit, or  8,489        

registration of not less than fifty dollars or more than two       8,490        

hundred fifty dollars for a first offense and not less than two    8,491        

hundred fifty dollars or more than one thousand dollars for each   8,492        

subsequent offense.  In addition to the civil penalty and any      8,493        

other penalties imposed pursuant to this chapter, the board may    8,494        

assess any holder of a license, permit, or registration the costs  8,495        

of the hearing conducted under this section if the board           8,496        

determines that the holder has violated any provision for which    8,497        

the board may impose a civil penalty under this section.                        

                                                          181    

                                                                 
      Sec. 5739.02.  For the purpose of providing revenue with     8,506        

which to meet the needs of the state, for the use of the general   8,507        

revenue fund of the state, for the purpose of securing a thorough  8,508        

and efficient system of common schools throughout the state, and   8,509        

for the purpose of affording revenues, in addition to those from   8,510        

general property taxes, permitted under constitutional             8,511        

limitations, and from other sources, for the support of local      8,512        

governmental functions, and for the purpose of reimbursing the     8,513        

state for the expense of administering this chapter, an excise     8,514        

tax is hereby levied on each retail sale made in this state.       8,515        

      (A)  The tax shall be collected pursuant to the schedules    8,517        

in section 5739.025 of the Revised Code.                           8,518        

      The tax applies and is collectible when the sale is made,    8,520        

regardless of the time when the price is paid or delivered.        8,521        

      In the case of a sale, the price of which consists in whole  8,523        

or in part of rentals for the use of the thing transferred, the    8,524        

tax shall, as regards such rentals, be measured by the             8,525        

installments thereof.                                              8,526        

      In the case of a sale of a service defined under division    8,528        

(MM) or (NN) of section 5739.01 of the Revised Code, the price of  8,529        

which consists in whole or in part of a membership for the         8,530        

receipt of the benefit of the service, the tax applicable to the   8,531        

sale shall be measured by the installments thereof.                8,532        

      (B)  The tax does not apply to the following:                8,534        

      (1)  Sales to the state or any of its political              8,536        

subdivisions, or to any other state or its political subdivisions  8,537        

if the laws of that state exempt from taxation sales made to this  8,538        

state and its political subdivisions;                              8,539        

      (2)  Sales of food for human consumption off the premises    8,541        

where sold;                                                        8,542        

      (3)  Sales of food sold to students only in a cafeteria,     8,544        

dormitory, fraternity, or sorority maintained in a private,        8,545        

public, or parochial school, college, or university;               8,546        

      (4)  Sales of newspapers, and of magazine subscriptions      8,548        

                                                          182    

                                                                 
shipped by second class mail, and sales or transfers of magazines  8,549        

distributed as controlled circulation publications;                8,550        

      (5)  The furnishing, preparing, or serving of meals without  8,552        

charge by an employer to an employee provided the employer         8,553        

records the meals as part compensation for services performed or   8,554        

work done;                                                         8,555        

      (6)  Sales of motor vehicle fuel upon receipt, use,          8,557        

distribution, or sale of which in this state a tax is imposed by   8,558        

the law of this state, but this exemption shall not apply to the   8,559        

sale of motor vehicle fuel on which a refund of the tax is         8,560        

allowable under section 5735.14 of the Revised Code; and the tax   8,561        

commissioner may deduct the amount of tax levied by this section   8,562        

applicable to the price of motor vehicle fuel when granting a      8,563        

refund of motor vehicle fuel tax pursuant to section 5735.14 of    8,564        

the Revised Code and shall cause the amount deducted to be paid    8,565        

into the general revenue fund of this state;                       8,566        

      (7)  Sales of natural gas by a natural gas company, of       8,568        

electricity by an electric company, of water by a water-works      8,569        

company, or of steam by a heating company, if in each case the     8,570        

thing sold is delivered to consumers through wires, pipes, or      8,571        

conduits, and all sales of communications services by a telephone  8,572        

or telegraph company, all terms as defined in section 5727.01 of   8,573        

the Revised Code;                                                  8,574        

      (8)  Casual sales by a person, or auctioneer employed        8,576        

directly by the person to conduct such sales, except as to such    8,578        

sales of motor vehicles, watercraft or outboard motors required    8,579        

to be titled under section 1548.06 of the Revised Code,            8,580        

watercraft documented with the United States coast guard,          8,581        

snowmobiles, all-purpose vehicles as defined in section 4519.01    8,582        

of the Revised Code, and manufactured homes;                       8,583        

      (9)  Sales of services or tangible personal property, other  8,585        

than motor vehicles and manufactured homes, by churches or by      8,586        

nonprofit organizations operated exclusively for charitable        8,587        

purposes as defined in division (B)(12) of this section, provided  8,588        

                                                          183    

                                                                 
that the number of days on which such tangible personal property   8,589        

or services, other than items never subject to the tax, are sold   8,590        

does not exceed six in any calendar year.  If the number of days   8,591        

on which such sales are made exceeds six in any calendar year,     8,592        

the church or organization shall be considered to be engaged in    8,593        

business and all subsequent sales by it shall be subject to the    8,594        

tax.  In counting the number of days, all sales by groups within   8,595        

a church or within an organization shall be considered to be       8,596        

sales of that church or organization, except that sales made by    8,597        

separate student clubs and other groups of students of a primary   8,598        

or secondary school, and sales made by a parent-teacher            8,599        

association, booster group, or similar organization that raises    8,600        

money to support or fund curricular or extracurricular activities  8,601        

of a primary or secondary school, shall not be considered to be    8,602        

sales of such school and sales by each such club, group,           8,603        

association, or organization shall be counted separately for       8,604        

purposes of the six-day limitation.  This division does not apply  8,605        

to sales by a noncommercial educational radio or television        8,606        

broadcasting station.                                              8,607        

      (10)  Sales not within the taxing power of this state under  8,609        

the constitution CONSTITUTION of the United States;                8,610        

      (11)  The transportation of persons or property, unless the  8,612        

transportation is by a private investigation and security          8,613        

service;                                                           8,614        

      (12)  Sales of tangible personal property or services to     8,616        

churches, to organizations exempt from taxation under section      8,617        

501(c)(3) of the Internal Revenue Code of 1986, and to any other   8,618        

nonprofit organizations operated exclusively for charitable        8,619        

purposes in this state, no part of the net income of which inures  8,620        

to the benefit of any private shareholder or individual, and no    8,621        

substantial part of the activities of which consists of carrying   8,622        

on propaganda or otherwise attempting to influence legislation;    8,623        

sales to offices administering one or more homes for the aged or   8,624        

one or more hospital facilities exempt under section 140.08 of     8,625        

                                                          184    

                                                                 
the Revised Code; and sales to organizations described in          8,626        

division (D) of section 5709.12 of the Revised Code.               8,627        

      Charitable purposes means the relief of poverty, the         8,629        

improvement of health through the alleviation of illness,          8,630        

disease, or injury, the operation of an organization exclusively   8,631        

for the provision of professional, laundry, printing, and          8,632        

purchasing services to hospitals or charitable institutions, the   8,633        

operation of a home for the aged, as defined in section 5701.13    8,634        

of the Revised Code, the operation of a radio or television        8,635        

broadcasting station that is licensed by the federal               8,636        

communications commission as a noncommercial educational radio or  8,637        

television station, the operation of a nonprofit animal adoption   8,638        

service or a county humane society, the promotion of education by  8,639        

an institution of learning which maintains a faculty of qualified  8,640        

instructors, teaches regular continuous courses of study, and      8,641        

confers a recognized diploma upon completion of a specific         8,642        

curriculum, the operation of a parent teacher association,         8,643        

booster group, or similar organization primarily engaged in the    8,644        

promotion and support of the curricular or extracurricular         8,645        

activities of a primary or secondary school, the operation of a    8,646        

community or area center in which presentations in music,          8,647        

dramatics, the arts, and related fields are made in order to       8,648        

foster public interest and education therein, the production of    8,649        

performances in music, dramatics, and the arts, or the promotion   8,650        

of education by an organization engaged in carrying on research    8,651        

in, or the dissemination of scientific and technological           8,652        

knowledge and information primarily for the public.                8,653        

      Nothing in this division shall be deemed to exempt sales to  8,655        

any organization for use in the operation or carrying on of a      8,656        

trade or business, or sales to a home for the aged for use in the  8,657        

operation of independent living facilities as defined in division  8,658        

(A) of section 5709.12 of the Revised Code.                        8,659        

      (13)  Building and construction materials and services sold  8,661        

to construction contractors for incorporation into a structure or  8,662        

                                                          185    

                                                                 
improvement to real property under a construction contract with    8,663        

this state or a political subdivision thereof, or with the United  8,664        

States government or any of its agencies; building and             8,665        

construction materials and services sold to construction           8,666        

contractors for incorporation into a structure or improvement to   8,667        

real property which are accepted for ownership by this state or    8,668        

any of its political subdivisions, or by the United States         8,669        

government or any of its agencies at the time of completion of     8,670        

such structures or improvements; building and construction         8,671        

materials sold to construction contractors for incorporation into  8,672        

a horticulture structure or livestock structure for a person       8,673        

engaged in the business of horticulture or producing livestock;    8,674        

building materials and services sold to a construction contractor  8,675        

for incorporation into a house of public worship or religious      8,676        

education, or a building used exclusively for charitable purposes  8,677        

under a construction contract with an organization whose purpose   8,678        

is as described in division (B)(12) of this section; building and  8,679        

construction materials sold for incorporation into the original    8,680        

construction of a sports facility under section 307.696 of the     8,681        

Revised Code; and building and construction materials and          8,682        

services sold to a construction contractor for incorporation into  8,683        

real property outside this state if such materials and services,   8,684        

when sold to a construction contractor in the state in which the   8,685        

real property is located for incorporation into real property in   8,686        

that state, would be exempt from a tax on sales levied by that     8,687        

state;                                                             8,688        

      (14)  Sales of ships or vessels or rail rolling stock used   8,690        

or to be used principally in interstate or foreign commerce, and   8,691        

repairs, alterations, fuel, and lubricants for such ships or       8,692        

vessels or rail rolling stock;                                     8,693        

      (15)  Sales to persons engaged in any of the activities      8,695        

mentioned in division (E)(2) or (9) of section 5739.01 of the      8,696        

Revised Code, to persons engaged in making retail sales, or to     8,697        

persons who purchase for sale from a manufacturer tangible         8,698        

                                                          186    

                                                                 
personal property that was produced by the manufacturer in         8,699        

accordance with specific designs provided by the purchaser, of     8,700        

packages, including material and parts for packages, and of        8,701        

machinery, equipment, and material for use primarily in packaging  8,702        

tangible personal property produced for sale by or on the order    8,703        

of the person doing the packaging, or sold at retail.  "Packages"  8,704        

includes bags, baskets, cartons, crates, boxes, cans, bottles,     8,705        

bindings, wrappings, and other similar devices and containers and  8,706        

"packaging" means placing therein.                                 8,707        

      (16)  Sales of food to persons using food stamp coupons to   8,709        

purchase the food.  As used in division (B)(16) of this section,   8,710        

"food" has the same meaning as in the "Food Stamp Act of 1977,"    8,711        

91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations   8,712        

adopted pursuant to that act.                                      8,713        

      (17)  Sales to persons engaged in farming, agriculture,      8,715        

horticulture, or floriculture, of tangible personal property for   8,716        

use or consumption directly in the production by farming,          8,717        

agriculture, horticulture, or floriculture of other tangible       8,718        

personal property for use or consumption directly in the           8,719        

production of tangible personal property for sale by farming,      8,720        

agriculture, horticulture, or floriculture; or material and parts  8,721        

for incorporation into any such tangible personal property for     8,722        

use or consumption in production; and of tangible personal         8,723        

property for such use or consumption in the conditioning or        8,724        

holding of products produced by and for such use, consumption, or  8,725        

sale by persons engaged in farming, agriculture, horticulture, or  8,726        

floriculture except where such property is incorporated into real  8,727        

property;                                                          8,728        

      (18)  Sales of drugs dispensed by a registered LICENSED      8,730        

pharmacist upon the order of a practitioner licensed to            8,732        

prescribe, dispense, and administer drugs to a human being in the  8,733        

course of the professional practice; insulin as recognized in the  8,734        

official United States pharmacopoeia; urine and blood testing      8,735        

materials when used by diabetics or persons with hypoglycemia to   8,736        

                                                          187    

                                                                 
test for glucose or acetone; hypodermic syringes and needles when  8,737        

used by diabetics for insulin injections; epoetin alfa when        8,738        

purchased for use in the treatment of persons with end-stage       8,739        

renal disease; hospital beds when purchased for use by persons     8,741        

with medical problems for medical purposes; and oxygen and         8,742        

oxygen-dispensing equipment when purchased for use by persons      8,743        

with medical problems for medical purposes;                                     

      (19)  Sales of artificial limbs or portion thereof, breast   8,745        

prostheses, and other prosthetic devices for humans; braces or     8,746        

other devices for supporting weakened or nonfunctioning parts of   8,747        

the human body; wheelchairs; devices used to lift wheelchairs      8,748        

into motor vehicles and parts and accessories to such devices;     8,749        

crutches or other devices to aid human perambulation; and items    8,750        

of tangible personal property used to supplement impaired          8,751        

functions of the human body such as respiration, hearing, or       8,752        

elimination.  No exemption under this division shall be allowed    8,753        

for nonprescription drugs, medicines, or remedies; items or        8,754        

devices used to supplement vision; items or devices whose          8,755        

function is solely or primarily cosmetic; or physical fitness      8,756        

equipment.  This division does not apply to sales to a physician   8,757        

or medical facility for use in the treatment of a patient.         8,758        

      (20)  Sales of emergency and fire protection vehicles and    8,760        

equipment to nonprofit organizations for use solely in providing   8,761        

fire protection and emergency services for political subdivisions  8,762        

of the state;                                                      8,763        

      (21)  Sales of tangible personal property, manufactured in   8,765        

this state, if sold by the manufacturer in this state to a         8,766        

retailer for use in the retail business of the retailer outside    8,767        

of this state and if possession is taken from the manufacturer by  8,769        

the purchaser within this state for the sole purpose of            8,770        

immediately removing the same from this state in a vehicle owned   8,771        

by the purchaser;                                                               

      (22)  Sales of services provided by the state or any of its  8,773        

political subdivisions, agencies, instrumentalities,               8,774        

                                                          188    

                                                                 
institutions, or authorities, or by governmental entities of the   8,775        

state or any of its political subdivisions, agencies,              8,776        

instrumentalities, institutions, or authorities;                   8,777        

      (23)  Sales of motor vehicles to nonresidents of this state  8,779        

upon the presentation of an affidavit executed in this state by    8,780        

the nonresident purchaser affirming that the purchaser is a        8,781        

nonresident of this state, that possession of the motor vehicle    8,782        

is taken in this state for the sole purpose of immediately         8,783        

removing it from this state, that the motor vehicle will be        8,784        

permanently titled and registered in another state, and that the   8,785        

motor vehicle will not be used in this state;                      8,786        

      (24)  Sales to persons engaged in the preparation of eggs    8,788        

for sale of tangible personal property used or consumed directly   8,789        

in such preparation, including such tangible personal property     8,790        

used for cleaning, sanitizing, preserving, grading, sorting and    8,791        

classifying by size; packages, including material and parts for    8,792        

packages, and of machinery, equipment, and material for use in     8,793        

packaging eggs for sale; and handling and transportation           8,794        

equipment and parts therefor, except motor vehicles licensed to    8,795        

operate on public highways, used in intraplant or interplant       8,796        

transfers or shipment of eggs in the process of preparation for    8,797        

sale, when the plant or plants within or between which such        8,798        

transfers or shipments occur are operated by the same person.      8,799        

"Packages" includes containers, cases, baskets, flats, fillers,    8,800        

filler flats, cartons, closure materials, labels, and labeling     8,801        

materials, and "packaging" means placing therein.                  8,802        

      (25)(a)  Sales of water to a consumer for residential use,   8,804        

except the sale of bottled water, distilled water, mineral water,  8,805        

carbonated water, or ice;                                          8,806        

      (b)  Sales of water by a nonprofit corporation engaged       8,808        

exclusively in the treatment, distribution, and sale of water to   8,809        

consumers, if such water is delivered to consumers through pipes   8,810        

or tubing.                                                         8,811        

      (26)  Fees charged for inspection or reinspection of motor   8,813        

                                                          189    

                                                                 
vehicles under section 3704.14 of the Revised Code;                8,814        

      (27)  Sales of solar, wind, or hydrothermal energy systems   8,816        

that meet the guidelines established under division (B) of         8,817        

section 1551.20 of the Revised Code, components of such systems    8,818        

that are identified under division (B) or (D) of that section, or  8,819        

charges for the installation of such systems or components, made   8,820        

during the period from August 14, 1979, through December 31,       8,821        

1985;                                                              8,822        

      (28)  Sales to persons licensed to conduct a food service    8,824        

operation pursuant to section 3732.03 of the Revised Code; of      8,825        

tangible personal property primarily used directly:                8,826        

      (a)  To prepare food for human consumption for sale;         8,828        

      (b)  To preserve food which has been or will be prepared     8,830        

for human consumption for sale by the food service operator, not   8,831        

including tangible personal property used to display food for      8,832        

selection by the consumer; and                                     8,833        

      (c)  To clean tangible personal property used to prepare or  8,835        

serve food for human consumption for sale.                         8,836        

      (29)  Sales of animals by nonprofit animal adoption          8,838        

services or county humane societies;                               8,839        

      (30)  Sales of services to a corporation described in        8,841        

division (A) of section 5709.72 of the Revised Code, and sales of  8,842        

tangible personal property that qualifies for exemption from       8,843        

taxation under section 5709.72 of the Revised Code;                8,844        

      (31)  Sales and installation of agricultural land tile, as   8,846        

defined in division (B)(5)(a) of section 5739.01 of the Revised    8,847        

Code;                                                              8,848        

      (32)  Sales and erection or installation of portable grain   8,850        

bins, as defined in division (B)(5)(b) of section 5739.01 of the   8,851        

Revised Code;                                                      8,852        

      (33)  The sale, lease, repair, and maintenance of; parts     8,854        

for; or items attached to or incorporated in motor vehicles that   8,855        

are primarily used for transporting tangible personal property by  8,856        

a person engaged in highway transportation for hire;               8,857        

                                                          190    

                                                                 
      (34)  Sales to the state headquarters of any veterans'       8,859        

organization in Ohio that is either incorporated and issued a      8,860        

charter by the congress of the United States or is recognized by   8,861        

the United States veterans administration, for use by the          8,862        

headquarters;                                                      8,863        

      (35)  Sales to a telecommunications service vendor of        8,865        

tangible personal property and services used directly and          8,866        

primarily in transmitting, receiving, switching, or recording any  8,867        

interactive, two-way electromagnetic communications, including     8,868        

voice, image, data, and information, through the use of any        8,869        

medium, including, but not limited to, poles, wires, cables,       8,870        

switching equipment, computers, and record storage devices and     8,871        

media, and component parts for the tangible personal property.     8,872        

The exemption provided in division (B)(35) of this section shall   8,873        

be in lieu of all other exceptions under division (E)(2) of        8,874        

section 5739.01 of the Revised Code to which a telecommunications  8,875        

service vendor may otherwise be entitled based upon the use of     8,876        

the thing purchased in providing the telecommunications service.   8,877        

      (36)  Sales of investment metal bullion and investment       8,879        

coins.  "Investment metal bullion" means any elementary precious   8,880        

metal which has been put through a process of smelting or          8,881        

refining, including, but not limited to, gold, silver, platinum,   8,882        

and palladium, and which is in such state or condition that its    8,883        

value depends upon its content and not upon its form.              8,884        

"Investment metal bullion" does not include fabricated precious    8,885        

metal which has been processed or manufactured for one or more     8,886        

specific and customary industrial, professional, or artistic       8,887        

uses.  "Investment coins" means numismatic coins or other forms    8,888        

of money and legal tender manufactured of gold, silver, platinum,  8,889        

palladium, or other metal under the laws of the United States or   8,890        

any foreign nation with a fair market value greater than any       8,891        

statutory or nominal value of such coins.                          8,892        

      (37)(a)  Sales where the purpose of the consumer is to use   8,894        

or consume the things transferred in making retail sales and       8,895        

                                                          191    

                                                                 
consisting of newspaper inserts, catalogues, coupons, flyers,      8,896        

gift certificates, or other advertising material which prices and  8,897        

describes tangible personal property offered for retail sale.      8,898        

      (b)  Sales to direct marketing vendors of preliminary        8,900        

materials such as photographs, artwork, and typesetting that will  8,901        

be used in printing advertising material; of printed matter that   8,902        

offers free merchandise or chances to win sweepstake prizes and    8,903        

that is mailed to potential customers with advertising material    8,904        

described in division (B)(37)(a) of this section; and of           8,905        

equipment such as telephones, computers, facsimile machines, and   8,906        

similar tangible personal property primarily used to accept        8,907        

orders for direct marketing retail sales.                          8,908        

      (c)  Sales of automatic food vending machines that preserve  8,910        

food with a shelf life of forty-five days or less by               8,911        

refrigeration and dispense it to the consumer.                     8,912        

      For purposes of division (B)(37) of this section, "direct    8,914        

marketing" means the method of selling where consumers order       8,915        

tangible personal property by United States mail, delivery         8,916        

service, or telecommunication and the vendor delivers or ships     8,917        

the tangible personal property sold to the consumer from a         8,918        

warehouse, catalogue distribution center, or similar fulfillment   8,919        

facility by means of the United States mail, delivery service, or  8,920        

common carrier.                                                    8,921        

      (38)  Sales to a person engaged in the business of           8,923        

horticulture or producing livestock of materials to be             8,924        

incorporated into a horticulture structure or livestock            8,925        

structure.                                                         8,926        

      For the purpose of the proper administration of this         8,928        

chapter, and to prevent the evasion of the tax, it is presumed     8,929        

that all sales made in this state are subject to the tax until     8,930        

the contrary is established.                                       8,931        

      As used in this section, except in division (B)(16) of this  8,933        

section, "food" includes cereals and cereal products, milk and     8,934        

milk products including ice cream, meat and meat products, fish    8,935        

                                                          192    

                                                                 
and fish products, eggs and egg products, vegetables and           8,936        

vegetable products, fruits, fruit products, and pure fruit         8,937        

juices, condiments, sugar and sugar products, coffee and coffee    8,938        

substitutes, tea, and cocoa and cocoa products.  It does not       8,939        

include:  spirituous or malt liquors; soft drinks; sodas and       8,940        

beverages which are ordinarily dispensed at bars and soda          8,941        

fountains or in connection therewith other than coffee, tea, and   8,942        

cocoa; root beer and root beer extracts; malt and malt extracts;   8,943        

mineral oils, cod liver oils, and halibut liver oil; medicines,    8,944        

including tonics, vitamin preparations, and other products sold    8,945        

primarily for their medicinal properties; and water, including     8,946        

mineral, bottled, and carbonated waters and ice.                   8,947        

      (C)  The levy of an excise tax on transactions by which      8,949        

lodging by a hotel is or is to be furnished to transient guests    8,950        

pursuant to this section and division (B) of section 5739.01 of    8,951        

the Revised Code does not prevent any of the following:            8,952        

      (1)  A municipal corporation or township from levying an     8,954        

excise tax for any lawful purpose not to exceed three per cent on  8,955        

transactions by which lodging by a hotel is or is to be furnished  8,956        

to transient guests in addition to the tax levied by this          8,957        

section.  If a municipal corporation or township repeals a tax     8,958        

imposed under division (C)(1) of this section and a county in      8,959        

which the municipal corporation or township has territory has a    8,960        

tax imposed under division (C) of section 5739.024 of the Revised  8,961        

Code in effect, the municipal corporation or township may not      8,962        

reimpose its tax as long as that county tax remains in effect.  A  8,963        

municipal corporation or township in which a tax is levied under   8,964        

division (B)(2) of section 351.021 of the Revised Code may not     8,965        

increase the rate of its tax levied under division (C)(1) of this  8,966        

section to any rate that would cause the total taxes levied under  8,967        

both of those divisions to exceed three per cent on any lodging    8,968        

transaction within the municipal corporation or township.          8,969        

      (2)  A municipal corporation or a township from levying an   8,971        

additional excise tax not to exceed three per cent on such         8,972        

                                                          193    

                                                                 
transactions pursuant to division (B) of section 5739.024 of the   8,973        

Revised Code.  Such tax is in addition to any tax imposed under    8,974        

division (C)(1) of this section.                                   8,975        

      (3)  A county from levying an excise tax not to exceed       8,977        

three per cent of such transactions pursuant to division (A) of    8,978        

section 5739.024 of the Revised Code.                              8,979        

      (4)  A county from levying an excise tax not to exceed       8,981        

three per cent of such transactions pursuant to division (C) of    8,982        

section 5739.024 of the Revised Code.  Such a tax is in addition   8,983        

to any tax imposed under division (C)(3) of this section.          8,984        

      (5)  A convention facilities authority, as defined in        8,986        

division (A) of section 351.01 of the Revised Code, from levying   8,987        

the excise taxes provided for in division (B) of section 351.021   8,988        

of the Revised Code.                                               8,989        

      (6)  A county from levying an excise tax not to exceed one   8,991        

and one-half per cent of such transactions pursuant to division    8,992        

(D) of section 5739.024 of the Revised Code.  Such tax is in       8,993        

addition to any tax imposed under division (C)(3) or (4) of this   8,994        

section.                                                           8,995        

      (7)  A county from levying an excise tax not to exceed one   8,997        

and one-half per cent of such transactions pursuant to division    8,998        

(E) of section 5739.024 of the Revised Code.  Such a tax is in     8,999        

addition to any tax imposed under division (C)(3), (4), or (6) of  9,000        

this section.                                                      9,001        

      (D)  The levy of this tax on retail sales of recreation and  9,003        

sports club service shall not prevent a municipal corporation      9,004        

from levying any tax on recreation and sports club dues or on any  9,005        

income generated by recreation and sports club dues.               9,006        

      Section 2.  That existing sections 2305.234, 2305.25,        9,008        

2925.01, 2925.02, 2925.03, 2925.09, 2925.11, 2925.12, 2925.14,     9,009        

2925.23, 2925.50, 3701.33, 3709.161, 3715.01, 3715.03, 3715.52,    9,010        

3715.53, 3715.54, 3715.55, 3715.56, 3715.57, 3715.58, 3715.59,     9,011        

3715.63, 3715.64, 3715.65, 3715.66, 3715.69, 3715.70, 3715.71,     9,013        

3715.73, 3719.01, 3719.05, 3719.06, 3719.07, 3719.08, 3719.09,     9,015        

                                                          194    

                                                                 
3719.12, 3719.121, 3719.15, 3719.172, 3719.19, 3719.30, 3719.34,   9,016        

3719.35, 3719.36, 3719.42, 3719.44, 3719.61, 3719.81, 3719.99,     9,017        

4121.443, 4301.01, 4301.69, 4303.01, 4303.21, 4303.27, 4303.34,                 

4729.01, 4729.02, 4729.03, 4729.06, 4729.07, 4729.08, 4729.09,     9,018        

4729.11, 4729.12, 4729.13, 4729.14, 4729.15, 4729.16, 4729.25,     9,020        

4729.26, 4729.27, 4729.28, 4729.29, 4729.30, 4729.36, 4729.37,     9,021        

4729.38, 4729.381, 4729.51, 4729.54, 4729.55, 4729.57, 4729.59,                 

4729.60, 4729.63, 4729.66, 4729.67, 4741.22, and 5739.02, and      9,022        

sections 4729.021, 4729.261, and 4729.262 of the Revised Code are  9,024        

hereby repealed.                                                                

      Section 3.  The amendment of section 2305.234 of the         9,026        

Revised Code is not intended to supersede the earlier repeal,      9,027        

with delayed effective date, of that section.                      9,028        

      Section 4.  Section 2925.01 of the Revised Code is           9,030        

presented in this act as a composite of the section as amended by  9,032        

Am. Sub. S.B. 143, Sub. H.B. 125, Am. Sub. S.B. 269, and Sub.      9,033        

S.B. 223 of the 121st General Assembly, with the new language of                

none of the acts shown in capital letters.  Section 2925.03 of     9,034        

the Revised Code is presented in this act as a composite of the    9,035        

section as amended by both Am. Sub. S.B. 269 and Am. Sub. S.B.     9,036        

166 of the 121st General Assembly, with the new language of        9,037        

neither of the acts shown in capital letters.  Section 3719.01 of  9,038        

the Revised Code is presented in this act as a composite of the    9,039        

section as amended by both Am. Sub. H.B. 162 and Am. Sub. S.B.     9,040        

269 of the 121st General Assembly, with the new language of        9,041        

neither of the acts shown in capital letters.  Section 4301.01 of  9,042        

the Revised Code is presented in this act as a composite of the    9,043        

section as amended by Sub. H.B. 239, Am. Sub. S.B. 149, and Am.    9,044        

Sub. S.B. 162 of the 121st General Assembly, with the new          9,045        

language of none of the acts shown in capital letters.  This is    9,047        

in recognition of the principle stated in division (B) of section  9,048        

1.52 of the Revised Code that such amendments are to be            9,049        

harmonized where not substantively irreconcilable and constitutes  9,050        

a legislative finding that such is the resulting version in        9,051        

                                                          195    

                                                                 
effect prior to the effective date of this act.                    9,052