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
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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
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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
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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
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(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
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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
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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
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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
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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
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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
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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
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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
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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
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(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