As Reported by the Senate Health Committee 1
122nd General Assembly 4
Regular Session Sub. S. B. No. 66 5
1997-1998 6
SENATORS DRAKE-GAETH-HOWARD 8
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A B I L L
To amend sections 2305.234, 2305.25, 2305.33, 12
2317.02, 2913.02, 2913.51, 2925.01, 2925.02, 13
2925.03, 2925.09, 2925.11, 2925.12, 2925.14, 14
2925.23, 2925.50, 2927.24, 3313.713, 3701.33,
3709.161, 3715.01, 3715.03, 3715.52 to 3715.57, 16
3715.59, 3715.63 to 3715.66, 3715.69, 3715.70, 17
3715.71, 3715.73, 3719.01, 3719.011, 3719.05 to 18
3719.09, 3719.12, 3719.121, 3719.15, 3719.172,
3719.19, 3719.30, 3719.34 to 3719.36, 3719.42, 19
3719.44, 3719.61, 3719.81, 3719.99, 3729.01, 20
4121.443, 4301.01, 4301.69, 4303.01, 4303.21,
4303.27, 4303.34, 4723.28, 4725.01, 4729.01, 22
4729.02, 4729.03, 4729.06 to 4729.09, 4729.11 to
4729.16, 4729.25, 4729.26, 4729.27 to 4729.30, 23
4729.36, 4729.37, 4729.38, 4729.381, 4729.51, 24
4729.52, 4729.54, 4729.55, 4729.57, 4729.59,
4729.60, 4729.63, 4729.66, 4729.67, 4731.052, 25
4741.22, 5123.193, 5126.35, and 5739.02; to
amend, for the purpose of adopting new section 27
numbers as indicated in parentheses, sections
4729.01 (4729.02) and 4729.02 (4729.01); to enact 28
section 4729.39; and to repeal sections 4729.021, 29
4729.261, and 4729.262 of the Revised Code to 30
revise the laws pertaining to drugs and the 31
practice of pharmacy.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 33
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Section 1. That sections 2305.234, 2305.25, 2305.33, 35
2317.02, 2913.02, 2913.51, 2925.01, 2925.02, 2925.03, 2925.09, 37
2925.11, 2925.12, 2925.14, 2925.23, 2925.50, 2927.24, 3313.713,
3701.33, 3709.161, 3715.01, 3715.03, 3715.52, 3715.53, 3715.54, 39
3715.55, 3715.56, 3715.57, 3715.59, 3715.63, 3715.64, 3715.65, 40
3715.66, 3715.69, 3715.70, 3715.71, 3715.73, 3719.01, 3719.011, 42
3719.05, 3719.06, 3719.07, 3719.08, 3719.09, 3719.12, 3719.121, 45
3719.15, 3719.172, 3719.19, 3719.30, 3719.34, 3719.35, 3719.36, 46
3719.42, 3719.44, 3719.61, 3719.81, 3719.99, 3729.01, 4121.443, 47
4301.01, 4301.69, 4303.01, 4303.21, 4303.27, 4303.34, 4723.28, 48
4725.01, 4729.01, 4729.02, 4729.03, 4729.06, 4729.07, 4729.08, 49
4729.09, 4729.11, 4729.12, 4729.13, 4729.14, 4729.15, 4729.16, 50
4729.25, 4729.26, 4729.27, 4729.28, 4729.29, 4729.30, 4729.36, 51
4729.37, 4729.38, 4729.381, 4729.51, 4729.52, 4729.54, 4729.55, 52
4729.57, 4729.59, 4729.60, 4729.63, 4729.66, 4729.67, 4731.052, 53
4741.22, 5123.193, 5126.35, and 5739.02 be amended; sections 55
4729.01 (4729.02) and 4729.02 (4729.01) be amended for the
purpose of adopting new section numbers as indicated in 56
parentheses; and section 4729.39 of the Revised Code be enacted 57
to read as follows: 58
Sec. 2305.234. (A) As used in this section: 67
(1) "Chiropractic claim," "medical claim," and "optometric 69
claim" have the same meanings as in section 2305.11 of the 70
Revised Code. 71
(2) "Dental claim" has the same meaning as in section 73
2305.11 of the Revised Code except that it does not include any 74
claim arising out of a dental operation or any derivative claim 75
for relief that arises out of a dental operation. 76
(3) "Governmental health care program" has the same 78
meaning as in section 4731.65 of the Revised Code. 80
(4) "Health care professional" means any of the following 82
who provide medical, dental, or other health-related diagnosis, 84
care, or treatment:
(a) Physicians authorized under Chapter 4731. of the 86
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Revised Code to practice medicine and surgery or osteopathic 87
medicine and surgery;
(b) Registered nurses and licensed practical nurses 89
licensed under Chapter 4723. of the Revised Code; 90
(c) Physician assistants authorized to practice under 92
Chapter 4730. of the Revised Code; 93
(d) Dentists and dental hygienists licensed under Chapter 95
4715. of the Revised Code; 96
(e) Physical therapists licensed under Chapter 4755. of 98
the Revised Code; 99
(f) Chiropractors licensed under Chapter 4734. of the 101
Revised Code;
(g) Optometrists licensed under Chapter 4725. of the 103
Revised Code;
(h) Podiatrists authorized under Chapter 4731. of the 105
Revised Code to practice podiatry; 106
(i) Dietitians licensed under Chapter 4759. of the Revised 108
Code; 109
(j) Pharmacists registered LICENSED under Chapter 4729. of 111
the Revised Code. 112
(5) "Health care worker" means a person other than a 114
health care professional who provides medical, dental, or other 115
health-related care or treatment under the direction of a health 116
care professional with the authority to direct that individual's 117
activities, including medical technicians, medical assistants, 118
dental assistants, orderlies, aides, and individuals acting in 119
similar capacities.
(6) "Indigent and uninsured person" means a person who 121
meets all of the following requirements: 122
(a) The person's income is not greater than one hundred 124
fifty per cent of the current poverty line as defined by the 125
United States office of management and budget and revised in 126
accordance with section 673(2) of the "Omnibus Budget 127
Reconciliation Act of 1981," 95 Stat. 511, 42 U.S.C. 9902, as
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amended. 128
(b) The person is not eligible to receive medical 130
assistance under Chapter 5111., disability assistance medical 131
assistance under Chapter 5115. of the Revised Code, or assistance 132
under any other governmental health care program; 133
(c) Either of the following applies: 135
(i) The person is not a policyholder, certificate holder, 138
insured, contract holder, subscriber, enrollee, member,
beneficiary, or other covered individual under a health insurance 139
or health care policy, contract, or plan; 140
(ii) The person is a policyholder, certificate holder, 142
insured, contract holder, subscriber, enrollee, member, 143
beneficiary, or other covered individual under a health insurance 144
or health care policy, contract, or plan, but the insurer, 145
policy, contract, or plan denies coverage or is the subject of 146
insolvency or bankruptcy proceedings in any jurisdiction. 147
(7) "Operation" means any procedure that involves cutting 149
or otherwise infiltrating human tissue by mechanical means, 150
including surgery, laser surgery, ionizing radiation, therapeutic 151
ultrasound, or the removal of intraocular foreign bodies. 152
"Operation" does not include the administration of medication by 153
injection, unless the injection is administered in conjunction 154
with a procedure infiltrating human tissue by mechanical means
other than the administration of medicine by injection. 155
(8) "Nonprofit shelter or health care facility" means a 158
charitable nonprofit corporation organized and operated pursuant 159
to Chapter 1702. of the Revised Code, or any charitable 160
organization not organized and not operated for profit, that 161
provides shelter, health care services, or shelter and health 162
care services to indigent and uninsured persons, except that 163
"shelter or health care facility" does not include a hospital as 164
defined in section 3727.01 of the Revised Code, a facility 165
licensed under Chapter 3721. of the Revised Code, or a medical 166
facility that is operated for profit.
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(9) "Tort action" means a civil action for damages for 169
injury, death, or loss to person or property other than a civil 170
action for damages for a breach of contract or another agreement 171
between persons or government entities.
(10) "Volunteer" means an individual who provides any 173
medical, dental, or other health-care related diagnosis, care, or 174
treatment without the expectation of receiving and without 175
receipt of any compensation or other form of remuneration from an 176
indigent and uninsured person, another person on behalf of an 177
indigent and uninsured person, any shelter or health care 178
facility, or any other person or government entity.
(B)(1) Subject to divisions (E) and (F)(3) of this 180
section, a health care professional who is a volunteer and 181
complies with division (B)(2) of this section is not liable in 182
damages to any person or government entity in a tort or other 183
civil action, including an action on a medical, dental,
chiropractic, optometric, or other health-related claim, for 184
injury, death, or loss to person or property that allegedly 185
arises from an action or omission of the volunteer in the 186
provision at a nonprofit shelter or health care facility to an 187
indigent and uninsured person of medical, dental, or other
health-related diagnosis, care, or treatment, including the 189
provision of samples of medicine and other medical products, 190
unless the action or omission constitutes willful or wanton
misconduct. 191
(2) To qualify for the immunity described in division 193
(B)(1) of this section, a health care professional shall do all 195
of the following prior to providing diagnosis, care, or
treatment:
(a) Determine, in good faith, that the indigent and 197
uninsured person is mentally capable of giving informed consent 198
to the provision of the diagnosis, care, or treatment and is not 200
subject to duress or under undue influence;
(b) Inform the person of the provisions of this section; 202
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(c) Obtain the informed consent of the person and a 204
written waiver, signed by the person or by another individual on 206
behalf of and in the presence of the person, that states that the 207
person is mentally competent to give informed consent and,
without being subject to duress or under undue influence, gives 208
informed consent to the provision of the diagnosis, care, or 209
treatment subject to the provisions of this section. 210
(3) A physician or podiatrist who is not covered by 213
medical malpractice insurance, but complies with division (B)(2) 214
of this section, is not required to comply with division (A) of
section 4731.143 of the Revised Code. 215
(C) Subject to divisions (E) and (F)(3) of this section, 217
health care workers who are volunteers are not liable in damages 218
to any person or government entity in a tort or other civil 219
action, including an action upon a medical, dental, chiropractic, 220
optometric, or other health-related claim, for injury, death, or 221
loss to person or property that allegedly arises from an action 222
or omission of the health care worker in the provision at a 223
nonprofit shelter or health care facility to an indigent and
uninsured person of medical, dental, or other health-related 224
diagnosis, care, or treatment, unless the action or omission 225
constitutes willful or wanton misconduct. 226
(D) Subject to divisions (E) and (F)(3) of this section 228
and section 3701.071 of the Revised Code, a nonprofit shelter or 229
health care facility associated with a health care professional 230
described in division (B)(1) of this section or a health care 231
worker described in division (C) of this section is not liable in 233
damages to any person or government entity in a tort or other
civil action, including an action on a medical, dental, 234
chiropractic, optometric, or other health-related claim, for 236
injury, death, or loss to person or property that allegedly 237
arises from an action or omission of the health care professional 238
or worker in providing for the shelter or facility medical,
dental, or other health-related diagnosis, care, or treatment to 239
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an indigent and uninsured person, unless the action or omission 240
constitutes willful or wanton misconduct. 241
(E)(1) Except as provided in division (E)(2) of this 243
section, the immunities provided by divisions (B), (C), and (D) 245
of this section are not available to an individual or to a 246
nonprofit shelter or health care facility if, at the time of an 247
alleged injury, death, or loss to person or property, the 248
individuals involved are providing one of the following: 249
(a) Any medical, dental, or other health-related 251
diagnosis, care, or treatment pursuant to a community service 253
work order entered by a court under division (H)(1) or (2) of 254
section 2951.02 of the Revised Code as a condition of probation 255
or other suspension of a term of imprisonment. 256
(b) Performance of an operation. 258
(c) Delivery of a baby. 260
(2) Division (E)(1) of this section does not apply to an 262
individual who provides, or a nonprofit shelter or health care 263
facility at which the individual provides, diagnosis, care, or 264
treatment that is necessary to preserve the life of a person in a 265
medical emergency. 266
(F)(1) This section does not create a new cause of action 269
or substantive legal right against a health care professional,
health care worker, or nonprofit shelter or health care facility. 271
(2) This section does not affect any immunities from civil 274
liability or defenses established by another section of the
Revised Code or available at common law to which an individual or 276
a nonprofit shelter or health care facility may be entitled in 277
connection with the provision of emergency or other diagnosis, 278
care, or treatment. 279
(3) This section does not grant an immunity from tort or 282
other civil liability to an individual or a nonprofit shelter or
health care facility for actions that are outside the scope of 283
authority of health care professionals or health care workers. 284
(4) This section does not affect any legal responsibility 286
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of a health care professional or health care worker to comply 287
with any applicable law of this state or rule of an agency of 288
this state. 289
(5) This section does not affect any legal responsibility 292
of a nonprofit shelter or health care facility to comply with any 293
applicable law of this state, rule of an agency of this state, or 294
local code, ordinance, or regulation that pertains to or 295
regulates building, housing, air pollution, water pollution,
sanitation, health, fire, zoning, or safety. 296
Sec. 2305.25. (A) No health care entity and no individual 306
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 307
following corporations shall be liable in damages to any person 308
for any acts, omissions, decisions, or other conduct within the 309
scope of the functions of the board, committee, or corporation: 310
(1) A peer review committee of a hospital, a nonprofit 312
health care corporation which is a member of the hospital or of 313
which the hospital is a member, or a community mental health 314
center; 315
(2) A board or committee of a hospital or of a nonprofit 318
health care corporation which is a member of the hospital or of 319
which the hospital is a member reviewing professional
qualifications or activities of the hospital medical staff or 320
applicants for admission to the medical staff; 321
(3) A utilization committee of a state or local society 323
composed of doctors of medicine or, doctors of osteopathic 324
medicine and surgery, or doctors of podiatric medicine; 325
(4) A peer review committee of nursing home providers or 327
administrators, including a corporation engaged in performing the 329
functions of a peer review committee of nursing home providers or 330
administrators, or a corporation engaged in the functions of
another type of peer review or professional standards review 331
committee; 332
(5) A peer review committee, professional standards review 334
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committee, or arbitration committee of a state or local society 335
composed of doctors of medicine, doctors of osteopathic medicine 336
and surgery, doctors of dentistry, doctors of optometry, doctors 337
of podiatric medicine, psychologists, or registered pharmacists; 338
(6) A peer review committee of a health insuring 340
corporation that has at least a two-thirds majority of member 342
physicians in active practice and that conducts professional 343
credentialing and quality review activities involving the 344
competence or professional conduct of health care providers, 345
which conduct adversely affects, or could adversely affect, the 346
health or welfare of any patient. For purposes of this division, 347
"health insuring corporation" includes wholly owned subsidiaries 350
of a health insuring corporation. 351
(7) A peer review committee of any insurer authorized 353
under Title XXXIX of the Revised Code to do the business of 354
sickness and accident insurance in this state that has at least a 355
two-thirds majority of physicians in active practice and that 356
conducts professional credentialing and quality review activities 357
involving the competence or professional conduct of health care 358
providers, which conduct adversely affects, or could adversely 359
affect, the health or welfare of any patient; 360
(8) A peer review committee of any insurer authorized 362
under Title XXXIX of the Revised Code to do the business of 363
sickness and accident insurance in this state that has at least a 364
two-thirds majority of physicians in active practice and that 365
conducts professional credentialing and quality review activities 366
involving the competence or professional conduct of a health care 367
facility that has contracted with the insurer to provide health 368
care services to insureds, which conduct adversely affects, or 369
could adversely affect, the health or welfare of any patient; 370
(9) A quality assurance committee of a state correctional 372
institution operated by the department of rehabilitation and 374
correction;
(10) A quality assurance committee of the central office 376
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of the department of rehabilitation and correction or department 378
of mental health;
(11) A peer review committee of an insurer authorized 380
under Title XXXIX of the Revised Code to do the business of 381
medical professional liability insurance in this state and that 382
conducts professional quality review activities involving the 384
competence or professional conduct of health care providers, 385
which conduct adversely affects, or could affect, the health or
welfare of any patient; 386
(12) A peer review committee of a health care entity. 388
(B)(1) A hospital shall be presumed to not be negligent in 390
the credentialing of a qualified person if the hospital proves by 391
a preponderance of the evidence that at the time of the alleged 392
negligent credentialing of the qualified person it was accredited 393
by the joint commission on accreditation of health care 394
organizations, the American osteopathic association, or the
national committee for quality assurance. 395
(2) The presumption that a hospital is not negligent as 397
provided in division (B)(1) of this section may be rebutted only 398
by proof, by a preponderance of the evidence, of any of the 399
following:
(a) The credentialing and review requirements of the 401
accrediting organization did not apply to the hospital, the 402
qualified person, or the type of professional care that is the 403
basis of the claim against the hospital.
(b) The hospital failed to comply with all material 405
credentialing and review requirements of the accrediting 406
organization that applied to the qualified person. 407
(c) The hospital, through its medical staff executive 409
committee or its governing body and sufficiently in advance to 410
take appropriate action, knew that a previously competent 411
qualified person with staff privileges at the hospital had 412
developed a pattern of incompetence that indicated that the 413
qualified person's privileges should have been limited prior to 414
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treating the plaintiff at the hospital. 415
(d) The hospital, through its medical staff executive 417
committee or its governing body and sufficiently in advance to 418
take appropriate action, knew that a previously competent 419
qualified person with staff privileges at the hospital would 420
provide fraudulent medical treatment but failed to limit the 421
qualified person's privileges prior to treating the plaintiff at 422
the hospital. 423
(3) If the plaintiff fails to rebut the presumption 425
provided in division (B)(1) of this section, upon the motion of 426
the hospital, the court shall enter judgment in favor of the 427
hospital on the claim of negligent credentialing.
(C) Nothing in this section otherwise shall relieve any 429
individual or health care entity from liability arising from 430
treatment of a patient. Nothing in this section shall be 431
construed as creating an exception to section 2305.251 of the 432
Revised Code.
(D) No person who provides information under this section 434
without malice and in the reasonable belief that the information 436
is warranted by the facts known to the person shall be subject to 437
suit for civil damages as a result of providing the information. 438
(E) For purposes of this section: 440
(1) "Peer review committee" means a utilization review 442
committee, quality assurance committee, quality improvement 443
committee, tissue committee, credentialing committee, or other 444
committee that conducts professional credentialing and quality 445
review activities involving the competence or professional 446
conduct of health care practitioners.
(2) "Health care entity" means a government entity, a 448
for-profit or nonprofit corporation, a limited liability company, 449
a partnership, a professional corporation, a state or local 450
society as described in division (A)(3) of this section, or other 451
health care organization, including, but not limited to, health 452
care entities described in division (A) of this section, whether 453
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acting on its own behalf or on behalf of or in affiliation with 454
other health care entities, that conducts, as part of its
purpose, professional credentialing or quality review activities 455
involving the competence or professional conduct of health care 456
practitioners or providers. 457
(3) "Hospital" means either of the following: 459
(a) An institution that has been registered or licensed by 461
the Ohio department of health as a hospital; 462
(b) An entity, other than an insurance company authorized 464
to do business in this state, that owns, controls, or is 465
affiliated with an institution that has been registered or 467
licensed by the Ohio department of health as a hospital.
(4) "Qualified person" means a member of the medical staff 469
of a hospital or a person who has professional privileges at a 470
hospital pursuant to section 3701.351 of the Revised Code. 471
(F) This section shall be considered to be purely remedial 474
in its operation and shall be applied in a remedial manner in any 475
civil action in which this section is relevant, whether the civil 476
action is pending in court or commenced on or after the effective 477
date of this section, regardless of when the cause of action 478
accrued and notwithstanding any other section of the Revised Code 480
or prior rule of law of this state.
Sec. 2305.33. (A) As used in this section: 489
(1) "Bus" has the same meaning as in section 4511.78 of 491
the Revised Code. 492
(2) "Business of public transportation" means a business 494
that includes among its functions the transporting of passengers 495
in interstate or intrastate commerce by aircraft, railroad train, 496
school or other bus, taxicab, or other type of common carrier, 497
whether or not a charge is imposed for the transportation. 498
"Business of public transportation" includes, but is not limited 499
to, an Ohio transit system. 500
(3) "Civil action" means a tort or contract action for 502
damages for harm. 503
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(4) "Employee" means an individual who is employed by an 505
employer to operate any aircraft, railroad train, school or other 506
bus, taxicab, or other type of common carrier. 507
(5) "Employer" means a person that is engaged in the 509
business of public transportation. 510
(6) "Harm" means injury, death, or loss to person or 512
property. 513
(7) "Ohio transit system" means a county transit system 515
operated in accordance with sections 306.01 to 306.13 of the 516
Revised Code, a regional transit authority operated in accordance 517
with sections 306.30 to 306.71 of the Revised Code, a regional 518
transit commission operated in accordance with sections 306.80 to 519
306.90 of the Revised Code, any municipally owned transportation 520
system, and any mass transit company that operates exclusively 521
within the territorial limits of a municipal corporation, or 522
within the territorial limits of a municipal corporation and one 523
or more municipal corporations immediately contiguous to that 524
municipal corporation. 525
(8) "Physician" means a person who is licensed pursuant to 527
Chapter 4731. of the Revised Code to practice medicine or surgery 528
or osteopathic medicine and surgery. 529
(9) "Prescription" has the same meaning as in section 531
4729.02 4729.01 of the Revised Code. 532
(10) "School bus" has the same meaning as in section 534
4511.01 of the Revised Code. 535
(11) "Tort action" means a civil action for damages for 537
injury, death, or loss to person or property, other than a civil 538
action for damages for a breach of contract or another agreement 539
between persons. "Tort action" includes, but is not limited to, 540
a civil action for damages against a physician on the ground of a 541
breach of the confidentiality of the physician-patient 542
relationship. 543
(B) A physician is not liable in damages in a civil action 545
for harm that allegedly is incurred by an employee as a result of 546
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the physician reporting any of the following to the employer of 547
the employee: 548
(1) The physician has determined that the employee is 550
using a drug of abuse dispensed pursuant to a prescription and 551
that the employee's use of the drug of abuse represents a 552
potential risk of harm to passengers on any aircraft, railroad 553
train, school or other bus, taxicab, or other type of common 554
carrier operated by the employee; 555
(2) The physician has determined that the employee is 557
using a drug of abuse otherwise than pursuant to a prescription. 558
(3) The physician has determined that the employee has a 560
condition, other than one involving the use of a drug of abuse, 561
that represents a potential risk of harm to passengers on any 562
aircraft, railroad train, school or other bus, taxicab, or other 563
type of common carrier operated by the employee. 564
(C)(1) This section does not create, and shall not be 566
construed as creating, a new cause of action or substantive legal 567
right against a physician and in favor of an employee who was a 568
patient of the physician, who was the subject of a report 569
described in division (B) of this section, and who allegedly 570
sustained harm as a result of the report, or in favor of any 571
other person who allegedly sustained harm as a result of the 572
report. 573
(2) This section does not impose, and shall not be 575
construed as imposing, a duty upon a physician to make a report 576
as described in division (B) of this section to an employer of an 577
employee who the physician determines is using a drug of abuse 578
dispensed pursuant to a prescription or is using a drug of abuse 579
other than pursuant to a prescription, or who the physician 580
determines has a condition, other than one involving the use of a 581
drug of abuse, that represents a potential risk of harm to 582
passengers on the type of common carrier operated by the 583
employee. 584
(3) This section does not affect and shall not be 586
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construed as affecting, any immunities from civil liability or 587
defenses established by another section of the Revised Code or 588
available at common law, to which a physician may be entitled. 589
(D) In the event that a physician makes a report described 591
in division (B) of this section, the physician also shall make a 592
report to the employee who was the subject of the report. If the 593
report to the employer is in writing, the report to the employee 594
shall be in writing. 595
Sec. 2317.02. The following persons shall not testify in 609
certain respects: 610
(A) An attorney, concerning a communication made TO the 612
attorney by the attorney's a client in that relation or the 613
attorney's advice to the a client, except that the attorney may 615
testify by express consent of the client or, if the client is 616
deceased, by the express consent of the surviving spouse or the 617
executor or administrator of the estate of the deceased client 618
and except that, if the client voluntarily testifies or is deemed 619
by section 2151.421 of the Revised Code to have waived any 620
testimonial privilege under this division, the attorney may be 621
compelled to testify on the same subject;.
(B)(1) A physician or a dentist concerning a communication 623
made TO the physician or dentist by the physician's or dentist's 625
a patient in that relation or the physician's or dentist's advice 626
to the a patient, except as otherwise provided in this division, 627
division (B)(2), and division (B)(3) of this section, and except 628
that, if the patient is deemed by section 2151.421 of the Revised 629
Code to have waived any testimonial privilege under this 630
division, the physician may be compelled to testify on the same 631
subject.
The testimonial privilege under this division does not 633
apply, and a physician or dentist may testify or may be compelled 634
to testify in any of the following circumstances: 635
(a) In any civil action, in accordance with the discovery 637
provisions of the Rules of Civil Procedure in connection with a 638
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civil action, or in connection with a claim under Chapter 4123. 639
of the Revised Code, under any of the following circumstances: 640
(i) If the patient or the guardian or other legal 642
representative of the patient gives express consent; 643
(ii) If the patient is deceased, the spouse of the patient 645
or the executor or administrator of the patient's estate gives 647
express consent;
(iii) If a medical claim, dental claim, chiropractic 649
claim, or optometric claim, as defined in section 2305.11 of the 650
Revised Code, an action for wrongful death, any other type of 651
civil action, or a claim under Chapter 4123. of the Revised Code 652
is filed by the patient, the personal representative of the 653
estate of the patient if deceased, or the patient's guardian or 655
other legal representative.
(b) In any criminal action concerning any test or the 657
results of any test that determines the presence or concentration 658
of alcohol, a drug of abuse, or alcohol and a drug of abuse in 659
the patient's blood, breath, urine, or other bodily substance at 660
any time relevant to the criminal offense in question. 661
(2)(a) If any law enforcement officer submits a written 663
statement to a health care provider that states that an official 664
criminal investigation has begun regarding a specified person or 665
that a criminal action or proceeding has been commenced against a 666
specified person, that requests the provider to supply to the 667
officer copies of any records the provider possesses that pertain
to any test or the results of any test administered to the 668
specified person to determine the presence or concentration of 669
alcohol, a drug of abuse, or alcohol and a drug of abuse in the 670
person's blood, breath, or urine at any time relevant to the 671
criminal offense in question, and that conforms to section
2317.022 of the Revised Code, the provider, except to the extent 672
specifically prohibited by any law of this state or of the United 673
States, shall supply to the officer a copy of any of the 674
requested records the provider possesses. If the health care 675
17
provider does not possess any of the requested records, the
provider shall give the officer a written statement that 676
indicates that the provider does not possess any of the requested 677
records.
(b) If a health care provider possesses any records of the 679
type described in division (B)(2)(a) of this section regarding 680
the person in question at any time relevant to the criminal 681
offense in question, in lieu of personally testifying as to the 682
results of the test in question, the custodian of the records may 683
submit a certified copy of the records, and, upon its submission,
the certified copy is qualified as authentic evidence and may be 684
admitted as evidence in accordance with the Rules of Evidence. 685
Division (A) of section 2317.422 of the Revised Code does not 686
apply to any certified copy of records submitted in accordance 687
with this division. Nothing in this division shall be construed 688
to limit the right of any party to call as a witness the person
who administered the test to which the records pertain, the 689
person under whose supervision the test was administered, the 690
custodian of the records, the person who made the records, or the 691
person under whose supervision the records were made. 692
(3)(a) If the testimonial privilege described in division 694
(B)(1) of this section does not apply as provided in division 695
(B)(1)(a)(iii) of this section, a physician or dentist may be 696
compelled to testify or to submit to discovery under the Rules of 697
Civil Procedure only as to a communication made TO the physician 698
or dentist by the patient in question in that relation, or the 699
physician's or dentist's advice to the patient in question, that 701
related causally or historically to physical or mental injuries 702
that are relevant to issues in the medical claim, dental claim, 703
chiropractic claim, or optometric claim, action for wrongful 704
death, other civil action, or claim under Chapter 4123. of the 705
Revised Code.
(b) If the testimonial privilege described in division 707
(B)(1) of this section does not apply to a physician or dentist 708
18
as provided in division (B)(1)(b) of this section, the physician 709
or dentist, in lieu of personally testifying as to the results of 710
the test in question, may submit a certified copy of those
results, and, upon its submission, the certified copy is 711
qualified as authentic evidence and may be admitted as evidence 712
in accordance with the Rules of Evidence. Division (A) of 713
section 2317.422 of the Revised Code does not apply to any 714
certified copy of results submitted in accordance with this
division. Nothing in this division shall be construed to limit 715
the right of any party to call as a witness the person who 716
administered the test in question, the person under whose 717
supervision the test was administered, the custodian of the
results of the test, the person who compiled the results, or the 718
person under whose supervision the results were compiled. 719
(4)(a) As used in divisions (B)(1) to (3) of this section, 721
"communication" means acquiring, recording, or transmitting any 722
information, in any manner, concerning any facts, opinions, or 723
statements necessary to enable a physician or dentist to 724
diagnose, treat, prescribe, or act for a patient. A 725
"communication" may include, but is not limited to, any medical 726
or dental, office, or hospital communication such as a record, 727
chart, letter, memorandum, laboratory test and results, x-ray, 728
photograph, financial statement, diagnosis, or prognosis. 729
(b) As used in division (B)(2) of this section, "health 731
care provider" has the same meaning as in section 3729.01 of the 732
Revised Code.
(5) Divisions (B)(1), (2), (3), and (4) of this section 734
apply to doctors of medicine, doctors of osteopathic medicine, 735
doctors of podiatry, and dentists. 736
(6) Nothing in divisions (B)(1) to (5) of this section 738
affects, or shall be construed as affecting, the immunity from 739
civil liability conferred by section 2305.33 of the Revised Code 740
upon physicians who report an employee's use of a drug of abuse, 741
or a condition of an employee other than one involving the use of 742
19
a drug of abuse, to the employer of the employee in accordance 743
with division (B) of that section. As used in this division, 744
"employee," "employer," and "physician" have the same meanings as 745
in section 2305.33 of the Revised Code. 746
(C) A member of the clergy, rabbi, priest, or regularly 748
ordained, accredited, or licensed minister of an established and 750
legally cognizable church, denomination, or sect, when the cleric 751
MEMBER OF THE CLERGY, rabbi, priest, or minister remains 753
accountable to the authority of that church, denomination, or 754
sect, concerning a confession made, or any information 755
confidentially communicated, TO the clergyman MEMBER OF THE 756
CLERGY, rabbi, priest, or minister for a religious counseling 757
purpose in the clergyman's MEMBER OF THE CLERGY'S, rabbi's, 758
priest's, or minister's professional character; however, the 760
cleric MEMBER OF THE CLERGY, rabbi, priest, or minister may 762
testify by express consent of the person making the 763
communication, except when the disclosure of the information is 764
in violation of the clergyman's rabbi's, priest's, or minister's 765
a sacred trust.
(D) Husband or wife, concerning any communication made by 767
one to the other, or an act done by either in the presence of the 768
other, during coverture, unless the communication was made, or 769
act done, in the known presence or hearing of a third person 770
competent to be a witness; and such rule is the same if the 771
marital relation has ceased to exist. 772
(E) A person who assigns a claim or interest, concerning 774
any matter in respect to which the person would not, if a party, 776
be permitted to testify;.
(F) A person who, if a party, would be restricted under 779
section 2317.03 of the Revised Code, when the property or thing 780
is sold or transferred by an executor, administrator, guardian, 781
trustee, heir, devisee, or legatee, shall be restricted in the 782
same manner in any action or proceeding concerning the property 783
or thing.
20
(G)(1) A school guidance counselor who holds a valid 785
educator license from the state board of education as provided 787
for in section 3319.22 of the Revised Code, a person licensed 788
under Chapter 4757. of the Revised Code as a professional 789
clinical counselor, professional counselor, social worker, or 790
independent social worker, or registered under Chapter 4757. of 791
the Revised Code as a social work assistant concerning a 792
confidential communication such person such person's received 793
from a client in that relation or such person's the person's 794
advice to the a client unless any of the following applies: 795
(a) The communication or advice indicates clear and 797
present danger to the client or other persons. For the purposes 798
of this division, cases in which there are indications of present 799
or past child abuse or neglect of the client constitute a clear 800
and present danger. 801
(b) The client gives express consent to the testimony. 803
(c) If the client is deceased, the surviving spouse or the 805
executor or administrator of the estate of the deceased client 806
gives express consent. 807
(d) The client voluntarily testifies, in which case the 809
school guidance counselor or person licensed or registered under 810
Chapter 4757. of the Revised Code may be compelled to testify on 812
the same subject.
(e) The court in camera determines that the information 814
communicated by the client is not germane to the counselor-client 815
or social worker-client relationship. 816
(f) A court, in an action brought against a school, its 818
administration, or any of its personnel by the client, rules 819
after an in-camera inspection that the testimony of the school 820
guidance counselor is relevant to that action. 821
(2) Nothing in division (G)(1) of this section shall 823
relieve a school guidance counselor or a person licensed or 825
registered under Chapter 4757. of the Revised Code from the 827
requirement to report information concerning child abuse or 828
21
neglect under section 2151.421 of the Revised Code.
(H) A mediator acting under a mediation order issued under 830
division (A) of section 3109.052 of the Revised Code or otherwise 831
issued in any proceeding for divorce, dissolution, legal 832
separation, annulment, or the allocation of parental rights and 833
responsibilities for the care of children, in any action or 834
proceeding, other than a criminal, delinquency, child abuse, 835
child neglect, or dependent child action or proceeding, that is 836
brought by or against either parent who takes part in mediation 837
in accordance with the order and that pertains to the mediation 838
process, to any information discussed or presented in the 839
mediation process, to the allocation of parental rights and 840
responsibilities for the care of the parents' children, or to the 841
awarding of visitation rights in relation to their children. 842
(I) A communications assistant, acting within the scope of 844
the communication that assistant's authority, when providing 845
telecommunications relay service pursuant to section 4931.35 of 847
the Revised Code or Title II of the "Communications Act of 1934," 848
104 Stat. 366 (1990), 47 U.S.C. 225, concerning a communication 849
made through a telecommunications relay service. NOTHING 850
Nothing in this section shall limit any immunity or 852
privilege granted under federal law or regulation. Nothing in 853
this section DIVISION shall limit the obligation of a 854
communications assistant to divulge information or testify when 856
mandated by federal law or regulation or pursuant to subpoena in 857
a criminal proceeding. 858
(J) EXCEPT TO THE EXTENT THAT A PHARMACIST IS SUBJECT TO 860
THE PROVISIONS OF DIVISION (B) OF THIS SECTION AS A HEALTH CARE 861
PROVIDER, A PHARMACIST CONCERNING A COMMUNICATION MADE TO THE 862
PHARMACIST BY AN INDIVIDUAL IN THAT RELATION, A COMMUNICATION 863
MADE TO THE PHARMACIST BY A PERSON WHO ISSUED A PRESCRIPTION FOR 864
THE INDIVIDUAL, OR THE PHARMACIST'S ADVICE TO THE INDIVIDUAL, 865
EXCEPT THAT THE PHARMACIST MAY TESTIFY BY EXPRESS CONSENT OF THE 866
INDIVIDUAL OR, IF THE INDIVIDUAL IS DECEASED, BY THE EXPRESS
22
CONSENT OF THE SURVIVING SPOUSE OR EXECUTOR OR ADMINISTRATION OF 867
THE ESTATE OF THE DECEASED. 868
NOTHING IN THIS SECTION SHALL LIMIT ANY IMMUNITY OR 870
PRIVILEGE GRANTED UNDER FEDERAL LAW. 871
Sec. 2913.02. (A) No person, with purpose to deprive the 880
owner of property or services, shall knowingly obtain or exert 881
control over either the property or services in any of the 882
following ways: 883
(1) Without the consent of the owner or person authorized 885
to give consent; 886
(2) Beyond the scope of the express or implied consent of 888
the owner or person authorized to give consent; 889
(3) By deception; 891
(4) By threat. 893
(B) Whoever violates this section is guilty of theft. 895
Except as otherwise provided in this division, a violation of 896
this section is petty theft, a misdemeanor of the first degree. 897
If the value of the property or services stolen is five hundred 898
dollars or more and is less than five thousand dollars OR if the 899
property stolen is any of the property listed in section 2913.71 900
of the Revised Code, a violation of this section is theft, a 901
felony of the fifth degree. If the value of the property or 902
services stolen is five thousand dollars or more and is less than 903
one hundred thousand dollars OR if the property stolen is a 904
firearm or dangerous ordnance, as defined in section 2923.11 of 905
the Revised Code,, a violation of this section is grand theft, a 906
felony of the fourth degree. If the property stolen is a motor 907
vehicle, as defined in section 4501.01 of the Revised Code, a
violation of this section is grand theft of a motor vehicle, a 908
felony of the fourth degree. If the value of the property or 909
services stolen is one hundred thousand dollars or more, a 910
violation of this section is aggravated theft, a felony of the 911
third degree. If the property stolen is any dangerous drug, as 912
defined in section 4729.02 4729.01 of the Revised Code, a 913
23
violation of this section is theft of drugs, a felony of the 915
fourth degree, or, if the offender previously has been convicted 916
of a felony drug abuse offense, as defined in section 2925.01 of 917
the Revised Code, a felony of the third degree. 918
Sec. 2913.51. (A) No person shall receive, retain, or 928
dispose of property of another knowing or having reasonable cause 930
to believe that the property has been obtained through commission 931
of a theft offense.
(B) Whoever violates this section is guilty of receiving 933
stolen property. Except as otherwise provided in this division, 935
receiving stolen property is a misdemeanor of the first degree. 936
If the value of the property involved is five hundred dollars or 937
more and is less than five thousand dollars, if the property 938
involved is any of the property listed in section 2913.71 of the 939
Revised Code, receiving stolen property is a felony of the fifth 940
degree. If the property involved is a motor vehicle, as defined 941
in section 4501.01 of the Revised Code, if the property involved 942
is a dangerous drug, as defined in section 4729.02 4729.01 of the 943
Revised Code, or if the value of the property involved is five 945
thousand dollars or more and is less than one hundred thousand 946
dollars, OR if the property involved is a firearm or dangerous 947
ordnance, as defined in section 2923.11 of the Revised Code, 948
receiving stolen property is a felony of the fourth degree. If
the value of the property involved is one hundred thousand 949
dollars or more, receiving stolen property is a felony of the 950
third degree. 951
Sec. 2925.01. As used in this chapter: 964
(A) "Administer," "controlled substance," "dispense," 966
"distribute," "federal drug abuse control laws," "hypodermic," 967
"manufacturer," "official written order," "person," "pharmacist," 969
"pharmacy," "practitioner," "prescription," "sale," "schedule I," 970
"schedule II," "schedule III," "schedule IV," "schedule V," and 971
"wholesaler" have the same meanings as in section 3719.01 of the 972
Revised Code.
24
(B) "Drug dependent person" and "drug of abuse" have the 974
same meanings as in section 3719.011 of the Revised Code. 975
(C) "Drug," "dangerous drug," and "Federal Food, Drug, and 977
Cosmetic Act LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE 978
DRUGS," AND "PRESCRIPTION" have the same meanings as in section 979
4729.02 4729.01 of the Revised Code. 980
(D) "Bulk amount" of a controlled substance means any of 982
the following: 983
(1) For any compound, mixture, preparation, or substance 985
included in schedule I, schedule II, or schedule III, with the 987
exception of marihuana, cocaine, L.S.D., heroin, and hashish and
except as provided in division (D)(2) or (5) of this section, 989
whichever of the following is applicable:
(a) An amount equal to or exceeding ten grams or 991
twenty-five unit doses of a compound, mixture, preparation, or 992
substance that is or contains any amount of a schedule I opiate 993
or opium derivative; 994
(b) An amount equal to or exceeding ten grams of a 997
compound, mixture, preparation, or substance that is or contains 998
any amount of raw or gum opium; 999
(c) An amount equal to or exceeding thirty grams or ten 1,002
unit doses of a compound, mixture, preparation, or substance that 1,003
is or contains any amount of a schedule I hallucinogen other than 1,004
tetrahydrocannabinol or lysergic acid amide, or a schedule I 1,007
stimulant or depressant; 1,008
(d) An amount equal to or exceeding twenty grams or five 1,011
times the maximum daily dose in the usual dose range specified in 1,012
a standard pharmaceutical reference manual of a compound, 1,013
mixture, preparation, or substance that is or contains any amount 1,014
of a schedule II opiate or opium derivative; 1,015
(e) An amount equal to or exceeding five grams or ten unit 1,017
doses of a compound, mixture, preparation, or substance that is 1,018
or contains any amount of phencyclidine; 1,019
(f) An amount equal to or exceeding one hundred twenty 1,021
25
grams or thirty times the maximum daily dose in the usual dose 1,022
range specified in a standard pharmaceutical reference manual of 1,023
a compound, mixture, preparation, or substance that is or 1,024
contains any amount of a schedule II stimulant that is in a final 1,025
dosage form manufactured by a person authorized by the "Federal 1,026
Food, Drug, and Cosmetic Act," 52 STAT. 1040 (1938), 21 U.S.C.A. 1,028
301, AS AMENDED, and the federal drug abuse control laws, AS 1,029
DEFINED IN SECTION 3719.01 OF THE REVISED CODE, that is or
contains any amount of a schedule II depressant substance or a 1,031
schedule II hallucinogenic substance;
(g) An amount equal to or exceeding three grams of a 1,034
compound, mixture, preparation, or substance that is or contains 1,035
any amount of a schedule II stimulant, or any of its salts or 1,036
isomers, that is not in a final dosage form manufactured by a 1,037
person authorized by the Federal Food, Drug, and Cosmetic Act and 1,038
the federal drug abuse control laws. 1,039
(2) An amount equal to or exceeding one hundred twenty 1,042
grams or thirty times the maximum daily dose in the usual dose 1,043
range specified in a standard pharmaceutical reference manual of 1,045
a compound, mixture, preparation, or substance that is or 1,047
contains any amount of a schedule III or IV substance other than 1,049
an anabolic steroid or a schedule III opiate or opium derivative; 1,050
(3) An amount equal to or exceeding twenty grams or five 1,052
times the maximum daily dose in the usual dose range specified in 1,053
a standard pharmaceutical reference manual of a compound, 1,054
mixture, specification PREPARATION, or substance that is or 1,056
contains any amount of a schedule III opiate or opium derivative;
(4) An amount equal to or exceeding two hundred fifty 1,058
milliliters or two hundred fifty grams of a compound, mixture, 1,059
preparation, or substance that is or contains any amount of a 1,060
schedule V substance; 1,061
(5) An amount equal to or exceeding two hundred solid 1,064
dosage units, sixteen grams, or sixteen milliliters of a 1,065
compound, mixture, preparation, or substance that is or contains 1,066
26
any amount of a schedule III anabolic steroid. 1,067
(E) "Unit dose" means an amount or unit of a compound, 1,069
mixture, or preparation containing a controlled substance that is 1,070
separately identifiable and is in a form indicating that 1,071
indicates that it is the amount or unit by which the controlled 1,073
substance is separately administered to or taken by an 1,074
individual. 1,075
(F) "Cultivate" includes planting, watering, fertilizing, 1,077
or tilling. 1,078
(G) "Drug abuse offense" means any of the following: 1,080
(1) A violation of division (A) of section 2913.02 that 1,082
constitutes theft of drugs, or a violation of section 2925.02, 1,083
2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13, 1,084
2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the 1,086
Revised Code;
(2) A violation of an existing or former law of this or 1,088
any other state or of the United States that is substantially 1,089
equivalent to any section listed in division (G)(1) of this 1,090
section; 1,091
(3) An offense under an existing or former law of this or 1,093
any other state, or of the United States, of which planting, 1,094
cultivating, harvesting, processing, making, manufacturing, 1,095
producing, shipping, transporting, delivering, acquiring, 1,096
possessing, storing, distributing, dispensing, selling, inducing 1,097
another to use, administering to another, using, or otherwise 1,098
dealing with a controlled substance is an element; 1,099
(4) A conspiracy to commit, attempt to commit, or 1,101
complicity in committing or attempting to commit any offense 1,102
under division (G)(1), (2), or (3) of this section. 1,103
(H) "Felony drug abuse offense" means any drug abuse 1,105
offense that would constitute a felony under the laws of this 1,106
state, any other state, or the United States. 1,107
(I) "Harmful intoxicant" does not include beer or 1,109
intoxicating liquor but means any compound, mixture, preparation, 1,111
27
or substance the gas, fumes, or vapor of which when inhaled can 1,112
induce intoxication, excitement, giddiness, irrational behavior, 1,113
depression, stupefaction, paralysis, unconsciousness, 1,114
asphyxiation, or other harmful physiological effects, and 1,115
includes, but is not limited to, any of the following: 1,116
(1) Any volatile organic solvent, plastic cement, model 1,118
cement, fingernail polish remover, lacquer thinner, cleaning 1,119
fluid, gasoline, or other preparation containing a volatile 1,120
organic solvent; 1,121
(2) Any aerosol propellant; 1,123
(3) Any fluorocarbon refrigerant; 1,125
(4) Any anesthetic gas. 1,127
(J) "Manufacture" means to plant, cultivate, harvest, 1,129
process, make, prepare, or otherwise engage in any part of the 1,130
production of a drug, by propagation, extraction, chemical 1,131
synthesis, or compounding, or any combination of the same, and 1,132
includes packaging, repackaging, labeling, and other activities 1,133
incident to production. 1,134
(K) "Possess" or "possession" means having control over a 1,136
thing or substance, but may not be inferred solely from mere 1,137
access to the thing or substance through ownership or occupation 1,138
of the premises upon which the thing or substance is found. 1,139
(L) "Sample drug" means a drug or pharmaceutical 1,141
preparation that would be hazardous to health or safety if used 1,142
without the supervision of a practitioner LICENSED HEALTH 1,143
PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, or a drug of abuse, 1,144
and that, at one time, had been placed in a container plainly 1,145
marked as a sample by a manufacturer. 1,146
(M) "Standard pharmaceutical reference manual" means the 1,148
current edition, with cumulative changes if any, of any of the 1,149
following reference works: 1,150
(1) "The National Formulary"; 1,152
(2) "The United States Pharmacopeia," prepared by 1,154
authority of the United States Pharmacopeial Convention, Inc.; 1,155
28
(3) Other standard references that are approved by the 1,157
state board of pharmacy. 1,158
(N) "Juvenile" means a person under eighteen years of age. 1,160
(O) "Counterfeit controlled substance" means any of the 1,162
following: 1,163
(1) Any drug that bears, or whose container or label 1,165
bears, a trademark, trade name, or other identifying mark used 1,166
without authorization of the owner of rights to that trademark, 1,167
trade name, or identifying mark; 1,168
(2) Any unmarked or unlabeled substance that is 1,170
represented to be a controlled substance manufactured, processed, 1,171
packed, or distributed by a person other than the person that 1,172
manufactured, processed, packed, or distributed it; 1,173
(3) Any substance that is represented to be a controlled 1,175
substance but is not a controlled substance or is a different 1,176
controlled substance; 1,177
(4) Any substance other than a controlled substance that a 1,179
reasonable person would believe to be a controlled substance 1,180
because of its similarity in shape, size, and color, or its 1,181
markings, labeling, packaging, distribution, or the price for 1,182
which it is sold or offered for sale. 1,183
(P) An offense is "committed in the vicinity of a school" 1,185
if the offender commits the offense on school premises, in a 1,186
school building, or within one thousand feet of the boundaries of 1,187
any school premises.
(Q) "School" means any school operated by a board of 1,189
education or any school for which the state board of education 1,190
prescribes minimum standards under section 3301.07 of the Revised 1,191
Code, whether or not any instruction, extracurricular activities, 1,192
or training provided by the school is being conducted at the time 1,193
a criminal offense is committed. 1,194
(R) "School premises" means either of the following: 1,196
(1) The parcel of real property on which any school is 1,198
situated, whether or not any instruction, extracurricular 1,199
29
activities, or training provided by the school is being conducted 1,200
on the premises at the time a criminal offense is committed; 1,201
(2) Any other parcel of real property that is owned or 1,203
leased by a board of education of a school or the governing body 1,204
of a school for which the state board of education prescribes 1,205
minimum standards under section 3301.07 of the Revised Code and 1,206
on which some of the instruction, extracurricular activities, or 1,207
training of the school is conducted, whether or not any 1,208
instruction, extracurricular activities, or training provided by 1,209
the school is being conducted on the parcel of real property at 1,210
the time a criminal offense is committed. 1,211
(S) "School building" means any building in which any of 1,213
the instruction, extracurricular activities, or training provided 1,214
by a school is conducted, whether or not any instruction, 1,215
extracurricular activities, or training provided by the school is 1,216
being conducted in the school building at the time a criminal 1,217
offense is committed. 1,218
(T) "Disciplinary counsel" means the disciplinary counsel 1,220
appointed by the board of commissioners on grievances and 1,221
discipline of the supreme court under the Rules for the 1,222
Government of the Bar of Ohio. 1,223
(U) "Certified grievance committee" means a duly 1,225
constituted and organized committee of the Ohio state bar 1,226
association or of one or more local bar associations of the state 1,227
of Ohio that complies with the criteria set forth in Rule V, 1,228
section 6 of the Rules for the Government of the Bar of Ohio. 1,229
(V) "Professional license" means any license, permit, 1,231
certificate, registration, qualification, admission, temporary 1,232
license, temporary permit, temporary certificate, or temporary 1,233
registration that is described in divisions (W)(1) to (35) of 1,234
this section and that qualifies a person as a professionally 1,235
licensed person. 1,236
(W) "Professionally licensed person" means any of the 1,238
following: 1,239
30
(1) A person who has obtained a license as a manufacturer 1,241
of controlled substances or a wholesaler of controlled substances 1,242
under Chapter 3719. of the Revised Code; 1,243
(2) A person who has received a certificate or temporary 1,245
certificate as a certified public accountant or who has 1,246
registered as a public accountant under Chapter 4701. of the 1,247
Revised Code and who holds a live permit issued under that 1,248
chapter; 1,249
(3) A person who holds a certificate of qualification to 1,251
practice architecture issued or renewed and registered under 1,252
Chapter 4703. of the Revised Code; 1,253
(4) A person who is registered as a landscape architect 1,255
under Chapter 4703. of the Revised Code or who holds a permit as 1,256
a landscape architect issued under that chapter; 1,257
(5) A person licensed as an auctioneer or apprentice 1,259
auctioneer or licensed to operate an auction company under 1,260
Chapter 4707. of the Revised Code; 1,261
(6) A person who has been issued a certificate of 1,263
registration as a registered barber under Chapter 4709. of the 1,264
Revised Code; 1,265
(7) A person licensed and regulated to engage in the 1,267
business of a debt pooling company by a legislative authority, 1,268
under authority of Chapter 4710. of the Revised Code; 1,269
(8) A person who has been issued a cosmetologist's 1,271
license, manicurist's license, esthetician's license, managing 1,272
cosmetologist's license, managing manicurist's license, managing 1,273
esthetician's license, cosmetology instructor's license, 1,274
manicurist instructor's license, esthetician instructor's 1,275
license, or tanning facility permit under Chapter 4713. of the 1,276
Revised Code; 1,277
(9) A person who has been issued a license to practice 1,279
dentistry, a general anesthesia permit, a conscious intravenous 1,280
sedation permit, a limited resident's license, a limited teaching 1,281
license, a dental hygienist's license, or a dental hygienist's 1,282
31
teacher's certificate under Chapter 4715. of the Revised Code; 1,283
(10) A person who has been issued an embalmer's license, a 1,285
funeral director's license, or a funeral home license, or who has 1,286
been registered for a funeral director's apprenticeship under 1,287
Chapter 4717. of the Revised Code; 1,288
(11) A person who has been licensed as a registered nurse 1,290
or practical nurse, or who has been issued a certificate for the 1,291
practice of nurse-midwifery under Chapter 4723. of the Revised 1,292
Code; 1,293
(12) A person who has been licensed to practice optometry 1,295
or to engage in optical dispensing under Chapter 4725. of the 1,296
Revised Code; 1,297
(13) A person licensed to act as a pawnbroker under 1,299
Chapter 4727. of the Revised Code; 1,300
(14) A person licensed to act as a precious metals dealer 1,302
under Chapter 4728. of the Revised Code; 1,303
(15) A person registered LICENSED as a pharmacist, a 1,305
pharmacy PHARMACIST intern, a wholesale distributor of dangerous 1,307
drugs, or a terminal distributor of dangerous drugs under Chapter 1,308
4729. of the Revised Code; 1,309
(16) A person who is authorized to practice as a physician 1,311
assistant under Chapter 4730. of the Revised Code; 1,312
(17) A person who has been issued a certificate to 1,314
practice medicine and surgery, osteopathic medicine and surgery, 1,315
a limited branch of medicine or surgery, or podiatry under 1,316
Chapter 4731. of the Revised Code; 1,317
(18) A person licensed as a psychologist or school 1,319
psychologist under Chapter 4732. of the Revised Code; 1,320
(19) A person registered to practice the profession of 1,322
engineering or surveying under Chapter 4733. of the Revised Code; 1,323
(20) A person who has been issued a certificate to 1,325
practice chiropractic under Chapter 4734. of the Revised Code; 1,326
(21) A person licensed to act as a real estate broker, 1,328
real estate salesman, limited real estate broker, or limited real 1,329
32
estate salesman under Chapter 4735. of the Revised Code; 1,330
(22) A person registered as a registered sanitarian under 1,332
Chapter 4736. of the Revised Code; 1,333
(23) A person licensed to operate or maintain a junkyard 1,335
under Chapter 4737. of the Revised Code; 1,336
(24) A person who has been issued a motor vehicle salvage 1,338
dealer's license under Chapter 4738. of the Revised Code; 1,339
(25) A person who has been licensed to act as a steam 1,341
engineer under Chapter 4739. of the Revised Code; 1,342
(26) A person who has been issued a license or temporary 1,344
permit to practice veterinary medicine or any of its branches, or 1,345
who is registered as a graduate animal technician under Chapter 1,346
4741. of the Revised Code; 1,347
(27) A person who has been issued a hearing aid dealer's 1,349
or fitter's license or trainee permit under Chapter 4747. of the 1,350
Revised Code; 1,351
(28) A person who has been issued a class A, class B, or 1,353
class C license or who has been registered as an investigator or 1,354
security guard employee under Chapter 4749. of the Revised Code; 1,355
(29) A person licensed and registered to practice as a 1,357
nursing home administrator under Chapter 4751. of the Revised 1,358
Code; 1,359
(30) A person licensed to practice as a speech pathologist 1,361
or audiologist under Chapter 4753. of the Revised Code; 1,362
(31) A person issued a license as an occupational 1,364
therapist or physical therapist under Chapter 4755. of the 1,365
Revised Code; 1,366
(32) A person who is licensed as a professional clinical 1,368
counselor or professional counselor, licensed as a social worker 1,369
or independent social worker, or registered as a social work 1,370
assistant under Chapter 4757. of the Revised Code; 1,371
(33) A person issued a license to practice dietetics under 1,373
Chapter 4759. of the Revised Code; 1,374
(34) A person who has been issued a license or temporary 1,376
33
permit to practice respiratory therapy under Chapter 4761. of the 1,377
Revised Code; 1,378
(35) A person who has been issued a real estate appraiser 1,380
certificate under Chapter 4763. of the Revised Code. 1,381
(X) "Cocaine" means any of the following: 1,383
(1) A cocaine salt, isomer, or derivative, a salt of a 1,385
cocaine isomer or derivative, or the base form of cocaine; 1,386
(2) Coca leaves or a salt, compound, derivative, or 1,388
preparation of coca leaves, including ecgonine, a salt, isomer, 1,389
or derivative of ecgonine, or a salt of an isomer or derivative 1,390
of ecgonine; 1,391
(3) A salt, compound, derivative, or preparation of a 1,393
substance identified in division (X)(1) or (2) of this section 1,395
that is chemically equivalent to or identical with any of those 1,396
substances, except that the substances shall not include 1,397
decocainized coca leaves or extraction of coca leaves if the 1,398
extractions do not contain cocaine or ecgonine. 1,399
(Y) "L.S.D." means lysergic acid diethylamide. 1,402
(Z) "Hashish" means the resin or a preparation of the 1,404
resin contained in marihuana, whether in solid form or in a 1,405
liquid concentrate, liquid extract, or liquid distillate form. 1,406
(AA) "Marihuana" has the same meaning as in section 1,408
3719.01 of the Revised Code, except that it does not include 1,410
hashish.
(BB) An offense is "committed in the vicinity of a 1,412
juvenile" if the offender commits the offense within one hundred 1,414
feet of a juvenile or within the view of a juvenile, regardless 1,415
of whether the offender knows the age of the juvenile, whether 1,416
the offender knows the offense is being committed within one 1,417
hundred feet of or within view of the juvenile, or whether the 1,418
juvenile actually views the commission of the offense.
(CC) "Presumption for a prison term" or "presumption that 1,420
a prison term shall be imposed" means a presumption, as described 1,421
in division (D) of section 2929.13 of the Revised Code, that a 1,422
34
prison term is a necessary sanction for a felony in order to 1,423
comply with the purposes and principles of sentencing under 1,424
section 2929.11 of the Revised Code.
(DD) "Major drug offender" has the same meaning as in 1,426
section 2929.01 of the Revised Code. 1,427
(EE) "Minor drug possession offense" means either of the 1,429
following: 1,430
(1) A violation of section 2925.11 of the Revised Code as 1,432
it existed prior to July 1, 1996; 1,433
(2) A violation of section 2925.11 of the Revised Code as 1,435
it exists on and after July 1, 1996, this that is a misdemeanor 1,436
or a felony of the fifth degree. 1,437
(FF) "Mandatory prison term" has the same meaning as in 1,440
section 2929.01 of the Revised Code.
(GG) "Crack cocaine" means a compound, mixture, 1,442
preparation, or substance that is or contains any amount of 1,443
cocaine that is analytically identified as the base form of 1,444
cocaine or that is in a form that resembles rocks or pebbles 1,445
generally intended for individual use.
Sec. 2925.02. (A) No person shall knowingly do any of the 1,454
following: 1,455
(1) By force, threat, or deception, administer to another 1,457
or induce or cause another to use a controlled substance; 1,458
(2) By any means, administer or furnish to another or 1,460
induce or cause another to use a controlled substance with 1,461
purpose to cause serious physical harm to the other person, or 1,462
with purpose to cause the other person to become drug dependent; 1,463
(3) By any means, administer or furnish to another or 1,465
induce or cause another to use a controlled substance, and 1,466
thereby cause serious physical harm to the other person, or cause 1,467
the other person to become drug dependent; 1,468
(4) By any means, do any of the following: 1,470
(a) Furnish or administer a controlled substance to a 1,472
juvenile who is at least two years the offender's junior, when 1,474
35
the offender knows the age of the juvenile or is reckless in that 1,475
regard;
(b) Induce or cause a juvenile who is at least two years 1,477
the offender's junior to use a controlled substance, when the 1,479
offender knows the age of the juvenile or is reckless in that 1,480
regard;
(c) Induce or cause a juvenile who is at least two years 1,482
the offender's junior to commit a felony drug abuse offense, when 1,484
the offender knows the age of the juvenile or is reckless in that 1,485
regard; 1,486
(d) Use a juvenile, whether or not the offender knows the 1,488
age of the juvenile, to perform any surveillance activity that is 1,489
intended to prevent the detection of the offender or any other 1,490
person in the commission of a felony drug abuse offense or to 1,491
prevent the arrest of the offender or any other person for the 1,492
commission of a felony drug abuse offense. 1,493
(B) Division (A)(1), (3), or (4) of this section does not 1,495
apply to manufacturers, wholesalers, practitioners LICENSED 1,496
HEALTH PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS, pharmacists, 1,497
owners of pharmacies, and other persons whose conduct is in 1,498
accordance with Chapters 3719., 4715., 4729., 4731., and 4741. of 1,499
the Revised Code or section 4723.56 of the Revised Code. 1,500
(C) Whoever violates this section is guilty of corrupting 1,502
another with drugs. The penalty for the offense shall be 1,503
determined as follows: 1,504
(1) Except as otherwise provided in this division, if the 1,506
drug involved is any compound, mixture, preparation, or substance 1,508
included in schedule I or II, with the exception of marihuana, 1,509
corrupting another with drugs is a felony of the second degree, 1,510
and, subject to division (E) of this section, the court shall 1,511
impose as a mandatory prison term one of the prison terms 1,513
prescribed for a felony of the second degree. If the drug
involved is any compound, mixture, preparation, or substance 1,514
included in schedule I or II, with the exception of marihuana, 1,515
36
and if the offense was committed in the vicinity of a school, 1,516
corrupting another with drugs is a felony of the first degree, 1,517
and, subject to division (E) of this section, the court shall 1,518
impose as a mandatory prison term one of the prison terms 1,519
prescribed for a felony of the first degree.
(2) Except as otherwise provided in this division, if the 1,521
drug involved is any compound, mixture, preparation, or substance 1,522
included in schedule III, IV, or V, corrupting another with drugs 1,523
is a felony of the second degree, and there is a presumption for 1,524
a prison term for the offense. If the drug involved is any 1,525
compound, mixture, preparation, or substance included in schedule 1,526
III, IV, or V and if the offense was committed in the vicinity of 1,527
a school, corrupting another with drugs is a felony of the second 1,528
degree, and the court shall impose as a mandatory prison term one 1,529
of the prison terms prescribed for a felony of the second degree. 1,530
(3) Except as otherwise provided in this division, if the 1,532
drug involved is marihuana, corrupting another with drugs is a 1,534
felony of the fourth degree, and division (C) of section 2929.13 1,535
of the Revised Code applies in determining whether to impose a 1,536
prison term on the offender. If the drug involved in IS 1,537
marihuana and if the offense was committed in the vicinity of a
school, corrupting another with drugs is a felony of the third 1,539
degree, and division (C) of section 2929.13 of the Revised Code 1,540
applies in determining whether to impose a prison term on the 1,541
offender.
(D) In addition to any prison term authorized or required 1,543
by division (C) or (E) of this section and sections 2929.13 and 1,544
2929.14 of the Revised Code and in addition to any other sanction 1,545
imposed for the offense under this section or sections 2929.11 to 1,546
2929.18 of the Revised Code, the court that sentences an offender 1,548
who is convicted of or pleads guilty to a violation of division 1,549
(A) of this section or the clerk of that court shall do all of 1,550
the following that are applicable regarding the offender:
(1)(a) If the violation is a felony of the first, second, 1,553
37
or third degree, the court shall impose upon the offender the
mandatory fine specified for the offense under division (B)(1) of 1,554
section 2929.18 of the Revised Code unless, as specified in that 1,555
division, the court determines that the offender is indigent. 1,556
(b) Notwithstanding any contrary provision of section 1,558
3719.21 of the Revised Code, any mandatory fine imposed pursuant 1,560
to division (D)(1)(a) of this section and any fine imposed for a 1,561
violation of this section pursuant to division (A) of section 1,562
2929.18 of the Revised Code shall be paid by the clerk of the 1,563
court in accordance with and subject to the requirements of, and 1,564
shall be used as specified in, division (F) of section 2925.03 of 1,565
the Revised Code.
(c) If a person is charged with any violation of this 1,567
section that is a felony of the first, second, or third degree, 1,569
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 1,570
this section as if it were a fine imposed for a violation of this 1,572
section.
(2) The court either shall revoke or, if it does not 1,575
revoke, shall suspend for not less than six months or more than 1,576
five years, the driver's or commercial driver's license or permit 1,577
of any person who is convicted of or pleads guilty to a violation 1,578
of this section that is a felony of the first degree and shall 1,579
suspend for not less than six months nor more than five years the 1,580
driver's or commercial driver's license or permit of any person 1,581
who is convicted of or pleads guilty to any other violation of 1,582
this section. If an offender's driver's or commercial driver's 1,583
license or permit is revoked pursuant to this division, the 1,584
offender, at any time after the expiration of two years from the 1,585
day on which the offender's sentence was imposed or from the day 1,586
on which the offender finally was released from a prison term 1,587
under the sentence, whichever is later, may file a motion with 1,588
the sentencing court requesting termination of the revocation. 1,589
Upon the filing of the motion and the court's finding of good 1,591
38
cause for the termination, the court may terminate the 1,592
revocation.
(3) If the offender is a professionally licensed person or 1,594
a person who has been admitted to the bar by order of the supreme 1,595
court in compliance with its prescribed and published rules, in 1,596
addition to any other sanction imposed for a violation of this 1,597
section, the court forthwith shall comply with section 2925.38 of 1,598
the Revised Code. 1,599
(E) Notwithstanding the prison term otherwise authorized 1,601
or required for the offense under division (C) of this section 1,602
and sections 2929.13 and 2929.14 of the Revised Code, if the 1,603
violation of division (A) of this section involves the sale, 1,605
offer to sell, or possession of a schedule I or II controlled 1,607
substance, with the exception of marihuana, and if the offender, 1,609
as a result of the violation, is a major drug offender, the 1,611
court, in lieu of the prison term that otherwise is authorized or 1,612
required, shall impose upon the offender the mandatory prison 1,613
term specified in division (D)(3)(a) of section 2929.14 of the 1,614
Revised Code and may impose an additional prison term under 1,615
division (D)(3)(b) of that section. 1,616
Sec. 2925.03. (A) No person shall knowingly sell or offer 1,625
to sell a controlled substance. 1,626
(B) This section does not apply to any of the following: 1,628
(1) Manufacturers, practitioners LICENSED HEALTH 1,630
PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS, pharmacists, owners 1,631
of pharmacies, and other persons whose conduct is in accordance 1,632
with Chapters 3719., 4715., 4729., 4731., and 4741. or section 1,635
4723.56 of the Revised Code.;
(2) If the offense involves an anabolic steroid, any 1,637
person who is conducting or participating in a research project 1,638
involving the use of an anabolic steroid if the project has been 1,639
approved by the United States food and drug administration; 1,640
(3) Any person who sells, offers for sale, prescribes, 1,642
dispenses, or administers for livestock or other nonhuman species 1,643
39
an anabolic steroid that is expressly intended for administration 1,644
through implants to livestock or other nonhuman species and 1,645
approved for that purpose under the "Federal Food, Drug, and 1,646
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 1,647
and is sold, offered for sale, prescribed, dispensed, or 1,648
administered for that purpose in accordance with that act. 1,649
(C) Whoever violates division (A) of this section is 1,651
guilty of one of the following: 1,652
(1) If the drug involved in the violation is any compound, 1,655
mixture, preparation, or substance included in schedule I or 1,656
schedule II, with the exception of marihuana, cocaine, L.S.D., 1,657
heroin, and hashish, whoever violates division (A) of this 1,659
section is guilty of aggravated trafficking in drugs. The 1,660
penalty for the offense shall be determined as follows: 1,661
(a) Except as otherwise provided in division (C)(1)(b), 1,664
(c), (d), (e), or (f) of this section, aggravated trafficking in 1,665
drugs is a felony of the fourth degree, and division (C) of 1,667
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 1,669
(b) Except as otherwise provided in division (C)(1)(c), 1,672
(d), (e), or (f) of this section, if the offense was committed in 1,673
the vicinity of a school or in the vicinity of a juvenile, 1,674
aggravated trafficking in drugs is a felony of the third degree, 1,675
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 1,676
(c) Except as otherwise provided in this division, if the 1,678
amount of the drug involved exceeds the bulk amount but does not 1,680
exceed five times the bulk amount, aggravated trafficking in 1,681
drugs is a felony of the third degree, and the court shall impose 1,682
as a mandatory prison term one of the prison terms prescribed for 1,683
a felony of the third degree. If the amount of the drug involved 1,684
is within that range and if the offense was committed in the 1,685
vicinity of a school or in the vicinity of a juvenile, aggravated 1,686
trafficking in drugs is a felony of the second degree, and the 1,687
40
court shall impose as a mandatory prison term one of the prison 1,688
terms prescribed for a felony of the second degree. 1,689
(d) Except as otherwise provided in this division, if the 1,691
amount of the drug involved exceeds five times the bulk amount 1,693
but does not exceed fifty times the bulk amount, aggravated 1,694
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison 1,695
terms prescribed for a felony of the second degree. If the 1,696
amount of the drug involved is within that range and if the 1,697
offense was committed in the vicinity of a school or in the 1,698
vicinity of a juvenile, aggravated trafficking in drugs is a 1,699
felony of the first degree, and the court shall impose as a 1,700
mandatory prison term one of the prison terms prescribed for a 1,701
felony of the first degree. 1,702
(e) If the amount of the drug involved exceeds fifty times 1,705
the bulk amount but does not exceed one hundred times the bulk 1,706
amount and regardless of whether the offense was committed in the 1,707
vicinity of a school or in the vicinity of a juvenile, aggravated 1,708
trafficking in drugs is a felony of the first degree, and the 1,709
court shall impose as a mandatory prison term one of the prison 1,710
terms prescribed for a felony of the first degree. 1,711
(f) If the amount of the drug involved exceeds one hundred 1,714
times the bulk amount and regardless of whether the offense was 1,715
committed in the vicinity of a school or in the vicinity of a 1,716
juvenile, aggravated trafficking in drugs is a felony of the 1,717
first degree, and the court shall impose as a mandatory prison 1,718
term the maximum prison term prescribed for a felony of the first 1,719
degree and may impose an additional prison term prescribed for a 1,720
major drug offender under division (D)(3)(b) of section 2929.14 1,721
of the Revised Code. 1,722
(2) If the drug involved in the violation is any compound, 1,725
mixture, preparation, or substance included in schedule III, IV, 1,726
or V, whoever violates division (A) of this section is guilty of 1,727
trafficking in drugs. The penalty for the offense shall be 1,728
41
determined as follows: 1,729
(a) Except as otherwise provided in division (C)(2)(b), 1,732
(c), (d), or (e) of this section, trafficking in drugs is a 1,734
felony of the fifth degree, and division (C) of section 2929.13 1,735
of the Revised Code applies in determining whether to impose a 1,736
prison term on the offender.
(b) Except as otherwise provided in division (C)(2)(c), 1,739
(d), or (e) of this section, if the offense was committed in the 1,740
vicinity of a school or in the vicinity of a juvenile, 1,741
trafficking in drugs is a felony of the fourth degree, and 1,742
division (C) of section 2929.13 of the Revised Code applies in 1,743
determining whether to impose a prison term on the offender. 1,745
(c) Except as otherwise provided in this division, if the 1,747
amount of the drug involved exceeds the bulk amount but does not 1,749
exceed five times the bulk amount, trafficking in drugs is a 1,750
felony of the fourth degree, and there is a presumption for a 1,751
prison term for the offense. If the amount of the drug involved 1,752
is within that range and if the offense was committed in the 1,753
vicinity of a school or in the vicinity of a juvenile, 1,754
trafficking in drugs is a felony of the third degree, and there 1,755
is a presumption for a prison term for the offense. 1,756
(d) Except as otherwise provided in this division, if the 1,758
amount of the drug involved exceeds five times the bulk amount 1,760
but does not exceed fifty times the bulk amount, trafficking in 1,761
drugs is a felony of the third degree, and there is a presumption 1,762
for a prison term for the offense. If the amount of the drug 1,763
involved is within that range and if the offense was committed in 1,764
the vicinity of a school or in the vicinity of a juvenile, 1,765
trafficking in drugs is a felony of the second degree, and there 1,766
is a presumption for a prison term for the offense. 1,767
(e) Except as otherwise provided in this division, if the 1,769
amount of the drug involved exceeds fifty times the bulk amount, 1,771
trafficking in drugs is a felony of the second degree, and the 1,772
court shall impose as a mandatory prison term one of the prison 1,773
42
terms prescribed for a felony of the second degree. If the 1,774
amount of the drug involved exceeds fifty times the bulk amount 1,775
and if the offense was committed in the vicinity of a school or 1,776
in the vicinity of a juvenile, trafficking in drugs is a felony 1,777
of the first degree, and the court shall impose as a mandatory 1,778
prison term one of the prison terms prescribed for a felony of 1,779
the first degree. 1,780
(3) If the drug involved in the violation is marihuana or 1,782
a compound, mixture, preparation, or substance containing 1,783
marihuana other than hashish, whoever violates division (A) of 1,785
this section is guilty of trafficking in marihuana. The penalty 1,786
for the offense shall be determined as follows: 1,787
(a) Except as otherwise provided in division (C)(3)(b), 1,790
(c), (d), (e), (f), or (g) of this section, trafficking in 1,791
marihuana is a felony of the fifth degree, and division (C) of 1,794
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 1,795
(b) Except as otherwise provided in division (C)(3)(c), 1,798
(d), (e), (f), or (g) of this section, if the offense was 1,800
committed in the vicinity of a school or in the vicinity of a 1,801
juvenile, trafficking in marihuana is a felony of the fourth 1,802
degree, and division (C) of section 2929.13 of the Revised Code 1,803
applies in determining whether to impose a prison term on the 1,804
offender.
(c) Except as otherwise provided in this division, if the 1,806
amount of the drug involved exceeds two hundred grams but does 1,808
not exceed one thousand grams, trafficking in marihuana is a 1,809
felony of the fourth degree, and division (C) of section 2929.13 1,810
of the Revised Code applies in determining whether to impose a 1,812
prison term on the offender. If the amount of the drug involved 1,813
is within that range and if the offense was committed in the 1,814
vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the third degree, and 1,815
division (C) of section 2929.13 of the Revised Code applies in 1,816
43
determining whether to impose a prison term on the offender. 1,817
(d) Except as otherwise provided in this division, if the 1,819
amount of the drug involved exceeds one thousand grams but does 1,821
not exceed five thousand grams, trafficking in marihuana is a 1,822
felony of the third degree, and division (C) of section 2929.13 1,823
of the Revised Code applies in determining whether to impose a 1,824
prison term on the offender. If the amount of the drug involved 1,825
is within that range and if the offense was committed in the 1,826
vicinity of a school or in the vicinity of a juvenile, 1,827
trafficking in marihuana is a felony of the second degree, and 1,828
there is a presumption that a prison term shall be imposed for 1,829
the offense.
(e) Except as otherwise provided in this division, if the 1,831
amount of the drug involved exceeds five thousand grams but does 1,833
not exceed twenty thousand grams, trafficking in marihuana is a 1,834
felony of the third degree, and there is a presumption that a 1,835
prison term shall be imposed for the offense. If the amount of 1,836
the drug involved is within that range and if the offense was 1,837
committed in the vicinity of a school or in the vicinity of a 1,838
juvenile, trafficking in marihuana is a felony of the second 1,839
degree, and there is a presumption that a prison term shall be 1,840
imposed for the offense. 1,841
(f) Except as otherwise provided in this division, if the 1,843
amount of the drug involved exceeds twenty thousand grams, 1,845
trafficking in marihuana is a felony of the second degree, and 1,846
the court shall impose as a mandatory prison term the maximum 1,847
prison term prescribed for a felony of the second degree. If the 1,848
amount of the drug involved exceeds twenty thousand grams and if 1,849
the offense was committed in the vicinity of a school or in the 1,850
vicinity of a juvenile, trafficking in marihuana is a felony of 1,851
the first degree, and the court shall impose as a mandatory 1,852
prison term the maximum prison term prescribed for a felony of 1,853
the first degree. 1,854
(g) Except as otherwise provided in this division, if the 1,857
44
offense involves a gift of twenty grams or less of marihuana, 1,858
trafficking in marihuana is a minor misdemeanor upon a first 1,859
offense and a misdemeanor of the third degree upon a subsequent 1,860
offense. If the offense involves a gift of twenty grams or less 1,861
of marihuana and if the offense was committed in the vicinity of 1,862
a school or in the vicinity of a juvenile, trafficking in 1,863
marihuana is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a 1,865
compound, mixture, preparation, or substance containing cocaine, 1,866
whoever violates division (A) of this section is guilty of 1,868
trafficking in cocaine. The penalty for the offense shall be
determined as follows: 1,869
(a) Except as otherwise provided in division (C)(4)(b), 1,872
(c), (d), (e), (f), or (g) of this section, trafficking in 1,873
cocaine is a felony of the fifth degree, and division (C) of 1,875
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 1,877
(b) Except as otherwise provided in division (C)(4)(c), 1,880
(d), (e), (f), or (g) of this section, if the offense was 1,881
committed in the vicinity of a school or in the vicinity of a 1,883
juvenile, trafficking in cocaine is a felony of the fourth 1,884
degree, and division (C) of section 2929.13 of the Revised Code 1,885
applies in determining whether to impose a prison term on the 1,887
offender.
(c) Except as otherwise provided in this division, if the 1,889
amount of the drug involved exceeds five grams but does not 1,890
exceed ten grams of cocaine that is not crack cocaine or exceeds 1,892
one gram but does not exceed five grams of crack cocaine, 1,894
trafficking in cocaine is a felony of the fourth degree, and 1,895
there is a presumption for a prison term for the offense. If the 1,896
amount of the drug involved is within one of those ranges and if 1,897
the offense was committed in the vicinity of a school or in the 1,898
vicinity of a juvenile, trafficking in cocaine is a felony of the 1,899
third degree, and there is a presumption for a prison term for 1,900
45
the offense.
(d) Except as otherwise provided in this division, if the 1,902
amount of the drug involved exceeds ten grams but does not exceed 1,903
one hundred grams of cocaine that is not crack cocaine or exceeds 1,905
five grams but does not exceed ten grams of crack cocaine, 1,906
trafficking in cocaine is a felony of the third degree, and the 1,907
court shall impose as a mandatory prison term one of the prison 1,908
terms prescribed for a felony of the third degree. If the amount 1,909
of the drug involved is within one of those ranges and if the 1,910
offense was committed in the vicinity of a school or in the 1,912
vicinity of a juvenile, trafficking in cocaine is a felony of the 1,915
second degree, and the court shall impose as a mandatory prison 1,916
term one of the prison terms prescribed for a felony of the 1,917
second degree.
(e) Except as otherwise provided in this division, if the 1,919
amount of the drug involved exceeds one hundred grams but does 1,920
not exceed five hundred grams of cocaine that is not crack 1,921
cocaine or exceeds ten grams but does not exceed twenty-five 1,923
grams of crack cocaine, trafficking in cocaine is a felony of the 1,925
second degree, and the court shall impose as a mandatory prison 1,926
term one of the prison terms prescribed for a felony of the 1,927
second degree. If the amount of the drug involved is within one 1,928
of those ranges and if the offense was committed in the vicinity 1,929
of a school or in the vicinity of a juvenile, trafficking in 1,931
cocaine is a felony of the first degree, and the court shall 1,933
impose as a mandatory prison term one of the prison terms 1,934
prescribed for a felony of the first degree. 1,935
(f) If the amount of the drug involved exceeds five 1,938
hundred grams but does not exceed one thousand grams of cocaine 1,939
that is not crack cocaine or exceeds twenty-five grams but does 1,940
not exceed one hundred grams of crack cocaine and regardless of 1,941
whether the offense was committed in the vicinity of a school or 1,942
in the vicinity of a juvenile, trafficking in cocaine is a felony 1,945
of the first degree, and the court shall impose as a mandatory 1,946
46
prison term one of the prison terms prescribed for a felony of 1,947
the first degree.
(g) If the amount of the drug involved exceeds one 1,950
thousand grams of cocaine that is not crack cocaine or exceeds 1,951
one hundred grams of crack cocaine and regardless of whether the 1,953
offense was committed in the vicinity of a school or in the 1,954
vicinity of a juvenile, trafficking in cocaine is a felony of the 1,955
first degree, and the court shall impose as a mandatory prison 1,956
term the maximum prison term prescribed for a felony of the first 1,957
degree and may impose an additional mandatory prison term 1,958
prescribed for a major drug offender under division (D)(3)(b) of 1,960
section 2929.14 of the Revised Code.
(5) If the drug involved in the violation is L.S.D. or a 1,963
compound, mixture, preparation, or substance containing L.S.D., 1,964
whoever violates division (A) of this section is guilty of 1,965
trafficking in L.S.D. The penalty for the offense shall be 1,967
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 1,970
(c), (d), (e), (f), or (g) of this section, trafficking in L.S.D. 1,972
is a felony of the fifth degree, and division (C) of section 1,973
2929.13 of the Revised Code applies in determining whether to 1,975
impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(5)(c), 1,978
(d), (e), (f), or (g) of this section, if the offense was 1,979
committed in the vicinity of a school or in the vicinity of a 1,980
juvenile, trafficking in L.S.D. is a felony of the fourth degree, 1,982
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 1,983
(c) Except as otherwise provided in this division, if the 1,985
amount of the drug involved exceeds ten unit doses but does not 1,987
exceed fifty unit doses of L.S.D. in a solid form or exceeds one 1,988
gram but does not exceed five grams of L.S.D. in a liquid 1,990
concentrate, liquid extract, or liquid distillate form, 1,992
trafficking in L.S.D. is a felony of the fourth degree, and there 1,995
47
is a presumption for a prison term for the offense. If the 1,996
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the 1,997
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 1,999
third degree, and there is a presumption for a prison term for 2,000
the offense.
(d) Except as otherwise provided in this division, if the 2,002
amount of the drug involved exceeds fifty unit doses but does not 2,004
exceed two hundred fifty unit doses of L.S.D. in a solid form or 2,005
exceeds five grams but does not exceed twenty-five grams of 2,007
L.S.D. in a liquid concentrate, liquid extract, or liquid 2,009
distillate form, trafficking in L.S.D. is a felony of the third 2,012
degree, and the court shall impose as a mandatory prison term one 2,013
of the prison terms prescribed for a felony of the third degree. 2,014
If the amount of the drug involved is within that range and if 2,015
the offense was committed in the vicinity of a school or in the 2,016
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 2,018
second degree, and the court shall impose as a mandatory prison 2,019
term one of the prison terms prescribed for a felony of the 2,020
second degree.
(e) Except as otherwise provided in this division, if the 2,022
amount of the drug involved exceeds two hundred fifty unit doses 2,024
but does not exceed one thousand unit doses of L.S.D. in a solid 2,026
form or exceeds twenty-five grams but does not exceed one hundred 2,028
grams of L.S.D. in a liquid concentrate, liquid extract, or 2,030
liquid distillate form, trafficking in L.S.D. is a felony of the 2,032
second degree, and the court shall impose as a mandatory prison 2,033
term one of the prison terms prescribed for a felony of the 2,034
second degree. If the amount of the drug involved is within that 2,035
range and if the offense was committed in the vicinity of a 2,036
school or in the vicinity of a juvenile, trafficking in L.S.D. is 2,038
a felony of the first degree, and the court shall impose as a 2,039
mandatory prison term one of the prison terms prescribed for a 2,040
felony of the first degree.
48
(f) If the amount of the drug involved exceeds one 2,043
thousand unit doses but does not exceed five thousand unit doses 2,044
of L.S.D. in a solid form or exceeds one hundred grams but does 2,047
not exceed five hundred grams of L.S.D. in a liquid concentrate, 2,049
liquid extract, or liquid distillate form and regardless of 2,050
whether the offense was committed in the vicinity of a school or 2,051
in the vicinity of a juvenile, trafficking in L.S.D. is a felony 2,052
of the first degree, and the court shall impose as a mandatory 2,053
prison term one of the prison terms prescribed for a felony of 2,054
the first degree. 2,055
(g) If the amount of the drug involved exceeds five 2,058
thousand unit doses of L.S.D. in a solid form or exceeds five 2,059
hundred grams of L.S.D. in a liquid concentrate, liquid extract, 2,061
or liquid distillate form and regardless of whether the offense 2,064
was committed in the vicinity of a school or in the vicinity of a 2,065
juvenile, trafficking in L.S.D. is a felony of the first degree, 2,068
and the court shall impose as a mandatory prison term the maximum 2,069
prison term prescribed for a felony of the first degree and may 2,070
impose an additional mandatory prison term prescribed for a major 2,071
drug offender under division (D)(3)(b) of section 2929.14 of the 2,073
Revised Code.
(6) If the drug involved in the violation is heroin or a 2,075
compound, mixture, preparation, or substance containing heroin, 2,076
whoever violates division (A) of this section is guilty of 2,078
trafficking in heroin. The penalty for the offense shall be
determined as follows: 2,079
(a) Except as otherwise provided in division (C)(6)(b), 2,082
(c), (d), (e), (f), or (g) of this section, trafficking in heroin 2,084
is a felony of the fifth degree, and division (C) of section 2,085
2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender. 2,087
(b) Except as otherwise provided in division (C)(6)(c), 2,090
(d), (e), (f), or (g) of this section, if the offense was 2,091
committed in the vicinity of a school or in the vicinity of a 2,094
49
juvenile, trafficking in heroin is a felony of the fourth degree, 2,095
and division (C) of section 2929.13 of the Revised Code applies 2,097
in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the 2,099
amount of the drug involved exceeds one gram but does not exceed 2,101
five grams, trafficking in heroin is a felony of the fourth 2,102
degree, and there is a presumption for a prison term for the 2,103
offense. If the amount of the drug involved is within that range 2,104
and if the offense was committed in the vicinity of a school or 2,105
in the vicinity of a juvenile, trafficking in heroin is a felony 2,106
of the third degree, and there is a presumption for a prison term 2,107
for the offense. 2,108
(d) Except as otherwise provided in this division, if the 2,110
amount of the drug involved exceeds five grams but does not 2,112
exceed ten grams, trafficking in heroin is a felony of the third 2,113
degree, and there is a presumption for a prison term for the 2,114
offense. If the amount of the drug involved is within that range 2,115
and if the offense was committed in the vicinity of a school or 2,116
in the vicinity of a juvenile, trafficking in heroin is a felony 2,117
of the second degree, and there is a presumption for a prison 2,118
term for the offense. 2,119
(e) Except as otherwise provided in this division, if the 2,121
amount of the drug involved exceeds ten grams but does not exceed 2,123
fifty grams, trafficking in heroin is a felony of the second 2,124
degree, and the court shall impose as a mandatory prison term one 2,125
of the prison terms prescribed for a felony of the second degree. 2,126
If the amount of the drug involved is within that range and if 2,127
the offense was committed in the vicinity of a school or in the 2,128
vicinity of a juvenile, trafficking in heroin is a felony of the 2,129
first degree, and the court shall impose as a mandatory prison 2,130
term one of the prison terms prescribed for a felony of the first 2,131
degree. 2,132
(f) If the amount of the drug involved exceeds fifty grams 2,135
but does not exceed two hundred fifty grams and regardless of
50
whether the offense was committed in the vicinity of a school or 2,136
in the vicinity of a juvenile, trafficking in heroin is a felony 2,138
of the first degree, and the court shall impose as a mandatory 2,139
prison term one of the prison terms prescribed for a felony of 2,140
the first degree.
(g) If the amount of the drug involved exceeds two hundred 2,143
fifty grams and regardless of whether the offense was committed
in the vicinity of a school or in the vicinity of a juvenile, 2,144
trafficking in heroin is a felony of the first degree, and the 2,147
court shall impose as a mandatory prison term the maximum prison 2,148
term prescribed for a felony of the first degree and may impose 2,149
an additional mandatory prison term prescribed for a major drug 2,150
offender under division (D)(3)(b) of section 2929.14 of the 2,151
Revised Code. 2,152
(7) If the drug involved in the violation is hashish or a 2,154
compound, mixture, preparation, or substance containing hashish, 2,155
whoever violates division (A) of this section is guilty of 2,157
trafficking in hashish. The penalty for the offense shall be
determined as follows: 2,158
(a) Except as otherwise provided in division (C)(7)(b), 2,161
(c), (d), (e), or (f) of this section, trafficking in hashish is 2,163
a felony of the fifth degree, and division (C) of section 2929.13 2,164
of the Revised Code applies in determining whether to impose a 2,166
prison term on the offender.
(b) Except as otherwise provided in division (C)(7)(c), 2,169
(d), (e), or (f) of this section, if the offense was committed in 2,170
the vicinity of a school or in the vicinity of a juvenile, 2,172
trafficking in hashish is a felony of the fourth degree, and 2,173
division (C) of section 2929.13 of the Revised Code applies in 2,174
determining whether to impose a prison term on the offender. 2,175
(c) Except as otherwise provided in this division, if the 2,177
amount of the drug involved exceeds ten grams but does not exceed 2,178
fifty grams of hashish in a solid form or exceeds two grams but 2,179
does not exceed ten grams of hashish in a liquid concentrate, 2,180
51
liquid extract, or liquid distillate form, trafficking in hashish 2,181
is a felony of the fourth degree, and division (C) of section 2,182
2929.13 of the Revised Code applies in determining whether to 2,183
impose a prison term on the offender. If the amount of the drug 2,184
involved is within that range and if the offense was committed in 2,185
the vicinity of a school or in the vicinity of a juvenile, 2,186
trafficking in hashish is a felony of the third degree, and 2,187
division (C) of section 2929.13 of the Revised Code applies in 2,188
determining whether to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the 2,190
amount of the drug involved exceeds fifty grams but does not 2,191
exceed two hundred fifty grams of hashish in a solid form or 2,192
exceeds ten grams but does not exceed fifty grams of hashish in a 2,193
liquid concentrate, liquid extract, or liquid distillate form, 2,194
trafficking in hashish is a felony of the third degree, and 2,196
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If 2,197
the amount of the drug involved is within that range and if the 2,199
offense was committed in the vicinity of a school or in the 2,200
vicinity of a juvenile, trafficking in hashish is a felony of the 2,201
second degree, and there is a presumption that a prison term 2,202
shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the 2,204
amount of the drug involved exceeds two hundred fifty grams but 2,205
does not exceed one thousand grams of hashish in a solid form or 2,206
exceeds fifty grams but does not exceed two hundred grams of 2,207
hashish in a liquid concentrate, liquid extract, or liquid 2,209
distillate form, trafficking in hashish is a felony of the third 2,210
degree, and there is a presumption that a prison term shall be
imposed for the offense. If the amount of the drug involved is 2,211
within that range and if the offense was committed in the 2,212
vicinity of a school or in the vicinity of a juvenile, 2,213
trafficking in hashish is a felony of the second degree, and 2,214
there is a presumption that a prison term shall be imposed for 2,215
52
the offense.
(f) Except as otherwise provided in this division, if the 2,217
amount of the drug involved exceeds one thousand grams of hashish 2,219
in a solid form or exceeds two hundred grams of hashish in a 2,220
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the second degree, and the 2,222
court shall impose as a mandatory prison term the maximum prison 2,223
term prescribed for a felony of the second degree. If the amount 2,224
of the drug involved exceeds one thousand grams of hashish in a 2,226
solid form or exceeds two hundred grams of hashish in a liquid 2,227
concentrate, liquid extract, or liquid distillate form and if the 2,228
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in hashish is a felony of the 2,230
first degree, and the court shall impose as a mandatory prison 2,231
term the maximum prison term prescribed for a felony of the first 2,232
degree.
(D) In addition to any prison term authorized or required 2,235
by division (C) of this section and sections 2929.13 and 2929.14 2,236
of the Revised Code, and in addition to any other sanction 2,237
imposed for the offense under this section or sections 2929.11 to 2,238
2929.18 of the Revised Code, the court that sentences an offender 2,239
who is convicted of or pleads guilty to a violation of division 2,240
(A) of this section shall do all of the following that are 2,242
applicable regarding the offender:
(1) If the violation of division (A) of this section is a 2,245
felony of the first, second, or third degree, the court shall 2,246
impose upon the offender the mandatory fine specified for the 2,247
offense under division (B)(1) of section 2929.18 of the Revised 2,248
Code unless, as specified in that division, the court determines 2,249
that the offender is indigent. Except as otherwise provided in 2,250
division (H)(1) of this section, a mandatory fine or any other 2,251
fine imposed for a violation of this section is subject to 2,252
division (F) of this section. If a person is charged with a 2,253
violation of this section that is a felony of the first, second, 2,254
53
or third degree, posts bail, and forfeits the bail, the clerk of 2,255
the court shall pay the forfeited bail pursuant to divisions 2,257
(D)(1) and (F) of this section, as if the forfeited bail was a 2,258
fine imposed for a violation of this section. If any amount of 2,259
the forfeited bail remains after that payment and if a fine is 2,260
imposed under division (H)(1) of this section, the clerk of the 2,261
court shall pay the remaining amount of the forfeited bail 2,262
pursuant to divisions (H)(2) and (3) of this section, as if that 2,263
remaining amount was a fine imposed under division (H)(1) of this
section. 2,264
(2) The court shall revoke or suspend the driver's or 2,266
commercial driver's license or permit of the offender in 2,267
accordance with division (G) of this section. 2,268
(3) If the offender is a professionally licensed person or 2,271
a person who has been admitted to the bar by order of the supreme 2,272
court in compliance with its prescribed and published rules, the 2,273
court forthwith shall comply with section 2925.38 of the Revised 2,274
Code.
(E) When a person is charged with the sale of or offer to 2,277
sell a bulk amount or a multiple of a bulk amount of a controlled 2,278
substance, the jury, or the court trying the accused, shall 2,280
determine the amount of the controlled substance involved at the 2,281
time of the offense and, if a guilty verdict is returned, shall 2,282
return the findings as part of the verdict. In any such case, it 2,283
is unnecessary to find and return the exact amount of the 2,284
controlled substance involved, and it is sufficient if the
finding and return is to the effect that the amount of the 2,285
controlled substance involved is the requisite amount, or that 2,287
the amount of the controlled substance involved is less than the 2,288
requisite amount. 2,289
(F)(1) Notwithstanding any contrary provision of section 2,292
3719.21 of the Revised Code and except as provided in division 2,293
(H) of this section, the clerk of the court shall pay any 2,294
mandatory fine imposed pursuant to division (D)(1) of this 2,297
54
section and any fine other than a mandatory fine that is imposed 2,298
for a violation of this section pursuant to division (A) or 2,299
(B)(5) of section 2929.18 of the Revised Code to the county, 2,301
township, municipal corporation, park district, as created 2,302
pursuant to section 511.18 or 1545.04 of the Revised Code, or 2,303
state law enforcement agencies in this state that primarily were 2,304
responsible for or involved in making the arrest of, and in 2,305
prosecuting, the offender. However, the clerk shall not pay a 2,306
mandatory fine so imposed to a law enforcement agency unless the 2,307
agency has adopted a written internal control policy under 2,308
division (F)(2) of this section that addresses the use of the 2,310
fine moneys that it receives. Each agency shall use the 2,312
mandatory fines so paid to subsidize the agency's law enforcement
efforts that pertain to drug offenses, in accordance with the 2,314
written internal control policy adopted by the recipient agency 2,315
under division (F)(2) of this section. 2,316
(2)(a) Prior to receiving any fine moneys under division 2,318
(F)(1) of this section or division (B)(5) of section 2925.42 of 2,321
the Revised Code, a law enforcement agency shall adopt a written 2,322
internal control policy that addresses the agency's use and 2,323
disposition of all fine moneys so received and that provides for 2,324
the keeping of detailed financial records of the receipts of 2,325
those fine moneys, the general types of expenditures made out of 2,326
those fine moneys, and the specific amount of each general type 2,327
of expenditure. The policy shall not provide for or permit the 2,328
identification of any specific expenditure that is made in an 2,329
ongoing investigation. All financial records of the receipts of 2,330
those fine moneys, the general types of expenditures made out of 2,331
those fine moneys, and the specific amount of each general type 2,332
of expenditure by an agency are public records open for 2,333
inspection under section 149.43 of the Revised Code. 2,334
Additionally, a written internal control policy adopted under 2,335
this division is such a public record, and the agency that 2,336
adopted it shall comply with it. 2,337
55
(b) Each law enforcement agency that receives in any 2,339
calendar year any fine moneys under division (F)(1) of this 2,340
section or division (B)(5) of section 2925.42 of the Revised Code 2,341
shall prepare a report covering the calendar year that cumulates 2,342
all of the information contained in all of the public financial 2,343
records kept by the agency pursuant to division (F)(2)(a) of this 2,345
section for that calendar year, and shall send a copy of the 2,346
cumulative report, no later than the first day of March in the 2,347
calendar year following the calendar year covered by the report, 2,348
to the attorney general. Each report received by the attorney 2,349
general is a public record open for inspection under section 2,350
149.43 of the Revised Code. The attorney general shall make 2,351
copies of each report received, and, no later than the fifteenth 2,352
day of April in the calendar year in which the report is 2,353
received, shall send a copy of it to the president of the senate 2,354
and the speaker of the house of representatives. 2,355
(3) As used in division (F) of this section: 2,358
(a) "Law enforcement agencies" includes, but is not 2,360
limited to, the state board of pharmacy and the office of a 2,361
prosecutor. 2,362
(b) "Prosecutor" has the same meaning as in section 2,364
2935.01 of the Revised Code. 2,365
(G) When required under division (D)(2) of this section, 2,369
the court either shall revoke or, if it does not revoke, shall 2,370
suspend for not less than six months or more than five years, the 2,371
driver's or commercial driver's license or permit of any person 2,373
who is convicted of or pleads guilty to a violation of this 2,375
section that is a felony of the first degree and shall suspend 2,376
for not less than six months or more than five years the driver's 2,378
or commercial driver's license or permit of any person who is 2,380
convicted of or pleads guilty to any other violation of this 2,381
section. If an offender's driver's or commercial driver's 2,382
license or permit is revoked pursuant to this division, the 2,384
offender, at any time after the expiration of two years from the 2,385
56
day on which the offender's sentence was imposed or from the day 2,386
on which the offender finally was released from a prison term 2,389
under the sentence, whichever is later, may file a motion with 2,390
the sentencing court requesting termination of the revocation; 2,391
upon the filing of such a motion and the court's finding of good 2,392
cause for the termination, the court may terminate the 2,393
revocation.
(H)(1) In addition to any prison term authorized or 2,396
required by division (C) of this section and sections 2929.13 and 2,397
2929.14 of the Revised Code, in addition to any other penalty or 2,399
sanction imposed for the offense under this section or sections 2,400
2929.11 to 2929.181 of the Revised Code, and in addition to the 2,401
forfeiture of property in connection with the offense as 2,402
prescribed in sections 2925.42 to 2925.45 of the Revised Code, 2,404
the court that sentences an offender who is convicted of or 2,405
pleads guilty to a violation of division (A) of this section may 2,406
impose upon the offender an additional fine specified for the 2,407
offense in division (B)(4) of section 2929.18 of the Revised 2,409
Code. A fine imposed under division (H)(1) of this section is 2,411
not subject to division (F) of this section and shall be used 2,412
solely for the support of one or more eligible alcohol and drug 2,413
addiction programs in accordance with divisions (H)(2) and (3) of 2,414
this section.
(2) The court that imposes a fine under division (H)(1) of 2,417
this section shall specify in the judgment that imposes the fine 2,418
one or more eligible alcohol and drug addiction programs for the 2,419
support of which the fine money is to be used. No alcohol and 2,420
drug addiction program shall receive or use money paid or 2,421
collected in satisfaction of a fine imposed under division (H)(1) 2,423
of this section unless the program is specified in the judgment 2,424
that imposes the fine. No alcohol and drug addiction program 2,425
shall be specified in the judgment unless the program is an 2,426
eligible alcohol and drug addiction program and, except as 2,427
otherwise provided in division (H)(2) of this section, unless the 2,429
57
program is located in the county in which the court that imposes 2,430
the fine is located or in a county that is immediately contiguous 2,431
to the county in which that court is located. If no eligible 2,432
alcohol and drug addiction program is located in any of those 2,433
counties, the judgment may specify an eligible alcohol and drug 2,434
addiction program that is located anywhere within this state. 2,435
(3) Notwithstanding any contrary provision of section 2,437
3719.21 of the Revised Code, the clerk of the court shall pay any 2,439
fine imposed under division (H)(1) of this section to the 2,440
eligible alcohol and drug addiction program specified pursuant to 2,441
division (H)(2) of this section in the judgment. The eligible 2,442
alcohol and drug addiction program that receives the fine moneys 2,443
shall use the moneys only for the alcohol and drug addiction 2,444
services identified in the application for certification under 2,445
section 3793.06 of the Revised Code or in the application for a 2,446
license under section 3793.11 of the Revised Code filed with the 2,448
department of alcohol and drug addiction services by the alcohol
and drug addiction program specified in the judgment. 2,449
(4) Each alcohol and drug addiction program that receives 2,451
in a calendar year any fine moneys under division (H)(3) of this 2,453
section shall file an annual report covering that calendar year 2,454
with the court of common pleas and the board of county 2,455
commissioners of the county in which the program is located, with 2,456
the court of common pleas and the board of county commissioners 2,457
of each county from which the program received the moneys if that 2,458
county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug 2,459
addiction program shall file the report no later than the first 2,460
day of March in the calendar year following the calendar year in 2,462
which the program received the fine moneys. The report shall 2,463
include statistics on the number of persons served by the alcohol 2,464
and drug addiction program, identify the types of alcohol and 2,465
drug addiction services provided to those persons, and include a 2,466
specific accounting of the purposes for which the fine moneys 2,467
58
received were used. No information contained in the report shall 2,468
identify, or enable a person to determine the identity of, any 2,469
person served by the alcohol and drug addiction program. Each 2,470
report received by a court of common pleas, a board of county 2,471
commissioners, or the attorney general is a public record open 2,472
for inspection under section 149.43 of the Revised Code. 2,473
(5) As used in divisions (H)(1) to (5) of this section: 2,475
(a) "Alcohol and drug addiction program" and "alcohol and 2,478
drug addiction services" have the same meanings as in section 2,479
3793.01 of the Revised Code.
(b) "Eligible alcohol and drug addiction program" means an 2,482
alcohol and drug addiction program that is certified under 2,483
section 3793.06 of the Revised Code or licensed under section 2,484
3793.11 of the Revised Code by the department of alcohol and drug 2,486
addiction services.
Sec. 2925.09. (A) No person shall administer, dispense, 2,496
distribute, manufacture, possess, sell, or use any drug, other
than a controlled substance, that is not approved by the United 2,497
States food and drug administration, or the United States 2,498
department of agriculture, unless one of the following applies: 2,499
(1) The United States food and drug administration has 2,501
approved an application for investigational use in accordance 2,502
with the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 2,503
(1938), 21 U.S.C.A. 301, as amended, and the drug is used only 2,504
for the approved investigational use;
(2) The United States department of agriculture has 2,506
approved an application for investigational use in accordance 2,507
with the federal "Virus-Serum-Toxin Act," 37 Stat. 832 (1913), 21 2,508
U.S.C.A. as amended, 151, as amended, and the drug is used only 2,510
for the approved investigational use;
(3) A practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED 2,512
TO PRESCRIBE DRUGS, other than a veterinarian, prescribes or 2,513
combines two or more drugs as a single product for medical 2,514
purposes;
59
(4) A pharmacist, pursuant to a prescription, compounds 2,516
and dispenses two or more drugs as a single product for medical 2,517
purposes.
(B)(1) As used in this division, "dangerous drug," 2,519
"prescription," "sale at retail," "wholesale distributor of 2,520
dangerous drugs," and "terminal distributor of dangerous drugs," 2,521
have the SAME meanings set forth AS in section 4729.02 4729.01 of 2,523
the Revised Code.
(2) Except as provided in division (B)(3) of this section, 2,525
no person shall administer, dispense, distribute, manufacture, 2,526
possess, sell, or use any dangerous drug to or for livestock or 2,527
any animal that is generally used for food or in the production 2,528
of food, unless the drug is prescribed by a licensed veterinarian 2,529
by prescription or other written order and the drug is used in 2,530
accordance with the veterinarian's order or direction.
(3) Division (B)(2) of this section does not apply to a 2,532
registered wholesale distributor of dangerous drugs, a licensed 2,533
terminal distributor of dangerous drugs, or a person who 2,534
possesses, possesses for sale, or sells, at retail, a drug in 2,535
accordance with Chapters 3719., 4729., or 4741. of the Revised
Code.
(C) Whoever violates division (A) or (B)(2) of this 2,537
section is guilty of a felony of the fifth degree on a first 2,538
offense and of a felony of the fourth degree on each subsequent 2,539
offense.
Sec. 2925.11. (A) No person shall knowingly obtain, 2,548
possess, or use a controlled substance. 2,549
(B) This section does not apply to any of the following: 2,551
(1) Manufacturers, practitioners LICENSED HEALTH 2,553
PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS, pharmacists, owners 2,554
of pharmacies, and other persons whose conduct was in accordance 2,555
with Chapters 3719., 4715., 4729., 4731., and 4741. or section 2,557
4723.56 of the Revised Code;
(2) If the offense involves an anabolic steroid, any 2,559
60
person who is conducting or participating in a research project 2,560
involving the use of an anabolic steroid if the project has been 2,561
approved by the United States food and drug administration; 2,562
(3) Any person who sells, offers for sale, prescribes, 2,564
dispenses, or administers for livestock or other nonhuman species 2,565
an anabolic steroid that is expressly intended for administration 2,566
through implants to livestock or other nonhuman species and 2,567
approved for that purpose under the "Federal Food, Drug, and 2,568
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 2,569
and is sold, offered for sale, prescribed, dispensed, or 2,570
administered for that purpose in accordance with that act; 2,571
(4) Any person who obtained the controlled substance 2,573
pursuant to a prescription issued by a practitioner LICENSED 2,574
HEALTH PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS, where the 2,575
drug is in the original container in which it was dispensed to 2,576
such person. 2,577
(C) Whoever violates division (A) of this section is 2,579
guilty of one of the following: 2,580
(1) If the drug involved in the violation is a compound, 2,582
mixture, preparation, or substance included in schedule I or II, 2,583
with the exception of marihuana, cocaine, L.S.D., heroin, and 2,586
hashish, whoever violates division (A) of this section is guilty 2,587
of aggravated possession of drugs. The penalty for the offense 2,588
shall be determined as follows:
(a) Except as otherwise provided in division (C)(1)(b), 2,591
(c), (d), or (e) of this section, aggravated possession of drugs 2,592
is a felony of the fifth degree, and division (B) of section 2,593
2929.13 of the Revised Code applies in determining whether to 2,594
impose a prison term on the offender.
(b) If the amount of the drug involved exceeds the bulk 2,597
amount but does not exceed five times the bulk amount, aggravated 2,598
possession of drugs is a felony of the third degree, and there is 2,599
a presumption for a prison term for the offense.
(c) If the amount of the drug involved exceeds five times 2,602
61
the bulk amount but does not exceed fifty times the bulk amount, 2,603
aggravated possession of drugs is a felony of the second degree, 2,604
and the court shall impose as a mandatory prison term one of the 2,605
prison terms prescribed for a felony of the second degree. 2,606
(d) If the amount of the drug involved exceeds fifty times 2,608
the bulk amount but does not exceed one hundred times the bulk 2,609
amount, aggravated possession of drugs is a felony of the first 2,610
degree, and the court shall impose as a mandatory prison term one 2,611
of the prison terms prescribed for a felony of the first degree. 2,612
(e) If the amount of the drug involved exceeds one hundred 2,614
times the bulk amount, aggravated possession of drugs is a felony 2,615
of the first degree, and the court shall impose as a mandatory 2,616
prison term the maximum prison term prescribed for a felony of 2,617
the first degree and may impose an additional mandatory prison 2,618
term prescribed for a major drug offender under division
(D)(3)(b) of section 2929.14 of the Revised Code. 2,619
(2) If the drug involved in the violation is a compound, 2,621
mixture, preparation, or substance included in schedule III, IV, 2,623
or V, whoever violates division (A) of this section is guilty of 2,625
possession of drugs. The penalty for the offense shall be 2,626
determined as follows: 2,627
(a) Except as otherwise provided in division (C)(2)(b), 2,630
(c), or (d) of this section, possession of drugs is a misdemeanor 2,631
of the third degree or, if the offender previously has been 2,632
convicted of a drug abuse offense, a misdemeanor of the second 2,633
degree. If the drug involved in the violation is an anabolic 2,634
steroid included in schedule III and if the offense is a 2,635
misdemeanor of the third degree under this division, in lieu of 2,636
sentencing the offender to a term of imprisonment in a detention 2,637
facility, the court may place the offender on conditional 2,638
probation pursuant to division (F) of section 2951.02 of the 2,640
Revised Code. 2,641
(b) If the amount of the drug involved exceeds the bulk 2,644
amount but does not exceed five times the bulk amount, possession 2,645
62
of drugs is a felony of the fourth degree, and division (C) of 2,646
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 2,647
(c) If the amount of the drug involved exceeds five times 2,650
the bulk amount but does not exceed fifty times the bulk amount, 2,651
possession of drugs is a felony of the third degree, and there is 2,652
a presumption for a prison term for the offense.
(d) If the amount of the drug involved exceeds fifty times 2,655
the bulk amount, possession of drugs is a felony of the second 2,656
degree, and the court shall impose upon the offender as a 2,657
mandatory prison term one of the prison terms prescribed for a 2,658
felony of the second degree.
(3) If the drug involved in the violation is marihuana or 2,660
a compound, mixture, preparation, or substance containing 2,661
marihuana other than hashish, whoever violates division (A) of 2,663
this section is guilty of possession of marihuana. The penalty 2,664
for the offense shall be determined as follows: 2,665
(a) Except as otherwise provided in division (C)(3)(b), 2,668
(c), (d), (e), or (f) of this section, possession of marihuana is 2,669
a minor misdemeanor. 2,670
(b) If the amount of the drug involved equals or exceeds 2,673
one hundred grams but does not exceed two hundred grams, 2,674
possession of marihuana is a misdemeanor of the fourth degree. 2,675
(c) If the amount of the drug involved exceeds two hundred 2,678
grams but does not exceed one thousand grams, possession of 2,679
marihuana is a felony of the fifth degree, and division (B) of 2,680
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 2,682
(d) If the amount of the drug involved exceeds one 2,685
thousand grams but does not exceed five thousand grams,
possession of marihuana is a felony of the third degree, and 2,686
division (C) of section 2929.13 of the Revised Code applies in 2,687
determining whether to impose a prison term on the offender. 2,688
(e) If the amount of the drug involved exceeds five 2,691
63
thousand grams but does not exceed twenty thousand grams,
possession of marihuana is a felony of the third degree, and 2,692
there is a presumption that a prison term shall be imposed for 2,693
the offense. 2,694
(f) If the amount of the drug involved exceeds twenty 2,697
thousand grams, possession of marihuana is a felony of the second 2,698
degree, and the court shall impose as a mandatory prison term the 2,699
maximum prison term prescribed for a felony of the second degree. 2,700
(4) If the drug involved in the violation is cocaine or a 2,703
compound, mixture, preparation, or substance containing cocaine, 2,704
whoever violates division (A) of this section is guilty of 2,705
possession of cocaine. The penalty for the offense shall be 2,706
determined as follows:
(a) Except as otherwise provided in division (C)(4)(b), 2,709
(c), (d), (e), or (f) of this section, possession of cocaine is a 2,710
felony of the fifth degree, and division (B) of section 2929.13 2,711
of the Revised Code applies in determining whether to impose a 2,712
prison term on the offender.
(b) If the amount of the drug involved exceeds five grams 2,715
but does not exceed twenty-five grams of cocaine that is not
crack cocaine or exceeds one gram but does not exceed five grams 2,717
of crack cocaine, possession of cocaine is a felony of the fourth 2,718
degree, and there is a presumption for a prison term for the 2,719
offense.
(c) If the amount of the drug involved exceeds twenty-five 2,722
grams but does not exceed one hundred grams of cocaine that is 2,723
not crack cocaine or exceeds five grams but does not exceed ten 2,725
grams of crack cocaine, possession of cocaine is a felony of the 2,726
third degree, and the court shall impose as a mandatory prison 2,727
term one of the prison terms prescribed for a felony of the third 2,728
degree.
(d) If the amount of the drug involved exceeds one hundred 2,731
grams but does not exceed five hundred grams of cocaine that is 2,732
not crack cocaine or exceeds ten grams but does not exceed 2,734
64
twenty-five grams of crack cocaine, possession of cocaine is a 2,735
felony of the second degree, and the court shall impose as a 2,736
mandatory prison term one of the prison terms prescribed for a 2,737
felony of the second degree.
(e) If the amount of the drug involved exceeds five 2,740
hundred grams but does not exceed one thousand grams of cocaine 2,741
that is not crack cocaine or exceeds twenty-five grams but does 2,743
not exceed one hundred grams of crack cocaine, possession of
cocaine is a felony of the first degree, and the court shall 2,745
impose as a mandatory prison term one of the prison terms 2,746
prescribed for a felony of the first degree.
(f) If the amount of the drug involved exceeds one 2,749
thousand grams of cocaine that is not crack cocaine or exceeds 2,750
one hundred grams of crack cocaine, possession of cocaine is a 2,751
felony of the first degree, and the court shall impose as a 2,752
mandatory prison term the maximum prison term prescribed for a 2,753
felony of the first degree and may impose an additional mandatory 2,754
prison term prescribed for a major drug offender under division 2,755
(D)(3)(b) of section 2929.14 of the Revised Code. 2,757
(5) If the drug involved in the violation is L.S.D., 2,760
whoever violates division (A) of this section is guilty of 2,761
possession of L.S.D. The penalty for the offense shall be 2,763
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 2,766
(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 2,767
of the Revised Code applies in determining whether to impose a 2,768
prison term on the offender.
(b) If the amount of L.S.D. involved exceeds ten unit 2,770
doses but does not exceed fifty unit doses of L.S.D. in a solid 2,772
form or exceeds one gram but does not exceed five grams of L.S.D. 2,773
in a liquid concentrate, liquid extract, or liquid distillate 2,774
form, possession of L.S.D. is a felony of the fourth degree, and 2,777
division (C) of section 2929.13 of the Revised Code applies in
65
determining whether to impose a prison term on the offender. 2,778
(c) If the amount of L.S.D. involved exceeds fifty unit 2,781
doses, but does not exceed two hundred fifty unit doses of L.S.D. 2,783
in a solid form or exceeds five grams but does not exceed 2,784
twenty-five grams of L.S.D. in a liquid concentrate, liquid 2,785
extract, or liquid distillate form, possession of L.S.D. is a 2,786
felony of the third degree, and there is a presumption for a 2,787
prison term for the offense.
(d) If the amount of L.S.D. involved exceeds two hundred 2,790
fifty unit doses but does not exceed one thousand unit doses of 2,792
L.S.D. in a solid form or exceeds twenty-five grams but does not 2,793
exceed one hundred grams of L.S.D. in a liquid concentrate,
liquid extract, or liquid distillate form, possession of L.S.D. 2,795
is a felony of the second degree, and the court shall impose as a 2,796
mandatory prison term one of the prison terms prescribed for a 2,797
felony of the second degree. 2,798
(e) If the amount of L.S.D. involved exceeds one thousand 2,801
unit doses but does not exceed five thousand unit doses of L.S.D. 2,803
in a solid form or exceeds one hundred grams but does not exceed 2,804
five hundred grams of L.S.D. in a liquid concentrate, liquid 2,805
extract, or liquid distillate form, possession of L.S.D. is a 2,806
felony of the first degree, and the court shall impose as a 2,807
mandatory prison term one of the prison terms prescribed for a 2,808
felony of the first degree.
(f) If the amount of L.S.D. involved exceeds five thousand 2,811
unit doses of L.S.D. in a solid form or exceeds five hundred 2,814
grams of L.S.D. in a liquid concentrate, liquid extract, or 2,815
liquid distillate form, possession of L.S.D. is a felony of the 2,817
first degree, and the court shall impose as a mandatory prison 2,818
term the maximum prison term prescribed for a felony of the first 2,819
degree and may impose an additional mandatory prison term 2,820
prescribed for a major drug offender under division (D)(3)(b) of 2,821
section 2929.14 of the Revised Code. 2,822
(6) If the drug involved in the violation is heroin or a 2,824
66
compound, mixture, preparation, or substance containing heroin, 2,825
whoever violates division (A) of this section is guilty of 2,827
possession of heroin. The penalty for the offense shall be
determined as follows: 2,828
(a) Except as otherwise provided in division (C)(6)(b), 2,831
(c), (d), (e), or (f) of this section, possession of heroin is a 2,832
felony of the fifth degree, and division (B) of section 2929.13 2,833
of the Revised Code applies in determining whether to impose a 2,834
prison term on the offender.
(b) If the amount of the drug involved exceeds one gram 2,837
but does not exceed five grams, possession of heroin is a felony 2,838
of the fourth degree, and division (C) of section 2929.13 of the 2,839
Revised Code applies in determining whether to impose a prison
term on the offender. 2,840
(c) If the amount of the drug involved exceeds five grams 2,843
but does not exceed ten grams, possession of heroin is a felony 2,844
of the third degree, and there is a presumption for a prison term 2,845
for the offense.
(d) If the amount of the drug involved exceeds ten grams 2,848
but does not exceed fifty grams, possession of heroin is a felony 2,849
of the second degree, and the court shall impose as a mandatory 2,850
prison term one of the prison terms prescribed for a felony of 2,851
the second degree.
(e) If the amount of the drug involved exceeds fifty grams 2,854
but does not exceed two hundred fifty grams, possession of heroin 2,855
is a felony of the first degree, and the court shall impose as a 2,856
mandatory prison term one of the prison terms prescribed for a 2,857
felony of the first degree.
(f) If the amount of the drug involved exceeds two hundred 2,860
fifty grams, possession of heroin is a felony of the first 2,861
degree, and the court shall impose as a mandatory prison term the 2,862
maximum prison term prescribed for a felony of the first degree 2,863
and may impose an additional mandatory prison term prescribed for 2,864
a major drug offender under division (D)(3)(b) of section 2929.14 2,865
67
of the Revised Code. 2,866
(7) If the drug involved in the violation is hashish or a 2,868
compound, mixture, preparation, or substance containing hashish, 2,869
whoever violates division (A) of this section is guilty of 2,871
possession of hashish. The penalty for the offense shall be
determined as follows: 2,872
(a) Except as otherwise provided in division (C)(7)(b), 2,875
(c), (d), (e), or (f) of this section, possession of hashish is a 2,876
minor misdemeanor.
(b) If the amount of the drug involved equals or exceeds 2,878
five grams but does not exceed ten grams of hashish in a solid 2,879
form or equals or exceeds one gram but does not exceed two grams 2,880
of hashish in a liquid concentrate, liquid extract, or liquid 2,881
distillate form, possession of hashish is a misdemeanor of the 2,882
fourth degree.
(c) If the amount of the drug involved exceeds ten grams 2,885
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 2,886
liquid concentrate, liquid extract, or liquid distillate form, 2,887
possession of hashish is a felony of the fifth degree, and 2,888
division (B) of section 2929.13 of the Revised Code applies in 2,889
determining whether to impose a prison term on the offender. 2,891
(d) If the amount of the drug involved exceeds fifty grams 2,894
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 2,895
hashish in a liquid concentrate, liquid extract, or liquid 2,896
distillate form, possession of hashish is a felony of the third 2,897
degree, and division (C) of section 2929.13 of the Revised Code 2,898
applies in determining whether to impose a prison term on the 2,899
offender.
(e) If the amount of the drug involved exceeds two hundred 2,902
fifty grams but does not exceed one thousand grams of hashish in
a solid form or exceeds fifty grams but does not exceed two 2,903
hundred grams of hashish in a liquid concentrate, liquid extract, 2,904
68
or liquid distillate form, possession of hashish is a felony of 2,905
the third degree, and there is a presumption that a prison term 2,906
shall be imposed for the offense.
(f) If the amount of the drug involved exceeds one 2,909
thousand grams of hashish in a solid form or exceeds two hundred
grams of hashish in a liquid concentrate, liquid extract, or 2,910
liquid distillate form, possession of hashish is a felony of the 2,911
second degree, and the court shall impose as a mandatory prison 2,912
term the maximum prison term prescribed for a felony of the 2,913
second degree. 2,914
(D) Arrest or conviction for a minor misdemeanor violation 2,916
of this section does not constitute a criminal record and need 2,917
not be reported by the person so arrested or convicted in 2,918
response to any inquiries about the person's criminal record, 2,919
including any inquiries contained in any application for 2,920
employment, license, or other right or privilege, or made in 2,921
connection with the person's appearance as a witness. 2,922
(E) In addition to any prison term authorized or required 2,925
by division (C) of this section and sections 2929.13 and 2929.14 2,926
of the Revised Code and in addition to any other sanction that is 2,927
imposed for the offense under this section or sections 2929.11 to 2,928
2929.18 of the Revised Code, the court that sentences an offender 2,931
who is convicted of or pleads guilty to a violation of division 2,932
(A) of this section shall do all of the following that are 2,933
applicable regarding the offender:
(1)(a) If the violation is a felony of the first, second, 2,936
or third degree, the court shall impose upon the offender the 2,937
mandatory fine specified for the offense under division (B)(1) of 2,938
section 2929.18 of the Revised Code unless, as specified in that 2,939
division, the court determines that the offender is indigent. 2,940
(b) Notwithstanding any contrary provision of section 2,942
3719.21 of the Revised Code, the clerk of the court shall pay a 2,944
mandatory fine or other fine imposed for a violation of this 2,945
section pursuant to division (A) of section 2929.18 of the 2,946
69
Revised Code in accordance with and subject to the requirements
of division (F) of section 2925.03 of the Revised Code. The 2,947
agency that receives the fine shall use the fine as specified in 2,948
division (F) of section 2925.03 of the Revised Code. 2,949
(c) If a person is charged with a violation of this 2,951
section that is a felony of the first, second, or third degree, 2,952
posts bail, and forfeits the bail, the clerk shall pay the 2,953
forfeited bail pursuant to division (E)(1)(b) of this section as 2,954
if it were a mandatory fine imposed under division (E)(1)(a) of 2,955
this section.
(2) The court shall suspend for not less than six months 2,957
or more than five years the driver's or commercial driver's 2,958
license or permit of any person who is convicted of or has 2,959
pleaded guilty to a violation of this section.
(3) If the offender is a professionally licensed person or 2,961
a person who has been admitted to the bar by order of the supreme 2,963
court in compliance with its prescribed and published rules, in 2,964
addition to any other sanction imposed for a violation of this 2,965
section, the court forthwith shall comply with section 2925.38 of 2,966
the Revised Code.
(F) It is an affirmative defense, as provided in section 2,968
2901.05 of the Revised Code, to a charge of a fourth degree 2,969
felony violation under this section that the controlled substance 2,970
that gave rise to the charge is in an amount, is in a form, is 2,973
prepared, compounded, or mixed with substances that are not 2,975
controlled substances in a manner, or is possessed under any 2,976
other circumstances, that indicate that the substance was 2,977
possessed solely for personal use. Notwithstanding any contrary 2,979
provision of this section, if, in accordance with section 2901.05 2,980
of the Revised Code, an accused who is charged with a fourth 2,981
degree felony violation of division (C)(2), (4), (5), or (6) of 2,982
this section sustains the burden of going forward with evidence 2,983
of and establishes by a preponderance of the evidence the 2,984
affirmative defense described in this division, the accused may 2,985
70
be prosecuted for and may plead guilty to or be convicted of a 2,986
misdemeanor violation of division (C)(2) of this section or a 2,987
fifth degree felony violation of division (C)(4), (5), or (6) of 2,988
this section respectively. 2,989
(G) When a person is charged with possessing a bulk amount 2,991
or multiple of a bulk amount, division (E) of section 2925.03 of 2,993
the Revised Code applies regarding the determination of the 2,994
amount of the controlled substance involved at the time of the 2,995
offense.
Sec. 2925.12. (A) No person shall knowingly make, obtain, 3,004
possess, or use any instrument, article, or thing the customary 3,005
and primary purpose of which is for the administration or use of 3,006
a dangerous drug, other than marihuana, when the instrument 3,007
involved is a hypodermic or syringe, whether or not of crude or 3,008
extemporized manufacture or assembly, and the instrument, 3,009
article, or thing involved has been used by the offender to 3,010
unlawfully administer or use a dangerous drug, other than 3,011
marihuana, or to prepare a dangerous drug, other than marihuana, 3,012
for unlawful administration or use. 3,013
(B) This section does not apply to manufacturers, 3,015
practitioners LICENSED HEALTH PROFESSIONALS AUTHORIZED TO 3,016
PRESCRIBE DRUGS, pharmacists, owners of pharmacies, and other 3,017
persons whose conduct was in accordance with Chapters 3719., 3,019
4715., 4729., 4731., and 4741. or section 4723.56 of the Revised 3,020
Code.
(C) Whoever violates this section is guilty of possessing 3,022
drug abuse instruments, a misdemeanor of the second degree. If 3,023
the offender previously has been convicted of a drug abuse 3,024
offense, a violation of this section is a misdemeanor of the 3,025
first degree. 3,026
(D) In addition to any other sanction imposed for a 3,028
violation of this section, the court shall suspend for not less 3,029
than six months or more than five years the driver's or 3,030
commercial driver's license or permit of any person who is 3,031
71
convicted of or has pleaded guilty to a violation of this 3,032
section. If the offender is a professionally licensed person or 3,033
a person who has been admitted to the bar by order of the supreme 3,034
court in compliance with its prescribed and published rules, in 3,035
addition to any other sanction imposed for a violation of this 3,036
section, the court forthwith shall comply with section 2925.38 of 3,037
the Revised Code.
Sec. 2925.14. (A) As used in this section, "drug 3,046
paraphernalia" means any equipment, product, or material of any 3,047
kind that is used by the offender, intended by the offender for 3,048
use, or designed for use, in propagating, cultivating, growing, 3,049
harvesting, manufacturing, compounding, converting, producing, 3,050
processing, preparing, testing, analyzing, packaging, 3,051
repackaging, storing, containing, concealing, injecting, 3,052
ingesting, inhaling, or otherwise introducing into the human 3,053
body, a controlled substance in violation of this chapter. "Drug 3,054
paraphernalia" includes, but is not limited to, any of the 3,055
following equipment, products, or materials that are used by the 3,056
offender, intended by the offender for use, or designed by the 3,057
offender for use, in any of the following manners: 3,058
(1) A kit for propagating, cultivating, growing, or 3,060
harvesting any species of a plant that is a controlled substance 3,061
or from which a controlled substance can be derived; 3,062
(2) A kit for manufacturing, compounding, converting, 3,064
producing, processing, or preparing a controlled substance; 3,065
(3) An isomerization device for increasing the potency of 3,067
any species of a plant that is a controlled substance; 3,068
(4) Testing equipment for identifying, or analyzing the 3,070
strength, effectiveness, or purity of, a controlled substance; 3,071
(5) A scale or balance for weighing or measuring a 3,073
controlled substance; 3,074
(6) A diluent or adulterant, such as quinine 3,076
hydrochloride, mannitol, mannite, dextrose, or lactose, for 3,077
cutting a controlled substance; 3,078
72
(7) A separation gin or sifter for removing twigs and 3,080
seeds from, or otherwise cleaning or refining, marihuana; 3,081
(8) A blender, bowl, container, spoon, or mixing device 3,083
for compounding a controlled substance; 3,084
(9) A capsule, balloon, envelope, or container for 3,086
packaging small quantities of a controlled substance; 3,087
(10) A container or device for storing or concealing a 3,089
controlled substance; 3,090
(11) A hypodermic syringe, needle, or instrument for 3,092
parenterally injecting a controlled substance into the human 3,093
body; 3,094
(12) An object, instrument, or device for ingesting, 3,096
inhaling, or otherwise introducing into the human body, 3,097
marihuana, cocaine, hashish, or hashish oil, such as a metal, 3,099
wooden, acrylic, glass, stone, plastic, or ceramic pipe, with or 3,100
without a screen, permanent screen, hashish head, or punctured 3,101
metal bowl; water pipe; carburetion tube or device; smoking or 3,102
carburetion mask; roach clip or similar object used to hold 3,103
burning material, such as a marihuana cigarette, that has become 3,104
too small or too short to be held in the hand; miniature cocaine 3,105
spoon, or cocaine vial; chamber pipe; carburetor pipe; electric 3,106
pipe; air driver pipe; chillum; bong; or ice pipe or chiller. 3,107
(B) In determining if an object is drug paraphernalia, a 3,109
court or law enforcement officer shall consider, in addition to 3,110
other relevant factors, the following: 3,111
(1) Any statement by the owner, or by anyone in control, 3,113
of the object, concerning its use; 3,114
(2) The proximity in time or space of the object, or of 3,116
the act relating to the object, to a violation of any provision 3,117
of this chapter; 3,118
(3) The proximity of the object to any controlled 3,120
substance;
(4) The existence of any residue of a controlled substance 3,122
on the object;
73
(5) Direct or circumstantial evidence of the intent of the 3,124
owner, or of anyone in control, of the object, to deliver it to 3,125
any person whom the owner or person in control of the object 3,126
knows intends to use the object to facilitate a violation of any 3,127
provision of this chapter. A finding that the owner, or anyone 3,128
in control, of the object, is not guilty of a violation of any 3,129
other provision of this chapter does not prevent a finding that 3,130
the object was intended or designed by the offender for use as 3,131
drug paraphernalia.
(6) Any oral or written instruction provided with the 3,133
object concerning its use; 3,134
(7) Any descriptive material accompanying the object and 3,136
explaining or depicting its use; 3,137
(8) National or local advertising concerning the use of 3,139
the object; 3,140
(9) The manner and circumstances in which the object is 3,142
displayed for sale; 3,143
(10) Direct or circumstantial evidence of the ratio of the 3,145
sales of the object to the total sales of the business 3,146
enterprise; 3,147
(11) The existence and scope of legitimate uses of the 3,149
object in the community; 3,150
(12) Expert testimony concerning the use of the object. 3,152
(C)(1) No person shall knowingly use, or possess with 3,154
purpose to use, drug paraphernalia. 3,155
(2) No person shall knowingly sell, or possess or 3,157
manufacture with purpose to sell, drug paraphernalia, if the 3,158
person knows or reasonably should know that the equipment, 3,159
product, or material will be used as drug paraphernalia. 3,160
(3) No person shall place an advertisement in any 3,162
newspaper, magazine, handbill, or other publication that is 3,163
published and printed and circulates primarily within this state, 3,164
if the person knows that the purpose of the advertisement is to 3,165
promote the illegal sale in this state of the equipment, product, 3,166
74
or material that the offender intended or designed for use as 3,167
drug paraphernalia.
(D) This section does not apply to manufacturers, 3,169
practitioners LICENSED HEALTH PROFESSIONALS AUTHORIZED TO 3,170
PRESCRIBE DRUGS, pharmacists, owners of pharmacies, and other 3,171
persons whose conduct is in accordance with Chapters 3719., 3,172
4715., 4729., 4731., and 4741. or section 4723.56 of the Revised 3,174
Code. This section shall not be construed to prohibit the 3,175
possession or use of a hypodermic as authorized by section 3,176
3719.172 of the Revised Code.
(E) Notwithstanding sections 2933.42 and 2933.43 of the 3,178
Revised Code, any drug paraphernalia that was used, possessed, 3,179
sold, or manufactured in a violation of this section shall be 3,180
seized, after a conviction for that violation shall be forfeited, 3,181
and upon forfeiture shall be disposed of pursuant to division 3,182
(D)(8) of section 2933.41 of the Revised Code. 3,183
(F)(1) Whoever violates division (C)(1) of this section is 3,185
guilty of illegal use or possession of drug paraphernalia, a 3,186
misdemeanor of the fourth degree. 3,187
(2) Except as provided in division (F)(3) of this section, 3,189
whoever violates division (C)(2) of this section is guilty of 3,190
dealing in drug paraphernalia, a misdemeanor of the second 3,191
degree. 3,192
(3) Whoever violates division (C)(2) of this section by 3,194
selling drug paraphernalia to a juvenile is guilty of selling 3,195
drug paraphernalia to juveniles, a misdemeanor of the first 3,196
degree. 3,197
(4) Whoever violates division (C)(3) of this section is 3,199
guilty of illegal advertising of drug paraphernalia, a 3,200
misdemeanor of the second degree. 3,201
(G) In addition to any other sanction imposed for a 3,203
violation of this section, the court shall suspend for not less 3,204
than six months or more than five years the driver's or 3,205
commercial driver's license or permit of any person who is 3,206
75
convicted of or has pleaded guilty to a violation of this 3,207
section. If the offender is a professionally licensed person or 3,208
a person who has been admitted to the bar by order of the supreme 3,209
court in compliance with its prescribed and published rules, in 3,210
addition to any other sanction imposed for a violation of this 3,211
section, the court forthwith shall comply with section 2925.38 of 3,212
the Revised Code.
Sec. 2925.23. (A) No person shall knowingly make a false 3,221
statement in any prescription, order, report, or record required 3,222
by Chapter 3719. or 4729. of the Revised Code. 3,223
(B) No person shall intentionally make, utter, or sell, or 3,225
knowingly possess a false or forged: 3,226
(1) Prescription; 3,228
(2) Uncompleted preprinted prescription blank used for 3,230
writing a prescription; 3,231
(3) Official written order; 3,233
(4) License for a terminal distributor of dangerous drugs 3,235
as required in section 4729.60 of the Revised Code; 3,236
(5) Registration certificate for a wholesale distributor 3,238
of dangerous drugs as required in section 4729.60 of the Revised 3,239
Code. 3,240
(C) No person, by theft as defined in section 2913.02 of 3,242
the Revised Code, shall acquire any of the following: 3,243
(1) A prescription; 3,245
(2) An uncompleted preprinted prescription blank used for 3,247
writing a prescription; 3,248
(3) An official written order; 3,250
(4) A blank official written order; 3,252
(5) A license or blank license for a terminal distributor 3,254
of dangerous drugs as required in section 4729.60 of the Revised 3,255
Code; 3,256
(6) A registration certificate or blank registration 3,258
certificate for a wholesale distributor of dangerous drugs as 3,259
required in section 4729.60 of the Revised Code. 3,260
76
(D) No person shall knowingly make or affix any false or 3,262
forged label to a package or receptacle containing any dangerous 3,263
drugs. 3,264
(E) Divisions (A) and (D) of this section do not apply to 3,266
practitioners LICENSED HEALTH PROFESSIONALS AUTHORIZED TO 3,267
PRESCRIBE DRUGS, pharmacists, owners of pharmacies, and other 3,268
persons whose conduct is in accordance with Chapters 3719., 3,269
4715., 4725., 4729., 4731., and 4741. of the Revised Code or 3,270
section 4723.56 of the Revised Code. 3,271
(F) Whoever violates this section is guilty of illegal 3,273
processing of drug documents. The penalty for the offense shall 3,274
be determined as follows: 3,275
(1) If the drug involved is a compound, mixture, 3,277
preparation, or substance included in schedule I or II, with the 3,278
exception of marihuana, illegal processing of drug documents is a 3,279
felony of the fourth degree, and division (C) of section 2929.13 3,280
of the Revised Code applies in determining whether to impose a 3,281
prison term on the offender.
(2) If the drug involved is a dangerous drug or a 3,283
compound, mixture, preparation, or substance included in schedule 3,284
III, IV, or V or is marihuana, illegal processing of drug 3,285
documents is a felony of the fifth degree, and division (C) of 3,286
section 2929.13 of the Revised Code applies in determining 3,287
whether to impose a prison term on the offender.
(G) In addition to any prison term authorized or required 3,289
by division (F) of this section and sections 2929.13 and 2929.14 3,290
of the Revised Code and in addition to any other sanction imposed 3,291
for the offense under this section or sections 2929.11 to 2929.18 3,292
of the Revised Code, the court that sentences an offender who is 3,293
convicted of or pleads guilty to any violation of divisions (A) 3,294
to (D) of this section shall do both of the following:
(1) The court shall suspend for not less than six months 3,297
or more than five years the driver's or commercial driver's 3,298
license or permit of any person who is convicted of or has 3,299
77
pleaded guilty to a violation of this section.
(2) If the offender is a professionally licensed person or 3,301
a person who has been admitted to the bar by order of the supreme 3,302
court in compliance with its prescribed and published rules, in 3,303
addition to any other sanction imposed for a violation of this 3,304
section, the court forthwith shall comply with section 2925.38 of 3,305
the Revised Code.
(H) Notwithstanding any contrary provision of section 3,307
3719.21 of the Revised Code, the clerk of court shall pay a fine 3,308
imposed for a violation of this section pursuant to division (A) 3,309
of section 2929.18 of the Revised Code in accordance with and 3,310
subject to the requirements of division (F) of section 2925.03 of 3,311
the Revised Code. The agency that receives the fine shall use 3,312
the fine as specified in division (F) of section 2925.03 of the 3,313
Revised Code.
Sec. 2925.50. If a violation of this chapter is a 3,322
violation of THE federal narcotic DRUG ABUSE CONTROL laws, as 3,323
defined in section 3719.01 of the Revised Code, a conviction or 3,325
acquittal under THE federal narcotic DRUG ABUSE CONTROL laws for 3,326
the same act is a bar to prosecution in this state. 3,327
Sec. 2927.24. (A) As used in this section, "poison" and 3,336
"drug" have the same meanings: 3,337
(1) "POISON" HAS THE SAME MEANING AS IN SECTION 3719.01 OF 3,339
THE REVISED CODE.
(2) "DRUG" HAS THE SAME MEANING as in section 4729.02 3,341
4729.01 of the Revised Code. 3,342
(B) Except as provided in division (D) of this section, no 3,344
person shall knowingly mingle a poison or other harmful substance 3,345
with a food, drink, nonprescription drug, prescription drug, or 3,346
pharmaceutical product, or knowingly place a poison or other 3,347
harmful substance in a spring, well, reservoir, or public water 3,348
supply, if the person knows or has reason to know that the food, 3,349
drink, nonprescription drug, prescription drug, pharmaceutical 3,350
product, or water may be ingested or used by another person. For 3,351
78
purposes of this division, a person does not know or have reason 3,352
to know that water may be ingested or used by another person if 3,353
it is disposed of as waste into a household drain including the 3,354
drain of a toilet, sink, tub, or floor. 3,355
(C) No person shall inform another person that a poison or 3,357
other harmful substance has been or will be placed in a food, 3,358
drink, nonprescription drug, prescription drug, or other 3,359
pharmaceutical product, spring, well, reservoir, or public water 3,360
supply, if the placement of the poison or other harmful substance 3,361
would be a violation of division (B) of this section, and the 3,362
person knows both that the information is false and that the 3,363
information likely will be disseminated to the public. 3,364
(D)(1) A person may mingle a drug with a food or drink for 3,366
the purpose of causing the drug to be ingested or used in the 3,367
quantity described by its labeling or prescription. 3,368
(2) A person may place a poison or other harmful substance 3,370
in a spring, well, reservoir, or public water supply in such 3,371
quantity as is necessary to treat the spring, well, reservoir, or 3,372
water supply to make it safe for human consumption and use. 3,373
(3) The provisions of division (A) of this section shall 3,375
not be applied in a manner that conflicts with any other state or 3,376
federal law or rule relating to substances permitted to be 3,377
applied to or present in any food, raw or processed, any milk or 3,378
milk product, any meat or meat product, any type of crop, water, 3,379
or alcoholic or nonalcoholic beverage. 3,380
(E)(1) Whoever violates division (B) of this section is 3,382
guilty of contaminating a substance for human consumption or use, 3,383
a felony of the first degree. If the offense involved an amount 3,384
of poison or other harmful substance sufficient to cause death if 3,385
ingested or used by a person or if the offense resulted in 3,386
serious physical harm to another person, whoever violates 3,387
division (B) of this section is guilty of an aggravated felony of 3,388
the first degree and shall be imprisoned for life. 3,389
(2) Whoever violates division (C) of this section is 3,391
79
guilty of spreading a false report of contamination, a felony of 3,392
the fourth degree. 3,393
Sec. 3313.713. (A) As used in this section: 3,403
(1) "Drug prescribed by a physician" means a drug 3,405
described in section 4729.02 4729.01 of the Revised Code that is 3,407
to be administered pursuant to the instructions of the 3,408
prescribing physician, whether or not required by law to be sold 3,409
only upon a prescription. 3,410
(2) "Federal law" means the "Education For All Handicapped 3,412
Children Act of 1975," 89 Stat. 775, 20 U.S.C. 1401, as amended. 3,413
(B) The board of education of each city, local, exempted 3,415
village, and joint vocational school district, shall not later 3,416
than one hundred twenty days after the effective date of this 3,417
section, adopt a policy on the authority of its employees, when 3,418
acting in situations other than those governed by sections 3,419
2305.23, 2305.231, and 3313.712 of the Revised Code, to 3,420
administer drugs prescribed by physicians to students enrolled in 3,421
the schools of the district. The policy shall provide either 3,422
that: 3,423
(1) Except as otherwise required by federal law, no person 3,425
employed by the board shall, in the course of such employment, 3,426
administer any drug prescribed by a physician to any student 3,427
enrolled in the schools of the district. 3,428
(2) Designated persons employed by the board are 3,430
authorized to administer to a student a drug prescribed by a 3,431
physician for the student. Except as otherwise provided by 3,432
federal law, the board's policy may provide that certain drugs or 3,433
types of drugs shall not be administered or that no employee, or 3,434
no employee without appropriate training, shall use certain 3,435
procedures, such as injection, to administer a drug to a student. 3,436
(C) No drug prescribed by a physician for a student shall 3,438
be administered pursuant to federal law or a policy adopted under 3,439
division (B) of this section until the following occur: 3,440
(1) The board, or a person designated by the board, 3,442
80
receives a written request, signed by the parent, guardian, or 3,443
other person having care or charge of the student, that the drug 3,444
be administered to the student. 3,445
(2) The board, or a person designated by the board, 3,447
receives a statement, signed by the physician who prescribed the 3,448
drug, that includes all of the following information: 3,449
(a) The name and address of the student; 3,451
(b) The school and class in which the student is enrolled; 3,453
(c) The name of the drug and the dosage to be 3,455
administered; 3,456
(d) The times or intervals at which each dosage of the 3,458
drug is to be administered; 3,459
(e) The date the administration of the drug is to begin; 3,461
(f) The date the administration of the drug is to cease; 3,463
(g) Any severe adverse reactions that should be reported 3,465
to the physician and one or more phone numbers at which the 3,466
physician can be reached in an emergency; 3,467
(h) Special instructions for administration of the drug, 3,469
including sterile conditions and storage. 3,470
(3) The parent, guardian, or other person having care or 3,472
charge of the student agrees to submit a revised statement signed 3,473
by the physician who prescribed the drug to the board or a person 3,474
designated by the board if any of the information provided by the 3,475
physician pursuant to division (C)(2) of this section changes. 3,476
(4) The person authorized by the board to administer the 3,478
drug receives a copy of the statement required by division (C)(2) 3,479
or (3) of this section. 3,480
(5) The drug is received by the person authorized to 3,482
administer the drug to the student for whom the drug is 3,483
prescribed it in the container in which it was dispensed by the 3,485
prescribing physician or a licensed pharmacist.
(6) Any other procedures required by the board are 3,487
followed. 3,488
(D) If a drug prescribed by a physician is administered to 3,490
81
a student, the board of education shall acquire and retain copies 3,491
of the written requests required by division (C)(1) and the 3,492
statements required by divisions (C)(2) and (3) of this section 3,493
and shall ensure that by the next school day following the 3,494
receipt of any such statement a copy is given to the person 3,495
authorized to administer drugs to the student for whom the 3,496
statement has been received. The board, or a person designated 3,497
by the board, shall establish a location in each school building 3,498
for the storage of drugs to be administered under this section 3,499
and federal law. All such drugs shall be stored in that location 3,500
in a locked storage place, except that drugs that require 3,501
refrigeration may be kept in a refrigerator in a place not 3,502
commonly used by students. 3,503
(E) No person who has been authorized by a board of 3,505
education to administer a drug and has a copy of the most recent 3,506
statement required by division (C)(2) or (3) of this section 3,507
given to him THE PERSON in accordance with division (D) of this 3,508
section prior to administering the drug is liable in civil 3,509
damages for administering or failing to administer the drug, 3,510
unless such person acts in a manner that constitutes gross 3,511
negligence or wanton or reckless misconduct. 3,512
(F) Whenever a board of education is required to designate 3,514
a person or persons to perform any function or functions in 3,515
connection with a drug policy adopted under this section, the 3,516
board may designate such persons either by name or by position, 3,517
training, qualifications, or similar distinguishing factors. 3,518
Nothing in this section shall be construed to require a 3,520
person employed by a board of education to administer a drug to a 3,521
student unless the board's policy adopted in compliance with this 3,522
section establishes such a requirement. A board shall not 3,523
require an employee to administer a drug to a student if the 3,524
employee objects, on the basis of religious convictions, to 3,525
administering the drug. 3,526
A policy adopted by a board of education pursuant to this 3,528
82
section may be changed, modified, or revised by action of the 3,529
board. 3,530
Nothing in this section affects the application of section 3,532
2305.23, 2305.231, or 3313.712 of the Revised Code to the 3,533
administration of emergency care or treatment to a student. 3,534
Sec. 3701.33. The public health council shall consist of 3,543
the following seven members to be appointed by the governor: 3,544
(A) Three physicians who are licensed to practice medicine 3,547
in the state;
(B) A pharmacist who has been granted a certificate IS 3,549
LICENSED to practice pharmacy in the state; 3,551
(C) A registered nurse who is licensed to practice nursing 3,553
as a registered nurse in the state; 3,554
(D) A sanitarian who holds a valid certificate of 3,556
registration as a sanitarian issued under section 4736.11 of the 3,557
Revised Code;
(E) A member of the public who is not associated with or 3,560
financially interested in the practice of medicine, nursing, 3,561
pharmacy, or environmental health and is at least sixty years of 3,562
age.
Terms of office shall be for seven years, commencing on the 3,564
first day of July and ending on the thirtieth day of June. Each 3,565
member shall hold office from the date of appointment until the 3,566
end of the term for which the member was appointed. Any member 3,567
appointed to fill a vacancy occurring prior to the expiration of 3,569
the term for which the member's predecessor was appointed shall 3,570
hold office for the remainder of such term. Any member shall 3,571
continue in office subsequent to the expiration date of the 3,572
member's term until a THE MEMBER'S successor takes office, or 3,573
until a period of sixty days has elapsed, whichever occurs first. 3,575
The council shall meet four times each year and may meet at 3,578
such other times as the business of the council requires. The 3,579
time and place for holding regular meetings shall be fixed in the 3,580
bylaws of the council. Special meetings may be called upon the 3,581
83
request of any four members of the council or upon request of the 3,582
director of health, and may be held at any place considered 3,583
advisable by the council or director. Four members of the 3,584
council constitute a quorum for the transaction of business. The 3,585
council, on or before the first day of July of each year, shall 3,586
designate the member who shall act as its chairman CHAIRPERSON 3,587
for the ensuing year. The director, upon request of the council, 3,589
shall detail an officer or employee of the department of health 3,590
to act as secretary of the council, and shall detail such other 3,591
employees as the council requires.
The members of the council shall be paid the rate 3,593
established pursuant to division (J) of section 124.15 of the 3,594
Revised Code while in conference and shall be reimbursed their 3,595
necessary and reasonable traveling and other expenses incurred in 3,596
the performance of their regular duties. 3,597
Sec. 3709.161. (A) The board of health of a city or 3,606
general health district may procure a policy or policies of 3,607
insurance insuring the members of the board, the health 3,608
commissioner, and the employees of the board against liability on 3,609
account of damage or injury to persons and property resulting 3,610
from any act or omission that occurs in the individual's official 3,612
capacity as a member or employee of the board or resulting solely 3,613
out of such membership or employment. 3,614
(B)(1) As used in this division, "health care 3,616
professional" means all of the following: 3,617
(a) A dentist or dental hygienist licensed under Chapter 3,620
4715. of the Revised Code;
(b) A registered nurse or licensed practical nurse 3,622
licensed under Chapter 4723. of the Revised Code; 3,623
(c) A person authorized LICENSED under Chapter 4729. of 3,625
the Revised Code to practice as a pharmacist; 3,627
(d) A person authorized under Chapter 4730. of the Revised 3,629
Code to practice as a physician assistant; 3,630
(e) A person authorized under Chapter 4731. of the Revised 3,633
84
Code to practice medicine and surgery, osteopathic medicine and 3,634
surgery, or podiatry;
(f) A psychologist licensed under Chapter 4732. of the 3,637
Revised Code;
(g) A veterinarian licensed under Chapter 4741. of the 3,639
Revised Code;
(h) A speech-language pathologist or audiologist licensed 3,641
under Chapter 4753. of the Revised Code; 3,642
(i) An occupational therapist, physical therapist, 3,644
physical therapist assistant, or athletic trainer licensed under 3,645
Chapter 4755. of the Revised Code; 3,646
(j) A professional clinical counselor, professional 3,648
counselor, independent social worker, or social worker licensed 3,649
under Chapter 4757. of the Revised Code; 3,650
(k) A dietician licensed under Chapter 4759. of the 3,652
Revised Code.
(2) The board of health of a city or general health 3,654
district may purchase liability insurance for a health care 3,655
professional with whom the board contracts for the provision of 3,656
health care services against liability on account of damage or 3,657
injury to persons and property arising from the health care 3,658
professional's performance of services under the contract. The 3,659
policy shall be purchased from an insurance company licensed to 3,660
do business in this state, if such a policy is available from 3,661
such a company. The board of health of a city or general health 3,662
district shall report the cost of the liability insurance policy 3,663
and subsequent increases in the cost to the director of health on 3,664
a form prescribed by the director. 3,665
Sec. 3715.01. (A) As used in sections 3715.01 to 3715.72 3,674
of the Revised Code THIS CHAPTER: 3,675
(1) "Director" means the director of agriculture. 3,677
(2) "Board of pharmacy" means the board of pharmacy as 3,679
defined in and established by section 4729.01 of the Revised 3,680
Code. 3,681
85
(3) "Public health council" means the public health 3,683
council as defined in and established by section 3701.33 of the 3,684
Revised Code. 3,685
(4)(2) "Person" means an individual, partnership, 3,687
corporation, or association. 3,688
(5)(3) "Food" means: 3,690
(a) Articles used for food or drink for humans or animals; 3,693
(b) Chewing gum; 3,695
(c) Articles used for components of any such articles. 3,697
(6)(4) "Drug" means: 3,699
(a) Articles recognized in the official United States 3,701
pharmacopoeia, AND national formulary, or any supplement TO THEM; 3,703
(b) Articles intended for use in the diagnosis, cure, 3,705
mitigation, treatment, or prevention of disease in humans or 3,706
animals; 3,707
(c) Articles, other than food, intended to affect the 3,709
structure or any function of the body of humans or other animals; 3,711
(d) Articles intended for use as a component of any such 3,713
OF THE FOREGOING articles but does not include, OTHER THAN 3,715
devices or their components, parts, or accessories. 3,717
(7)(5) "Device," except when used in division (B)(1) of 3,719
this section and in division (B)(A)(10) of section 3715.52, 3,720
division (F) of section 3715.60, division (A)(5) of section 3,722
3715.64, and division (C) of section 3715.67 of the Revised Code, 3,723
means any instrument, apparatus, implement, machine, contrivance, 3,724
implant, in vitro reagent, or other similar or related article, 3,725
including any component, part, or accessory, that is any of the 3,726
following:
(a) Recognized in an official compendium THE UNITED STATES 3,729
PHARMACOPOEIA AND NATIONAL FORMULARY, OR ANY SUPPLEMENT TO THEM; 3,730
(b) Intended for use in the diagnosis of disease or other 3,732
conditions, or in the cure, mitigation, treatment, or prevention 3,733
of disease in humans or other animals; 3,734
(c) Intended to affect the structure or any function of 3,736
86
the body of humans or animals, and that does not achieve any of 3,740
its principal intended purposes through chemical action within or 3,741
on the body of humans or animals and is not dependent upon being 3,743
metabolized for the achievement of any of its principal intended 3,744
purposes.
(8)(6) "Cosmetic" means: 3,746
(a) Articles intended to be rubbed, poured, sprinkled, or 3,748
sprayed on, introduced into, or otherwise applied to the human 3,749
body or any part thereof for cleansing, beautifying, promoting 3,750
attractiveness, or altering the appearance; 3,751
(b) Articles intended for use as a component of any such 3,753
article, except that such term "COSMETIC" does not include soap. 3,755
(9) "Official compendium" means the official United States 3,757
pharmacopoeia, national formulary, or any supplement. 3,758
(10)(7) "Label" means a display of written, printed, or 3,760
graphic matter upon the immediate container, exclusive of package 3,761
liners, of any articles ARTICLE. 3,762
Any word, statement, or other information required by 3,764
sections 3715.01 to 3715.72 of the Revised Code THIS CHAPTER to 3,765
appear on the label must appear on the outside container or 3,767
wrapper, if any, of the retail package of such THE article, or 3,768
such THE label must be easily legible through the outside 3,770
container or wrapper.
(11)(8) "Labeling" means all labels and other written, 3,772
printed, or graphic matter: 3,773
(a) Upon an article or any of its containers or wrappers; 3,775
(b) Accompanying such article. 3,777
(12)(9) "Advertisement" means all representations 3,779
disseminated in any manner or by any means, other than by 3,780
labeling, for the purpose of inducing, or which THAT are likely 3,781
to induce, directly or indirectly, the purchase of food, drugs, 3,783
devices, or cosmetics. 3,784
(13)(10) "New drug" means: 3,786
(a) Any drug the composition of which is such that such 3,788
87
THE drug is not generally recognized among experts qualified by 3,789
scientific training and experience to evaluate the safety of 3,790
drugs, as safe for use under the conditions prescribed, 3,791
recommended, or suggested in the labeling thereof; 3,792
(b) Any drug the composition of which is such that such 3,794
THE drug, as a result of investigation to determine its safety 3,795
for use under such conditions, has become so recognized, but 3,796
which THAT has not, otherwise OTHER than in such investigations 3,798
AN INVESTIGATION, been used to a material extent or for a 3,800
material time under such conditions.
(14)(11) "Contaminated with filth" applies to any food, 3,802
drug, device, or cosmetic THAT HAS not BEEN protected as far as 3,803
may be necessary by all reasonable means from dust, dirt, and all 3,805
foreign or injurious substances. 3,806
(15) "Federal act" means the "Federal Food, Drug and 3,808
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended. 3,809
(16)(12) "Honey" means the nectar and saccharine exudation 3,811
of plants that has been gathered, modified, and stored in a 3,812
honeycomb by honeybees. 3,813
(17)(13) "Finished dosage form" means the form of a drug 3,815
that is, or is intended to be, dispensed or administered to 3,816
humans or animals and requires no further manufacturing or 3,817
processing other than packaging, reconstituting, or labeling. 3,818
(18)(14)(a) "Manufacture" means the planting, cultivating, 3,820
harvesting, processing, making, preparing, or otherwise engaging 3,821
in any part of the production of a dangerous drug by propagating, 3,822
compounding, converting, or processing, either directly or 3,823
indirectly by extracting from substances of natural origin, or 3,824
independently by means of chemical synthesis, or by a combination 3,825
of extraction and chemical synthesis, and includes any THE 3,826
FOLLOWING: 3,827
(i) ANY packaging or repackaging of the drug or labeling 3,830
or relabeling of its container, THE PROMOTION AND MARKETING OF 3,831
THE DRUG, and other activities incident to production, except 3,833
88
that this term; 3,834
(ii) THE PREPARATION AND PROMOTION OF COMMERCIALLY 3,836
AVAILABLE PRODUCTS FROM BULK COMPOUNDS FOR RESALE BY PHARMACIES, 3,837
LICENSED HEALTH PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS, OR 3,838
OTHER PERSONS.
(b) "MANUFACTURE" does not include the preparation, 3,840
compounding, packaging, or labeling of a dangerous drug by a 3,842
pharmacist as an incident to dispensing EITHER OF THE FOLLOWING: 3,843
(i) DISPENSING a dangerous drug in the usual course of 3,845
professional practice; 3,846
(ii) PROVIDING A LICENSED HEALTH PROFESSIONAL AUTHORIZED 3,848
TO PRESCRIBE DRUGS WITH A DRUG FOR THE PURPOSE OF ADMINISTERING 3,849
TO PATIENTS OR FOR USING THE DRUG IN TREATING PATIENTS IN THE 3,850
PROFESSIONAL'S OFFICE.
(19)(15) "Dangerous drug" has the SAME meaning given AS in 3,853
division (D) of section 4729.02 4729.01 of the Revised Code. 3,854
(20)(16) "Generically equivalent drug" means a drug that 3,856
contains identical amounts of the identical active ingredients in 3,857
the identical dosage forms, but not necessarily containing the 3,858
same inactive ingredients, that meets the identical compendial or 3,859
other applicable standard of identity, strength, quality, and 3,860
purity, including potency, and where applicable, content 3,861
uniformity, disintegration times, or dissolution rates, as the 3,862
prescribed brand name drug and the manufacturer or distributor 3,863
holds, if applicable, either an approved new drug application or 3,864
an approved abbreviated new drug application unless other 3,865
approval by law or from the federal food and drug administration 3,866
is required. 3,867
No drug shall be considered a generically equivalent drug 3,869
for the purposes of sections 3715.01 to 3715.72 of the Revised 3,870
Code THIS CHAPTER if it has been listed by the federal food and 3,871
drug administration as having proven bioequivalence problems. 3,873
(17) "LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE 3,875
DRUGS" HAS THE SAME MEANING AS IN SECTION 4729.02 OF THE REVISED 3,876
89
CODE.
(B) For the purposes of sections 3715.52 to 3715.72 of the 3,878
Revised Code: 3,879
(1) If an article is alleged to be misbranded because the 3,881
labeling is misleading, or if an advertisement is alleged to be 3,882
false because it is misleading, then in determining whether the 3,883
labeling or advertisement is misleading, there shall be taken 3,884
into account, among other things, not only representations made 3,885
or suggested by statement, word, design, device, sound, or in any 3,886
combination thereof, but also the extent to which the labeling or 3,887
advertisement fails to reveal facts material in the light of such 3,888
representations or material with respect to consequence which may 3,889
result from the use of the article to which the labeling or 3,890
advertisement relates under the conditions of use prescribed in 3,891
the labeling or advertisement thereof or under such conditions of 3,892
use as are customary or usual. 3,893
(2) The provisions regarding the selling of food, drugs, 3,895
devices, or cosmetics include the manufacture, production, 3,896
processing, packing, exposure, offer, possession, and holding of 3,897
any such article for sale; and the sale, dispensing, and giving 3,898
of any such article, and the supplying or applying of any such 3,899
articles in the conduct of any food, drug, or cosmetic 3,900
establishment, but. THE PROVISIONS do not prohibit the 3,902
administering or dispensing of a drug or device by a member of 3,904
the medical, dental, or veterinary profession in good faith in 3,905
the course of professional practice only A LICENSED HEALTH 3,906
PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS FROM ADMINISTERING OR 3,907
PERSONALLY FURNISHING A DRUG OR DEVICE TO A PATIENT. 3,908
(3) The representation of a drug, in its labeling or 3,910
advertisement, as an antiseptic is a representation that it is a 3,911
germicide, except in the case of a drug purporting to be, or 3,912
represented as, an antiseptic for inhibitory use as a wet 3,913
dressing, ointment, dusting powder, or such other use as THAT 3,915
involves prolonged contact with the body.
90
(4) Whenever jurisdiction is vested in the director OF 3,917
AGRICULTURE or the STATE board of pharmacy, the jurisdiction of 3,919
the board of pharmacy shall be limited to the sale, offering for 3,921
sale, giving away, delivery, or dispensing in any manner of drugs 3,922
at the wholesale and retail levels or to the consumer and shall 3,923
be exclusive in the case of such sale, offering for sale, giving 3,924
away, delivery, or dispensing in any manner of drugs at the 3,925
wholesale and retail levels or to the consumer in any place where 3,926
prescriptions are dispensed or compounded. 3,927
(C)(5) To assist in effectuating the provisions of THOSE 3,930
sections 3715.52 to 3715.72 of the Revised Code, the director OF 3,931
AGRICULTURE or STATE board of pharmacy may request assistance or 3,933
data from any government or private agency or individual. 3,934
Sec. 3715.03. The director of agriculture, in the 3,943
performance of his PERFORMING duties UNDER THIS CHAPTER, may 3,945
enter a creamery, factory, store salesroom, drugstore PHARMACY, 3,946
laboratory, or other place where he THE DIRECTOR believes or has 3,947
reason to believe drugs, food, or drink is made, prepared, 3,949
dispensed, sold, or offered for sale; examine the books therein; 3,950
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 3,951
examine THE CONTENTS or cause THEM to be examined and analyzed 3,953
the contents thereof.
Sec. 3715.52. (A) As used in sections 3715.52 to 3715.72 3,962
of the Revised Code, "practitioner" has the same meaning as in 3,963
section 4729.02 of the Revised Code. 3,964
(B) The following acts and causing them are prohibited: 3,966
(1) The manufacture, sale, or delivery, holding or 3,968
offering for sale of any food, drug, device, or cosmetic that is 3,969
adulterated or misbranded; 3,970
(2) The adulteration or misbranding of any food, drug, 3,972
device, or cosmetic; 3,973
(3) The receipt in commerce of any food, drug, device, or 3,975
cosmetic that is adulterated or misbranded, and the delivery or 3,976
91
proffered delivery thereof for pay or otherwise; 3,977
(4) The sale, delivery for sale, holding for sale, or 3,979
offering for sale of any article in violation of section 3715.61 3,980
or 3715.65 of the Revised Code; 3,981
(5) The dissemination of any false advertisement; 3,983
(6) The refusal to permit entry or inspection, or to 3,985
permit the taking of a sample, as authorized by section 3715.70 3,986
of the Revised Code; 3,987
(7) The giving of a guaranty or undertaking which guaranty 3,989
or undertaking THAT is false, except by a person who relied on a 3,990
guaranty or undertaking to the same effect signed by, and 3,991
containing the name and address of the person residing in this 3,992
state from whom the person received in good faith the food, drug, 3,994
device, or cosmetic; 3,995
(8) The removal or disposal of a detained or embargoed 3,997
article in violation of section 3715.55 of the Revised Code; 3,998
(9) The alteration, mutilation, destruction, obliteration, 4,000
or removal of the whole or any part of the labeling of, or the 4,001
doing of any other act with respect to a food, drug, device, or 4,002
cosmetic, if such THE act is done while such THE article is held 4,004
for sale and results in such THE article being misbranded; 4,005
(10) Forging, counterfeiting, simulating, or falsely 4,007
representing, or without proper authority using any mark, stamp, 4,008
tag, label, or other identification device authorized or required 4,009
by regulations promulgated under RULES ADOPTED PURSUANT TO 4,010
sections 3715.52 to 3715.72 of the Revised Code; 4,012
(11) The using, on the labeling of any drug or in any 4,014
advertisement relating to such A drug, of any representation or 4,015
suggestion that any application with respect to such THE drug is 4,016
effective under section 3715.65 of the Revised Code or that such 4,017
THE drug complies with the provisions of such THAT section; 4,019
(12) The sale, offering for sale, giving away, or delivery 4,021
at retail or to the consumer without a prescription from a 4,022
practitioner of any drug which under federal or Ohio law can be 4,023
92
sold only on prescription; 4,024
(13) The using by any person to the person's own 4,026
advantage, or revealing, other than to the director of 4,027
agriculture or to the courts when relevant in any judicial 4,028
proceeding under sections 3715.52 to 3715.72 of the Revised Code, 4,029
any information acquired under authority of sections 3715.01 and 4,030
3715.52 to 3715.72 of the Revised Code, concerning any 4,031
information which THAT as a trade secret is entitled to 4,032
protection;
(14)(13) The issuance by the manufacturer, packer, or 4,034
distributor of a dangerous drug of any advertisements, 4,035
catalogues, or price lists, except those lists specifically 4,036
designed for disseminating price change information, that do not 4,037
contain in clearly legible form the name and place of business of 4,038
the manufacturer who mixed the final ingredients and if 4,039
different, the manufacturer who produced the drug in its finished 4,040
dosage form and, if different, the packer or distributor. 4,041
(C)(B)(1) No person at a flea market shall sell, offer for 4,043
sale, or knowingly permit the sale of any of the following 4,044
products: 4,045
(a) Baby food, infant formula, or similar products; 4,048
(b) Any drug, cosmetic, or device; 4,050
(c) Any product on which is printed or stamped an 4,052
expiration date or a date recommended by the manufacturer as 4,053
either the last day on which the product should be offered for 4,054
sale or the last day on which the product should be used. 4,055
(2) Division (C)(B)(1) of this section does not apply to a 4,058
person who keeps available for public inspection an 4,059
identification card identifying the person as an authorized 4,060
representative of the manufacturer or distributor of any drug, 4,061
cosmetic, or device, as long as the card is not false, 4,063
fraudulent, or fraudulently obtained.
(3) Division (C)(B)(1)(c) of this section does not apply 4,066
to a person or governmental entity that is licensed as a food 4,067
93
service operation under Chapter 3732. of the Revised Code or is 4,068
listed in division (A)(9) or (12) of section 3732.01 of the 4,069
Revised Code.
(4) As used in division (C)(B)(1) of this section, "flea 4,072
market" means any location, other than a permanent retail store,
at which space is rented or otherwise made available to others 4,073
for the conduct of business as transient or limited vendors as 4,074
defined in section 5739.17 of the Revised Code. 4,075
Sec. 3715.53. In addition to the remedies provided and 4,084
irrespective of whether or not there exists an adequate remedy at 4,085
law, the director of agriculture or the STATE board of pharmacy 4,086
is hereby authorized to apply to the court of common pleas in the 4,088
county wherein any of the provisions of section 3715.52 of the 4,089
Revised Code are being violated for a temporary or permanent
injunction restraining any person from such COMMITTING THE 4,090
violation. 4,091
Sec. 3715.54. (A) No person shall be subject to the 4,100
penalties prescribed in section 3715.99 of the Revised Code for 4,101
violating division (B)(A)(1) or (3) of section 3715.52 of the 4,103
Revised Code if he THE PERSON established a guaranty or 4,104
undertaking signed by, and containing the name and address of, 4,105
the person residing in this state from whom he THE PERSON 4,107
received in good faith the article, to the effect that such THE 4,109
article is not adulterated or misbranded within the meaning of 4,111
sections 3715.01 and 3715.52 to 3715.72 of the Revised Code.
(B) No publisher, radio-broadcast licensee, or agency or 4,113
medium for the dissemination of an advertisement, except the 4,114
manufacturer, packer, distributor, or seller of the article to 4,115
which a false advertisement relates, shall be liable under this 4,116
section by reason of the dissemination by him of such A false 4,117
advertisement.
Sec. 3715.55. (A) As used in this section, "expired" 4,127
means:
(1) In the case of a drug, that the expiration date 4,129
94
required by 21 C.F.R. 211.137 has passed; 4,130
(2) In the case of infant formula, the "use by" date 4,132
required by 21 C.F.R. 107.20 has passed; 4,135
(3) In the case of baby food, that any expiration date, 4,137
"use by" date, or sale date established by state or federal law 4,138
or marked on the container by the manufacturer, processor, or 4,139
packager has passed. 4,140
(B) Whenever the director of agriculture or the STATE 4,143
board of pharmacy finds or has cause to believe, that any food, 4,144
drug, device, or cosmetic is adulterated, or so misbranded as to 4,145
be dangerous or fraudulent, within the meaning of sections
3715.01 and 3715.52 to 3715.72 of the Revised Code, or that a 4,147
drug, infant formula, or baby food is expired, the director or 4,148
board shall affix to such THE article a tag or other appropriate 4,149
marking, giving notice that such THE article is, or is suspected 4,150
of being, adulterated, misbranded, or expired and has been 4,153
detained or embargoed, and warning all persons not to remove or 4,154
dispose of such THE article by sale or otherwise until permission 4,155
for removal or disposal is given by the director or the board or 4,157
the court. No person may remove or dispose of such A detained or 4,158
embargoed article by sale or otherwise without such permission. 4,159
(C) When an article detained or embargoed has been found 4,161
by the director or the board of pharmacy to be adulterated, 4,162
misbranded, or expired, the director or board shall petition the 4,164
municipal or county court in whose jurisdiction the article is 4,165
detained or embargoed for an order for condemnation of such THE 4,166
article. When the director or the board has not found within ten 4,168
days that an article so detained or embargoed is adulterated, 4,169
misbranded, or expired, the director or board shall remove the 4,171
tag or other marking.
(D) If the court finds that a detained or embargoed 4,173
article is adulterated, misbranded, or expired, such THE article 4,175
shall, after entry of the decree, be destroyed at the expense of 4,176
the claimant thereof, under the supervision of the director or 4,177
95
the board, and all court costs, fees, storage, and other proper 4,178
expenses shall be taxed against the claimant of such THE article 4,179
or the claimant's agent; provided, that when the adulteration or 4,182
misbranding can be corrected by proper labeling or processing of 4,184
the article, the court, after entry of the decree and after such 4,185
costs, fees, and expenses have been paid and a good and 4,186
sufficient bond, conditioned that such THE article shall be so 4,187
labeled or processed, has been executed, may by order direct that 4,189
such THE article be delivered to the claimant thereof for such 4,190
labeling or processing under the supervision of the director or 4,191
the board. The expense of such supervision shall be paid by the 4,192
claimant. Such THE bond shall be returned to the claimant of the 4,194
article on representation to the court by the director or the 4,195
board that the article is no longer in violation of sections 4,197
3715.01 and 3715.52 to 3715.72 of the Revised Code, and that the 4,199
expenses of such supervision have been paid.
(E) Whenever the director finds in any room, building, 4,201
vehicle of transportation, or other structure, any meat, sea 4,202
food, poultry, vegetable, fruit, or other perishable articles 4,203
which THAT are unsound, or contain any filthy, decomposed, or 4,204
putrid substance, or which THAT may be poisonous or deleterious 4,206
to health or otherwise unsafe, such THE articles are declared to 4,208
be a nuisance, and the director shall forthwith condemn or 4,210
destroy the same ARTICLES, or in any other manner render the same 4,212
ARTICLES unsalable as human food. 4,213
Sec. 3715.56. The attorney general, prosecuting attorney, 4,222
or city director of law to whom the director of agriculture or 4,223
the STATE board of pharmacy reports any violation of sections 4,225
3715.01 and 3715.52 to 3715.72 of the Revised Code, shall cause 4,226
appropriate proceedings to be instituted in the proper court
without delay and to be prosecuted in the manner required by law. 4,227
Before THE DIRECTOR OF AGRICULTURE, BEFORE REPORTING any 4,228
violation of sections 3715.01 and 3715.52 to 3715.72 of the 4,229
Revised Code, is reported to any such attorney for the 4,230
96
institution of a criminal proceeding, SHALL GIVE the person 4,231
against whom the proceeding is contemplated shall be given 4,232
appropriate notice and an opportunity to present his views 4,233
TESTIMONY before the director or the board of pharmacy, either 4,234
orally or in writing, in person, or by attorney, with regard to 4,235
the contemplated proceeding.
Sec. 3715.57. Nothing in sections 3715.01 and 3715.52 to 4,244
3715.72, inclusive, of the Revised Code, shall be construed as 4,246
requiring the director of agriculture or the STATE board of 4,247
pharmacy to report minor violations for the institution of 4,249
proceedings under sections 3715.01 and 3715.52 to 3715.72,
inclusive, of the Revised Code, whenever the director or the 4,250
board of pharmacy believes that the public interest will be 4,252
adequately served in the circumstances by a suitable written 4,253
notice or warning.
Sec. 3715.59. Food is adulterated within the meaning of 4,262
sections 3715.01, 3715.02, and 3715.52 to 3715.72 of the Revised 4,264
Code, if ANY OF THE FOLLOWING APPLY:
(A) It bears or contains any poisonous or deleterious 4,266
substance which THAT may render it injurious to health; but in 4,268
case the substance is not an added substance, such THE food shall 4,269
not be considered adulterated if the quantity of such THE 4,271
substance in such THE food does not ordinarily render it 4,272
injurious to health.
(B) It bears or contains any added poisonous or added 4,274
deleterious substance which THAT is unsafe within the meaning of 4,275
section 3715.62 of the Revised Code. 4,276
(C) It consists in whole or in part of a diseased, 4,278
contaminated, filthy, putrid, or decomposed substance, or if it 4,279
is otherwise unfit for food.
(D) It has been produced, processed, prepared, packed, or 4,281
held under insanitary UNSANITARY conditions whereby it may have 4,282
become contaminated with filth, or whereby it may have been 4,284
rendered diseased, unwholesome, or injurious to health. 4,285
97
(E) It is the product of a diseased animal or an animal 4,287
which THAT has died otherwise than by slaughter, or AN ANIMAL 4,289
that has been fed upon the uncooked offal from a slaughterhouse. 4,291
(F) Its container is composed, in whole or in part, of any 4,293
poisonous or deleterious substance which THAT may render the 4,294
contents injurious to health. 4,295
(G) Any valuable constituent has been, in whole or in 4,297
part, omitted or abstracted therefrom FROM THE FOOD. 4,298
(H) Any substance has been substituted wholly or in part 4,300
therefor FOR THE FOOD. 4,301
(I) Damage or inferiority has been concealed in any 4,303
manner.
(J) Any substance has been added thereto TO or mixed or 4,305
packed therewith WITH THE FOOD so as to increase its bulk or 4,307
weight, or reduce its quality or strength, or make it appear 4,309
better or of greater value than it is.
(K) It is confectionery, and it bears or contains any 4,311
alcohol or nonnutritive article or substance except OTHER THAN 4,313
harmless coloring, harmless flavoring, harmless resinous glaze 4,315
not in excess of four-tenths of one per cent, harmless natural
wax not in excess of four-tenths of one per cent, harmless 4,316
natural gum, and OR pectin; provided, EXCEPT that this division 4,318
shall not apply to any confectionery by reason of its containing 4,320
less than one-half of one per cent by volume of alcohol derived 4,321
solely from the use of flavoring extracts, or to any chewing gum 4,322
by reason of its containing harmless nonnutritive masticatory
substances.
(L) It bears or contains a coal-tar color other than one 4,324
from a batch which has been certified under authority of the 4,325
"Federal Food, Drug, and Cosmetic Act.," 52 STAT. 1040 (1938), 21 4,327
U.S.C.A. 301, AS AMENDED.
Sec. 3715.63. A drug or device is adulterated within the 4,336
meaning of sections 3715.01 and 3715.52 to 3715.72, inclusive, of 4,337
the Revised Code, if ANY OF THE FOLLOWING APPLY: 4,338
98
(A) It consists, in whole or in part, of any filthy, 4,340
putrid, or decomposed substance. 4,341
(B) It has been produced, processed, prepared, packed, or 4,343
held under insanitary UNSANITARY conditions whereby it may have 4,344
been contaminated with filth, or whereby it may have been 4,346
rendered injurious to health.
(C) It is a drug and its container is composed, in whole 4,348
or in part, of any poisonous or deleterious substance which THAT 4,349
may render the contents injurious to health. 4,351
(D) It is a drug and it bears or contains, for purposes of 4,353
coloring only, a coal-tar color other than one from a batch 4,354
certified under the authority of the "Federal Food, drug DRUG, 4,356
and Cosmetic Act.," 52 STAT. 1040 (1938), 21 U.S.C.A. 301, AS 4,358
AMENDED.
(E) It purports to be or is represented as a drug the name 4,360
of which is recognized in an official compendium THE UNITED 4,362
STATES PHARMACOPOEIA AND NATIONAL FORMULARY, OR ANY SUPPLEMENT TO 4,364
THEM, and its strength differs from, or its quality or purity 4,365
falls below the standard set forth in such compendium THOSE 4,366
COMPENDIUMS. Such A determination as to strength, quality, or 4,367
purity shall be made in accordance with the tests or methods of 4,368
assay set forth in such compendium THE COMPENDIUMS, or in the 4,369
absence or inadequacy of such tests or methods of assay, those 4,370
prescribed under the authority of the federal act. No "FEDERAL 4,372
FOOD, DRUG, AND COSMETIC ACT." A drug defined RECOGNIZED in an 4,373
official compendium THE COMPENDIUMS is NOT adulterated under this 4,374
division because it differs from the standard of strength, 4,377
quality, or purity therefor set forth FOR THAT DRUG in such 4,378
compendium THE COMPENDIUMS, if its THE difference in strength, 4,380
quality, or purity from such standard is plainly stated on its 4,382
label. Whenever a drug is recognized in both the United States 4,383
pharmacopoeia and the homoeopathic pharmacopoeia of the United 4,385
States AND IN THE UNITED STATES PHARMACOPOEIA AND NATIONAL 4,386
FORMULARY, INCLUDING THEIR SUPPLEMENTS, it shall be subject to 4,387
99
the requirements of the United States pharmacopoeia AND NATIONAL 4,389
FORMULARY unless it is labeled and offered for sale as a
homoeopathic drug, in which case it shall be subject to the 4,391
provisions of the homoeopathic pharmacopoeia of the United States 4,392
and not to those of the United States pharmacopoeia AND NATIONAL 4,393
FORMULARY.
(F) It is not subject to the provisions of division (E) of 4,395
this section, and its strength differs from, or its purity or 4,396
quality falls below that which it purports or is represented to 4,398
possess.
(G) It is a drug and any substance has been: 4,400
(1) Mixed or packed therewith WITH THE DRUG so as to 4,402
reduce its THE DRUG'S quality or strength; 4,403
(2) Substituted wholly or in part therefor FOR THE DRUG. 4,405
Sec. 3715.64. (A) A drug or device is misbranded within 4,414
the meaning of sections 3715.01 and 3715.52 to 3715.72 of the 4,415
Revised Code, if: 4,416
(1) Its labeling is false or misleading in any particular. 4,418
(2) It is in package form and does not bear a label 4,420
containing BOTH OF THE FOLLOWING: 4,421
(a) In clearly legible form, the name and place of 4,423
business of the manufacturer, packer, or distributor; 4,424
(b) An accurate statement of the quantity of the contents 4,426
in terms of weight, measure, or numerical count; but reasonable 4,427
variations shall be permitted, and exemptions as to small 4,428
packages shall be APPLY AS established by regulations prescribed 4,430
RULES ADOPTED by the director of agriculture OR STATE BOARD OF 4,431
PHARMACY.
(3) It is a dangerous drug and does not bear a label 4,433
containing in clearly legible form the name and place of business 4,434
of the manufacturer of the finished dosage form and, if 4,435
different, the packer or distributor. 4,436
(4) It is a dangerous drug in finished solid oral dosage 4,438
form, unless AND it has DOES NOT HAVE clearly and prominently 4,440
100
marked or imprinted on it an individual symbol, company name, 4,441
national drug code number or other number, words, letters, or any 4,442
combination thereof, identifying the drug and its manufacturer or 4,443
distributor. This requirement does not apply to drugs that are 4,444
compounded by a registered LICENSED pharmacist. The manufacturer 4,446
or distributor of each such drug shall make available to the 4,447
state board of pharmacy descriptive material identifying the mark 4,448
or imprint used by the manufacturer or distributor. The board of 4,449
pharmacy shall provide this information to all poison control 4,450
centers in the THIS state. Upon application by a manufacturer or 4,452
distributor, the board may exempt a drug from the requirements of 4,453
this division on the grounds that marking or imprinting such 4,454
drugs THE DRUG is not feasible because of its size, texture, or 4,455
other unique characteristic. 4,457
(5) Any word, statement, or other information THAT IS 4,459
required by or under authority of sections 3715.01 and 3715.52 to 4,460
3715.72 of the Revised Code, to appear on the label or labeling 4,461
is not prominently placed thereon with such conspicuousness ON 4,462
THE LABEL OR LABELING IN A CONSPICUOUS MANNER, as compared with 4,464
other words, statements, designs, or devices, in ON the LABEL OR 4,465
labeling, and in such terms as to THAT render it likely to be 4,466
read and understood by the ordinary individual under customary 4,467
conditions of purchase and use. 4,468
(6) It is for use by man and contains any quantity of the 4,470
narcotic or hypnotic substance alpha-eucaine, barbituric acid, 4,471
beta-eucaine, bromal, cannabis, cabromal, chloral, coca, cocaine, 4,472
codeine, heroin, marijuana, morphine, opium, paraldehyde, peyote, 4,473
or sulphonmethane, or any chemical derivative of such substance, 4,474
which derivative has been found by the director to be, and by 4,476
regulations proposed by the director and adopted by the public 4,478
health council designated as, habit forming, unless its label 4,479
bears the name and quantity or proportion of such substance or 4,480
derivative and in juxtaposition therewith the statement "Warning 4,481
-- May be habit forming." 4,482
101
(7) It is a drug and it is not designated solely by a name 4,484
recognized in an official compendium THE UNITED STATES 4,486
PHARMACOPOEIA AND NATIONAL FORMULARY, OR ANY SUPPLEMENT TO THEM, 4,488
unless its label bears:
(a) The common or usual name of the drug, if any; 4,490
(b) In case it is fabricated from two or more ingredients, 4,492
the common or usual name of each active ingredient THE DRUG 4,493
CONTAINS, including the kind and quantity or proportion of any 4,495
alcohol, and also including whether active or not, the name and 4,496
quantity or proportion of any bromides, ether, chloroform, 4,497
acetanalid, acetophenetidin, aminopyrine, atropine, hyoscine, 4,498
hyoscyamine, arsenic, digitalis, digitalis glycosides, mercury, 4,499
ouabain, strophanthin, strychnine, thyroid, or any derivative or 4,500
preparation of any such substances, contained therein; but to the 4,501
extent that compliance with these requirements is impracticable, 4,502
exemptions shall be APPLY AS established by regulations proposed 4,504
by the director and RULES adopted by the public health council 4,505
DIRECTOR OF AGRICULTURE OR STATE BOARD OF PHARMACY. 4,506
(8)(7) Its labeling does not bear THE FOLLOWING: 4,508
(a) Adequate directions for use OF THE DRUG OR DEVICE, 4,510
EXCEPT THAT WHEN COMPLIANCE WITH THIS REQUIREMENT IS NOT 4,511
NECESSARY FOR A PARTICULAR DRUG OR DEVICE TO PROTECT THE PUBLIC 4,512
HEALTH, THE DIRECTOR SHALL ADOPT RULES EXEMPTING THE DRUG OR 4,513
DEVICE FROM THE REQUIREMENT;
(b) Such adequate ADEQUATE warnings against use in those 4,515
pathological conditions or by children where WHEN its use may be 4,516
dangerous to health, or against unsafe dosage or methods or 4,517
duration of administration or application, PRESENTED in such A 4,519
manner and form, as are necessary for the protection of users; 4,520
(c) Where compliance with any requirements of division 4,522
(A)(8)(a) of this section, as applied to any drug or device, is 4,523
not necessary for the protection of the public health, the 4,524
director shall propose and the public health council shall adopt 4,525
regulations exempting such drug or device from such requirements. 4,526
102
(9)(8) It purports to be a drug the name of which is 4,528
recognized in an official compendium, unless THE UNITED STATES 4,530
PHARMACOPOEIA AND NATIONAL FORMULARY, OR ANY SUPPLEMENT TO THEM, 4,531
AND it is NOT packaged and labeled as prescribed therein, but IN 4,532
THOSE COMPENDIUMS, EXCEPT THAT the method of packing may be 4,533
modified with the consent of the director OF AGRICULTURE. 4,534
Whenever a drug is recognized in both the United States 4,536
pharmacopoeia and the homoeopathic pharmacopoeia of the United 4,537
States AND IN THE UNITED STATES PHARMACOPOEIA AND NATIONAL 4,538
FORMULARY, INCLUDING THEIR SUPPLEMENTS, it shall be subject to 4,541
the requirements of the United States pharmacopoeia AND NATIONAL 4,542
FORMULARY with respect to packaging and labeling unless it is 4,543
labeled and offered for sale as a homoeopathic drug, in which 4,544
case it shall be subject to the provisions of the homoeopathic 4,545
pharmacopoeia of the United States, and not to those of the 4,546
United States pharmacopoeia AND NATIONAL FORMULARY. 4,547
(10)(9) It has been found by the director OF AGRICULTURE 4,550
to be a drug liable to deterioration, unless it is packaged in 4,552
such THE form and manner, and its label bears a statement of such 4,554
precautions, as required by regulations proposed by the director 4,555
and RULES adopted by the public health council DIRECTOR as 4,557
necessary for the protection of public health. No such 4,558
regulation RULE shall be established for any drug recognized in 4,559
an official compendium THE UNITED STATES PHARMACOPOEIA AND 4,560
NATIONAL FORMULARY, OR ANY SUPPLEMENTS TO THEM, until the 4,562
director has informed the appropriate body BODIES charged with 4,563
the revision of such compendium THOSE COMPENDIUMS of the need for 4,564
such packaging or labeling requirements and such body has THOSE 4,566
BODIES HAVE failed within a reasonable time to prescribe such 4,567
requirements. 4,568
(11)(10)(a) It is a drug and its container is so made, 4,570
formed, or filled as to be misleading. 4,572
(b) It is an imitation of another drug. 4,574
(c) It is offered for sale under the name of another drug. 4,576
103
(d) The drug sold or dispensed is not the brand or drug 4,578
specifically prescribed or ordered or, when dispensed by a 4,579
pharmacist upon prescription, is neither the brand or drug 4,580
prescribed nor a generically equivalent drug. 4,581
(12)(11) It is dangerous to health when used in the 4,583
dosage, or with the frequency or duration prescribed, 4,585
recommended, or suggested in the ITS labeling thereof. 4,586
(13)(12) It is a drug intended for HUMAN use by man TO 4,589
which THE FOLLOWING APPLY: 4,590
(a) Because of its toxicity or other potentiality for 4,592
harmful effect, or the method of its use, or the collateral 4,593
measures necessary to its use, THE DRUG is not safe for use 4,594
except under the supervision of a practitioner, or person 4,596
licensed to prescribe any drug which, under the federal act, 4,597
federal narcotic law, as defined in section 4729.02 of the 4,598
Revised Code, and under sections 3715.01 to 3715.75, or Chapter 4,599
3719. of the Revised Code, may be dispensed only upon a 4,600
prescription LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE 4,601
DRUGS; 4,602
(b) Is THE DRUG IS limited by an effective application 4,604
under section 505 of the "Federal Food, Drug, and Cosmetic Act," 4,605
52 STAT. 1040 (1938), 21 U.S.C.A. 301, AS AMENDED, to use under 4,607
professional supervision by a practitioner LICENSED HEALTH
PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, unless it is 4,608
dispensed only:
(i) Upon a written OR ELECTRONIC prescription of a 4,610
practitioner; 4,611
(ii) Upon the AN oral prescription of a practitioner, 4,614
which is reduced promptly to writing by the pharmacist; 4,616
(iii) By refilling any such written or oral A prescription 4,618
if such refilling is authorized by the prescriber either in the 4,619
original prescription or by oral order, which is promptly reduced 4,620
to writing by the pharmacist. 4,621
(B) Any drug dispensed by filling or refilling PURSUANT TO 4,623
104
a written, ELECTRONIC, or oral prescription of a practitioner, or 4,625
person licensed to prescribe any drug which, under the federal 4,627
act, federal narcotic law, as defined in section 4729.02 of the 4,628
Revised Code, or under sections 3715.01 to 3715.75, or Chapter 4,629
3719. of the Revised Code, may be dispensed only upon a 4,630
prescription LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE 4,631
DRUGS shall be exempt from the requirements of division (A) of 4,634
this section, except divisions (A)(1) and (11)(10) of this 4,635
section, if the drug bears a label containing the name and 4,636
address of the dispenser, the serial number and THE date of the 4,638
prescription or its filling IS DISPENSED, the name of the 4,639
prescriber, and, if stated in the prescription, the name of the 4,641
patient, and, IF STATED IN THE PRESCRIPTION, the directions for 4,642
use and cautionary statements, if any, contained in the
prescription. Unless the prescription directions prohibit 4,644
labeling, the label shall include the brand name of the drug
dispensed. If the drug dispensed has no brand name, the generic 4,645
name and the distributor of the finished dosage form shall be 4,646
included. This exemption shall not apply to any drug dispensed 4,647
in the course of the conduct of a business of dispensing drugs 4,648
pursuant to diagnosis by mail.
Sec. 3715.65. (A) No person shall sell, deliver, offer 4,657
for sale, hold for sale, or give away any new drug unless: 4,658
(1) An application with respect thereto TO THE DRUG has 4,660
become effective under section 505 of the "Federal Food, Drug, 4,661
and Cosmetic Act.," 52 STAT. 1040 (1938), 21 U.S.C.A. 301, AS 4,663
AMENDED.
(2) When such IF THE drug is not subject to the federal 4,665
act unless it "FEDERAL FOOD, DRUG, AND COSMETIC ACT," THE DRUG 4,667
has been tested and has been found to be safe for use under the 4,669
conditions prescribed, recommended, or suggested in the ITS 4,670
labeling thereof, and, prior to selling THE DRUG or offering IT 4,672
for sale such drug, there has been filed with the director of 4,673
agriculture an application setting forth ALL OF THE FOLLOWING: 4,674
105
(a) Full reports of investigations which THAT have been 4,676
made to show whether or not such THE drug is safe for use; 4,677
(b) A full list of the articles used as components of such 4,679
THE drug; 4,680
(c) A full statement of the DRUG'S composition of such 4,682
drug;
(d) A full description of the methods used in, and the 4,684
facilities and controls used for, the manufacture, processing, 4,685
and packing of such THE drug; 4,686
(e) Such samples of such SAMPLES, AS THE DIRECTOR MAY 4,688
REQUIRE, OF THE drug and of the articles used as components 4,690
thereof as the director may require OF THE DRUG;
(f) Specimens of the labeling proposed to be used for such 4,692
THE drug. 4,693
(B) An application provided for in division (A)(2) of this 4,695
section shall become effective sixty days after the filing 4,696
thereof IT IS FILED, except that if the director finds after due 4,697
notice to the applicant and after giving him THE APPLICANT an 4,699
opportunity for a hearing, that the drug is not safe for use 4,701
under the conditions prescribed, recommended, or suggested in the 4,702
DRUG'S proposed labeling thereof, he THE DIRECTOR shall, prior to 4,703
the effective date of the application, issue an order refusing to 4,704
permit the application to become effective. THE ORDER MAY BE 4,705
REVOKED BY THE DIRECTOR.
(C) This section does not apply to THE FOLLOWING: 4,707
(1) A drug intended solely for investigational use by 4,709
experts qualified by scientific training and experience to 4,710
investigate the safety in OF drugs provided THAT the drug is 4,712
plainly labeled "For investigational use only"; 4,713
(2) A drug sold in this state at any time prior to the 4,715
enactment of sections 3715.01 and 3715.52 to 3715.72, inclusive, 4,716
of the Revised Code, or introduced into interstate commerce at 4,717
any time prior to the enactment of the federal act "FEDERAL FOOD, 4,719
DRUG, AND COSMETIC ACT"; 4,720
106
(3) Any drug which THAT is licensed under the "Public 4,722
Health Service Act," of July 1, 1944 (42 U.S.C. Supp. V 201) 58 4,724
STAT. 682 (1944), 42 U.S.C.A. 301, AS AMENDED, or under the 4,726
"Animal Virus-Serum-Toxin Law ACT," of March 4, 1913 (21 U.S.C. 4,727
151) 37 STAT. 832 (1913), 21 U.S.C.A. 151, AS AMENDED. 4,728
(D) An order refusing to permit an application under this 4,730
section to become effective may be revoked by the director. 4,731
Sec. 3715.66. (A) A cosmetic is adulterated within the 4,740
meaning of sections 3715.01 and 3715.52 to 3715.72, inclusive, of 4,742
the Revised Code, if:
(A)(1) It bears or contains any poisonous or deleterious 4,744
substance which THAT may render it injurious to users under the 4,746
conditions of use prescribed in the labeling or advertisement 4,747
thereof OF THE COSMETIC, or under such conditions of use as THAT 4,748
are customary or usual; provided, EXCEPT that this provision does 4,749
not apply to coal-tar hair dye, the IF BOTH OF THE FOLLOWING 4,751
CONDITIONS ARE MET:
(a) THE label of which bears the following legend 4,753
conspicuously displayed thereon: "Caution-This product contains 4,757
ingredients which may cause skin irritation on certain 4,758
individuals and a preliminary test according to accompanying 4,759
directions should first be made. This product must not be used
for dyeing the eyelashes or eyebrows; to do so may cause 4,760
blindness,." and the 4,761
(b) THE labeling of which bears adequate directions for 4,764
such preliminary testing. For the purpose of this division and 4,765
division (E) of this section the term "hair dye" does not include 4,766
eyelash dyes or eyebrows dyes.
(B)(2) It contains, in whole or in part, any filthy, 4,768
putrid or decomposed substance. 4,770
(C)(3) It has been produced, processed, prepared, packed, 4,772
or held under insanitary UNSANITARY conditions whereby it may 4,774
have become contaminated with filth, or whereby it may have been 4,776
rendered injurious to health.
107
(D)(4) Its container is composed, in whole or in part, of 4,778
any poisonous or deleterious substance which THAT may render the 4,780
contents injurious to health. 4,781
(E)(5) It is not a hair dye and it bears or contains a 4,783
coal-tar color other than one from a batch which has been 4,785
certified under authority of the "Federal Food, Drug, and 4,787
Cosmetic Act.," 52 STAT. 1040 (1938), 21 U.S.C.A. 301, AS 4,789
AMENDED.
(B) FOR PURPOSES OF DIVISIONS (A)(1) AND (5) OF THIS 4,791
SECTION, "HAIR DYE" DOES NOT INCLUDE EYELASH DYE OR EYEBROW DYE. 4,792
Sec. 3715.69. The authority to adopt rules for the 4,801
enforcement of section 3715.02, divisions (E), (G), (H), and (I) 4,804
of section 3715.60, division (A)(2) of section 3715.64, and 4,806
section 3715.67 of the Revised Code is vested in the director of 4,807
agriculture. The authority to adopt rules for the enforcement of 4,809
sections 3715.01 and 3715.52 to 3715.72 of the Revised Code, 4,811
excluding divisions (E), (G), (H), and (I) of section 3715.60, 4,813
division (A)(2) of section 3715.64, and section 3715.67 of the 4,814
Revised Code, is vested in the public health council, provided
that the rules are first proposed for adoption by the director OF 4,816
AGRICULTURE or the STATE board of pharmacy. The rules adopted in 4,817
so far as practicable shall conform with those THE REGULATIONS 4,819
promulgated under the "Federal Food, Drug, and Cosmetic Act," 52 4,821
Stat. 1040 (1938), 21 U.S.C.A. 301-395 (1996) 301, AS AMENDED. 4,822
Sec. 3715.70. (A) The director of agriculture or the 4,831
STATE board of pharmacy shall have free access at all reasonable 4,833
hours to any factory, warehouse, or establishment in which foods, 4,834
drugs, devices, or cosmetics are manufactured, processed, packed, 4,835
or held for introduction into commerce, or to enter any vehicle 4,836
being used to transport or hold such foods, drugs, devices, or 4,837
cosmetics in commerce, for the purpose FOLLOWING PURPOSES: 4,838
(A) Of inspecting such (1) TO INSPECT THE factory, 4,840
warehouse, establishment, or vehicle to determine if any of the 4,842
provisions of sections 3715.01 or 3715.52 to 3715.72, inclusive, 4,843
108
of the Revised Code, are being violated; 4,844
(B)(2) To secure samples of specimens of any food, drug, 4,847
device, or cosmetic after paying or offering to pay for such
sample. 4,848
(B) The director or the board of pharmacy shall make or 4,850
cause to be made examinations of samples secured under the 4,851
provisions of this section to determine whether or not any 4,852
provisions of sections 3715.01 and 3715.52 to 3715.72, inclusive, 4,853
of the Revised Code, are being violated. 4,854
Sec. 3715.71. (A) The director of agriculture or the 4,863
STATE board of pharmacy may cause to be published from time to 4,865
time reports summarizing all judgments, decrees, and court orders 4,866
which THAT have been rendered under sections 3715.01 and 3715.52 4,868
to 3715.72, inclusive, of the Revised Code, including the nature 4,869
of the charge and the disposition thereof. 4,870
(B) The director or the board of pharmacy may also cause 4,872
to be disseminated such ANY information regarding food, drugs, 4,875
devices, and cosmetics as THAT the director or the board of 4,877
pharmacy deems necessary in the interest of public health and the 4,879
protection of the consumer against fraud. Nothing
NOTHING in this section shall be construed to prohibit the 4,882
director or the board of pharmacy from collecting, reporting, and 4,884
illustrating the results of the investigations of CONDUCTED BY 4,885
the director or the board of pharmacy. 4,886
Sec. 3715.73. (A) All fines or forfeited bonds assessed 4,895
and collected under prosecution by the director of agriculture or 4,896
prosecution commenced by the director in enforcement of sections 4,897
3715.01 to 3715.72, inclusive, of the Revised Code, THIS CHAPTER 4,898
shall, within thirty days, be paid to the director and by him THE 4,899
DIRECTOR paid into the state treasury. 4,900
(B) All fines or forfeited bonds assessed and collected 4,902
under prosecution by the STATE board of pharmacy or prosecution 4,903
commenced by the board in enforcement of sections 3715.01 to 4,905
3715.72, inclusive, of the Revised Code, THIS CHAPTER shall, 4,906
109
within thirty days, be paid to the secretary EXECUTIVE DIRECTOR 4,907
of the board and by him THE EXECUTIVE DIRECTOR paid into the 4,908
state treasury. 4,909
Sec. 3719.01. As used in this chapter: 4,918
(A) "Administer" means the direct application of a drug, 4,920
whether by injection, inhalation, ingestion, or any other means 4,921
to a person or an animal. 4,922
(B) "Board" means the state board of pharmacy established 4,924
by section 4729.01 of the Revised Code. 4,925
(C) "Drug enforcement administration" means the drug 4,927
enforcement administration of the United States department of 4,928
justice or its successor agency. 4,929
(D)(C) "Controlled substance" means a drug, compound, 4,931
mixture, preparation, or substance included in schedule I, II, 4,932
III, IV, or V. 4,933
(E)(D) "Dangerous drug" has the same meaning as in section 4,935
4729.02 4729.01 of the Revised Code. 4,937
(F)(E) "Dispense" means to sell, leave with, give away, 4,939
dispose of, or deliver. 4,941
(G)(F) "Distribute" means to deal in, ship, transport, or 4,943
deliver but does not include administering or dispensing a drug. 4,944
(H)(G) "Drug" has the same meaning as in section 4729.02 4,947
4729.01 of the Revised Code. 4,949
(I)(H) "Drug abuse offense," "felony drug abuse offense," 4,951
"cocaine," and "hashish" have the same meanings as in section 4,953
2925.01 of the Revised Code. 4,954
(J)(I) "Federal drug abuse control laws" means the 4,956
"Comprehensive Drug Abuse Prevention and Control Act of 1970," 84 4,957
Stat. 1242, 21 U.S.C. 801, as amended. 4,958
(K)(J) "Hospital" means an institution for the care and 4,960
treatment of the sick and injured that is certified by the 4,961
department of health and approved by the state board of pharmacy 4,963
as proper to be entrusted with the custody of controlled 4,964
substances and the professional use of controlled substances 4,965
110
under the direction of a practitioner or pharmacist. 4,966
(L)(K) "Hypodermic" means a hypodermic syringe or needle, 4,968
or other instrument or device for the injection of medication. 4,970
(M)(L) "Isomer"," except as otherwise expressly stated, 4,973
means the optial OPTICAL isomer. 4,974
(N)(M) "Laboratory" means a laboratory approved by the 4,976
state board of pharmacy as proper to be entrusted with the 4,977
custody of controlled substances and the use of controlled 4,978
substances for scientific and clinical purposes and for purposes 4,979
of instruction.
(O)(N) "Manufacturer" means a person who plants, 4,981
cultivates, harvests, processes, makes, prepares, or otherwise 4,983
engages in any part of the production of MANUFACTURES a 4,984
controlled substance by propagation, compounding, conversion, or 4,986
processing, either directly or indirectly by extraction from 4,987
substances of natural origin, or independently by means of 4,988
chemical synthesis, or by a combination of extraction and 4,989
chemical synthesis, and includes any packaging or repackaging of 4,990
the substance or labeling or relabeling of its container and 4,991
other activities incident to production, except that a 4,992
"manufacturer" does not include a pharmacist who prepares,
compounds, packages, or labels a controlled substance as an 4,993
incident to dispensing a controlled substance in accordance with 4,994
a prescription and in the usual course of professional practice, 4,995
AS "MANUFACTURE" IS DEFINED IN SECTION 3715.01 OF THE REVISED 4,996
CODE.
(P)(O) "Marihuana" means all parts of a plant of the genus 4,998
cannabis, whether growing or not; the seeds of a plant of that 5,000
type; the resin extracted from a part of a plant of that type; 5,001
and every compound, manufacture, salt, derivative, mixture, or
preparation of a plant of that type or of its seeds or resin. 5,003
"Marihuana" does not include the mature stalks of the plant, 5,005
fiber produced from the stalks, oils or cake made from the seeds 5,006
of the plant, or any other compound, manufacture, salt, 5,007
111
derivative, mixture, or preparation of the mature stalks, except 5,008
the resin extracted from the mature stalks, fiber, oil or cake,
or the sterilized seed of the plant that is incapable of 5,009
germination.
(Q)(P) "Narcotic drugs" means coca leaves, opium, 5,011
isonipecaine, amidone, isoamidone, ketobemidone, as defined in 5,012
this division, and every substance not chemically distinguished 5,013
from them and every drug, other than cannabis, that may be 5,014
included in the meaning of "narcotic drug" under the federal drug 5,015
abuse control laws. "Coca AS USED IN THIS DIVISION: 5,016
(1) "COCA leaves" includes cocaine and any compound, 5,019
manufacture, salt, derivative, mixture, or preparation of coca 5,020
leaves, except derivatives of coca leaves, that do DOES not 5,021
contain cocaine, ecgonine, or substances from which cocaine or 5,022
ecgonine may be synthesized or made. "Isonipecaine 5,023
(2) "ISONIPECAINE" means any substance identified 5,026
chemically as 1-methyl-4-phenyl-piperidine-4-carboxylic acid 5,027
ethyl ester, or any salt thereof, by whatever trade name 5,028
designated. "Amidone
(3) "AMIDONE" means any substance identified chemically as 5,031
4-4-diphenyl-6-dimethylamino-heptanone-3, or any salt thereof, by 5,032
whatever trade name designated. "Isoamidone 5,033
(4) "ISOAMIDONE" means any substance identified chemically 5,036
as 4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3, or any salt 5,037
thereof, by whatever trade name designated. "Ketobemidone 5,038
(5) "KETOBEMIDONE" means any substance identified 5,041
chemically as 4-(3-hydroxyphenyl)-1-methyl-4-piperidyl ethyl 5,042
ketone hydrochloride, or any salt thereof, by whatever trade name 5,043
designated. 5,044
(R) of that nature of that nature "Nurse" means a person 5,046
licensed to engage in the practice of nursing in this state. 5,047
(S)(Q) "Official written order" means an order written on 5,049
a form provided for that purpose by the director of the United 5,050
States drug enforcement administration, under any laws of the 5,051
112
United States making provision for the order, if the order forms 5,052
are authorized and required by federal law. 5,053
(T)(R) "Opiate" means any substance having an 5,055
addiction-forming or addiction-sustaining liability similar to 5,056
morphine or being capable of conversion into a drug having 5,057
addiction-forming or addiction-sustaining liability. "Opiate" 5,059
does not include, unless specifically designated as controlled 5,060
under section 3719.41 of the Revised Code, the dextrorotatory 5,061
isomer of 3-methoxy-N-methylmorphinian 5,063
3-METHOXY-N-METHYLMORPHINAN and its salts (dextro-methorphan). 5,064
"Opiate" does include its racemic and levoratory forms. 5,065
(U)(S) "Opium poppy" means the plant of the species 5,067
papaver somniferum L., except its seeds. 5,068
(V)(T) "Person" means any individual, corporation, 5,070
government, governmental subdivision or agency, business trust, 5,072
estate, trust, partnership, association, or other legal entity. 5,073
(W)(U) "Pharmacist" means a person registered with the 5,075
board as a compounder and dispenser of drugs LICENSED UNDER 5,077
CHAPTER 4729. OF THE REVISED CODE TO ENGAGE IN THE PRACTICE OF
PHARMACY.
(X)(V) "Pharmacy" means any area, room, rooms, place of 5,078
business, department, or portion of any of the foregoing, where 5,079
prescriptions are filled or where drugs, dangerous drugs, or 5,080
poisons are compounded, sold, offered, or displayed for sale, 5,081
dispensed, or distributed to the public HAS THE SAME MEANING AS 5,082
IN SECTION 4729.02 OF THE REVISED CODE. 5,083
(W) "POISON" MEANS ANY DRUG, CHEMICAL, OR PREPARATION 5,085
LIKELY TO BE DELETERIOUS OR DESTRUCTIVE TO ADULT HUMAN LIFE IN 5,086
QUANTITIES OF FOUR GRAMS OR LESS. 5,087
(Y)(X) "Poppy straw" means all parts, except the seeds, of 5,089
the opium poppy, after mowing. 5,090
(Z) "Practitioner" means the following: 5,092
(1) A person who is licensed pursuant to Chapter 4715., 5,094
4731., or 4741. of the Revised Code and authorized by law to 5,095
113
write prescriptions for drugs or dangerous drugs; 5,096
(2) An advanced practice nurse authorized under section 5,098
4723.56 of the Revised Code to prescribe drugs and therapeutic 5,099
devices. 5,100
(AA) "Prescription" means a written or oral order for a 5,102
controlled substance for the use of a particular person or a 5,103
particular animal given by a practitioner in the course of 5,104
professional practice and in accordance with the regulations 5,105
promulgated by the director of the United States drug enforcement 5,106
administration pursuant to the federal drug abuse control laws. 5,107
(BB)(Y) "LICENSED HEALTH PROFESSIONAL AUTHORIZED TO 5,109
PRESCRIBE DRUGS" AND "PRESCRIPTION" HAVE THE SAME MEANINGS AS IN 5,110
SECTION 4729.01 OF THE REVISED CODE. 5,111
(Z) "Registry number" means the number assigned to each 5,113
person registered under the federal drug abuse control laws. 5,114
(CC)(AA) "Sale" includes delivery, barter, exchange, 5,116
transfer, or gift, or offer thereof, and each transaction of 5,117
those natures made by any person, whether as principal, 5,119
proprietor, agent, servant, or employee. 5,120
(DD)(BB) "Schedule I," "schedule II," "schedule III," 5,122
"schedule IV," and "schedule V" mean controlled substance 5,123
schedules I, II, III, IV, and V, respectively, established 5,124
pursuant to section 3719.41 of the Revised Code, as amended 5,125
pursuant to section 3719.43 or 3719.44 of the Revised Code. 5,126
(EE)(CC) "Wholesaler" means a person who, on official 5,128
written orders other than prescriptions, supplies controlled 5,129
substances that the person has not manufactured, produced, or 5,130
prepared personally and includes a "wholesale distributor of 5,131
dangerous drugs" as defined in section 4729.02 4729.01 of the 5,132
Revised Code.
(FF)(DD) "Animal shelter" means a facility operated by a 5,134
humane society or any society organized under Chapter 1717. of 5,135
the Revised Code or a dog pound operated pursuant to Chapter 955. 5,136
of the Revised Code. 5,137
114
(GG)(EE) "Terminal distributor of dangerous drugs" has the 5,139
same meaning as in section 4729.02 4729.01 of the Revised Code. 5,141
(HH)(FF) "Category III license" means a license issued to 5,143
a terminal distributor of dangerous drugs as set forth in section 5,144
4729.54 of the Revised Code. 5,145
(II)(JJ)(GG) "Prosecutor" has the same meaning as in 5,147
section 2935.01 of the Revised Code. 5,148
Sec. 3719.011. As used in the Revised Code: 5,157
(A) "Drug of abuse" means any controlled substance as 5,159
defined in section 3719.01 of the Revised Code, any harmful 5,160
intoxicant as defined in section 2925.01 of the Revised Code, and 5,161
any dangerous drug as defined in section 4729.02 4729.01 of the 5,163
Revised Code. 5,164
(B) "Drug dependent person" means any person who, by 5,166
reason of the use of any drug of abuse, is physically, 5,167
psychologically, or physically and psychologically dependent upon 5,168
the use of such drug, to the detriment of his THE PERSON'S health 5,170
or welfare.
(C) "Person in danger of becoming a drug dependent person" 5,172
means any person who, by reason of his THE PERSON'S habitual or 5,173
incontinent use of any drug of abuse, is in imminent danger of 5,174
becoming a drug dependent person. 5,176
Sec. 3719.05. (A) As used in this section and section 5,185
3719.06 of the Revised Code: 5,186
(1) "Dentist" means a person licensed under Chapter 4715. 5,188
of the Revised Code to practice dentistry. 5,189
(2) "Physician" means a person holding a valid certificate 5,191
issued under Chapter 4731. of the Revised Code authorizing him to 5,192
practice medicine and surgery, osteopathic medicine and surgery, 5,193
or podiatry. 5,194
(3) "Veterinarian" means a person licensed under Chapter 5,196
4741. of the Revised Code to practice veterinary medicine. 5,197
(B) A pharmacist may dispense schedule II controlled 5,199
substances to any person upon a written prescription given by a 5,200
115
dentist, physician, or veterinarian and schedule III or IV 5,201
controlled substances to any person upon a written or oral 5,202
prescription given by a practitioner. Each written prescription 5,203
shall be properly executed, dated, and signed by the person 5,204
prescribing on the day when issued and bearing the full name and 5,205
address of the patient for whom, or of the owner of the animal 5,206
for which, the schedule II controlled substance is dispensed, and 5,207
the full name, address, and registry number under the federal 5,208
drug abuse control laws of the person prescribing. If the 5,209
prescription is for an animal, it shall state the species of 5,210
animal for which the drug is prescribed ISSUED IN ACCORDANCE WITH 5,211
SECTION 3719.06 OF THE REVISED CODE. The WHEN DISPENSING 5,213
CONTROLLED SUBSTANCES, A PHARMACIST SHALL ACT IN ACCORDANCE WITH 5,214
RULES ADOPTED BY THE STATE BOARD OF PHARMACY AND IN ACCORDANCE
WITH THE FOLLOWING: 5,215
(1) THE prescription shall be retained on file by the 5,218
owner of the pharmacy in which it is filled for a period of two 5,219
THREE years, so as to be readily accessible for inspection by any 5,221
public officer or employee engaged in the enforcement of Chapter 5,222
2925., 3719., or 4719. 4729. of the Revised Code. Each 5,224
(2) EACH oral prescription shall be recorded by the 5,226
pharmacist and such THE record shall show the name and address of 5,228
the patient for whom, or of the owner of the animal for which the 5,230
schedule III or IV controlled substance is dispensed, the full 5,231
name, address, and registry number under the federal drug abuse 5,232
control laws of the practitioner prescribing PRESCRIBER, the name 5,233
of the schedule III or IV controlled substance dispensed, the 5,234
amount dispensed, and the date when dispensed. Such THE record 5,236
shall be retained on file by the owner of the pharmacy in which 5,238
it is filled for a period of two THREE years. No 5,239
(3) A SCHEDULE II CONTROLLED SUBSTANCE SHALL BE DISPENSED 5,242
ONLY UPON A WRITTEN PRESCRIPTION, EXCEPT THAT IT MAY BE DISPENSED
UPON AN ORAL PRESCRIPTION IN EMERGENCY SITUATIONS AS PROVIDED IN 5,243
THE FEDERAL DRUG ABUSE CONTROL LAWS. 5,244
116
(4) A prescription for a schedule II controlled substance 5,247
shall NOT be refilled. Prescriptions
(5) PRESCRIPTIONS for schedule III and IV controlled 5,250
substances may be refilled not more than five times in a 5,251
six-month period from the date the prescription is given by a 5,252
practitioner PRESCRIBER.
(C)(B) The legal owner of any stock of schedule II 5,254
controlled substances in a pharmacy, upon discontinuance of 5,255
dealing in said THOSE drugs, may sell said THE stock to a 5,257
manufacturer, wholesaler, or owner of a pharmacy registered under 5,258
the federal drug abuse control laws pursuant to an official 5,259
written order.
(D) A pharmacist may dispense, upon an official written 5,262
order to a practitioner in quantities not exceeding one ounce at 5,264
any one time, aqueous or oleaginous solutions of which the 5,266
content of narcotic drugs does not exceed a proportion greater 5,267
than twenty per cent of the complete solution, to be used for 5,268
medicinal purposes. 5,269
(E) Notwithstanding division (B) of this section, schedule 5,271
II controlled substances may be dispensed orally and without the 5,272
written prescription of a dentist, physician, or veterinarian in 5,273
emergency situations as prescribed under the federal drug abuse 5,274
control laws.
Sec. 3719.06. (A) A dentist or physician licensed to 5,282
prescribe, dispense, and administer controlled substances to a 5,283
human being LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE 5,284
DRUGS, IF ACTING in the course of his professional practice, IN 5,286
ACCORDANCE WITH THE LAWS REGULATING THE PROFESSIONAL'S PRACTICE, 5,287
AND IN ACCORDANCE WITH RULES ADOPTED BY THE STATE BOARD OF 5,288
PHARMACY, may do the following:
(1) Prescribe schedule II controlled substances by a 5,290
written prescription; 5,291
(2) Prescribe schedule, III or, IV, AND V controlled 5,294
substances by a written or oral prescription;
117
(3)(2) Administer or dispense PERSONALLY FURNISH TO 5,296
PATIENTS schedule II, III, or IV, AND V controlled substances; 5,300
(4)(3) Cause schedule II, III, and IV, AND V controlled 5,304
substances to be administered under his THE PRESCRIBER'S 5,305
direction and supervision. 5,306
(B) No dentist or physician LICENSED HEALTH PROFESSIONAL 5,308
AUTHORIZED TO PRESCRIBE DRUGS shall prescribe, dispense, or 5,309
administer, OR PERSONALLY FURNISH a schedule III anabolic steroid 5,311
for the purpose of human muscle building or enhancing human 5,312
athletic performance AND NO PHARMACIST SHALL DISPENSE A SCHEDULE 5,313
III ANABOLIC STEROID FOR EITHER PURPOSE, unless it has been 5,314
approved for that purpose under the "Federal Food, Drug, and 5,316
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended. 5,317
Each
(C) EACH written prescription shall be PROPERLY EXECUTED, 5,320
dated, and signed by the dentist or physician prescribing 5,321
PRESCRIBER on the day when issued and shall bear the full name 5,324
and address of the person for whom, OR THE OWNER OF THE ANIMAL 5,325
FOR WHICH, the controlled substance is prescribed and the full 5,327
name, address, and registry number under the federal drug abuse 5,328
control laws of the person prescribing PRESCRIBER. IF THE 5,329
PRESCRIPTION IS FOR AN ANIMAL, IT SHALL STATE 5,331
(B) A veterinarian licensed to prescribe, dispense, and 5,333
administer controlled substances to an animal in the course of 5,334
his professional practice may do the following: 5,335
(1) Prescribe schedule II controlled substances by a 5,337
written prescription; 5,338
(2) Prescribe schedule III or IV controlled substances by 5,340
a written or oral prescription; 5,341
(3) Administer and dispense schedule II, III, or IV 5,343
controlled substances; 5,344
(4) Cause schedule II, III, and IV controlled substances 5,346
to be administered by an assistant or orderly under his direction 5,348
and supervision. 5,349
118
Each written prescription shall be dated and signed by the 5,351
veterinarian prescribing on the day when issued and shall bear 5,352
the full name and address of the owner of the animal, the species 5,353
of the animal for which the controlled substance is prescribed, 5,354
and the full name, address, and registry number under the federal 5,355
drug abuse control laws of the veterinarian prescribing. 5,356
(C) An advanced practice nurse approved under section 5,358
4723.56 of the Revised Code to prescribe controlled substances 5,359
may prescribe by written or oral prescription any schedule III or 5,360
IV controlled substance that is recommended by the formulary 5,361
committee for advanced practice nurses and included in the 5,362
formulary established by rules adopted under section 4723.58 of 5,363
the Revised Code. No advanced practice nurse shall prescribe a 5,364
schedule III anabolic steroid for the purpose of human muscle 5,365
building or enhancing human athletic performance unless it is 5,366
approved for that purpose under the "Federal Food, Drug, and 5,367
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended. 5,368
Each written prescription shall be dated and signed by the 5,369
advanced practice nurse issuing the prescription on the day 5,370
issued and shall bear the full name and address of the person for 5,371
whom the controlled substance is prescribed and the advanced 5,372
practice nurse's full name, address, and registry number under 5,373
the federal drug abuse control laws. 5,374
Any person, who has obtained from a practitioner any 5,376
controlled substance for administration to a human being or an 5,377
animal during the absence of such practitioner, shall return to 5,378
such practitioner any unused portion of such drug, when it is no 5,379
longer required by such human being or animal. 5,380
Sec. 3719.07. (A) AS USED IN THIS SECTION, "DESCRIPTION" 5,389
MEANS THE DOSAGE FORM, STRENGTH, AND QUANTITY, AND THE BRAND 5,390
NAME, IF ANY, OR THE GENERIC NAME, OF A DRUG OR CONTROLLED 5,391
SUBSTANCE.
(B)(1) Every practitioner, or other person who is 5,394
authorized to administer or use controlled substances, LICENSED 5,395
119
HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS shall keep a 5,396
record of all such drugs CONTROLLED SUBSTANCES received by him, 5,397
and a record of all such drugs CONTROLLED SUBSTANCES 5,398
administered, dispensed, or used by him, otherwise OTHER than by 5,400
prescription. EVERY OTHER PERSON, EXCEPT A PHARMACIST,
MANUFACTURER, OR WHOLESALER, WHO IS AUTHORIZED TO PURCHASE AND 5,401
USE CONTROLLED SUBSTANCES SHALL KEEP A RECORD OF ALL CONTROLLED 5,402
SUBSTANCES PURCHASED AND USED OTHER THAN BY PRESCRIPTION. THE 5,404
RECORDS SHALL BE KEPT in accordance with the provisions of 5,405
division (E)(C)(1) of this section. The keeping of a record of 5,407
the quantity, character, and potency of solutions or other 5,408
preparations purchased or made up by a practitioner or other 5,409
person using small quantities of solutions or other preparations 5,410
of controlled substances for local application, and of the dates 5,411
when purchased or made up, without keeping a record of the amount 5,412
of such solution or other preparation applied by him to 5,414
individual patients is a sufficient compliance with this 5,415
division.
No record need be kept of schedule V controlled substances 5,417
administered, dispensed, or used in the treatment of any one 5,418
person or animal, when the amount administered, dispensed, or 5,419
used for that purpose does not exceed in any forty-eight 5,420
consecutive hours: 5,421
(1) One hundred twenty-five milligrams of opium; 5,423
(2) Thirty milligrams of morphine or of any of its salts; 5,425
(3) Two hundred fifty milligrams of codeine or any of its 5,427
salts; 5,428
(4) One hundred twenty-five milligrams of dihydrocodeine 5,430
or any of its salts; 5,431
(5) Thirty milligrams of ethylmorphine or any of its 5,433
salts; 5,434
(6) A quantity of any other schedule V controlled 5,436
substances or any combination of schedule V controlled substances 5,437
that does not exceed in pharmacologic potency any one of the 5,438
120
drugs named above in the quantity stated. 5,439
(B)(2) Manufacturers and wholesalers shall keep records of 5,441
all controlled substances compounded, mixed, cultivated, grown, 5,442
or by any other process produced or prepared by them, and of all 5,443
controlled substances received or dispensed SOLD by them,. THE 5,445
RECORDS SHALL BE KEPT in accordance with division (F)(C)(2) of 5,446
this section.
(C)(3) Every category III terminal distributor of 5,448
dangerous drugs shall keep records of all controlled substances 5,451
received or dispensed by them, SOLD. THE RECORDS SHALL BE KEPT 5,452
in accordance with division (G)(C)(3) of this section. 5,453
(D)(4) Every person who SELLS OR purchases for resale, or 5,456
who dispenses schedule V controlled substances exempted by 5,457
section 3719.15 of the Revised Code shall keep a record showing 5,459
the quantities and kinds thereof received, dispensed, or disposed 5,460
of otherwise, SOLD. THE RECORDS SHALL BE KEPT in accordance with 5,461
divisions (E)(C)(1), (F)(2), and (G)(3) of this section. 5,464
(E) Every practitioner or other person, except a 5,466
pharmacist, manufacturer, or wholesaler, authorized to administer 5,467
or use controlled substances shall keep a record of all 5,468
controlled substances received, administered, dispensed, or used 5,469
which (C)(1) THE RECORDS REQUIRED BY DIVISIONS (B)(1) AND (4) OF 5,472
THIS SECTION shall contain THE FOLLOWING:
(1)(a) The description of all controlled substances 5,474
received, the name and address of the person from whom received, 5,476
and the date of receipt; 5,477
(2)(b) The description of controlled substances 5,479
administered, dispensed, PURCHASED, SOLD, or used,; the date of 5,481
administering, dispensing, PURCHASING, SELLING, or using,; the 5,483
name and address of the person to whom, or for whose use, or the 5,486
owner and species of the animal for which the controlled 5,487
substance was administered, dispensed, PURCHASED, SOLD, or used. 5,489
(F) Every manufacturer and wholesaler shall keep a record 5,491
of all controlled substances compounded, mixed, cultivated, 5,492
121
grown, or by any other process produced or prepared, received, or 5,493
dispensed by him which (2) THE RECORDS REQUIRED BY DIVISIONS 5,495
(B)(2) AND (4) OF THIS SECTION shall contain THE FOLLOWING: 5,497
(1)(a) The description of all drugs CONTROLLED SUBSTANCES 5,500
produced or prepared, the name and address of the person from 5,501
whom received, and the date of receipt; 5,502
(2)(b) The description of controlled substances dispensed 5,505
SOLD, the name and address of each person to whom a controlled 5,506
substance is dispensed SOLD, the amount of the controlled 5,507
substance dispensed SOLD to each person, and the date it was so 5,509
dispensed SOLD. 5,510
(G) Every category III terminal distributor of dangerous 5,512
drugs shall keep a record of all controlled substances received 5,513
or dispensed by him which (3) THE RECORDS REQUIRED BY DIVISIONS 5,514
(B)(3) AND (4) OF THIS SECTION shall contain THE FOLLOWING: 5,516
(1)(a) The description of controlled substances received, 5,519
the name and address of the person from whom controlled
substances are received, and the date of receipt,; 5,520
(2)(b) The name and place of residence of each person to 5,522
whom controlled substances, including those otherwise exempted by 5,523
section 3719.15 of the Revised Code, are dispensed SOLD, the 5,525
description of such THE controlled substances dispensed SOLD to 5,526
each person, the date such THE controlled substances are 5,527
dispensed SOLD to each person, and the name and address of the 5,530
practitioner prescribing drugs to the person to whom they are 5,531
dispensed.
(D) Every such record REQUIRED BY THIS SECTION shall be 5,534
kept for a period of two THREE years and the date of the 5,535
transaction recorded.
The keeping of a record required by or under the federal 5,537
drug abuse control laws, containing substantially the same 5,538
information as specified in this section, constitutes compliance 5,539
with this section. 5,540
Every person who purchases for resale or who sells 5,542
122
controlled substance preparations exempted by section 3719.15 of 5,543
the Revised Code shall keep the record required by or under the 5,544
federal drug abuse control law LAWS. 5,545
As used in this section, "description" means the dosage 5,547
form, strength, and quantity, and the brand name, if any, or the 5,548
generic name of a drug or controlled substance. 5,549
Sec. 3719.08. (A) Whenever a manufacturer dispenses SELLS 5,558
a controlled substance, and whenever a wholesaler dispenses SELLS 5,559
a controlled substance in a package prepared by him THE 5,561
WHOLESALER HAS PREPARED, he THE MANUFACTURER OR WHOLESALER shall 5,563
securely affix to each package in which such THE controlled 5,564
substance is contained a label showing in legible English the 5,566
name and address of the vendor and the quantity, kind, and form 5,567
of controlled substance contained therein. No person, except a 5,568
pharmacist for the purpose of filling DISPENSING A CONTROLLED 5,569
SUBSTANCE UPON a prescription under Chapter 3719. of the Revised 5,571
Code shall alter, deface, or remove any label so affixed. 5,572
(B) Whenever EXCEPT AS PROVIDED IN DIVISION (C) OF THIS 5,574
SECTION, WHEN a pharmacist dispenses any controlled substance on 5,576
a prescription issued by a practitioner, or a practitioner 5,577
dispenses any controlled substance in the course of his practice, 5,578
he FOR USE BY A PATIENT, OR SUPPLIES A CONTROLLED SUBSTANCE TO A 5,579
LICENSED HEALTH PROFESSIONAL FOR USE BY THE PROFESSIONAL IN 5,580
PERSONALLY FURNISHING PATIENTS WITH CONTROLLED SUBSTANCES, THE
PHARMACIST shall affix to the container in which such THE 5,582
controlled substance is dispensed, OR SUPPLIED a label showing 5,583
THE FOLLOWING:
(1) His own name and address, or the THE name and address 5,586
of the owner of the pharmacy for whom he is acting DISPENSING OR 5,588
SUPPLYING THE CONTROLLED SUBSTANCE;
(2) The name of the patient for whom the controlled 5,591
substance is prescribed or AND, if the patient is an animal, the 5,592
name of the owner and the species of the animal; 5,594
(3) The name of the practitioner by whom the prescription 5,596
123
was written or by whom the drug was dispensed PRESCRIBER; 5,597
(4) Such ALL directions as may be FOR USE stated on the 5,600
prescription or provided by the practitioner on usage of the drug 5,601
PRESCRIBER;
(5) The date on which the prescription was filled or 5,603
refilled, whichever date is later CONTROLLED SUBSTANCE WAS 5,604
DISPENSED OR SUPPLIED; 5,605
(6) THE NAME, QUANTITY, AND STRENGTH OF THE CONTROLLED 5,607
SUBSTANCE AND, IF APPLICABLE, THE NAME OF THE DISTRIBUTOR OR 5,608
MANUFACTURER.
(C) The requirements of division (B) of this section do 5,610
not apply when a controlled substance is prescribed OR SUPPLIED 5,611
for administration to an ultimate user who is institutionalized. 5,612
(C)(D) A LICENSED HEALTH PROFESSIONAL AUTHORIZED TO 5,614
PRESCRIBE DRUGS WHO PERSONALLY FURNISHES A CONTROLLED SUBSTANCE 5,615
TO A PATIENT SHALL COMPLY WITH DIVISION (B) OF SECTION 4729.29 OF 5,616
THE REVISED CODE WITH RESPECT TO LABELING AND PACKAGING OF THE 5,617
CONTROLLED SUBSTANCE.
(E) No person shall alter, deface, or remove any label so 5,619
affixed PURSUANT TO THIS SECTION as long as any of the original 5,620
contents remain. 5,621
(D)(F) Every label for a schedule II, III, or IV drug 5,623
CONTROLLED SUBSTANCE shall contain the following warning: 5,625
"Caution: federal law prohibits the transfer of this drug 5,627
to any person other than the patient for whom it was prescribed." 5,629
Sec. 3719.09. Possession or control of controlled 5,638
substances is authorized in the following instances and subject 5,639
to the following conditions: 5,640
(A) Possession of controlled substances in the course of 5,642
business by a manufacturer, wholesaler, practitioner LICENSED 5,643
HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, pharmacist, 5,645
category III terminal distributor of dangerous drugs, or other 5,646
person authorized to administer, dispense, or possess controlled 5,647
substances under THIS CHAPTER OR Chapter 3719. or 4729. of the 5,649
124
Revised Code;
(B) Possession by any person of any schedule V narcotic 5,651
drug exempted under section 3719.15 of the Revised Code, where 5,652
the quantity of the drug does not exceed two grains ONE HUNDRED 5,653
THIRTY MILLIGRAMS of opium, one-half grain THIRTY-TWO AND 5,655
FIVE-TENTHS MILLIGRAMS of morphine or any of its salts, four 5,656
grains TWO HUNDRED SIXTY MILLIGRAMS of codeine or any of its 5,657
salts, two grains ONE HUNDRED THIRTY MILLIGRAMS of dihydrocodeine 5,658
or any of its salts, or one-half grain THIRTY-TWO AND FIVE-TENTHS 5,659
MILLIGRAMS of ethylmorphine or any of its salts, or, in the case 5,661
of any other schedule V controlled substance or any combination 5,662
of narcotic drugs, where the quantity does not exceed in 5,663
pharmacologic potency any one of the drugs named above in the 5,664
quantity stated;
(C) Possession by any person of any controlled substance 5,666
that the person obtained pursuant to a prescription issued by a 5,667
practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE 5,668
DRUGS or that was obtained for the person pursuant to a 5,669
prescription issued by a practitioner AN AUTHORIZED PRESCRIBER, 5,670
when the drug is in a container regardless of whether the 5,672
container is the original container in which the drug was 5,674
dispensed TO THAT PERSON directly or indirectly BY A PHARMACIST 5,675
OR PERSONALLY SUPPLIED to that person BY THE PRESCRIBER; 5,676
(D) Possession in the course of business of combination 5,678
drugs that contain pentobarbital and at least one noncontrolled 5,679
substance active ingredient, in a manufactured dosage form, the 5,680
only indication of which is for euthanizing animals, or other 5,682
substance that the state veterinary medical licensing board and
the state board of pharmacy both approve under division (A) of 5,683
section 4729.532 of the Revised Code, by an agent or employee of 5,684
an animal shelter who is authorized by the licensure of the 5,685
animal shelter with the state board of pharmacy to purchase and 5,686
possess the drug solely for use as specified in that section. As 5,687
used in this division, "in the course of business" means
125
possession or use at an establishment described in a license 5,688
issued under section 4729.54 of the Revised Code, or outside that 5,689
establishment when necessary because of a risk to the health or 5,690
safety of any person, provided that the substance is in a 5,691
quantity no greater than reasonably could be used to alleviate 5,692
the risk, is in the original manufacturer's container, and is
returned to the establishment as soon as possible after the risk 5,693
has passed.
Sec. 3719.12. Unless a report has been made pursuant to 5,702
section 2929.24 of the Revised Code, on the conviction of a 5,704
manufacturer, wholesaler, practitioner, pharmacist, physician 5,705
assistant, or nurse TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS, 5,706
PHARMACIST, PHARMACIST INTERN, DENTIST, DOCTOR OF MEDICINE OR
OSTEOPATHIC MEDICINE, PODIATRIST, REGISTERED NURSE, LICENSED 5,707
PRACTICAL NURSE, PHYSICIAN ASSISTANT, OPTOMETRIST, OR 5,708
VETERINARIAN of the violation of this chapter or Chapter 2925. of 5,709
the Revised Code, the prosecutor in the case, on forms provided 5,710
by the board, promptly shall report the conviction to the board 5,712
that licensed, certified, or registered the manufacturer, 5,714
wholesaler, practitioner, pharmacist, physician assistant, or 5,715
nurse PERSON to practice or to carry on business. THE 5,717
RESPONSIBLE BOARD SHALL PROVIDE FORMS TO THE PROSECUTOR. Within 5,718
thirty days of the receipt of this information, the board shall 5,719
initiate action in accordance with Chapter 119. of the Revised 5,721
Code to determine whether to suspend or revoke the PERSON'S 5,722
license, certificate, or registration.
Sec. 3719.121. (A) Except as otherwise provided in 5,731
section 4723.28 or 4731.22 of the Revised Code, the license, 5,732
certificate, or registration of any practitioner, nurse, 5,734
physician assistant, pharmacist, manufacturer, or wholesaler, 5,735
PHARMACIST, PHARMACY INTERN, DENTIST, DOCTOR OF MEDICINE OR 5,736
OSTEOPATHIC MEDICINE, PODIATRIST, REGISTERED NURSE, LICENSED
PRACTICAL NURSE, PHYSICIAN ASSISTANT, OPTOMETRIST, OR 5,737
VETERINARIAN who is or becomes addicted to the use of controlled 5,738
126
substances, shall be suspended by the board that authorized the 5,739
person's license, certificate, or registration until the person 5,741
offers satisfactory proof to the board that the person no longer 5,742
is addicted to the use of controlled substances. 5,743
(B) If the board under which a person has been issued a 5,746
license, certificate, or evidence of registration determines that 5,748
there is clear and convincing evidence that continuation of the 5,749
person's professional practice or method of distributing 5,750
SUPPLYING controlled substances presents a danger of immediate 5,752
and serious harm to others, the board may suspend the person's 5,753
license, certificate, or registration without a hearing. Except 5,755
as otherwise provided in sections 4715.30, 4723.281, 4730.25, and 5,756
4731.22 of the Revised Code, the board shall follow the procedure 5,757
for suspension without a prior hearing in section 119.07 of the 5,759
Revised Code. The suspension shall remain in effect, unless 5,760
removed by the board, until the board's final adjudication order 5,761
becomes effective, except that if the board does not issue its 5,762
final adjudication order within ninety days after the hearing, 5,763
the suspension shall be void on the ninety-first day after the 5,764
hearing.
(C) On receiving notification pursuant to section 2929.24 5,766
or 3719.12 of the Revised Code, the board under which a person 5,767
has been issued a license, certificate, or evidence of 5,768
registration immediately shall suspend the license, certificate, 5,770
or registration of that person on a plea of guilty to, a finding 5,773
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 5,775
eligibility for treatment in lieu of conviction; a plea of guilty 5,777
to, or a finding by a jury or court of the person's guilt of, or 5,778
the person's conviction of an offense in another jurisdiction 5,779
that is essentially the same as a felony drug abuse offense; or a 5,780
finding by a court of the person's eligibility for treatment in 5,781
lieu of conviction in another jurisdiction. The board shall 5,782
notify the holder of the license, certificate, or registration of 5,783
127
the suspension, which shall remain in effect until the board 5,785
holds an adjudicatory hearing under Chapter 119. of the Revised 5,786
Code.
Sec. 3719.15. Except as specifically provided in Chapters 5,795
THIS CHAPTER AND CHAPTER 2925. and 3719. of the Revised Code, 5,797
such chapters shall not apply, EXCEPT AS SPECIFICALLY PROVIDED 5,798
OTHERWISE IN THOSE CHAPTERS, to the following cases: 5,799
(A) Where a practitioner LICENSED HEALTH PROFESSIONAL 5,801
AUTHORIZED TO PRESCRIBE DRUGS administers or dispenses; SUPPLIES, 5,802
or where a pharmacist or owner of a pharmacy sells at retail, any 5,804
medicinal preparation that contains in one fluid ounce THIRTY 5,805
MILLILITERS, or if a solid or semisolid preparation, in one 5,807
avoirdupois ounce THIRTY GRAMS, OF ANY OF THE FOLLOWING: 5,808
(1) Not more than two grains ONE HUNDRED THIRTY MILLIGRAMS 5,810
of opium; 5,811
(2) Not more than one quarter of a grain SIXTEEN AND 5,813
TWENTY-FIVE ONE HUNDRETHS MILLIGRAMS of morphine or of any of its 5,815
salts;
(3) Not more than one grain SIXTY-FIVE MILLIGRAMS of 5,817
codeine or of any of its salts; 5,819
(4) Not more than one-half grain THIRTY-TWO AND 5,821
FIVE-TENTHS MILLIGRAMS of dihydrocodeine or any of its salts; 5,823
(5) Not more than one-quarter grain SIXTEEN AND 5,825
TWENTY-FIVE ONE HUNDRETHS MILLIGRAMS of ethylmorphine or any of 5,827
its salts.
Each preparation mentioned SPECIFIED in divisions (A)(1), 5,829
(2), (3), (4), and (5) of this section shall in addition contain 5,830
one or more non-narcotic active medicinal ingredients in 5,831
sufficient proportion to confer upon the preparation valuable 5,832
medicinal qualities other than those possessed by the narcotic 5,833
drug alone.
(6) Pharmaceutical preparations in solid form containing 5,835
not more than two and five-tenths milligrams diphenoxylate and 5,836
not less than twenty-five micrograms atropine sulfate per dosage 5,837
128
unit. 5,838
(B) Where a practitioner PRESCRIBER administers or 5,840
dispenses; SUPPLIES, or where a pharmacist sells at retail, 5,842
liniments, ointments, and other preparations, that are 5,843
susceptible of external use only and that contain narcotic drugs 5,844
in such A combination as prevent their THAT PREVENTS THE DRUGS 5,845
FROM being readily extracted from such THE liniments, ointments, 5,846
or preparations, except that such sections THIS CHAPTER AND 5,848
CHAPTER 2925. OF THE REVISED CODE shall apply to all liniments, 5,850
ointments, and other preparations, that contain coca leaves in 5,851
any quantity or combination.
The medicinal preparation, or the liniment, ointment, or 5,853
other preparation susceptible of external use only, prescribed, 5,854
administered, dispensed, SUPPLIED, or sold, shall contain, in 5,855
addition to the narcotic drug in it, some drug or drugs 5,857
conferring upon it medicinal qualities other than those possessed 5,858
by the narcotic drug alone. Such THE preparation shall be 5,859
prescribed, administered, compounded, dispensed, SUPPLIED, and 5,861
sold in good faith as a medicine, and not for the purpose of 5,863
evading such sections THIS CHAPTER OR CHAPTER 2925. OF THE 5,864
REVISED CODE.
Sec. 3719.172. (A) Possession of a hypodermic is 5,873
authorized for THE FOLLOWING: 5,874
(1) Any A manufacturer or distributor of, or dealer in, 5,876
hypodermics or medication packaged in hypodermics, and any 5,877
authorized agent or employee of such THAT manufacturer, 5,878
distributor, or dealer, in the regular course of business; 5,880
(2) A hospital, owner of a pharmacy, or pharmacist 5,882
TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS, in the regular course of 5,884
business;
(3) Any practitioner, nurse, or other A person authorized 5,886
to administer injections, in the regular course of the person's 5,887
profession or employment; 5,889
(4) Any A person, when the hypodermic was lawfully 5,892
129
obtained and is kept and used for the purpose of
self-administration of insulin or other drug prescribed by a 5,893
practitioner for the treatment of disease BY A LICENSED HEALTH 5,894
PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS; 5,895
(5) Any A person whose use of a hypodermic is for legal 5,897
research, clinical, educational, or medicinal purposes; 5,898
(6) Any A farmer, for the lawful administration of a drug 5,900
to an animal; 5,901
(7) Any A person whose use of a hypodermic is for lawful 5,903
professional, mechanical, trade, or craft purpose PURPOSES. 5,904
(B) No manufacturer or distributor of, or dealer in, 5,906
hypodermics or medication packaged in hypodermics, or their 5,907
authorized agents or employees, and no owner of a pharmacy, or 5,908
pharmacist TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS, shall display 5,909
any hypodermic for sale. No person authorized to possess a 5,911
hypodermic pursuant to division (A) of this section shall 5,912
negligently fail to take reasonable precautions to prevent any 5,913
hypodermic in the person's possession from theft or acquisition 5,915
by any unauthorized person.
(C) No person other than one of the following shall sell 5,917
or furnish a hypodermic to another person: 5,919
(1) A manufacturer or distributor of, or dealer in, 5,922
hypodermics or medication packaged in hypodermics, or their 5,923
authorized agents or employees;
(2) A hospital TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS; 5,925
(3) A pharmacist or person under the direct supervision of 5,927
a pharmacist; 5,928
(4) A practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED 5,930
TO PRESCRIBE DRUGS, ACTING in the regular course of business and 5,932
as permitted by law;
(5) An individual who holds a current license, 5,934
certificate, or registration issued under Title 47 of the Revised 5,935
Code and has been certified to conduct diabetes education by a 5,936
national certifying body specified in rules adopted by the state 5,937
130
board of pharmacy under section 4729.68 of the Revised Code, but 5,938
only if diabetes education is within the individual's scope of 5,939
practice under statutes and rules regulating the individual's 5,940
profession. 5,941
(D) No person shall sell or furnish a hypodermic to 5,943
another whom the person knows or has reasonable cause to believe 5,945
is not authorized by division (A) of this section to possess a 5,946
hypodermic. 5,947
(E) A pharmacist or person under the direct supervision of 5,949
a pharmacist may furnish hypodermics to another without a 5,950
prescription by a practitioner, but the pharmacist or person 5,951
being supervised shall require positive identification of each 5,954
person to whom hypodermics are furnished, and shall keep a
written record of each transaction, including the date, the type 5,955
and quantity of the articles furnished, and the name, address, 5,956
and signature of the person to whom such articles are furnished. 5,957
Such record shall be retained in the same manner as the exempt 5,958
narcotics register. No pharmacist or person under a pharmacist's 5,960
supervision shall fail to comply with this division in furnishing 5,961
hypodermics. 5,962
Sec. 3719.19. No person shall be prosecuted for a 5,971
violation of Chapter 3719. of the Revised Code, THIS CHAPTER if 5,973
such THE person has been acquitted or convicted under the federal 5,976
narcotic DRUG ABUSE CONTROL laws of the same act or omission 5,977
which, it is alleged, constitutes a violation of this chapter. 5,978
Sec. 3719.30. No person shall leave or deposit poison 5,987
DANGEROUS DRUGS, POISONS, or a substance SUBSTANCES containing 5,989
poison DANGEROUS DRUGS OR POISONS in a common, street, alley, 5,990
lane, or thoroughfare, or a yard or enclosure occupied by 5,991
another.
Whoever violates this section shall be liable to the person 5,993
injured for all damages sustained thereby AS A RESULT OF LEAVING 5,994
OR DEPOSITING THE DANGEROUS DRUGS, POISONS, OR OTHER SUBSTANCES. 5,995
Sec. 3719.34. Sections 3719.32 and 3719.33 of the Revised 6,004
131
Code do not apply to substances dispensed to SOLD or DELIVERED 6,005
upon the order or prescription of persons A PERSON believed by 6,008
the dispenser SELLER OR DELIVERER to be lawfully authorized 6,009
practitioners of medicine or dentistry A LICENSED HEALTH 6,010
PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS. The record of sale 6,011
and delivery mentioned in section 3719.33 of the Revised Code is 6,013
not required of manufacturers and wholesalers selling any of the 6,014
substances mentioned in section 3719.32 of the Revised Code at
wholesale, if the box, bottle, or package containing such 6,015
substance when sold at wholesale, is labeled with the name of the 6,016
substance, "Poison," and the name and address of the manufacturer 6,018
or wholesaler.
Sec. 3719.35. It is not necessary to place a poison label 6,027
upon, nor record the delivery of, ANY OF THE FOLLOWING: 6,028
(A) Preparations containing substances named in section 6,030
3719.32 of the Revised Code when a single box, bottle, or other 6,031
package of the bulk of one-half fluid ounce FIFTEEN MILLILITERS 6,032
or the weight of one-half avoirdupois ounce FIFTEEN GRAMS does 6,033
not contain more than an ONE adult medicinal dose of such 6,034
poisonous substance ANY OF THOSE SUBSTANCES; 6,035
(B) The sulphide of antimony, the oxide or carbonate of 6,037
zinc, or colors ground in oil and intended for use as paints; 6,038
(C) Calomel, paregoric, or other preparations of opium 6,040
containing less than two grains of opium to the fluid ounce; 6,042
(D) Preparations recommended in good faith for diarrhoea 6,044
DIARRHEA or cholera, when each bottle or package is accompanied 6,047
by specific directions for use and a caution against the habitual 6,048
use thereof OF THE PREPARATIONS;
(E)(D) Liniments or ointments when plainly labeled "for 6,050
external use only"; 6,051
(F)(E) Preparations put up and sold in the form of pills, 6,053
tablets, or lozenges and intended for internal use, when the dose 6,055
recommended does not contain more than one fourth of an adult 6,056
medicinal dose of such poisonous substance ANY OF THE SUBSTANCES 6,057
132
NAMED IN SECTION 3719.35 OF THE REVISED CODE.
Sec. 3719.36. The state board of pharmacy or anyone acting 6,066
in its behalf shall enforce sections 3719.30 to 3719.35 of the 6,068
Revised Code. If such THE board has information that any of such 6,069
THOSE sections has been violated, it shall investigate, and upon 6,072
probable cause appearing, shall file a complaint and prosecute 6,073
the offender.
Fines assessed and collected under prosecutions commenced 6,075
by such THE board shall be paid to the secretary EXECUTIVE 6,077
DIRECTOR of the state board of pharmacy, and by him THE EXECUTIVE 6,078
DIRECTOR paid into the state treasury to the credit of the 6,079
occupational licensing and regulatory BOARD OF PHARMACY DRUG LAW 6,080
ENFORCEMENT fund CREATED BY SECTION 4729.65 OF THE REVISED CODE. 6,081
Sec. 3719.42. The state BOARD OF pharmacy board shall meet 6,090
in Columbus at least once each fiscal year for the purpose of 6,092
carrying out its duties pursuant to Chapter 3719. of the Revised 6,093
Code UNDER THIS CHAPTER.
Sec. 3719.44. (A) Pursuant to this section, and by rule 6,102
adopted pursuant to IN ACCORDANCE WITH Chapter 119. of the 6,103
Revised Code, the state board of pharmacy may do any of the 6,105
following with respect to schedules I, II, III, IV, and V 6,106
established in section 3719.41 of the Revised Code: 6,107
(1) Add a previously unscheduled compound, mixture, 6,109
preparation, or substance to any schedule; 6,110
(2) Transfer a compound, mixture, preparation, or 6,112
substance from one schedule to another, provided the transfer 6,115
does not have the effect under Chapter 3719. of the Revised Code 6,116
of providing less stringent control of the compound, mixture, 6,117
preparation, or substance than is provided under THE federal 6,118
narcotic DRUG ABUSE CONTROL laws;
(3) Remove a compound, mixture, preparation, or substance 6,120
from the schedules where the board had previously added the 6,121
compound, mixture, preparation, or substance to the schedules, 6,122
provided that the removal shall not have the effect under Chapter 6,123
133
3719. of the Revised Code of providing less stringent control of 6,124
the compound, mixture, preparation, or substance than is provided 6,126
under THE federal narcotic DRUG ABUSE CONTROL laws. 6,127
(B) In making a determination to add, remove, or transfer 6,129
pursuant to division (A) of this section, the board shall 6,130
consider the following: 6,131
(1) The actual or relative potential for abuse; 6,133
(2) The scientific evidence of the pharmacological effect 6,136
of the substance, if known;
(3) The state of current scientific knowledge regarding 6,138
the substance; 6,139
(4) The history and current pattern of abuse; 6,141
(5) The scope, duration, and significance of abuse; 6,143
(6) The risk to the public health; 6,145
(7) The potential of the substance to produce psychic or 6,147
physiological dependence liability; 6,148
(8) Whether the substance is an immediate precursor. 6,150
(C) The board may add or transfer a compound, mixture, 6,152
preparation, or substance to schedule I when it appears that 6,153
there is a high potential for abuse, that it has no accepted 6,154
medical use in treatment in this state, or lacks accepted safety 6,155
for use in treatment under medical supervision. 6,156
(D) The board may add or transfer a compound, mixture, 6,158
preparation, or substance to schedule II when it appears that 6,159
there is a high potential for abuse, that it has a currently 6,160
accepted medical use in treatment in this state, or currently 6,161
accepted medical use in treatment with severe restrictions, and 6,162
that its abuse may lead to severe physical or severe 6,163
psychological dependence. 6,164
(E) The board may add or transfer a compound, mixture, 6,166
preparation, or substance to schedule III when it appears that 6,167
there is a potential for abuse less than the substances included 6,168
in schedules I and II, that it has a currently accepted medical 6,169
use in treatment in this state, and that its abuse may lead to 6,170
134
moderate or low physical or high psychological dependence. 6,171
(F) The board may add or transfer a compound, mixture, 6,173
preparation, or substance to schedule IV when it appears that it 6,174
has a low potential for abuse relative to substances included in 6,175
schedule III, and that it has a currently accepted medical use in 6,176
treatment in this state, and that its abuse may lead to limited 6,177
physical or psychological dependence relative to the substances 6,178
included in schedule III. 6,179
(G) The board may add or transfer a compound, mixture, 6,181
preparation, or substance to schedule V when it appears that it 6,182
has lower potential for abuse than substances included in 6,183
schedule IV, and that it has currently accepted medical use in 6,184
treatment in this state, and that its abuse may lead to limited 6,185
physical or psychological dependence relative to substances 6,186
included in schedule IV. 6,187
(H) Even though a compound, mixture, preparation, or 6,189
substance does not otherwise meet the criteria in this section 6,190
for adding or transferring it to a schedule, the board may 6,191
nevertheless add or transfer it to a schedule as an immediate 6,192
precursor when all of the following apply: 6,193
(1) It is the principal compound used, or produced 6,195
primarily for use, in the manufacture of a controlled substance; 6,196
(2) It is an immediate chemical intermediary used or 6,198
likely to be used in the manufacture of such a controlled 6,199
substance; 6,200
(3) Its control is necessary to prevent, curtail, or limit 6,202
the manufacture of the scheduled compound, mixture, preparation, 6,203
or substance of which it is the immediate precursor. 6,204
(I) Authority to control under this section does not 6,206
extend to distilled spirits, wine, or malt beverages, as those 6,207
terms are defined or used in Chapter 4301. of the Revised Code. 6,208
(J) Authority to control under this section does not 6,210
extend to any nonnarcotic substance if such substance may, under 6,211
the Federal Food, Drug, and Cosmetic Act as defined in section 6,212
135
4729.02 of the Revised Code and the laws of this state, be 6,213
lawfully sold over the counter without a prescription. Should a 6,214
pattern of abuse develop for any nonnarcotic drug sold over the 6,215
counter, the board may, by rule adopted in accordance with 6,216
Chapter 119. of the Revised Code, after a public hearing and a 6,217
documented study to determine that the substance actually meets 6,218
the criteria listed in division (B) of this section, place such 6,219
abused substance on a prescription basis CONTROLLED SUBSTANCE 6,220
SCHEDULE. 6,221
(K)(1) A drug product containing ephedrine that is known 6,223
as one of the following and is in the form specified shall not be 6,224
considered a schedule V controlled substance: 6,225
(a) Amesec capsules; 6,227
(b) Bronitin tablets; 6,229
(c) Bronkotabs; 6,231
(d) Bronkolixir; 6,233
(e) Bronkaid tablets; 6,235
(f) Efedron nasal jelly; 6,237
(g) Guiaphed elixir; 6,239
(h) Haysma; 6,241
(i) Pazo hemorrhoid ointment and suppositories; 6,243
(j) Primatene "M" formula tablets; 6,245
(k) Primatene "P" formula tablets; 6,247
(l) Tedrigen tablets; 6,249
(m) Tedral tablets, suspension and elixir; 6,251
(n) T.E.P.; 6,253
(o) Vatronol nose drops. 6,255
(2)(a) A product containing ephedrine shall not be 6,257
considered a controlled substance if the product is a food 6,258
product or dietary supplement that meets all of the following 6,259
criteria:
(i) It contains, per dosage unit or serving, not more than 6,261
the lesser of twenty-five milligrams of ephedrine alkaloids or 6,262
the maximum amount of ephedrine alkaloids provided in applicable 6,263
136
regulations adopted by the United States food and drug 6,264
administration, and no other controlled substance. 6,265
(ii) It contains no hydrochloride or sulfate salts of 6,267
ephedrine alkaloids. 6,268
(iii) It is packaged with a prominent label securely 6,270
affixed to each package that states all of the following: the 6,271
amount in milligrams of ephedrine in a serving or dosage unit; 6,272
the amount of the food product or dietary supplement that 6,273
constitutes a serving or dosage unit; that the maximum 6,274
recommended dosage of ephedrine for a healthy adult human is the
lesser of one hundred milligrams in a twenty-four-hour period for 6,276
not more than twelve weeks or the maximum recommended dosage or 6,277
period of use provided in applicable regulations adopted by the 6,278
United States food and drug administration; and that improper use 6,279
of the product may be hazardous to a person's health.
(b)(i) Subject to division (K)(2)(b)(ii) of this section, 6,282
no person shall dispense, sell, or otherwise give a product
described in division (K)(2)(a) of this section to any individual 6,284
under eighteen years of age.
(ii) Division (K)(2)(b)(i) of this section does not apply 6,287
to a physician or pharmacist who dispenses, sells, or otherwise 6,288
gives a product described in division (K)(2)(a) of this section 6,289
to an individual under eighteen years of age, to a parent or
guardian of an individual under eighteen years of age who 6,290
dispenses, sells, or otherwise gives a product of that nature to 6,292
the individual under eighteen years of age, or to a person who, 6,293
as authorized by the individual's parent or legal guardian,
dispenses, sells, or otherwise gives a product of that nature to 6,294
an individual under eighteen years of age. 6,295
(c) No person in the course of selling, offering for sale, 6,297
or otherwise distributing a product described in division 6,298
(K)(2)(a) of this section shall advertise or represent in any 6,300
manner that the product causes euphoria, ecstasy, a "buzz" or 6,301
"high," or an altered mental state; heightens sexual performance; 6,302
137
or, because it contains ephedrine alkaloids, increased muscle 6,303
mass.
(3) A drug product that contains the isomer 6,305
pseudoephedrine, or any of its salts, optical isomers, or salts 6,306
of optical isomers, shall not be considered a controlled 6,307
substance if the drug product is labeled in a manner consistent 6,308
with federal law or with the product's over-the-counter tentative 6,309
final monograph or final monograph issued by the United States 6,310
food and drug administration.
(4) At the request of any person, the board may except any 6,312
product containing ephedrine not described in division (K)(1) or 6,314
(2) of this section or any class of products containing ephedrine 6,315
from being included as a schedule V controlled substance if it 6,316
determines that the product or class of products does not contain
any other controlled substance. The board shall make the 6,318
determination in accordance with this section and by rule adopted 6,319
in accordance with Chapter 119. of the Revised Code. 6,320
(L) As used in this section: 6,322
(1) "Food" has the same meaning as in section 3715.01 of 6,324
the Revised Code;
(2) "Dietary supplement" has the meaning given in the 6,326
"Federal Food, Drug, and Cosmetic Act," 108 Stat. 4327 (1994), 21 6,327
U.S.C.A. 321 (ff), as amended. 6,328
(3) "Ephedrine alkaloids" means ephedrine, 6,330
pseudoephedrine, norephedrine, norpseudoephedrine, 6,331
methylephedrine, and methylpseudoephedrine. 6,332
Sec. 3719.61. Nothing in the laws dealing with drugs of 6,341
abuse shall be construed to prohibit treatment of narcotic drug 6,342
dependent persons by the continuing maintenance of their 6,343
dependence through the administration of methadone in accordance 6,344
with the rules adopted by the department of alcohol and drug 6,345
addiction services under section 3793.11 of the Revised Code, 6,346
when all of the following apply: 6,347
(A) The likelihood that any person undergoing maintenance 6,349
138
treatment will be cured of his dependence on narcotic drugs is 6,350
remote, the treatment is prescribed by a practitioner for the 6,351
purpose of alleviating or controlling the patient's drug 6,352
dependence, and the patient's prognosis while undergoing such 6,353
treatment is at least a partial improvement in his THE PATIENT'S 6,354
asocial or antisocial behavior patterns; 6,355
(B) In the case of an inpatient in a hospital or clinic, 6,357
the amount of the maintenance drug dispensed at any one time does 6,358
not exceed the quantity necessary for a single dose, and such THE 6,360
dose is administered to the patient immediately; 6,361
(C) In the case of an outpatient, the amount of the 6,363
maintenance drug dispensed at any one time shall be determined by 6,364
a practitioner with regard to THE PATIENT'S TREATMENT PROVIDER 6,365
TAKING INTO ACCOUNT the patient's progress in the treatment 6,367
program, and the patient's needs for gainful employment, 6,368
education, and responsible homemaking, provided, EXCEPT that in 6,370
no event shall the dosage be greater than the amount permitted by 6,371
federal law and rules adopted by the department pursuant to
section 3793.11 of the Revised Code; 6,372
(D) The drug is not dispensed in any case to replace or 6,374
supplement any part of a supply of the drug previously dispensed, 6,375
or when there is reasonable cause to believe it will be used or 6,376
disposed of unlawfully; 6,377
(E) The drug is dispensed through a program licensed and 6,379
operated in accordance with section 3793.11 of the Revised Code. 6,380
Sec. 3719.81. (A) A person may furnish another a sample 6,389
of any drug of abuse, or of any drug or pharmaceutical 6,390
preparation which THAT would be hazardous to health or safety if 6,391
used without the supervision of a practitioner LICENSED HEALTH 6,393
PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, if all of the 6,395
following apply: 6,396
(1) The sample is furnished by a manufacturer, 6,398
manufacturer's representative, or wholesale dealer in 6,399
pharmaceuticals to a practitioner LICENSED HEALTH PROFESSIONAL 6,400
139
AUTHORIZED TO PRESCRIBE DRUGS, or is furnished by SUCH a 6,401
practitioner PROFESSIONAL to a patient for use as medication; 6,402
(2) The drug is in the original container in which it was 6,404
placed by the manufacturer, and such THE container is plainly 6,405
marked as a sample; 6,407
(3) Prior to its being furnished, the drug sample has been 6,409
stored under the proper conditions to prevent its deterioration 6,410
or contamination; 6,411
(4) If the drug is of a type which deteriorates with time, 6,413
the sample container is plainly marked with the date beyond which 6,414
the drug sample is unsafe to use, and such THE date has not 6,415
expired on the sample furnished. Compliance with the labeling 6,417
requirements of the "Federal Food, Drug, and Cosmetics COSMETIC 6,419
Act," 52 STAT. 1040 (1938), 21 U.S.C.A. 301, AS AMENDED, shall be 6,420
deemed compliance with this section;. 6,422
(5) The drug is distributed, stored, or discarded in such 6,424
a way that the drug sample may not be acquired or used by any 6,425
unauthorized person, or by any person, including a child, for 6,426
whom it may present a health or safety hazard. 6,427
(B) Division (A) of this section does not apply DO ANY OF 6,429
THE FOLLOWING: 6,430
(1) APPLY to OR restrict the furnishing of any sample of a 6,432
nonnarcotic substance if such THE substance may, under the 6,434
"Federal Food, Drug, and Cosmetic Act", as defined in division 6,435
(D)(1) of section 4729.02 of the Revised Code, and under the laws 6,436
of this state, otherwise be lawfully sold over the counter 6,437
without a prescription;
(2) AUTHORIZE A PRESCRIBER WHO IS AN ADVANCED PRACTICE 6,439
NURSE TO FURNISH A SAMPLE OF ANY DRUG; 6,440
(3) AUTHORIZE A PRESCRIBER WHO IS AN OPTOMETRIST TO 6,442
FURNISH A SAMPLE OF A DRUG THAT IS NOT A DRUG THE OPTOMETRIST IS 6,443
AUTHORIZED TO PRESCRIBE.
(C) The state board of pharmacy shall, pursuant to 6,445
sections 119.01 to 119.13 IN ACCORDANCE WITH CHAPTER 119. of the 6,447
140
Revised Code, adopt regulations RULES AS necessary to give effect 6,448
to this section.
Sec. 3719.99. (A) Whoever violates section 3719.16 or 6,457
3719.161 of the Revised Code is guilty of a felony of the fifth 6,459
degree. If the offender previously has been convicted of a
violation of section 3719.16 or 3719.161 of the Revised Code or a 6,460
drug abuse offense, a violation of section 3719.16 or 3719.161 of 6,461
the Revised Code is a felony of the fourth degree. If the 6,462
violation involves the sale, offer to sell, or possession of a 6,463
schedule I or II controlled substance, with the exception of 6,464
marihuana, and if the offender, as a result of the violation, is 6,465
a major drug offender, division (D) of this section applies. 6,466
(B) Whoever violates division (C) or (D) of section 6,468
3719.172 of the Revised Code is guilty of a felony of the fifth 6,470
degree. If the offender previously has been convicted of a
violation of division (C) or (D) of section 3719.172 of the 6,471
Revised Code or a drug abuse offense, a violation of division (C) 6,472
or (D) of section 3719.172 of the Revised Code is a felony of the 6,474
fourth degree. If the violation involves the sale, offer to 6,475
sell, or possession of a schedule I or II controlled substance, 6,476
with the exception of marihuana, and if the offender, as a result 6,477
of the violation, is a major drug offender, division (D) of this 6,478
section applies.
(C) Whoever violates section 3719.07 or 3719.08 of the 6,480
Revised Code is guilty of a misdemeanor of the first degree. If 6,481
the offender previously has been convicted of a violation of 6,482
section 3719.07 or 3719.08 of the Revised Code or a drug abuse 6,483
offense, a violation of section 3719.07 or 3719.08 of the Revised 6,484
Code is a felony of the fifth degree. If the violation involves 6,485
the sale, offer to sell, or possession of a schedule I or II 6,486
controlled substance, with the exception of marihuana, and if the 6,487
offender, as a result of the violation, is a major drug offender, 6,488
division (D) of this section applies. 6,489
(D)(1) If an offender is convicted of or pleads guilty to 6,491
141
a felony violation of section 3719.07, 3719.08, 3719.16, or 6,492
3719.161 or of division (C) or (D) of section 3719.172 of the 6,493
Revised Code, if the violation involves the sale, offer to sell, 6,494
or possession of a schedule I or II controlled substance, with 6,495
the exception of marihuana, and if the offender, as a result of 6,496
the violation, is a major drug offender, the court that sentences 6,497
the offender, in lieu of the prison term authorized or required
by division (A), (B), or (C) of this section and sections 2929.13 6,499
and 2929.14 of the Revised Code and in addition to any other
sanction imposed for the offense under sections 2929.11 to 6,500
2929.18 of the Revised Code, shall impose upon the offender, in 6,501
accordance with division (D)(3)(a) of section 2929.14 of the 6,503
Revised Code, the mandatory prison term specified in that 6,504
division and may impose an additional prison term under division
(D)(3)(b) of that section. 6,505
(2) Notwithstanding any contrary provision of section 6,507
3719.21 of the Revised Code, the clerk of the court shall pay any 6,509
fine imposed for a felony violation of section 3719.07, 3719.08, 6,510
3719.16, or 3719.161 or of division (C) or (D) of section 6,511
3719.172 of the Revised Code pursuant to division (A) of section 6,512
2929.18 of the Revised Code in accordance with and subject to the
requirements of division (F) of section 2925.03 of the Revised 6,513
Code. The agency that receives the fine shall use the fine as 6,514
specified in division (F) of section 2925.03 of the Revised Code. 6,515
(E) Whoever violates section 3719.05, 3719.06, 3719.13, or 6,517
3719.31 or division (B) or (E) of section 3719.172 of the Revised 6,519
Code is guilty of a misdemeanor of the third degree. If the 6,520
offender previously has been convicted of a violation of section 6,521
3719.05, 3719.06, 3719.13, or 3719.31 or division (B) or (E) of 6,522
section 3719.172 of the Revised Code or a drug abuse offense, a 6,523
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 6,524
misdemeanor of the first degree. 6,525
(F) Whoever violates section 3719.30 of the Revised Code 6,527
142
is guilty of a misdemeanor of the fourth degree. If the offender 6,528
previously has been convicted of a violation of section 3719.30 6,529
of the Revised Code or a drug abuse offense, a violation of 6,530
section 3719.30 of the Revised Code is a misdemeanor of the third 6,531
degree.
(G) Whoever violates section 3719.32 or 3719.33 of the 6,533
Revised Code is guilty of a minor misdemeanor. 6,534
(H) Whoever violates division (K)(2)(b) of section 3719.44 6,536
of the Revised Code is guilty of a felony of the fifth degree. 6,537
(I) Whoever violates division (K)(2)(c) of section 3719.44 6,539
of the Revised Code is guilty of a misdemeanor of the second 6,540
degree.
(J) As used in this section, "major drug offender" has the 6,542
same meaning as in section 2929.01 of the Revised Code. 6,543
Sec. 3729.01. As used in this chapter: 6,552
(A) "Ambulatory care facility" means a facility that 6,554
provides medical, diagnostic, or surgical treatment to patients 6,555
who do not require hospitalization, including a dialysis center, 6,556
ambulatory surgical facility, cardiac catheterization facility, 6,557
diagnostic imaging center, extracorporeal shock wave lithotripsy 6,558
center, home health agency, inpatient hospice, birthing center, 6,559
radiation therapy center, emergency facility, and an urgent care 6,560
center. "Ambulatory health care facility" does not include the 6,561
private office of a physician or dentist, whether the office is 6,562
for an individual or group practice. 6,563
(B) "Beneficiary" and "third-party payer" have the same 6,565
meanings as in section 3901.38 of the Revised Code. 6,566
(C) "Disability assistance medical assistance program" 6,568
means the disability assistance medical assistance program 6,569
established under Chapter 5115. of the Revised Code. 6,570
(D) "Emergency facility" means a hospital emergency 6,572
department or any other facility that provides emergency medical 6,573
services. 6,574
(E) "Global fee" means the collective cost of professional 6,576
143
fees, outpatient or inpatient billings, pharmaceutical products, 6,577
and other medical or surgical products required to ensure 6,578
satisfactory outcomes for a given diagnosis. 6,579
(F) "Health care practitioner" has the same meaning as in 6,581
section 4769.01 of the Revised Code. 6,582
(G) "Health care provider" means a hospital, ambulatory 6,584
care facility, long-term care facility, pharmacy, emergency 6,585
facility, or health care practitioner. 6,586
(H) "Hospital" has the same meaning as in section 3727.01 6,588
of the Revised Code. 6,589
(I) "Long-term care facility" means any of the following: 6,591
(1) A nursing home, residential care facility, or home for 6,594
the aging, all as defined in section 3721.01 of the Revised Code; 6,595
(2) An adult care facility, as defined in section 3722.01 6,597
of the Revised Code; 6,598
(3) A nursing facility, as defined in section 5111.20 of 6,600
the Revised Code; 6,601
(4) An intermediate care facility for the mentally 6,603
retarded, as defined in section 5111.20 of the Revised Code; 6,604
(5) A facility or portion of a facility certified as a 6,606
skilled nursing facility under Title XVIII of the "Social 6,607
Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended. 6,608
(J) "Medical assistance program" means the program 6,610
established under Chapter 5111. of the Revised Code and Title XIX 6,611
of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 6,612
301, as amended. 6,613
(K) "Medicare" means the program established under Title 6,615
XVIII of the "Social Security Act." 6,616
(L) "Pharmacy" has the same meaning as in section 4729.02 6,618
4729.01 of the Revised Code. 6,620
(M) "Physician" means an individual authorized under 6,623
Chapter 4731. of the Revised Code to practice medicine and 6,624
surgery, osteopathic medicine and surgery, or podiatry. 6,625
(N) "Price" means the actual payment for health care 6,627
144
services or supplies by a patient or third-party payer. 6,628
(O)(1) "Public health care program" means any program of 6,630
health care benefits that is provided by the state or a political 6,631
subdivision of this state, including all of the following: 6,632
(a) The program for medically handicapped children 6,634
established under sections 3701.021 to 3701.028 of the Revised 6,635
Code; 6,636
(b) The medical assistance program; 6,638
(c) The disability assistance medical assistance program; 6,641
(d) Health care benefits administered by the bureau of 6,643
workers' compensation; 6,644
(e) Mental health services certified by the department of 6,646
mental health and provided in whole or in part under contract 6,647
with a community mental health board, or a board of alcohol, drug 6,648
addiction, and mental health services; 6,649
(f) Health care services administered by the department of 6,651
alcohol and drug addiction services or a board of alcohol, drug 6,652
addiction, and mental health services; 6,653
(g) Health care services administered by the department of 6,655
mental retardation and developmental disabilities or a county 6,656
board of mental retardation and developmental disabilities; 6,657
(h) Health care services administered by the 6,659
rehabilitation services commission; 6,660
(i) Health care services administered by the department of 6,662
rehabilitation and correction; 6,663
(j) Health care services administered by the department of 6,665
youth services. 6,666
(2) "Public health care program" does not mean health care 6,668
coverage provided to public employees or health care benefits 6,669
provided to persons receiving a pension, annuity, allowance, or 6,670
benefit from the public employees retirement system, the school 6,671
employees retirement system, the state teachers retirement 6,672
system, the police and firemen's disability and pension fund, or 6,673
the state highway patrol retirement system. 6,674
145
Sec. 4121.443. (A) There is hereby created the health 6,684
care advisory committee consisting of nine members appointed by 6,685
the administrator of workers' compensation as follows: one who 6,686
is a representative of physicians licensed to practice medicine 6,687
and surgery under Chapter 4731. of the Revised Code, one who is a 6,688
representative of physicians licensed to practice osteopathic 6,689
medicine and surgery under Chapter 4731. of the Revised Code, one 6,690
who is a representative of chiropractors licensed under Chapter 6,691
4734. of the Revised Code, one who is a representative of 6,692
pharmacists registered LICENSED under Chapter 4729. of the 6,693
Revised Code, one who is a licensed dentist under Chapter 4715. 6,695
of the Revised Code; one who is a representative of podiatrists 6,696
certified under Chapter 4731. of the Revised Code; one who is a 6,697
representative of psychologists licensed under Chapter 4732. of 6,698
the Revised Code; one who is a representative of rehabilitation 6,699
specialists, and one who is a representative of hospitals 6,700
authorized to operate pursuant to section 3727.02 of the Revised 6,701
Code. The administrator may consult with and obtain 6,702
recommendations from the Ohio state medical association, the Ohio 6,703
osteopathic association, the Ohio state chiropractic association, 6,704
the Ohio pharmacists association, and the Ohio hospital 6,705
association for the purpose of making his appointments to the 6,706
committee. The administrator shall make initial appointments to 6,707
the committee within ninety days after the effective date of this 6,708
section. Members shall serve at the pleasure of the administrator 6,709
and may be reappointed. Vacancies shall be filled in the manner 6,710
provided for original appointments. Committee members shall 6,711
receive no compensation or expenses for the performance of their 6,712
duties as members of the committee. 6,713
(B) Prior to adopting rules under section 4121.441 of the 6,715
Revised Code concerning issues pertaining to health care 6,716
providers, the administrator shall provide the committee an 6,717
opportunity to comment on and give advice concerning those rules. 6,718
(C) No member of the committee shall divulge any 6,720
146
confidential information that is disclosed to the member in the 6,721
performance of his OFFICIAL duties as a member of the committee. 6,722
Sec. 4301.01. (A) As used in the Revised Code: 6,729
(1) "Intoxicating liquor" and "liquor" include all liquids 6,731
and compounds, other than beer as defined in division (B)(2) of 6,732
this section, containing one-half of one per cent or more of 6,733
alcohol by volume which are fit to use for beverage purposes, 6,734
from whatever source and by whatever process produced, by 6,735
whatever name called, and whether the same are medicated, 6,736
proprietary, or patented. The phrase includes wine, as defined 6,737
in division (B)(3) of this section even if it contains less than 6,738
four per cent of alcohol by volume, mixed beverages, as defined 6,739
in division (B)(4) of this section even if they contain less than 6,740
four per cent of alcohol by volume, cider, as defined in division 6,741
(B)(23) of this section, alcohol, and all solids and confections 6,743
which contain any alcohol.
(2) Except as used in sections 4301.01 to 4301.20, 4301.22 6,745
to 4301.52, 4301.56, 4301.70, 4301.72, and 4303.01 to 4303.36 of 6,746
the Revised Code, "sale" and "sell" include exchange, barter, 6,747
gift, offer for sale, sale, distribution and delivery of any 6,748
kind, and the transfer of title or possession of beer and 6,749
intoxicating liquor either by constructive or actual delivery by 6,750
any means or devices whatever, including the sale of beer or 6,751
intoxicating liquor by means of a controlled access alcohol and 6,752
beverage cabinet pursuant to section 4301.21 of the Revised Code. 6,753
"Sale" and "sell" do not include the mere solicitation of orders 6,755
for beer or intoxicating liquor from the holders of permits 6,756
issued by the division of liquor control authorizing the sale of 6,757
the beer or intoxicating liquor, but no solicitor shall solicit 6,758
any such orders until the solicitor has been registered with the 6,760
division pursuant to section 4303.25 of the Revised Code. 6,761
(3) "Vehicle" includes all means of transportation by 6,763
land, by water, or by air, and everything made use of in any way 6,764
for such transportation. 6,765
147
(B) As used in sections 4301.01 to 4301.74 of the Revised 6,767
Code: 6,768
(1) "Alcohol" means ethyl alcohol, whether rectified or 6,770
diluted with water or not, whatever its origin may be, and 6,771
includes synthetic ethyl alcohol. "Alcohol" does not include 6,773
denatured alcohol and wood alcohol.
(2) "Beer," "malt liquor," or "malt beverages" includes 6,775
all brewed or fermented malt products containing one-half of one 6,776
per cent or more of alcohol by volume but not more than six per 6,777
cent of alcohol by weight. 6,778
(3) "Wine" includes all liquids fit to use for beverage 6,780
purposes containing not less than one-half of one per cent of 6,781
alcohol by volume and not more than twenty-one per cent of 6,782
alcohol by volume, which is made from the fermented juices of 6,783
grapes, fruits, or other agricultural products, except that as 6,784
used in sections 4301.13, 4301.421, 4301.422, 4301.432, and 6,786
4301.44 of the Revised Code, and, for purposes of determining the 6,787
rate of the tax that applies, division (B) of section 4301.43 of 6,788
the Revised Code, "wine" does not include cider.
(4) "Mixed beverages" such as bottled and prepared 6,790
cordials, cocktails, and highballs are products obtained by 6,791
mixing any type of whiskey, neutral spirits, brandy, gin, or 6,792
other distilled spirits with, or over, carbonated or plain water, 6,793
pure juices from flowers and plants, and other flavoring 6,794
materials. The completed product shall contain not less than 6,795
one-half of one per cent of alcohol by volume and not more than 6,796
twenty-one per cent of alcohol by volume. 6,797
(5) "Spirituous liquor" includes all intoxicating liquors 6,799
containing more than twenty-one per cent of alcohol by volume. 6,800
(6) "Sealed container" means any container having a 6,802
capacity of not more than one hundred twenty-eight fluid ounces, 6,803
the opening of which is closed to prevent the entrance of air. 6,804
(7) "Person" includes firms and corporations. 6,806
(8) "Manufacture" includes all processes by which beer or 6,808
148
intoxicating liquor is produced, whether by distillation, 6,809
rectifying, fortifying, blending, fermentation, brewing, or in 6,810
any other manner. 6,811
(9) "Manufacturer" means any person engaged in the 6,813
business of manufacturing beer or intoxicating liquor. 6,814
(10) "Wholesale distributor" and "distributor" means a 6,816
person engaged in the business of selling to retail dealers for 6,817
purposes of resale. 6,818
(11) "Hotel" has the meaning set forth in section 3731.01 6,820
of the Revised Code, subject to the exceptions mentioned in 6,821
section 3731.03 of the Revised Code. 6,822
(12) "Restaurant" means a place located in a permanent 6,824
building provided with space and accommodations wherein, in 6,825
consideration of the payment of money, hot meals are habitually 6,826
prepared, sold, and served at noon and evening, as the principal 6,827
business of the place. "Restaurant" does not include drugstores 6,829
PHARMACIES, confectionery stores, lunch stands, night clubs, and 6,830
filling stations. 6,831
(13) "Club" means a corporation or association of 6,833
individuals organized in good faith for social, recreational, 6,834
benevolent, charitable, fraternal, political, patriotic, or 6,835
athletic purposes, which is the owner, lessor, or occupant of a 6,836
permanent building or part thereof operated solely for those 6,838
purposes, membership in which entails the prepayment of regular 6,839
dues, and includes the place so operated. 6,840
(14) "Night club" means a place operated for profit, where 6,842
food is served for consumption on the premises and one or more 6,843
forms of amusement are provided or permitted for a consideration 6,844
which may be in the form of a cover charge or may be included in 6,845
the price of the food and beverages, or both, purchased by the 6,846
patrons thereof. 6,847
(15) "At retail" means for use or consumption by the 6,849
purchaser and not for resale. 6,850
(16) "Drugstore PHARMACY" means an establishment as 6,852
149
defined in section 4729.27 4729.02 of the Revised Code, which is 6,853
under the management or control of a legally registered LICENSED 6,855
pharmacist IN ACCORDANCE WITH SECTION 4729.27 OF THE REVISED 6,856
CODE.
(17) "Enclosed shopping center" means a group of retail 6,858
sales and service business establishments that face into an 6,859
enclosed mall, share common ingress, egress, and parking 6,860
facilities, and are situated on a tract of land that contains an 6,861
area of not less than five hundred thousand square feet. 6,862
"Enclosed shopping center" also includes not more than one 6,863
business establishment that is located within a free-standing 6,864
building on such a tract of land, so long as the sale of beer and 6,865
intoxicating liquor on the tract of land was approved in an 6,866
election held under former section 4301.353 of the Revised Code. 6,867
(18) "Controlled access alcohol and beverage cabinet" 6,869
means a closed container, either refrigerated, in whole or in 6,870
part, or nonrefrigerated, access to the interior of which is 6,871
restricted by means of a device which requires the use of a key, 6,872
magnetic card, or similar device and from which beer, 6,873
intoxicating liquor, other beverages, or food may be sold. 6,874
(19) "Residence district" means two or more contiguous 6,876
election precincts located within the same county and also 6,877
located within the same municipal corporation or within the 6,878
unincorporated area of the same township, as described by a 6,879
petition authorized by section 4301.33, 4301.332, 4303.29, or 6,880
4305.14 of the Revised Code. 6,881
(20) "Low-alcohol beverage" means any brewed or fermented 6,883
malt product, or any product made from the fermented juices of 6,885
grapes, fruits, or other agricultural products, that contains 6,886
either no alcohol or less than one-half of one per cent of 6,887
alcohol by volume. The beverages described in division (B)(20) 6,888
of this section do not include a soft drink such as root beer, 6,889
birch beer, or ginger beer. 6,890
(21) "Cider" means all liquids fit to use for beverage 6,893
150
purposes that contain one-half of one per cent of alcohol by 6,894
volume, but not more than six per cent of alcohol by weight that 6,895
are made through the normal alcoholic fermentation of the juice 6,896
of sound, ripe apples, including, without limitation, flavored, 6,897
sparkling, or carbonated cider and cider made from pure condensed 6,898
apple must.
Sec. 4301.69. (A) Except as otherwise provided in this 6,907
chapter, no person shall sell beer or intoxicating liquor to an 6,908
underage person, shall buy beer or intoxicating liquor for an 6,909
underage person, or shall furnish it to an underage person, 6,910
unless given by a physician in the regular line of his THE 6,911
PHYSICIAN'S practice or given for established religious purposes 6,912
or unless the underage person is accompanied by a parent, spouse 6,914
who is not an underage person, or legal guardian. 6,915
In proceedings before the liquor control commission, no 6,917
permit holder, or the employee or agent of a permit holder, 6,918
charged with a violation of this division shall be charged, for 6,919
the same offense, with a violation of division (A)(1) of section 6,920
4301.22 of the Revised Code. 6,921
(B) No person who is the owner or occupant of any public 6,923
or private place shall knowingly allow any underage person to 6,924
remain in or on the place while possessing or consuming beer or 6,925
intoxicating liquor, unless the intoxicating liquor or beer is 6,926
given to the person possessing or consuming it by that person's 6,927
parent, spouse who is not an underage person, or legal guardian 6,928
and the parent, spouse who is not an underage person, or legal 6,929
guardian is present at the time of the person's possession or 6,930
consumption of the beer or intoxicating liquor. 6,931
An owner of a public or private place is not liable for 6,933
acts or omissions in violation of this division that are 6,934
committed by a lessee of that place, unless the owner authorizes 6,935
or acquiesces in the lessee's acts or omissions. 6,936
(C) No person shall engage or use accommodations at a 6,938
hotel, inn, cabin, campground, or restaurant when he THE PERSON 6,939
151
knows or has reason to know either of the following: 6,940
(1) That beer or intoxicating liquor will be consumed by 6,942
an underage person on the premises of the accommodations that the 6,943
person engages or uses, unless the person engaging or using the 6,944
accommodations is the spouse of the underage person and who is 6,945
not himself an underage person, or is the parent or legal 6,946
guardian of all of the underage persons, who consume beer or 6,947
intoxicating liquor on the premises and that person is on the 6,948
premises at all times when beer or intoxicating liquor is being 6,949
consumed by an underage person; 6,950
(2) That a drug of abuse will be consumed on the premises 6,952
of the accommodations by any person, except a person who obtained 6,953
the drug of abuse pursuant to a prescription issued by a 6,954
practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE 6,955
DRUGS and has the drug of abuse in the original container in 6,957
which it was dispensed to the person.
(D)(1) No person is required to permit the engagement of 6,959
accommodations at any hotel, inn, cabin, or campground by an 6,960
underage person or for an underage person, if the person engaging 6,961
the accommodations knows or has reason to know that the underage 6,962
person is intoxicated, or that the underage person possesses any 6,963
beer or intoxicating liquor and is not accompanied by a parent, 6,964
spouse who is not an underage person, or legal guardian who is or 6,965
will be present at all times when the beer or intoxicating liquor 6,966
is being consumed by the underage person. 6,967
(2) No underage person shall knowingly engage or attempt 6,969
to engage accommodations at any hotel, inn, cabin, or campground 6,970
by presenting identification that falsely indicates that he THE 6,971
UNDERAGE PERSON is twenty-one years of age or older for the 6,972
purpose of violating this section. 6,974
(E) No underage person shall knowingly possess or consume 6,976
any beer or intoxicating liquor, in any public or private place, 6,977
unless he THE UNDERAGE PERSON is accompanied by a parent, spouse 6,978
who is not an underage person, or legal guardian, or unless the 6,980
152
beer or intoxicating liquor is given by a physician in the 6,981
regular line of his THE PHYSICIAN'S practice or given for 6,982
established religious purposes. 6,983
(F) No parent, spouse who is not an underage person, or 6,985
legal guardian of a minor shall knowingly permit the minor to 6,986
violate this section or section 4301.63, 4301.632, 4301.633, or 6,987
4301.634 of the Revised Code. 6,988
(G) The operator of any hotel, inn, cabin, or campground 6,990
shall make the provisions of this section available in writing to 6,991
any person engaging or using accommodations at the hotel, inn, 6,992
cabin, or campground. 6,993
(H) As used in this section: 6,995
(1) "Drug of abuse" has the same meaning as in section 6,997
3719.011 of the Revised Code. 6,998
(2) "Hotel" has the same meaning as in section 3731.01 of 7,000
the Revised Code. 7,001
(3) "LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE 7,003
DRUGS" AND "PRESCRIPTION" HAVE THE SAME MEANINGS AS IN SECTION 7,005
4729.02 OF THE REVISED CODE.
(4) "Minor" means a person under the age of eighteen 7,007
years. 7,008
(4) "Practitioner" and "prescription" have the same 7,010
meanings as in section 3719.01 of the Revised Code. 7,011
(5) "Underage person" means a person under the age of 7,013
twenty-one years. 7,014
Sec. 4303.01. As used in sections 4303.01 to 4303.37 of 7,023
the Revised Code, "intoxicating liquor," "liquor," "sale," 7,024
"sell," "vehicle," "alcohol," "beer," "malt liquor," "malt 7,025
beverage," "wine," "mixed beverages," "spirituous liquor," 7,026
"sealed container," "person," "manufacture," "manufacturer,"
"wholesale distributor," "distributor," "hotel," "restaurant," 7,027
"club," "night club," "at retail," "drugstore PHARMACY," and 7,028
"Enclosed ENCLOSED shopping center" have the meaning set forth in 7,031
section 4301.01 of the Revised Code.
153
Sec. 4303.21. Permit G may be issued to the owner of a 7,040
drugstore PHARMACY in charge of a registered LICENSED pharmacist 7,042
to be named in such permit for the sale at retail of alcohol for 7,044
medicinal purposes in quantities at each sale of not more than
one gallon upon the written prescription of a physician or 7,045
dentist who is lawfully and regularly engaged in the practice of 7,046
his THE PHYSICIAN'S OR DENTIST'S profession in this state, and 7,047
for the sale of industrial alcohol for mechanical, chemical, or 7,048
scientific purposes to a person known by the seller to be engaged 7,049
in such mechanical, chemical, or scientific pursuits; all subject 7,050
to section 4303.34 of the Revised Code. The fee for this permit 7,051
if fifty dollars.
Sec. 4303.27. Each permit issued under sections 4303.02 to 7,060
4303.23 of the Revised Code, shall authorize the person named to 7,061
carry on the business specified at the place or in the boat, 7,062
vessel, or classes of dining car equipment described, and shall 7,063
be issued for one year, or part thereof, commencing on the day 7,064
after the uniform expiration dates designated by the division of 7,066
liquor control, or for the unexpired portion of such year, and no 7,067
longer, subject to suspension, revocation, or cancellation as 7,068
authorized or required by Chapters 4301. and 4303. of the Revised 7,069
Code. Upon application by a permit holder, the superintendent of 7,070
liquor control may expand during specified seasons of the year 7,072
the premises for which the permit holder's permit was issued to 7,073
include a premises immediately adjacent to the premises for which 7,074
the permit was issued, so long as the immediately adjacent 7,075
premises is under the permit holder's ownership and control and 7,076
is located in an area where sales under the permit are not 7,077
prohibited because of a local option election. Whenever the 7,078
superintendent considers it advisable to cancel the unexpired 7,079
portion of an outstanding permit in order that the permit may be 7,080
issued on one of the uniform expiration dates designated by the 7,081
superintendent, the superintendent shall refund to the holder a 7,083
proportionate amount representing the unexpired portion of the 7,085
154
permit year pursuant to section 4301.41 of the Revised Code. 7,086
Such permit does not authorize the person named to carry on the 7,087
business specified at any place or in any vehicle, boat, vessel, 7,088
or class of dining car equipment other than that named, nor does 7,089
it authorize any person other than the one named in such permit 7,090
to carry on such business at the place or in the vehicle, boat, 7,091
vessel, or class of dining car equipment named, except pursuant 7,092
to compliance with the rules and orders of the division governing 7,094
the assignment and transfer of permits, and with the consent of 7,095
the division. The holder of a G permit may substitute the name 7,096
of another registered LICENSED pharmacist for that entered on the 7,098
permit, subject to rules of the division. 7,099
Chapters 4301. and 4303. of the Revised Code do not 7,101
prohibit the holder of an A, B, C, or D permit from making 7,102
deliveries of beer or intoxicating liquor containing not more 7,103
than twenty-one per cent of alcohol by volume, or prohibit the 7,104
holder of an A or B permit from selling or distributing beer or 7,105
intoxicating liquor to a person at a place outside this state, or 7,106
prohibit the holder of any such a permit, or an H permit, from 7,107
delivering any beer or intoxicating liquor so sold from a point 7,108
in this state to a point outside this state. 7,109
Sec. 4303.34. The sale of alcohol under G and I permits is 7,118
subject to the following restrictions in addition to those 7,119
imposed by the rules or orders of the division of liquor control: 7,122
(A) All sales under such permits shall be made by the 7,124
registered LICENSED pharmacist in charge of the store or by a 7,125
registered assistant LICENSED pharmacist INTERN, lawfully 7,127
employed therein.
(B) All sales to hospitals, infirmaries, and medical or 7,129
educational institutions for the uses authorized by such permits 7,130
shall be made only upon the written, signed, dated, and sworn 7,131
application of the superintendent of such institution. 7,132
(C) All sales of alcohol to physicians, dentists, and 7,134
veterinary surgeons shall be made only on the written, signed, 7,135
155
dated, and sworn application of such physician, dentist, or 7,136
veterinary surgeon, personally presented by the applicant. 7,137
(D) All sales of alcohol for mechanical, chemical, or 7,139
scientific purposes shall be made only upon the written 7,140
application of the purchaser known by the registered pharmacist 7,141
or assistant pharmacist INTERN to be a person engaged in such 7,142
mechanical, chemical, or scientific pursuits, which application 7,143
shall be dated, signed, and sworn to by the purchaser. 7,144
All applications required by this section shall state 7,146
clearly and specifically the kind and quantity of alcohol 7,147
required and the use to which it is to be put by the person 7,148
purchasing it, and that the person will not use any of the 7,149
alcohol procured for any other use than that stated in the 7,151
application.
All prescriptions and applications required by this section 7,153
shall be canceled as soon as filled by the person filling the 7,154
same, by having "canceled" plainly written or stamped thereon and 7,155
signed and dated by the person who filled the same, and shall be 7,156
kept open to public inspection. No person shall furnish alcohol 7,157
more than once on any such prescription or application. 7,158
Each holder of such a permit shall register in an 7,160
alphabetically arranged book, kept exclusively for that purpose, 7,161
all prescriptions of physicians and dentists, in the following 7,162
order: the name of the physician or dentist, the name of the 7,163
person prescribed for, the quantity and kind of alcohol, and the 7,164
use for which prescribed. 7,165
The person making the sale shall indorse upon the 7,167
prescription the date upon which it was filled and the person's 7,168
own name. Each such holder shall keep a record of applications, 7,170
showing the date of each, by whom made, the quantity and kind of 7,171
alcohol supplied, and when, where, and for what purpose and by 7,172
whom such alcohol was to be used. Each applicant shall certify 7,173
to the same by signing the applicant's name in such record book. 7,174
Such book shall be open at all times during business hours to the 7,176
156
inspection of the division. 7,177
Any registered LICENSED pharmacist or assistant pharmacist 7,180
INTERN may administer the oath required by this section. 7,181
Sec. 4723.28. As used in this section, "dangerous drug" 7,190
and "prescription" have the same meanings as in section 4729.02 7,191
4729.01 of the Revised Code. 7,192
(A) The board of nursing, pursuant to an adjudication 7,194
conducted under Chapter 119. of the Revised Code and by a vote of 7,195
a quorum, may revoke or may refuse to grant a license or 7,196
certificate to a person found by the board to have committed 7,198
fraud in passing the examination or to have committed fraud, 7,199
misrepresentation, or deception in applying for or securing any 7,200
license or certificate issued by the board. 7,202
(B) The board of nursing, pursuant to an adjudication 7,204
conducted under Chapter 119. of the Revised Code and by a vote of 7,205
a quorum, may impose one or more of the following sanctions: 7,206
deny, revoke permanently, suspend, or place restrictions on any 7,207
license or certificate issued by the board; reprimand or 7,209
otherwise discipline a holder of a license or certificate; or 7,210
impose a fine of not more than five hundred dollars per 7,212
violation. The sanctions may be imposed for any of the
following: 7,213
(1) Denial, revocation, suspension, or restriction of a 7,215
license to practice nursing, for any reason other than a failure 7,216
to renew, in another state or jurisdiction; or denial, 7,217
revocation, suspension, or restriction of a license to practice a 7,218
health care occupation other than nursing, for any reason other 7,219
than a failure to renew, in Ohio or another state or 7,220
jurisdiction;
(2) Engaging in the practice of nursing, having failed to 7,222
renew a license issued under this chapter, or while a license is 7,223
under suspension; 7,224
(3) Conviction of, a plea of guilty to, or a judicial 7,226
finding of guilt of a misdemeanor committed in the course of 7,227
157
practice; 7,228
(4) Conviction of, a plea of guilty to, or a judicial 7,230
finding of guilt of any felony or of any crime involving gross 7,231
immorality or moral turpitude; 7,232
(5) Selling, giving away, or administering drugs for other 7,234
than legal and legitimate therapeutic purposes; or conviction of, 7,235
a plea of guilty to, or a judicial finding of guilt of violating 7,236
any municipal, state, county, or federal drug law; 7,237
(6) Conviction of, a plea of guilty to, or a judicial 7,239
finding of guilt of an act in another jurisdiction that would 7,240
constitute a felony or a crime of moral turpitude in Ohio; 7,241
(7) Conviction of, a plea of guilty to, or a judicial 7,243
finding of guilt of an act in the course of practice in another 7,244
jurisdiction that would constitute a misdemeanor in Ohio; 7,245
(8) Self-administering or otherwise taking into the body 7,247
any dangerous drug in any way not in accordance with a legal, 7,248
valid prescription; 7,249
(9) Habitual indulgence in the use of controlled 7,251
substances, other habit-forming drugs, or alcohol or other 7,252
chemical substances to an extent that impairs ability to 7,253
practice; 7,254
(10) Impairment of the ability to practice according to 7,256
acceptable and prevailing standards of safe nursing care because 7,257
of habitual or excessive use of drugs, alcohol, or other chemical 7,260
substances that impair the ability to practice; 7,261
(11) Impairment of the ability to practice according to 7,263
acceptable and prevailing standards of safe nursing care because 7,264
of a physical or mental disability; 7,265
(12) Assaulting or causing harm to a patient or depriving 7,267
a patient of the means to summon assistance; 7,268
(13) Obtaining or attempting to obtain money or anything 7,270
of value by intentional misrepresentation or material deception 7,271
in the course of practice; 7,272
(14) Adjudication by a probate court that the license 7,274
158
applicant or license holder is mentally ill or mentally 7,275
incompetent. The board may restore the license upon adjudication 7,276
by a probate court of the person's restoration to competency or 7,277
upon submission to the board of other proof of competency. 7,278
(15) The suspension or termination of employment by the 7,280
department of defense or the veterans administration of the 7,281
United States for any act that violates or would violate this 7,282
chapter; 7,283
(16) Violation of this chapter or any rules adopted under 7,285
it; 7,286
(17) Violation of any restrictions placed on a license by 7,288
the board; 7,289
(18) Failure to use universal blood and body fluid 7,291
precautions established by rules adopted under section 4723.07 of 7,292
the Revised Code; 7,293
(19) Failure to practice in accordance with acceptable and 7,296
prevailing standards of safe nursing care; 7,297
(20) In the case of a registered nurse, engaging in 7,299
activities that exceed the practice of nursing as a registered 7,300
nurse under section 4723.02 of the Revised Code; 7,301
(21) In the case of a licensed practical nurse, engaging 7,303
in activities that exceed the practice of nursing as a licensed 7,304
practical nurse under section 4723.02 of the Revised Code; 7,305
(22) Aiding and abetting in the unlicensed practice of 7,307
nursing; 7,308
(23) In the case of a certified registered nurse 7,310
anesthetist, clinical nurse specialist, certified nurse-midwife, 7,312
or certified nurse practitioner, or a registered nurse approved 7,313
as an advanced practice nurse under section 4723.55 of the 7,314
Revised Code, either of the following: 7,315
(a) Waiving the payment of all or any part of a deductible 7,317
or copayment that a patient, pursuant to a health insurance or 7,318
health care policy, contract, or plan that covers such nursing 7,319
services, would otherwise be required to pay if the waiver is 7,320
159
used as an enticement to a patient or group of patients to 7,321
receive health care services from that provider; 7,322
(b) Advertising that the nurse will waive the payment of 7,324
all or any part of a deductible or copayment that a patient, 7,325
pursuant to a health insurance or health care policy, contract, 7,326
or plan that covers such nursing services, would otherwise be 7,327
required to pay. 7,328
(24) Failure to comply with the terms and conditions of 7,330
participation in the alternative program for chemically dependent 7,332
nurses created by section 4723.35 of the Revised Code; 7,333
(25) In the case of a certified registered nurse 7,335
anesthetist, clinical nurse specialist, certified nurse-midwife, 7,336
or certified nurse practitioner: 7,337
(a) Engaging in activities that exceed those permitted for 7,340
the nurse's nursing specialty under section 4723.43 of the
Revised Code; 7,341
(b) Failure to meet the quality assurance standards 7,343
established under section 4723.07 of the Revised Code. 7,345
(26) In the case of a clinical nurse specialist, certified 7,347
nurse-midwife, or certified nurse practitioner, failure to 7,348
maintain a standard care arrangement in accordance with section 7,349
4723.431 of the Revised Code or to practice in accordance with 7,350
the standard care arrangement. 7,351
(C) If a criminal action is brought against a license 7,353
holder for an act or crime described in divisions (B)(3) to (7) 7,354
of this section and the action is dismissed by the trial court 7,355
other than on the merits, the board shall hold an adjudication 7,357
hearing to determine whether the license holder committed the act
on which the action was based. If the board determines on the 7,358
basis of the hearing that the license holder committed the act, 7,359
or if the license holder fails to participate in the hearing, the 7,360
board may take action as though the license holder had been 7,361
convicted of the act. 7,362
If the board takes action on the basis of a conviction, 7,364
160
plea of guilty, or a judicial determination of guilt as described 7,365
in divisions (B)(3) to (7) of this section that is overturned on 7,366
appeal, the license holder may, on exhaustion of the appeal 7,367
process, petition the board for reconsideration of its action. 7,368
On receipt of the petition and supporting court documents, the 7,369
board shall temporarily rescind its action. If the board 7,370
determines that the decision on appeal was a decision on the 7,371
merits, it shall permanently rescind its action. If the board 7,372
determines that the decision on appeal was not a decision on the 7,373
merits, it shall hold an adjudicatory hearing to determine 7,374
whether the license holder committed the act on which the 7,375
original conviction, plea, or judicial determination was based. 7,376
If the board determines on the basis of the hearing that the 7,377
license holder committed such act, or if the license holder does 7,378
not request a hearing, the board shall reinstate its action; 7,379
otherwise, the board shall permanently rescind its action. 7,380
Notwithstanding the provision of division (C)(2) of section 7,382
2953.32 of the Revised Code specifying that if records pertaining 7,383
to a criminal case are sealed under that section the proceedings 7,384
in the case shall be deemed not to have occurred, sealing of the 7,385
records of a conviction on which the board has based an action 7,386
under this section shall have no effect on the board's action or 7,387
any sanction imposed by the board under this section. 7,388
(D) In enforcing division (B) of this section, the board 7,390
may compel any individual licensed by this chapter or who has 7,391
applied for licensure to submit to a mental or physical 7,392
examination, or both, as required by the board and at the expense 7,393
of the individual. Failure of any individual to submit to a 7,394
mental or physical examination when directed constitutes an 7,395
admission of the allegations, unless the failure is due to 7,396
circumstances beyond the individual's control, and a default and 7,397
final order may be entered without the taking of testimony or 7,398
presentation of evidence. If the board finds that an individual 7,399
is impaired, the board shall require the individual to submit to 7,400
161
care, counseling, or treatment approved or designated by the 7,401
board, as a condition for initial, continued, reinstated, or 7,402
renewed licensure to practice. The individual shall be afforded 7,403
an opportunity to demonstrate to the board that the individual 7,404
can resume the individual's occupation in compliance with 7,406
acceptable and prevailing standards under the provisions of the 7,408
individual's license. For the purpose of this section, any 7,410
individual who is licensed by this chapter or makes application 7,411
for licensure shall be deemed to have given consent to submit to 7,412
a mental or physical examination when directed to do so in 7,413
writing by the board, and to have waived all objections to the 7,414
admissibility of testimony or examination reports that constitute 7,415
a privileged communication.
(E) The board shall investigate evidence that appears to 7,417
show that any person has violated any provision of this chapter 7,418
or any rule of the board. Any person may report to the board any 7,419
information the person may have that appears to show a violation 7,420
of any provision of this chapter or rule of the board. In the 7,421
absence of bad faith, any person who reports such information or 7,422
who testifies before the board in any adjudication conducted 7,424
under Chapter 119. of the Revised Code shall not be liable for 7,425
civil damages as a result of the report or testimony.
Information received by the board pursuant to an 7,427
investigation is confidential and not subject to discovery in any 7,428
civil action, except that the board may disclose information to 7,429
law enforcement officers and government entities investigating a 7,430
person licensed by the board. No law enforcement officer or 7,431
government entity with knowledge of any information disclosed by 7,432
the board pursuant to this division shall divulge the information 7,433
to any other person or government entity except for the purpose 7,434
of an adjudication by a court or licensing or registration board 7,435
or officer to which the person to whom the information relates is
a party. 7,436
If the investigation requires a review of patient records, 7,438
162
the investigation and proceeding shall be conducted in such a 7,439
manner as to protect patient confidentiality. 7,440
All hearings and investigations of the board shall be 7,442
considered civil actions for the purposes of section 2305.251 of 7,443
the Revised Code. 7,444
The hearings of the board shall be conducted in accordance 7,446
with Chapter 119. of the Revised Code. The board may appoint a 7,447
hearing examiner as provided in section 119.09 to conduct any 7,448
hearing the board is empowered to hold under Chapter 119. of the 7,449
Revised Code. 7,450
In the absence of fraud or bad faith, neither the board nor 7,452
any current or former members, agents, representatives, or 7,453
employees of the board shall be held liable in damages to any 7,454
person as the result of any act, omission, proceeding, conduct, 7,455
or decision related to their official duties undertaken or 7,456
performed pursuant to this chapter. If a current or former 7,457
member, agent, representative, or employee requests the state to 7,458
defend the individual against any claim or action arising out of 7,459
any act, omission, proceeding, conduct, or decision related to 7,461
the individual's official duties, if the request is made in 7,463
writing at a reasonable time before trial, and if the individual 7,464
requesting defense cooperates in good faith in the defense of the 7,465
claim or action, the state shall provide and pay for such defense 7,466
and shall pay any resulting judgment, compromise, or settlement. 7,467
At no time shall the state pay that part of a claim or judgment 7,468
that is for punitive or exemplary damages. 7,469
(F) Any action taken by the board under this section 7,471
resulting in a suspension from practice shall be accompanied by a 7,472
written statement of the conditions under which the person may be 7,473
reinstated to practice. 7,474
(G) No unilateral surrender of a license issued under this 7,476
chapter shall be effective unless accepted by majority vote of 7,477
the board. No application for a license issued under this 7,478
chapter may be withdrawn without a majority vote of the board. 7,479
163
(H) Notwithstanding division (B)(23) of this section, 7,481
sanctions shall not be imposed against any licensee who waives 7,482
deductibles and copayments: 7,483
(1) In compliance with the health benefit plan that 7,485
expressly allows such a practice. Waiver of the deductibles or 7,486
copayments shall be made only with the full knowledge and consent 7,487
of the plan purchaser, payer, and third-party administrator. The 7,488
consent shall be made available to the board upon request. 7,489
(2) For professional services rendered to any other person 7,491
licensed pursuant to this chapter to the extent allowed by this 7,492
chapter and the rules of the board. 7,493
Sec. 4725.01. As used in this chapter: 7,502
(A)(1) The "practice of optometry" means the application 7,504
of optical principles, through technical methods and devices, in 7,505
the examination of human eyes for the purpose of ascertaining 7,506
departures from the normal, measuring their functional powers, 7,507
adapting optical accessories for the aid thereof, and detecting 7,508
ocular abnormalities that may be evidence of disease, pathology, 7,509
or injury. 7,510
(2) In the case of a licensed optometrist who holds a 7,512
topical ocular pharmaceutical agents certificate, the "practice 7,513
of optometry" has the same meaning as in division (A)(1) of this 7,514
section, except that it also includes administering topical 7,515
ocular pharmaceutical agents for the purposes set forth in 7,516
division (A)(1) of this section. 7,517
(3) In the case of a licensed optometrist who holds a 7,519
therapeutic pharmaceutical agents certificate, the "practice of 7,520
optometry" has the same meaning as in divisions (A)(1) and (2) of 7,521
this section, except that it also includes employing, applying, 7,522
administering, and prescribing instruments, devices, procedures 7,523
other than invasive procedures, and therapeutic pharmaceutical 7,524
agents for the following purposes: 7,525
(a) Examination, investigation, diagnosis, or prevention 7,527
of any disease, injury, or other abnormal condition of the visual 7,528
164
system; 7,529
(b) Treatment or cure of any disease, injury, or other 7,531
abnormal condition of the anterior segment of the human eye. 7,532
(B) "Topical ocular pharmaceutical agents" means: 7,534
(1) Proparacaine hydrochloride in a potency not exceeding 7,536
five-tenths of one per cent ophthalmic solution; 7,537
(2) Benoxinate hydrochloride in a potency not exceeding 7,539
four-tenths of one per cent ophthalmic solution; 7,540
(3) Phenylephrine hydrochloride in a potency not exceeding 7,542
two and five-tenths per cent ophthalmic solution; 7,543
(4) Hydroxyamphetamine hydrobromide in a potency not 7,545
exceeding one per cent ophthalmic solution; 7,546
(5) Tropicamide in a potency not exceeding one per cent 7,548
ophthalmic solution; 7,549
(6) Cyclopentolate in a potency not exceeding one per cent 7,551
ophthalmic solution; 7,552
(7) Any other topical ocular pharmaceutical agents if the 7,554
primary indications for their use are consistent with the 7,555
purposes set forth in division (A)(1) of this section, their new 7,556
drug application is approved by and the potency in which they may 7,557
be used for evaluative purposes has been established by the 7,558
federal food and drug administration after January 1, 1983, and 7,559
their use for the purposes set forth in division (A)(1) of this 7,560
section has been approved by rule of the state board of 7,561
optometry. 7,562
(C) "Therapeutic pharmaceutical agent" means a topical 7,564
ocular pharmaceutical agent or any of the following drugs or 7,565
dangerous drugs, as defined in section 4729.02 4729.01 of the 7,566
Revised Code, that is used for examination, investigation, 7,568
diagnosis, or prevention of disease, injury, or other abnormal 7,569
condition of the visual system or for treatment or cure of 7,570
disease, injury, or other abnormal condition of the anterior 7,571
segment of the human eye and is an anti-microbial, anti-allergy, 7,572
anti-glaucoma, topical anti-inflammatory, or cycloplegic agent, 7,573
165
or an analgesic:
(1) A topical ophthalmic preparation; 7,575
(2) Oral dosage of any of the following drugs: 7,577
(a) Acetazolamide; 7,579
(b) Astemizole; 7,581
(c) Dichlorphenamide; 7,583
(d) Diphenhydramine; 7,585
(e) Glycerin in a fifty per cent solution; 7,587
(f) Isosorbide in a forty-five per cent solution; 7,589
(g) Methazolamide; 7,591
(h) Analgesics that may be legally sold without 7,593
prescription; 7,594
(i) Terfenadine; 7,596
(j) Ampicillin in a two hundred fifty milligram or five 7,598
hundred milligram dosage; 7,599
(k) Cefaclor in a two hundred fifty milligram or five 7,601
hundred milligram dosage; 7,602
(l) Cephalexin in a two hundred fifty milligram or five 7,604
hundred milligram dosage; 7,605
(m) Dicloxacillin in a two hundred fifty milligram or five 7,607
hundred milligram dosage; 7,608
(n) Doxycycline in a fifty milligram or one hundred 7,610
milligram dosage; 7,611
(o) Erythromycin in a two hundred fifty milligram, three 7,613
hundred and thirty-three milligram, or five hundred milligram 7,614
dosage; 7,615
(p) Penicillin VK in a two hundred fifty milligram or five 7,617
hundred milligram dosage; 7,618
(q) Tetracycline in a two hundred fifty milligram or five 7,620
hundred milligram dosage. 7,621
(3) Any other oral dosage of a drug or dangerous drug that 7,623
is listed by rule adopted by the state board of optometry under 7,624
section 4725.04 of the Revised Code. 7,625
(D) "Invasive procedure" means any procedure that involves 7,627
166
cutting or otherwise infiltrating human tissue by mechanical 7,628
means including surgery, laser surgery, ionizing radiation, 7,629
therapeutic ultrasound, administering medication by injection, or 7,630
the removal of intraocular foreign bodies. 7,631
(E) "Visual system" means the human eye and its accessory 7,633
or subordinate anatomical parts. 7,634
(F) "Certificate of licensure" means a certificate issued 7,636
by the state board of optometry under section 4725.09 of the 7,637
Revised Code authorizing the holder to practice optometry as 7,638
provided in division (A)(1) of this section. 7,639
(G) "Topical ocular pharmaceutical agents certificate" 7,641
means a certificate issued by the state board of optometry under 7,642
section 4725.09 of the Revised Code authorizing the holder to 7,643
practice optometry as provided in division (A)(2) of this 7,644
section. 7,645
(H) "Therapeutic pharmaceutical agents certificate" means 7,647
a certificate issued by the state board of optometry under 7,648
division (A)(3) or (4) of section 4725.09 of the Revised Code 7,649
authorizing the holder to practice optometry as provided in 7,650
division (A)(3) of this section. 7,651
Sec. 4729.02 4729.01. As used in this chapter: 7,660
(A) "Pharmacy" means any area, room, rooms, place of 7,662
business, department, or portion of any of the foregoing, where 7,664
prescriptions are filled or where drugs, dangerous drugs, or 7,665
poisons are compounded, sold, offered, or displayed for sale, 7,666
dispensed, or distributed to the public THE PRACTICE OF PHARMACY 7,667
IS CONDUCTED. 7,668
(B) To "practice PRACTICE OF pharmacy" means to interpret 7,671
PROVIDING PHARMACIST CARE REQUIRING SPECIALIZED KNOWLEDGE,
JUDGMENT, AND SKILL DERIVED FROM THE PRINCIPLES OF BIOLOGICAL, 7,672
CHEMICAL, BEHAVIORAL, SOCIAL, PHARMACEUTICAL, AND CLINICAL 7,673
SCIENCES. AS USED IN THIS DIVISION, "PHARMACIST CARE" INCLUDES 7,674
THE FOLLOWING:
(1) INTERPRETING prescriptions, to compound or dispense; 7,676
167
(2) COMPOUNDING OR DISPENSING drugs, dangerous drugs, and 7,679
poisons, and DISPENSING DRUG THERAPY related devices that under 7,680
the "Federal Food, Drug, and Cosmetic Act" must be labeled for 7,682
sale only on the order of a practitioner; to participate in drug 7,683
selection pursuant to Chapter 3715. and section 4729.38 of the 7,684
Revised Code; and to participate with practitioners in reviews of 7,685
drug utilization.; 7,686
(C)(3) COUNSELING INDIVIDUALS WITH REGARD TO THEIR DRUG 7,688
THERAPY, RECOMMENDING DRUG THERAPY RELATED DEVICES, AND ASSISTING 7,690
IN THE SELECTION OF DRUGS AND APPLIANCES FOR TREATMENT OF COMMON 7,691
DISEASES AND INJURIES AND PROVIDING INSTRUCTION IN THE PROPER USE 7,693
OF THE DRUGS AND APPLIANCES;
(4) PERFORMING DRUG REGIMEN REVIEWS WITH INDIVIDUALS BY 7,696
DISCUSSING ALL OF THE DRUGS THAT THE INDIVIDUAL IS TAKING AND
EXPLAINING THE INTERACTIONS OF THE DRUGS; 7,697
(5) PERFORMING DRUG UTILIZATION REVIEWS WITH LICENSED 7,699
HEALTH PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS WHEN THE 7,700
PHARMACIST DETERMINES THAT AN INDIVIDUAL WITH A PRESCRIPTION HAS 7,701
A DRUG REGIMEN THAT WARRANTS ADDITIONAL DISCUSSION WITH THE 7,702
PRESCRIBER; 7,703
(6) ADVISING AN INDIVIDUAL AND THE HEALTH CARE 7,705
PROFESSIONALS TREATING AN INDIVIDUAL WITH REGARD TO THE 7,706
INDIVIDUAL'S DRUG THERAPY; 7,707
(7) ACTING PURSUANT TO A CONSULT AGREEMENT WITH A 7,709
PHYSICIAN AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED CODE TO 7,713
PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND 7,714
SURGERY, IF AN AGREEMENT HAS BEEN ESTABLISHED WITH THE PHYSICIAN. 7,715
(C) "COMPOUNDING" MEANS THE PREPARATION, MIXING, 7,718
ASSEMBLING, PACKAGING, AND LABELING OF ONE OR MORE DRUGS IN ANY 7,719
OF THE FOLLOWING CIRCUMSTANCES: 7,720
(1) PURSUANT TO A PRESCRIPTION ISSUED BY A LICENSED HEALTH 7,723
PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS;
(2) PURSUANT TO THE MODIFICATION OF A PRESCRIPTION MADE IN 7,725
ACCORDANCE WITH A CONSULT AGREEMENT; 7,726
168
(3) AS AN INCIDENT TO RESEARCH, TEACHING ACTIVITIES, OR 7,729
CHEMICAL ANALYSIS;
(4) IN ANTICIPATION OF PRESCRIPTION DRUG ORDERS BASED ON 7,732
ROUTINE, REGULARLY OBSERVED DISPENSING PATTERNS.
(D) "CONSULT AGREEMENT" MEANS AN AGREEMENT TO MANAGE AN 7,734
INDIVIDUAL'S DRUG THERAPY THAT HAS BEEN ENTERED INTO BY A 7,736
PHARMACIST AND A PHYSICIAN AUTHORIZED UNDER CHAPTER 4731. OF THE 7,737
REVISED CODE TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC 7,740
MEDICINE AND SURGERY.
(E) "Drug" means: 7,742
(1) Any article recognized in the official United States 7,744
pharmacopeia, PHARMACOPOEIA AND national formulary, or any 7,745
supplement TO THEM, intended for use in the diagnosis, cure, 7,747
mitigation, treatment, or prevention of disease in man HUMANS or 7,748
other animals;
(2) Any other article intended for use in the diagnosis, 7,750
cure, mitigation, treatment, or prevention of disease in man 7,751
HUMANS or other animals; 7,752
(3) Any article, other than food, intended to affect the 7,754
structure or any function of the body of man HUMANS or other 7,756
animals;
(4) Any article intended for use as a component of any 7,758
article specified in division (C)(1), (2), or (3) of this 7,759
section; but does not include devices or their components, parts, 7,760
or accessories. 7,761
(D)(F) "Dangerous drug" means any of the following: 7,763
(1) Any drug to which either of the following applies: 7,765
(a) Under the "Federal Food, Drug, and Cosmetic Act," 52 7,768
STAT. 1040 (1938), 21 U.S.C.A. 301, AS AMENDED, THE DRUG is 7,769
required to bear a label containing the legend "Caution: Federal 7,771
law prohibits dispensing without prescription" or "Caution: 7,772
Federal law restricts this drug to use by or on the order of a 7,773
licensed veterinarian" or any similar restrictive statement, or 7,774
THE DRUG may be dispensed only upon a prescription; 7,775
169
(b) Under Chapter 3715. or 3719. of the Revised Code, THE 7,777
DRUG may be dispensed only upon a prescription;. 7,778
(2) Any drug that contains a schedule V controlled 7,780
substance and that is exempt from Chapter 3719. of the Revised 7,781
Code or to which that chapter does not apply; 7,782
(3) Any drug intended for administration by injection into 7,784
the human body other than through a natural orifice of the human 7,785
body. 7,786
(E)(G) "Federal drug abuse control laws" has the same 7,788
meaning as in section 3719.01 of the Revised Code. 7,789
(F) "Federal Food, Drug, and Cosmetic Act," means the 7,791
"Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21 7,792
U.S.C. 301, as amended. 7,793
(G)(H) "Prescription" means an A WRITTEN, ELECTRONIC, OR 7,796
ORAL order for drugs or combinations or mixtures of drugs TO BE 7,798
USED BY A PARTICULAR INDIVIDUAL OR FOR TREATING A PARTICULAR 7,799
ANIMAL, written or signed ISSUED by a practitioner or transmitted 7,801
by a practitioner to a pharmacist by word of mouth, telephone, 7,802
telegraph, or other means of communication and recorded in 7,803
writing by the pharmacist LICENSED HEALTH PROFESSIONAL AUTHORIZED 7,804
TO PRESCRIBE DRUGS.
(H)(I) "Practitioner LICENSED HEALTH PROFESSIONAL 7,806
AUTHORIZED TO PRESCRIBE DRUGS" means any of the following: 7,807
(1) A person AN INDIVIDUAL who is licensed pursuant to 7,809
Chapter 4715., 4725., 4731., or 4741. of the Revised Code and 7,810
authorized by law to write prescriptions for drugs or PRESCRIBE 7,812
DRUGS OR dangerous drugs; 7,813
(2) A professional association, as defined in section 7,815
1785.01 of the Revised Code, organized by an individual who is, 7,816
or a group of individuals who are, licensed pursuant to Chapter 7,817
4715., 4725., 4731., or 4741. of the Revised Code and authorized 7,818
by law to write prescriptions for drugs or dangerous drugs, or a 7,819
corporation-for-profit formed under Chapter 1701. of the Revised 7,820
Code by an individual or group of individuals so licensed and 7,821
170
authorized; 7,822
(3) A partnership of individuals who are licensed pursuant 7,824
to Chapter 4715., 4725., 4731., or 4741. of the Revised Code and 7,825
authorized by law to write prescriptions for drugs or dangerous 7,826
drugs; 7,827
(4) A limited liability company formed under Chapter 1705. 7,829
of the Revised Code for the purpose of rendering a professional 7,830
service covered by Chapter 4715., 4725., 4731., or 4741. of the 7,831
Revised Code, the members, employees, other agents, and, if 7,832
applicable, managers of which are licensed or otherwise legally 7,833
authorized to render the covered professional service in this 7,834
state and are authorized by law to write prescriptions for drugs 7,835
or dangerous drugs; 7,836
(5) OR DRUG THERAPY RELATED DEVICES IN THE COURSE OF THE 7,838
INDIVIDUAL'S PROFESSIONAL PRACTICE, INCLUDING ONLY THE FOLLOWING: 7,840
(1) A DENTIST LICENSED UNDER CHAPTER 4715. OF THE REVISED 7,843
CODE;
(2) An advanced practice nurse authorized APPROVED under 7,846
section 4723.56 of the Revised Code to prescribe drugs and 7,847
therapeutic devices; 7,848
(3) AN OPTOMETRIST LICENSED UNDER CHAPTER 4725. OF THE 7,852
REVISED CODE TO PRACTICE OPTOMETRY UNDER A THERAPEUTIC 7,854
PHARMACEUTICAL AGENTS CERTIFICATE;
(4) A PHYSICIAN AUTHORIZED UNDER CHAPTER 4731. OF THE 7,858
REVISED CODE TO PRACTICE MEDICINE AND SURGERY, OSTEOPATHIC 7,860
MEDICINE AND SURGERY, OR PODIATRY;
(5) A VETERINARIAN LICENSED UNDER CHAPTER 4741. OF THE 7,863
REVISED CODE.
(I) "Poison" means any drug, chemical, or preparation 7,865
likely to be deleterious or destructive to adult human life in 7,866
quantities of four grams or less. 7,867
(J) "Sale" and "sell" include delivery, transfer, barter, 7,869
exchange, or gift, or offer therefor, and each such transaction 7,870
made by any person, whether as principal proprietor, agent, or 7,871
171
employee. 7,872
(K) "Wholesale sale" and "sale at wholesale" mean any sale 7,874
in which the purpose of the purchaser is to resell the article 7,875
purchased or received by the purchaser. 7,876
(L) "Retail sale" and "sale at retail" mean any sale other 7,878
than a wholesale sale or sale at wholesale. 7,879
(M) "Retail seller" means any person that sells any 7,881
dangerous drug to consumers without assuming control over and 7,882
responsibility for its administration. Mere advice or 7,883
instructions regarding administration do not constitute control 7,884
or establish responsibility. 7,885
(N) "Price information" means the price charged for a 7,887
prescription for a particular drug product and, in an easily 7,888
understandable manner, all of the following: 7,889
(1) The proprietary name of the drug product; 7,891
(2) The established (generic) name of the drug product; 7,893
(3) The strength of the drug product if the product 7,895
contains a single active ingredient or if the drug product 7,896
contains more than one active ingredient and a relevant strength 7,897
can be associated with the product without indicating each active 7,898
ingredient. The established name and quantity of each active 7,899
ingredient are required if such a relevant strength cannot be so 7,900
associated with a drug product containing more than one 7,901
ingredient. 7,902
(4) The dosage form; 7,904
(5) The price charged for a specific quantity of the drug 7,906
product. The stated price shall include all charges to the 7,907
consumer, including, but not limited to, the cost of the drug 7,908
product, professional fees, handling fees, if any, and a 7,909
statement identifying professional services routinely furnished 7,910
by the pharmacy. Any mailing fees and delivery fees may be 7,911
stated separately without repetition. The information shall not 7,912
be false or misleading. 7,913
(O) "Wholesale distributor of dangerous drugs" means a 7,915
172
person engaged in the sale of dangerous drugs at wholesale and 7,916
includes any agent or employee of such a person authorized by the 7,918
person to engage in the sale of dangerous drugs at wholesale. 7,919
(P) "Manufacturer of dangerous drugs" means a person, 7,921
other than a pharmacist, who manufactures dangerous drugs and who 7,922
is engaged in the sale of those dangerous drugs within this 7,923
state. 7,924
(Q) "Terminal distributor of dangerous drugs" means a 7,926
person, other than a practitioner, who is engaged in the sale of 7,927
dangerous drugs at retail, or any person, other than a wholesale 7,928
distributor or a pharmacist, who has in the person's possession, 7,930
custody, or control OF dangerous drugs for any purpose other than 7,931
for the THAT person's own use and consumption, and includes 7,933
pharmacies, hospitals, nursing homes, and laboratories and all 7,934
other persons who procure dangerous drugs for sale or other 7,935
distribution by or under the supervision of a pharmacist or 7,936
medical practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED TO 7,937
PRESCRIBE DRUGS.
(R) "Promote to the public" means disseminating a 7,939
representation to the public in any manner or by any means, other 7,940
than by labeling, for the purpose of inducing, or that is likely 7,941
to induce, directly or indirectly, the purchase of a dangerous 7,942
drug at retail. 7,943
(S) "Person" includes any individual, partnership, 7,945
association, limited liability company, or corporation, the 7,946
state, any political subdivision of the state, and any district, 7,947
department, or agency of the state or its political subdivisions. 7,948
(T) "Finished dosage form" has the same meaning as in 7,950
division (A)(17) of section 3715.01 of the Revised Code. 7,951
(U) As used in section 4729.38 of the Revised Code, 7,953
"manufacturer" means a person who manufactures, as defined in 7,954
division (A)(18) of section 3715.01 of the Revised Code. 7,955
(V) "Generically equivalent drug" has the same meaning as 7,957
in division (A)(20) of section 3715.01 of the Revised Code. 7,958
173
(W)(V) "Animal shelter" means a facility operated by a 7,960
humane society or any society organized under Chapter 1717. of 7,961
the Revised Code or a dog pound operated pursuant to Chapter 955. 7,962
of the Revised Code. 7,963
(X)(W) "Food" has the same meaning as in section 3715.01 7,965
of the Revised Code. 7,966
Sec. 4729.01 4729.02. There shall be a state board of 7,975
pharmacy, consisting of nine members, eight of whom shall be 7,977
pharmacists registered LICENSED under this chapter, representing 7,978
to the extent practicable various phases of the practice of 7,980
pharmacy, and one of whom shall be a public member at least sixty 7,981
years of age. Members shall be appointed by the governor with the 7,982
advice and consent of the senate. Terms of office shall be for 7,983
four years, commencing on the first day of July and ending on the 7,984
thirtieth day of June. The Ohio state pharmaceutical PHARMACISTS 7,985
association may annually submit to the governor the names of not 7,987
less than five pharmacists registered LICENSED under this 7,988
chapter, and from the names submitted or from others, at his THE 7,990
GOVERNOR'S discretion, the governor each year shall appoint two 7,992
members of the board, except that the governor shall appoint 7,993
three members of the board in 1991 and every four years 7,994
thereafter MAKE APPOINTMENTS TO THE BOARD. Each member shall 7,995
hold office from the date of his appointment until the end of the 7,996
term for which he THE MEMBER was appointed. Any member appointed 7,997
to fill a vacancy occurring prior to the expiration of the term 7,999
for which his THE predecessor was appointed shall hold office for 8,000
the remainder of such term. Any member shall continue in office 8,001
subsequent to the expiration date of his THE MEMBER'S term until 8,002
his A successor takes office, or until a period of sixty days has 8,004
elapsed, whichever occurs first.
No member of the board shall be reappointed to the board 8,006
more than once. 8,007
Sec. 4729.03. The state board of pharmacy shall organize 8,016
by electing a president and a vice-president who are members of 8,017
174
the board. The president shall preside over the meetings of the 8,018
board, but shall not vote upon matters determined by the board, 8,019
except in the event of a tie vote, in which case the president 8,020
shall vote. The board shall also employ an executive director
who is a registered LICENSED pharmacist in good standing in his 8,022
profession and who is not THE PRACTICE OF PHARMACY IN THIS STATE. 8,023
THE PERSON EMPLOYED SHALL NOT BE a member of the board. Each of 8,024
the officers elected shall serve for a term of one year. The 8,025
members of the board shall receive an amount fixed pursuant to
division (J) of section 124.15 of the Revised Code for each day 8,026
employed in the discharge of their official duties and their 8,028
necessary expenses while engaged therein. 8,029
Sec. 4729.06. The state board of pharmacy shall keep a 8,038
record of its proceedings and a register of all persons to whom 8,039
identification cards and certificates LICENSES have been granted 8,040
as pharmacists or pharmacy interns, together with each renewal 8,042
and suspension or revocation of an identification card and
certificate LICENSE. The books and registers of the board shall 8,043
be prima-facie evidence of the matters therein recorded. The 8,045
president and executive director of the board may administer 8,047
oaths.
A statement signed by the executive director to which is 8,049
affixed the official seal of the board to the effect that it 8,050
appears from the records of the board that no such THE BOARD HAS 8,051
NOT ISSUED AN identification card and certificate LICENSE to 8,052
practice pharmacy, or any of its branches, in the state has been 8,053
issued to any such THE person specified therein IN THE STATEMENT, 8,055
or that an identification card and certificate LICENSE, if 8,056
issued, has been revoked or suspended, shall be received as 8,057
prima-facie evidence of the record of such THE board in any court 8,058
or before any officer of this state. 8,059
Sec. 4729.07. An individual desiring to be registered 8,068
LICENSED as a pharmacist shall file with the executive director 8,070
of the state board of pharmacy a verified application giving such 8,071
175
information as the board requires, and appear before the board to 8,072
take an examination to determine fitness to practice pharmacy. 8,073
Examinations of those applying for registration LICENSURE as 8,074
pharmacists shall be held at such times, during each year, and at 8,076
such places as the board determines. The board may make use of 8,077
all or any part of the licensure examination of the national 8,078
association of boards of pharmacy or any other national 8,079
standardized pharmacy examination that it considers appropriate 8,080
to perform its duties under this section. The board may require 8,081
applicants for licensure by examination to purchase the 8,082
examination and any related materials from the organization 8,083
providing it.
Sec. 4729.08. Every applicant for examination and 8,092
registration LICENSURE as a pharmacist shall: 8,093
(A) Be at least eighteen years of age; 8,095
(B) Be of good moral character and habits; 8,097
(C) Have obtained a degree in pharmacy from a program that 8,099
has been recognized and approved by the state board of pharmacy, 8,100
except that graduates of schools or colleges of pharmacy that are 8,101
located outside the United States and have not demonstrated that 8,102
the standards of their programs are at least equivalent to 8,103
programs recognized and approved by the board shall be required 8,104
to pass an equivalency examination recognized and approved by the 8,105
board and to establish written and oral proficiency in English. 8,106
(D) Have satisfactorily completed at least the minimum 8,108
requirements for pharmacy internship as outlined by the board. 8,109
If the board is satisfied that the applicant meets the 8,111
foregoing requirements and if the applicant passes the 8,112
examination required under section 4729.07 of the Revised Code, 8,113
the board shall issue to the applicant a certificate of 8,114
registration LICENSE and an identification card authorizing him 8,116
THE INDIVIDUAL to practice pharmacy.
Sec. 4729.09. The state board of pharmacy may register 8,125
LICENSE an individual as a pharmacist without examination and 8,128
176
issue him a certificate of such registration and an 8,129
identification card TO THE PHARMACIST if such THE individual: 8,131
(A) Holds a certificate LICENSE in good standing to 8,133
practice pharmacy under the laws of another state, has 8,136
successfully completed an examination for registration LICENSURE 8,137
in the other state, and in the opinion of the board, such THE 8,139
examination was at least as thorough as that required by the 8,141
board at the time such THE individual took the examination; 8,143
(B) Is of good moral character and habit; 8,145
(C) Has filed with the board LICENSING BODY of the OTHER 8,147
state with which he holds a certificate of good standing at least 8,150
the credentials or the equivalent as where then THAT WERE 8,151
required by the Ohio board for registration as THIS STATE AT THE 8,152
TIME THE INDIVIDUAL WAS LICENSED a pharmacist. 8,153
The board shall not issue any identification card or 8,155
certificate LICENSE to such AN individual LICENSED IN ANOTHER 8,157
STATE if the state in which such THE individual is registered 8,158
LICENSED does not reciprocate by granting certificates LICENSES 8,159
to practice pharmacy to persons holding valid certificates to 8,161
practice pharmacy in Ohio issued LICENSES RECEIVED through 8,162
examination by the state board of pharmacy of Ohio. 8,163
Sec. 4729.11. The state board of pharmacy shall establish 8,172
a pharmacy internship program for the purpose of providing the 8,173
practical experience necessary for registration TO PRACTICE as a 8,174
pharmacist. Any individual who desires to become a pharmacy 8,176
intern shall apply for registration LICENSURE to the board, and 8,177
shall be issued an identification card and certificate of 8,178
registration LICENSE as a pharmacy intern if in the opinion of 8,180
the board the applicant is actively pursuing an educational 8,181
program in preparation for registration LICENSURE as a pharmacist 8,182
and meets the other requirements as determined by the board. 8,183
Such AN identification card and certificate of registration 8,185
LICENSE shall be valid until the next annual renewal date and 8,187
shall be renewed only if the intern is meeting the requirements
177
and regulations RULES of the board. 8,188
The state board of pharmacy may appoint a director of 8,190
pharmacy internship who is a registered LICENSED pharmacist and 8,191
who is not directly or indirectly connected with a school or 8,193
college of pharmacy or department of pharmacy of a university. 8,194
THE
The director of pharmacy internship shall be responsible to 8,196
the board for the operation and direction of the pharmacy 8,198
internship program established by the board under this section, 8,199
and for such other duties as the board may assign. 8,200
Sec. 4729.12. The AN IDENTIFICATION CARD ISSUED BY THE 8,209
state board of pharmacy shall issue an identification card to 8,211
each registered pharmacist or pharmacy intern, which shall 8,212
entitle UNDER SECTION 4729.08 OF THE REVISED CODE ENTITLES the
individual to whom it is issued to practice as a pharmacist or as 8,214
a pharmacy intern in this state until the next annual renewal 8,216
date.
Identification cards shall be renewed annually on the 8,218
fifteenth day of September, according to the standard renewal 8,219
procedure of sections 4745.01 to 4745.03 CHAPTER 4745. of the 8,221
Revised Code.
Each pharmacist and pharmacy intern shall have his CARRY 8,224
THE identification card or renewal identification card on his 8,225
person while engaged in the practice of pharmacy and his 8,226
certificate of registration. THE LICENSE shall be conspicuously 8,227
exposed at the principal place where he THE PHARMACIST OR 8,229
PHARMACY INTERN practices pharmacy. 8,230
If a A pharmacist or pharmacy intern WHO desires to 8,233
continue IN the practice of his profession, he PHARMACY shall 8,234
file with the board an application in such form and containing 8,236
such data as the board may require for renewal of an 8,237
identification card. If the board finds that the applicant has 8,238
been registered and that such registration APPLICANT'S CARD has 8,239
not been revoked or placed under suspension, AND that he THE 8,241
178
APPLICANT has paid the renewal fee, has continued his pharmacy 8,242
education in accordance with the rules of the board, and is 8,243
entitled to continue in the practice of pharmacy, the board shall 8,244
issue a renewal identification card to the applicant. 8,245
When an identification card has lapsed for more than sixty 8,247
days but application is made within three years after the 8,248
expiration of the card, the applicant shall be issued a renewal 8,249
identification card without further examination if he THE 8,250
APPLICANT meets the requirements of this section and pays the fee 8,252
designated under division (E) of section 4729.15 of the Revised 8,253
Code.
Sec. 4729.13. If a registered A pharmacist WHO fails to 8,262
make application to the state board of pharmacy for a renewal 8,264
identification card within a period of three years from the 8,265
expiration of his THE identification card, he must pass an 8,266
examination for registration; except that a person who has been 8,267
registered under the laws of this state and after the expiration 8,268
of his PHARMACIST WHOSE registration HAS EXPIRED, BUT WHO has 8,269
continually practiced pharmacy in another state under a 8,270
certificate LICENSE issued by the authority of such THAT state, 8,272
may obtain a renewal identification card upon payment to the
executive director of the board the fee designated under division 8,273
(F) of section 4729.15 of the Revised Code. 8,274
Sec. 4729.14. A replacement certificate LICENSE or 8,283
identification card may be issued a person registered WITH THE 8,286
STATE BOARD OF PHARMACY as a pharmacist or as a pharmacy intern 8,287
whose certificate LICENSE or identification card has been lost or 8,289
destroyed, upon condition that the applicant by affidavit sets 8,290
forth the facts concerning the loss or destruction of his 8,291
certificate THE PREVIOUSLY ISSUED LICENSE or identification card. 8,292
Sec. 4729.15. The state board of pharmacy shall charge the 8,301
following fees: 8,302
(A) For applying for registration A LICENSE TO PRACTICE as 8,304
a pharmacist, an amount adequate to cover all rentals, 8,306
179
compensation for proctors, and other expenses of the board 8,307
related to examination except the expenses of procuring and 8,308
grading the examination, which fee shall not be returned if the 8,309
applicant fails to pass the examination; 8,310
(B) For the examination of an applicant for registration 8,312
LICENSURE as a pharmacist, an amount adequate to cover any 8,314
expenses to the board of procuring and grading the examination or 8,315
any part thereof, which fee shall not be returned if the 8,316
applicant fails to pass the examination; 8,317
(C) For issuing a certificate of registration LICENSE and 8,319
an identification card to an individual who passes the 8,320
examination described in section 4729.07 of the Revised Code, an 8,322
amount that is adequate to cover the expense; 8,323
(D) For the renewal application fee of a pharmacist 8,325
APPLYING for RENEWAL OF an identification card within sixty days 8,327
after the expiration date, ninety-seven dollars and fifty cents, 8,328
which fee shall not be returned if the applicant fails to qualify 8,331
for renewal;
(E) For the renewal application fee of a pharmacist 8,333
APPLYING for RENEWAL OF an identification card that has lapsed 8,335
for more than sixty days, but for less than three years, one 8,336
hundred thirty-five dollars, which fee shall not be returned if 8,338
the applicant fails to qualify for renewal;
(F) For the renewal application fee of a pharmacist 8,340
APPLYING for RENEWAL OF an identification card that has lapsed 8,342
for more than three years, three hundred thirty-seven dollars and 8,344
fifty cents, which fee shall not be returned if the applicant 8,346
fails to qualify for renewal;
(G) For the application fee of an applicant for 8,348
registration as a pharmacist, certificate of registration, 8,349
APPLYING FOR A LICENSE and identification card, on presentation 8,351
of a certificate PHARMACIST LICENSE granted by another state, 8,353
three hundred thirty-seven dollars and fifty cents, which fee 8,354
shall not be returned if the applicant fails to qualify for 8,355
180
registration LICENSURE. 8,356
(H) For the application fee for registration A LICENSE AND 8,358
IDENTIFICATION CARD TO PRACTICE as a pharmacy intern, certificate 8,360
of registration, and identification card, twenty-two dollars and 8,361
fifty cents, which fee shall not be returned if the applicant 8,362
fails to qualify for registration LICENSURE; 8,363
(I) For the renewal application fee of a pharmacy intern 8,365
for an identification card, twenty-two dollars and fifty cents, 8,367
which fee shall not be returned if the applicant fails to qualify 8,368
for renewal;
(J) For issuing a replacement certificate LICENSE to a 8,370
pharmacist, twenty-two dollars and fifty cents; 8,372
(K) For issuing a replacement certificate LICENSE to a 8,374
pharmacy intern, seven dollars and fifty cents; 8,375
(L) For issuing a replacement identification card to a 8,377
pharmacist, thirty-seven dollars and fifty cents, or pharmacy 8,379
intern, seven dollars and fifty cents; 8,380
(M) For certifying registration LICENSURE and grades for 8,382
reciprocal registration LICENSURE, ten dollars; 8,384
(N) For making copies of any application, affidavit, or 8,386
other document filed in the state board of pharmacy office, an 8,387
amount fixed by the board that is adequate to cover the expense, 8,388
except that for copies required by federal or state agencies or 8,389
law enforcement officers for official purposes, no charge need be 8,390
made; 8,391
(O) For certifying and affixing the seal of the board, an 8,393
amount fixed by the board that is adequate to cover the expense, 8,394
except that for certifying and affixing the seal of the board to 8,395
a document required by federal or state agencies or law 8,396
enforcement officers for official purposes, no charge need be 8,397
made; 8,398
(P) For each copy of a book or pamphlet that includes laws 8,400
administered by the state board of pharmacy, rules adopted by the 8,401
board, and chapters of the Revised Code with which the board is 8,402
181
required to comply, an amount fixed by the board that is adequate 8,403
to cover the expense of publishing and furnishing the book or 8,404
pamphlet. 8,405
Sec. 4729.16. (A) The state board of pharmacy, after 8,414
notice and hearing in accordance with Chapter 119. of the Revised 8,416
Code, may revoke, suspend, place on probation, or refuse to grant 8,417
or renew an identification card under this chapter, or may impose 8,418
a monetary penalty or forfeiture not to exceed in severity any 8,419
fine designated under the Revised Code for a similar offense, or 8,421
in the case of a violation of a section of the Revised Code that 8,422
does not bear a penalty, a monetary penalty or forfeiture of not 8,424
more than five hundred dollars, if the board finds a pharmacist 8,425
or pharmacy intern:
(1) Guilty of a felony or gross immorality; 8,427
(2) Guilty of dishonesty or unprofessional conduct in the 8,429
practice of pharmacy; 8,430
(3) Addicted to or abusing liquor or drugs or impaired 8,432
physically or mentally to such a degree as to render him THE 8,433
PHARMACIST OR PHARMACY INTERN unfit to practice pharmacy; 8,435
(4) Has been convicted of a misdemeanor related to, or 8,437
committed in, the practice of pharmacy; 8,438
(5) Guilty of willfully violating, conspiring to violate, 8,440
attempting to violate, or aiding and abetting the violation of 8,441
any of the provisions of THIS CHAPTER, sections 3715.52 to 8,442
3715.72 OF THE REVISED CODE, or Chapter 2925., OR 3719., or 4729. 8,444
of the Revised Code;
(6) Guilty of permitting anyone other than a pharmacist or 8,446
pharmacy intern to practice pharmacy; 8,447
(7) Guilty of knowingly lending his THE PHARMACIST'S OR 8,449
PHARMACY INTERN'S name to an illegal practitioner of pharmacy or 8,451
having professional connection with an illegal practitioner of 8,452
pharmacy; or
(8) Guilty of dividing or agreeing to divide remuneration 8,454
made in the practice of pharmacy with any other individual, 8,455
182
including, but not limited to, a practitioner ANY LICENSED HEALTH 8,456
PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS or any owner, manager, 8,458
or employee of a health care facility, residential care facility, 8,459
or nursing home;
(9) HAS VIOLATED THE TERMS OF A CONSULT AGREEMENT ENTERED 8,461
INTO PURSUANT TO SECTION 4729.39 OF THE REVISED CODE. 8,462
(B) Any individual whose identification card is revoked, 8,464
suspended, or refused, shall return his THE identification card 8,465
and certificate of registration LICENSE to the offices of the 8,467
state board of pharmacy within ten days after receipt of notice 8,469
of such action.
(C) As used in this section: 8,471
"Unprofessional conduct in the practice of pharmacy" 8,473
includes any of the following: 8,474
(1) Advertising or displaying signs that promote dangerous 8,476
drugs to the public in a manner that is false or misleading; 8,477
(2) The sale of any drug for which a prescription from a 8,479
practitioner is required, without having received a prescription 8,480
for the drug; 8,481
(3) Willfully and knowingly filling prescriptions or 8,483
selling drugs for false or forged prescriptions; 8,484
(4) Willfully and knowingly failing to maintain complete 8,486
and accurate records of all controlled substances received or 8,487
dispensed in compliance with federal laws and regulations and 8,488
state laws and rules; 8,489
(5) Obtaining any remuneration by fraud, 8,491
misrepresentation, or deception; 8,492
(6) Obtaining or attempting to obtain a license issued 8,494
under THIS CHAPTER OR Chapter 3715. or 4729. of the Revised Code 8,495
from the state board of pharmacy by fraud, misrepresentation, or 8,497
deception;
(7) Waiving the payment of all or any part of a deductible 8,499
or copayment that an individual, pursuant to a health insurance 8,500
or health care policy, contract, or plan that covers 8,501
183
pharmaceutical services, would otherwise be required to pay for 8,502
the services if the waiver is used as an enticement to a patient 8,503
or group of patients to receive health care services from that 8,504
provider.
(8) Advertising that a pharmacy, pharmacist, or pharmacist 8,506
intern will waive the payment of all or any part of a deductible 8,507
or copayment that an individual, pursuant to a health insurance 8,508
or health care policy, contract, or plan that covers 8,509
pharmaceutical services, would otherwise be required to pay for 8,510
the services. 8,511
(D) Notwithstanding divisions (C)(7) and (8) of this 8,513
section, sanctions shall not be imposed against any licensee who 8,514
waives deductibles and copayments: 8,515
(1) In compliance with the health benefit plan that 8,517
expressly allows such a practice. Waiver of the deductibles or 8,518
copays shall be made only with the full knowledge and consent of 8,519
the plan purchaser, payer, and third-party administrator. Such 8,520
consent shall be made available to the board upon request. 8,521
(2) For professional services rendered to any other person 8,523
licensed pursuant to this chapter to the extent allowed by this 8,524
chapter and the rules of the board. 8,525
Sec. 4729.25. (A) The state board of pharmacy shall 8,534
enforce, or cause to be enforced, this chapter. If it has 8,535
information that such sections have ANY PROVISION OF THIS CHAPTER 8,536
HAS been violated, it shall investigate the matter, and take such 8,537
action as it considers appropriate in accordance with its rules 8,538
made and published pursuant to ADOPTED UNDER section 4729.26 of 8,539
the Revised Code. WITH REGARD TO VIOLATIONS OF SECTIONS 4729.51 8,540
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. 8,541
(B) Nothing in this chapter shall be construed to require 8,543
the state board of pharmacy to enforce minor violations of this 8,544
chapter if the board determines that the public interest is 8,545
adequately served by a notice or warning to the alleged offender. 8,546
184
Sec. 4729.26. The state board of pharmacy is empowered to 8,555
make such MAY ADOPT rules and regulations, subject to and in 8,556
accordance with sections 119.01 to 119.13, inclusive, CHAPTER 8,558
119. of the Revised Code, not inconsistent with the law, 8,559
pertaining to the practice of pharmacy as may be necessary to 8,560
carry out the purpose PURPOSES of and TO enforce sections 4729.01 8,561
to 4729.37, inclusive, of the Revised Code THE PROVISIONS OF THIS 8,562
CHAPTER PERTAINING TO THE PRACTICE OF PHARMACY. Such THE rules 8,563
and regulations shall be published and distributed MADE AVAILABLE 8,565
by the board to each of its licensees PHARMACIST LICENSED UNDER 8,567
THIS CHAPTER.
Sec. 4729.27. A person not a registered pharmacist, who 8,576
owns, manages, or conducts a pharmacy as defined in section 8,578
4729.02 of the Revised Code, shall have in his employ, A 8,579
PHARMACIST TO BE in full and actual charge of such pharmacy, a 8,581
pharmacist registered under the laws of this state. Any 8,582
registered pharmacist, who owns, manages, or conducts a pharmacy 8,584
shall be personally in full and actual charge of such THE 8,585
pharmacy, or shall have in his employ ANOTHER PHARMACIST TO BE in 8,587
full and actual charge of such THE pharmacy, a pharmacist 8,588
registered under the laws of this state. 8,589
Sec. 4729.28. No person who is not a registered pharmacist 8,598
or a pharmacy intern under the personal supervision of a 8,600
registered pharmacist shall compound, dispense, or sell drugs, 8,601
dangerous drugs, and poisons OR OTHERWISE ENGAGE IN THE PRACTICE 8,603
OF PHARMACY.
Sec. 4729.29. (A) As used in this section: 8,612
(1) "Dentist" means a person licensed under Chapter 4715. 8,614
of the Revised Code to practice dentistry. 8,615
(2) "Optometrist" means a person who is licensed to 8,617
practice optometry and holds a valid therapeutic pharmaceutical 8,618
agents certificate issued under Chapter 4725. of the Revised 8,619
Code. 8,620
(3) "Physician" means a person holding a valid certificate 8,622
185
issued under Chapter 4731. of the Revised Code authorizing the 8,623
person to practice medicine and surgery, osteopathic medicine and 8,624
surgery, or podiatry. 8,625
(4) "Veterinarian" means a person licensed under Chapter 8,627
4741. of the Revised Code to practice veterinarian medicine. 8,628
(5) "Advanced practice nurse" means an individual approved 8,630
under section 4723.56 of the Revised Code to prescribe drugs and 8,631
therapeutic devices. 8,632
(B) Divisions (A) and (B) of section 4729.02 4729.01 and 8,635
sections 4729.26, 4729.27, and SECTION 4729.28 of the Revised 8,636
Code do not do either of the following: 8,637
(1) Apply to a dentist, optometrist, physician, 8,639
veterinarian, or advanced practice nurse; LICENSED HEALTH 8,640
PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS OR prevent dentists, 8,642
optometrists, physicians, or veterinarians A PRESCRIBER from 8,644
personally supplying their FURNISHING THE PRESCRIBER'S patients 8,645
with such drugs as to the dentist, optometrist, physician, or 8,646
veterinarian, WITHIN THE PRESCRIBER'S SCOPE OF PROFESSIONAL 8,647
PRACTICE, THAT seem proper; or prevent an advanced practice nurse 8,648
from personally supplying drugs and therapeutic devices in 8,649
accordance with section 4723.561 of the Revised Code TO THE 8,651
PRESCRIBER.
(2) Apply to the sale of oxygen, peritoneal dialysis 8,653
solutions, or the sale of proprietary drugs or medicines by a 8,655
retail dealer, in original packages when labeled as required by 8,656
the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 8,657
21 U.S.C.A. 301, as amended.
(B) WHEN A PRESCRIBER PERSONALLY FURNISHES DRUGS TO A 8,660
PATIENT PURSUANT TO DIVISION (A)(1) OF THIS SECTION, THE 8,661
PRESCRIBER SHALL ENSURE THAT THE DRUGS ARE LABELED AND PACKAGED 8,662
IN ACCORDANCE WITH STATE AND FEDERAL DRUG LAWS AND ANY RULES AND 8,663
REGULATIONS ADOPTED PURSUANT TO THOSE LAWS. RECORDS OF PURCHASE 8,664
AND DISPOSITION OF ALL DRUGS PERSONALLY FURNISHED TO PATIENTS 8,665
SHALL BE MAINTAINED BY THE PRESCRIBER IN ACCORDANCE WITH STATE 8,666
186
AND FEDERAL DRUG STATUTES AND ANY RULES ADOPTED PURSUANT TO THOSE 8,668
STATUTES.
(C) Nothing in this chapter prohibits a person who is 8,670
certified to administer topical ocular pharmaceutical agents 8,671
under Chapter 4725. of the Revised Code from purchasing, 8,672
possessing, or administering topical ocular pharmaceutical agents 8,673
in accordance with Chapter 4725. of the Revised Code. 8,674
Sec. 4729.30. Sections 4729.27 and 4729.28 of the Revised 8,683
Code shall not prohibit a person from selling Paris green and 8,684
other materials or compounds used exclusively for spraying and 8,685
disinfecting when put up in bottles or boxes, bearing the name of 8,687
a registered LICENSED pharmacist or wholesale dealer, and labeled 8,689
as required by section 3719.33 of the Revised Code or apply to or
interfere with the exclusively wholesale business of a dealer. 8,691
Sec. 4729.36. (A) No place except a pharmacy LICENSED AS 8,700
A TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS AND NO PERSON EXCEPT A 8,701
LICENSED PHARMACIST shall display any sign or advertise in any 8,704
fashion, using the words "pharmacy," "drugs," "drug store," "drug 8,705
store supplies," "pharmacist," "druggist," "pharmaceutical
chemist," "apothecary," "drug sundries," "medicine," or any of 8,706
these words or their equivalent, in any manner. 8,707
(B) A pharmacy or pharmacist making retail sales may 8,709
advertise by name or therapeutic class the availability for sale 8,710
of OR dispensing of any dangerous drug provided such THAT THE 8,712
advertising includes THE price information as defined SPECIFIED 8,714
IN THE DEFINITION OF THAT TERM in division (N) of section 4729.02 8,715
4729.01 of the Revised Code.
Sec. 4729.37. A copy of an original prescription may only 8,724
be filled in accordance with the rules and regulations adopted by 8,725
the state board of pharmacy. 8,726
Prescriptions received ELECTRONICALLY OR by word of mouth, 8,728
telephone, telegraph, or other means of communication shall be 8,731
recorded in writing by the pharmacist and the record so made by 8,732
the pharmacist shall constitute the original prescription to be
187
filled by the pharmacist. All prescriptions shall be preserved 8,733
on file at the pharmacy for a period of three years FROM THE DATE 8,734
OF LAST DISPENSING, subject to inspection by the proper officers 8,736
of the law.
Sec. 4729.38. (A) Unless instructed otherwise by the 8,746
person receiving the drug pursuant to the prescription, a 8,747
pharmacist filling a prescription for a drug prescribed by its 8,748
brand name may select a generically equivalent drug, as defined 8,749
in section 3715.01 of the Revised Code, subject to the following 8,750
conditions: 8,751
(1) The pharmacist shall not select a generically 8,753
equivalent drug if the prescriber handwrites "dispense as 8,754
written," or "D.A.W.," on the written prescription, or, when 8,756
ordering a prescription ELECTRONICALLY OR orally, the prescriber 8,757
specifies that the prescribed drug is medically necessary. These 8,759
designations shall not be preprinted or stamped on the 8,760
prescription. Division (A)(1) of this section does not preclude 8,761
a reminder of the procedure required to prohibit the selection of 8,762
a generically equivalent drug from being preprinted on the 8,763
prescription.
(2) The pharmacist shall not select a generically 8,765
equivalent drug unless its price to the purchaser PATIENT is less 8,767
than OR EQUAL TO the price of the prescribed drug, and shall pass 8,768
on as a savings to the purchaser, other than the state medical 8,769
assistance program, the full amount of the retail price 8,770
difference between the prescribed brand name drug and the 8,771
generically equivalent drug. The amount paid for the generic 8,772
drug under the state medical assistance program shall be as 8,773
provided by federal regulation. 8,774
(3) The pharmacist, or the pharmacist's agent, assistant, 8,776
or employee shall inform the person receiving the drug pursuant 8,777
to the prescription of the selection of PATIENT OR THE PATIENT'S 8,778
AGENT IF a lower cost generically equivalent drug IS AVAILABLE AT 8,780
A LOWER OR EQUAL COST, of the price difference between the brand 8,781
188
name drug and the generically equivalent drug, and of the 8,782
person's right to refuse the drug selected. Division (A)(3) of 8,783
this section does not apply to any: 8,785
(a) Prescription that is billed to any agency, division, 8,787
or department of this state which will reimburse the pharmacy; 8,788
(b) Prescriptions for patients of a hospital, nursing 8,790
home, or similar patient care facility. 8,791
(B) Unless the prescriber instructs otherwise, the label 8,793
for every drug dispensed shall include the drug's brand name, if 8,794
any, or its generic name and the name of the distributor, using 8,795
abbreviations if necessary. A pharmacist shall indicate on the 8,796
container or its label the notation "generic substitution made" 8,798
when WHEN dispensing at retail a generically equivalent drug for 8,799
the brand name drug prescribed, and shall verbally notify the 8,800
recipient that a generic substitution has been made. This 8,801
requirement shall be THE PHARMACIST SHALL INDICATE ON THE DRUG'S 8,802
LABEL OR CONTAINER THAT A GENERIC SUBSTITUTION WAS MADE. THE 8,803
LABELING REQUIREMENTS ESTABLISHED BY THIS DIVISION ARE in 8,804
addition to all other labeling requirements of Chapter 3715. of 8,805
the Revised Code.
(C) A pharmacist who selects a generically equivalent drug 8,807
pursuant to this section assumes no greater liability for 8,808
selecting the dispensed drug than would be incurred in filling a 8,809
prescription for a drug prescribed by its brand name. 8,810
(D) The failure of a prescriber to restrict a prescription 8,812
by specifying "dispense as written," or "D.A.W.," pursuant to 8,814
division (A)(1) of this section shall not constitute evidence of 8,815
the prescriber's negligence unless the prescriber had reasonable 8,816
cause to believe that the health condition of the patient for 8,817
whom the drug was intended warranted the prescription of a 8,818
specific brand name drug and no other. No licensed prescriber 8,819
shall be liable for civil damages or in any criminal prosecution 8,820
arising from the interchange of a generically equivalent drug for 8,821
a prescribed brand name drug by a pharmacist, unless the 8,822
189
prescribed brand name drug would have reasonably caused the same 8,823
loss, damage, injury, or death. 8,824
(E) Each terminal distributor shall prepare a list of 8,826
generic and brand name drug products which may be selected as the 8,827
drug product of choice. In compiling the list of generic and 8,828
brand name drug products, the distributor shall rely on the drug 8,829
product research, testing, information, and lists compiled by 8,830
other pharmacies, states, the United States department of health 8,831
and human services, and any other source which the distributor 8,832
considers reliable. The list shall be available for review in 8,833
the pharmacy on request of the public, the state board of 8,834
pharmacy, or any practitioner. This list shall be revised 8,835
following each addition, deletion, or modification. No drug 8,836
interchange shall be made by a pharmacist unless the drug to be 8,837
interchanged is on this list. 8,838
Sec. 4729.381. No licensed pharmacist shall be liable for 8,847
civil damages or in any criminal prosecution arising from the 8,848
dispensing of a drug based upon a formulary established by a 8,849
practitioner in a hospital, A health insuring corporation, or A 8,851
long-term care facility, OR THE DEPARTMENT OF REHABILITATION AND 8,852
CORRECTIONS and requiring the pharmacist to dispense the 8,854
particular drug.
Sec. 4729.39. (A) A PHARMACIST MAY ENTER INTO A CONSULT 8,857
AGREEMENT WITH A PHYSICIAN AUTHORIZED UNDER CHAPTER 4731. OF THE 8,859
REVISED CODE TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC 8,861
MEDICINE AND SURGERY. UNDER A CONSULT AGREEMENT, A PHARMACIST IS
AUTHORIZED TO MANAGE AN INDIVIDUAL'S DRUG THERAPY, BUT ONLY TO 8,862
THE EXTENT SPECIFIED IN THE AGREEMENT BY THE INDIVIDUAL'S 8,863
PHYSICIAN AND TO THE EXTENT SPECIFIED IN THIS SECTION AND THE 8,864
RULES ADOPTED UNDER THIS SECTION.
A SEPARATE CONSULT AGREEMENT MUST BE ENTERED INTO FOR EACH 8,866
INDIVIDUAL WHOSE DRUG THERAPY IS TO BE MANAGED BY A PHARMACIST. 8,867
A CONSULT AGREEMENT APPLIES ONLY TO THE PARTICULAR DIAGNOSIS FOR 8,868
WHICH A PHYSICIAN PRESCRIBED AN INDIVIDUAL'S DRUG THERAPY. IF A 8,869
190
DIFFERENT DIAGNOSIS IS MADE FOR THE INDIVIDUAL, THE PHARMACIST 8,870
AND PHYSICIAN MUST ENTER INTO A NEW OR ADDITIONAL CONSULT 8,871
AGREEMENT.
MANAGEMENT OF AN INDIVIDUAL'S DRUG THERAPY BY A PHARMACIST 8,874
UNDER A CONSULT AGREEMENT MAY INCLUDE MONITORING AND MODIFYING A 8,875
PRESCRIPTION THAT HAS BEEN ISSUED FOR THE INDIVIDUAL. EXCEPT AS 8,876
PROVIDED IN SECTION 4729.38 OF THE REVISED CODE FOR THE SELECTION 8,878
OF GENERICALLY EQUIVALENT DRUGS, MANAGEMENT OF AN INDIVIDUAL'S 8,879
DRUG THERAPY BY A PHARMACIST UNDER A CONSULT AGREEMENT SHALL NOT 8,880
INCLUDE DISPENSING A DRUG THAT HAS NOT BEEN PRESCRIBED BY THE 8,881
PHYSICIAN. 8,882
EACH CONSULT AGREEMENT SHALL BE IN WRITING, EXCEPT THAT A 8,885
CONSULT AGREEMENT MAY BE ENTERED INTO VERBALLY IF IT IS
IMMEDIATELY REDUCED TO WRITING. A CONSULT AGREEMENT MAY NOT BE 8,886
IMPLEMENTED UNTIL IT HAS BEEN SIGNED BY THE PHARMACIST, THE 8,887
PHYSICIAN, AND THE INDIVIDUAL WHOSE DRUG THERAPY WILL BE MANAGED 8,888
OR ANOTHER PERSON WHO HAS THE AUTHORITY TO PROVIDE CONSENT TO 8,889
TREATMENT ON BEHALF OF THE INDIVIDUAL. THE PHYSICIAN SHALL 8,890
SPECIFY IN THE AGREEMENT THE EXTENT TO WHICH THE PHARMACIST IS 8,891
AUTHORIZED TO MANAGE THE DRUG THERAPY OF THE INDIVIDUAL SPECIFIED 8,893
IN THE AGREEMENT. THE PHYSICIAN SHALL INCLUDE IN THE
INDIVIDUAL'S MEDICAL RECORD THE FACT THAT A CONSULT AGREEMENT HAS 8,895
BEEN ENTERED INTO WITH A PHARMACIST. 8,896
PRIOR TO COMMENCING ANY ACTION TO MANAGE AN INDIVIDUAL'S 8,899
DRUG THERAPY UNDER A CONSULT AGREEMENT, THE PHARMACIST SHALL MAKE 8,900
REASONABLE ATTEMPTS TO CONTACT AND CONFER WITH THE PHYSICIAN WHO 8,901
ENTERED INTO THE CONSULT AGREEMENT WITH THE PHARMACIST. A 8,902
PHARMACIST MAY COMMENCE AN ACTION TO MANAGE AN INDIVIDUAL'S DRUG 8,903
THERAPY PRIOR TO CONFERRING WITH THE PHYSICIAN, BUT SHALL 8,904
IMMEDIATELY CEASE THE ACTION THAT WAS COMMENCED IF THE PHARMACIST 8,905
HAS NOT CONFERRED WITH THE PHYSICIAN WITHIN FORTY-EIGHT HOURS. 8,906
A PHARMACIST ACTING UNDER A CONSULT AGREEMENT SHALL 8,908
MAINTAIN A RECORD OF EACH ACTION TAKEN TO MANAGE AN INDIVIDUAL'S 8,909
DRUG THERAPY. THE PHARMACIST SHALL SEND TO THE INDIVIDUAL'S 8,911
191
PHYSICIAN A WRITTEN REPORT OF ALL ACTIONS TAKEN TO MANAGE THE 8,912
INDIVIDUAL'S DRUG THERAPY AT INTERVALS THE PHYSICIAN SHALL
SPECIFY WHEN ENTERING INTO THE AGREEMENT. THE PHYSICIAN SHALL 8,913
INCLUDE THE PHARMACIST'S REPORT IN THE MEDICAL RECORDS THE 8,915
PHYSICIAN MAINTAINS FOR THE INDIVIDUAL. 8,916
A CONSULT AGREEMENT MAY BE TERMINATED BY EITHER THE 8,918
PHARMACIST OR PHYSICIAN WHO ENTERED INTO THE AGREEMENT. BY 8,920
WITHDRAWING CONSENT, THE INDIVIDUAL WHOSE DRUG THERAPY IS BEING 8,921
MANAGED OR THE INDIVIDUAL WHO CONSENTED TO THE TREATMENT ON 8,922
BEHALF OF THE INDIVIDUAL MAY TERMINATE A CONSULT AGREEMENT. THE 8,923
PHARMACIST OR PHYSICIAN WHO RECEIVES THE INDIVIDUAL'S WITHDRAWAL 8,924
OF CONSENT SHALL PROVIDE WRITTEN NOTICE TO THE OPPOSITE PARTY. A
PHARMACIST OR PHYSICIAN WHO TERMINATES A CONSULT AGREEMENT SHALL 8,925
PROVIDE WRITTEN NOTICE TO THE OPPOSITE PARTY AND TO THE 8,926
INDIVIDUAL WHO CONSENTED TO TREATMENT UNDER THE AGREEMENT. THE 8,927
TERMINATION OF A CONSULT AGREEMENT SHALL BE RECORDED BY THE 8,929
PHARMACIST AND PHYSICIAN IN THE RECORDS THEY MAINTAIN ON THE
INDIVIDUAL BEING TREATED. 8,930
THE AUTHORITY OF A PHARMACIST TO MANAGE AN INDIVIDUAL'S 8,932
DRUG THERAPY UNDER A CONSULT AGREEMENT DOES NOT PERMIT THE 8,933
PHARMACIST TO MANAGE DRUG THERAPY PRESCRIBED BY ANY OTHER 8,934
PHYSICIAN OR TO MANAGE AN INDIVIDUAL'S DRUG THERAPY IN A HOSPITAL 8,936
OR HEALTH CARE FACILITY AT WHICH THE PHARMACIST IS NOT AUTHORIZED 8,937
TO PRACTICE.
(B) THE STATE BOARD OF PHARMACY, IN CONSULTATION WITH THE 8,940
STATE MEDICAL BOARD, SHALL ADOPT RULES TO BE FOLLOWED BY 8,941
PHARMACISTS, AND THE STATE MEDICAL BOARD, IN CONSULTATION WITH 8,942
THE STATE BOARD OF PHARMACY, SHALL ADOPT RULES TO BE FOLLOWED BY
PHYSICIANS, THAT ESTABLISH STANDARDS AND PROCEDURES FOR ENTERING 8,944
INTO A CONSULT AGREEMENT AND MANAGING AN INDIVIDUAL'S DRUG 8,945
THERAPY UNDER A CONSULT AGREEMENT. THE BOARDS SHALL SPECIFY IN 8,946
THE RULES ANY CATEGORIES OF DRUGS OR TYPES OF DISEASES FOR WHICH 8,947
A CONSULT AGREEMENT MAY NOT BE ESTABLISHED. EITHER BOARD MAY 8,948
ADOPT ANY OTHER RULES IT CONSIDERS NECESSARY FOR THE 8,949
192
IMPLEMENTATION AND ADMINISTRATION OF THIS SECTION. ALL RULES 8,950
ADOPTED UNDER THIS DIVISION SHALL BE ADOPTED IN ACCORDANCE WITH 8,952
CHAPTER 119. OF THE REVISED CODE. 8,954
Sec. 4729.51. (A) No person other than a registered 8,963
wholesale distributor of dangerous drugs shall possess for sale, 8,964
sell, distribute, or deliver, at wholesale, dangerous drugs, 8,965
except as follows: 8,966
(1) A pharmacist who is a licensed terminal distributor of 8,968
dangerous drugs or who is employed by a licensed terminal 8,969
distributor of dangerous drugs may make occasional sales of 8,970
dangerous drugs at wholesale; 8,971
(2) A licensed terminal distributor of dangerous drugs 8,973
having more than one establishment or place may transfer or 8,974
deliver dangerous drugs from one establishment or place for which 8,975
a license has been issued to the terminal distributor to another 8,976
establishment or place for which a license has been issued to the 8,977
terminal distributor if the license issued for each establishment 8,979
or place is in effect at the time of the transfer or delivery. 8,980
(B)(1) No registered wholesale distributor of dangerous 8,982
drugs shall possess for sale, or sell, at wholesale, dangerous 8,983
drugs to any person other than the following: 8,984
(a) A practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED 8,986
TO PRESCRIBE DRUGS; 8,987
(b) A registered wholesale distributor of dangerous drugs; 8,989
(c) A manufacturer of dangerous drugs; 8,991
(d) A licensed terminal distributor of dangerous drugs, 8,993
subject to division (B)(2) of this section; 8,994
(e) Carriers or warehousers for the purpose of carriage or 8,998
storage;
(f) Terminal or wholesale distributors of dangerous drugs 9,000
who are not engaged in the sale of dangerous drugs within this 9,001
state; 9,002
(g) An optometrist licensed under Chapter 4725. of the 9,004
Revised Code who is certified to administer topical ocular 9,005
193
pharmaceutical agents under that chapter for the purposes 9,006
authorized by that chapter; 9,007
(h) An individual who holds a current license, 9,009
certificate, or registration issued under Title 47 of the Revised 9,010
Code and has been certified to conduct diabetes education by a 9,011
national certifying body specified in rules adopted by the state 9,012
board of pharmacy under section 4729.68 of the Revised Code, but 9,013
only with respect to insulin that will be used for the purpose of 9,015
diabetes education and only if diabetes education is within the 9,016
individual's scope of practice under statutes and rules 9,017
regulating the individual's profession. 9,018
(2) No registered wholesale distributor of dangerous drugs 9,020
shall possess dangerous drugs for sale at wholesale, or sell such 9,021
drugs at wholesale, to a licensed terminal distributor of 9,022
dangerous drugs, except to: 9,023
(a) A terminal distributor who has a category I license, 9,025
only dangerous drugs described in category I, as defined in 9,026
division (A)(1) of section 4729.54 of the Revised Code; 9,027
(b) A terminal distributor who has a category II license, 9,029
only dangerous drugs described in category I and category II, as 9,030
defined in divisions (A)(1) and (2) of section 4729.54 of the 9,031
Revised Code; 9,032
(c) A terminal distributor who has a category III license, 9,034
dangerous drugs described in category I, category II, and 9,035
category III, as defined in divisions (A)(1), (2), and (3) of 9,036
section 4729.54 of the Revised Code; 9,037
(d) A terminal distributor who has a limited category I, 9,039
II, or III license, only the dangerous drugs specified in the 9,040
certificate furnished by the terminal distributor in accordance 9,041
with section 4729.60 of the Revised Code. 9,042
(C)(1) Except as provided in division (C)(4) of this 9,044
section, no person shall sell, at retail, dangerous drugs. 9,045
(2) Except as provided in division (C)(4) of this section, 9,047
no person shall possess for sale, at retail, dangerous drugs. 9,048
194
(3) Except as provided in division (C)(4) of this section, 9,050
no person shall possess dangerous drugs. 9,051
(4) Divisions (C)(1), (2), and (3) of this section do not 9,053
apply to a registered wholesale distributor of dangerous drugs, a 9,054
licensed terminal distributor of dangerous drugs, a practitioner, 9,056
or a person who possesses, or possesses for sale or sells, at 9,057
retail, a dangerous drug in accordance with Chapters 3719., 9,058
4715., 4725., 4729., 4731., and 4741. or section 4723.56 of the 9,059
Revised Code.
Divisions (C)(1), (2), and (3) of this section do not apply 9,062
to an individual who holds a current license, certificate, or 9,063
registration issued under Title 47 of the Revised Code and has 9,066
been certified to conduct diabetes education by a national 9,067
certifying body specified in rules adopted by the state board of 9,068
pharmacy under section 4729.68 of the Revised Code, but only to 9,070
the extent that the individual possesses insulin or personally 9,071
supplies insulin solely for the purpose of diabetes education and 9,072
only if diabetes education is within the individual's scope of 9,073
practice under statutes and rules regulating the individual's 9,074
profession. 9,075
(D) No licensed terminal distributor of dangerous drugs 9,077
shall purchase for the purpose of resale dangerous drugs from any 9,079
person other than a registered wholesale distributor of dangerous 9,081
drugs, except as follows: 9,082
(1) A licensed terminal distributor of dangerous drugs may 9,084
make occasional purchases of dangerous drugs for resale from a 9,085
pharmacist who is a licensed terminal distributor of dangerous 9,086
drugs or who is employed by a licensed terminal distributor of 9,087
dangerous drugs; 9,088
(2) A licensed terminal distributor of dangerous drugs 9,090
having more than one establishment or place may transfer or 9,091
receive dangerous drugs from one establishment or place for which 9,092
a license has been issued to the terminal distributor to another 9,093
establishment or place for which a license has been issued to the 9,094
195
terminal distributor if the license issued for each establishment 9,095
or place is in effect at the time of the transfer or receipt. 9,096
(E) No licensed terminal distributor of dangerous drugs 9,098
shall engage in the sale or other distribution of dangerous drugs 9,099
at retail or maintain possession, custody, or control of 9,100
dangerous drugs for any purpose other than the distributor's 9,101
personal use or consumption, at any establishment or place other 9,103
than that or those described in the license issued by the board 9,104
of pharmacy to such terminal distributor. 9,105
(F) Nothing in this section shall do either of the 9,107
following: 9,108
(1) Require a person engaged solely in the sale or other 9,110
distribution, at wholesale, of drugs and supplies for veterinary 9,111
use only, to be registered under sections 4729.50 to 4729.66 of 9,112
the Revised Code; 9,113
(2) Prohibit the purchase or sale, at wholesale, of drugs 9,115
and supplies for veterinary use only by a person engaged solely 9,116
in the distribution of drugs and supplies for veterinary use 9,117
only. 9,118
(G) Nothing in this section shall be construed to 9,120
interfere with the performance of official duties by any law 9,121
enforcement official authorized by municipal, county, state, or 9,123
federal law to collect samples of any drug, regardless of its 9,124
nature or in whose possession it may be. 9,125
Sec. 4729.52. (A) A person desiring to be registered as a 9,134
wholesale distributor of dangerous drugs shall file with the 9,135
executive director of the STATE board of pharmacy a verified 9,136
application containing such information as the board requires of 9,137
the applicant relative to the qualifications for TO BE REGISTERED 9,138
AS a wholesale distributor of dangerous drugs set forth in 9,140
section 4729.53 of the Revised Code and the rules adopted 9,141
pursuant thereto UNDER THAT SECTION. The board shall register as 9,143
a wholesale distributor of dangerous drugs each person who has 9,144
submitted an application therefor and APPLICANT WHO has paid the 9,146
196
required registration fee, if the board determines that the 9,147
applicant meets the qualifications for TO BE REGISTERED AS a 9,148
wholesale distributor of dangerous drugs set forth in section 9,149
4729.53 of the Revised Code and the rules adopted pursuant 9,150
thereto UNDER THAT SECTION. 9,151
(B) The board may register and issue to a nonresident 9,153
person WHO DOES NOT RESIDE IN THIS STATE a registration 9,154
certificate as a wholesale distributor of dangerous drugs if the 9,156
person possesses a current and valid wholesale distributor of 9,157
dangerous drugs registration certificate or license issued by 9,158
another state that has qualifications for licensure or 9,159
registration comparable to the registration requirements in this 9,160
state and pays the required registration fee. 9,161
(C) All registration certificates issued pursuant to this 9,163
section are effective for a period of twelve months from the 9,164
first day of July of each year. A registration certificate shall 9,165
be renewed annually by the board for a like period, pursuant to 9,166
this section and the standard renewal procedure of Chapter 4745. 9,167
of the Revised Code. A person desiring to renew a registration 9,168
certificate shall submit an application for renewal and pay the 9,169
required renewal fee before the first day of July each year. 9,170
(D) Each registration certificate and its application 9,172
shall describe not more than one establishment or place where the 9,173
registrant or applicant may engage in the sale of dangerous drugs 9,174
at wholesale. No registration certificate shall authorize or 9,175
permit the wholesale distributor of dangerous drugs named therein 9,176
to engage in the sale of drugs at wholesale or to maintain 9,177
possession, custody, or control of dangerous drugs for any 9,178
purpose other than for the registrant's own use and consumption 9,179
at any establishment or place other than that described in the 9,180
certificate. 9,181
(E)(1) The registration fee is one hundred fifty dollars 9,183
and shall accompany each application for registration. The 9,184
registration renewal fee is one hundred fifty dollars and shall 9,185
197
accompany each renewal application. 9,187
(2) A registration certificate that has not been renewed 9,189
in any year by the first day of August may be reinstated upon 9,190
payment of the renewal fee and a penalty fee of fifty-five 9,192
dollars.
(2) Renewal fees AND PENALTIES assessed under divisions 9,195
DIVISION (E)(1) and (2) of this section shall not be returned if 9,196
the applicant fails to qualify for renewal. 9,197
(F) The registration of any person as a wholesale 9,199
distributor of dangerous drugs subjects the person and the 9,200
person's agents and employees to the jurisdiction of the board 9,202
and to the laws of this state for the purpose of the enforcement 9,203
of this chapter and the rules of the board. However, the filing 9,204
of an application for registration as a wholesale distributor of 9,205
dangerous drugs by, or on behalf of, any person or the 9,206
registration of any person as a wholesale distributor of 9,207
dangerous drugs shall not, of itself, constitute evidence that 9,208
the person is doing business within this state. 9,209
Sec. 4729.54. (A) As used in this section: 9,218
(1) "Category I" means single-dose injections of 9,220
intravenous fluids, including saline, Ringer's lactate, five per 9,221
cent dextrose and distilled water, and other intravenous fluids 9,222
or parenteral solutions included in this category by rule of the 9,223
board of pharmacy, that have a volume of one hundred milliliters 9,224
or more and that contain no added substances, or single-dose 9,225
injections of epinephrine to be administered pursuant to sections 9,226
4765.38 and 4765.39 of the Revised Code. 9,227
(2) "Category II" means any dangerous drug that is not 9,229
included in category I or III. 9,230
(3) "Category III" means any controlled substance that is 9,232
contained in schedule I, II, III, IV, or V. 9,233
(4) "Emergency medical service organization" has the same 9,235
meaning as in section 4765.01 of the Revised Code. 9,236
(5) "Person" includes an emergency medical service 9,238
198
organization. 9,239
(6) "Schedule I, schedule II, schedule III, schedule IV, 9,241
and schedule V" mean controlled substance schedules I, II, III, 9,242
IV, and V, respectively, as established pursuant to section 9,243
3719.41 of the Revised Code and as amended. 9,244
(B) A person who desires to be licensed as a terminal 9,246
distributor of dangerous drugs shall file with the executive 9,247
director of the board of pharmacy a verified application that 9,248
contains the following: 9,249
(1) Information that the board requires relative to the 9,251
qualifications of a terminal distributor of dangerous drugs set 9,252
forth in section 4729.55 of the Revised Code; 9,253
(2) A statement that the person wishes to be licensed as a 9,255
category I, category II, category III, limited category I, 9,256
limited category II, or limited category III terminal distributor 9,257
of dangerous drugs; 9,258
(3) If the person wishes to be licensed as a limited 9,260
category I, limited category II, or limited category III terminal 9,261
distributor of dangerous drugs, a notarized list of the dangerous 9,262
drugs that the person wishes to possess, have custody or control 9,263
of, and distribute, which list shall also specify the purpose for 9,264
which those drugs will be used and their source; 9,265
(4) If the person is an emergency medical service 9,267
organization, the information that is specified in division 9,268
(C)(1) of this section; 9,269
(5) Except for an emergency medical service organization, 9,271
the identity of the one establishment or place at which the 9,272
person intends to engage in the sale or other distribution of 9,273
dangerous drugs at retail, and maintain possession, custody, or 9,274
control of dangerous drugs for purposes other than the person's 9,275
own use or consumption. 9,276
(C)(1) An emergency medical service organization that 9,278
wishes to be licensed as a terminal distributor of dangerous 9,279
drugs shall list in its application for licensure the following 9,280
199
additional information: 9,281
(a) The units under its control that the organization 9,283
determines will possess dangerous drugs for the purpose of 9,284
administering emergency medical services in accordance with 9,285
Chapter 4765. of the Revised Code; 9,286
(b) With respect to each such unit, whether the dangerous 9,288
drugs that the organization determines the unit will possess are 9,289
in category I, II, or III. 9,290
(2) An emergency medical service organization that is 9,292
licensed as a terminal distributor of dangerous drugs shall file 9,293
a new application for such licensure if there is any change in 9,294
the number, or location of, any of its units or any change in the 9,295
category of the dangerous drugs that any unit will possess. 9,296
(3) A unit listed in an application for licensure pursuant 9,298
to division (C)(1) of this section may obtain the dangerous drugs 9,299
it is authorized to possess from its emergency medical service 9,300
organization or, on a replacement basis, from a hospital 9,301
pharmacy. If units will obtain dangerous drugs from a hospital 9,302
pharmacy, the organization shall file, and maintain in current 9,303
form, the following items with the pharmacist who is responsible 9,304
for the hospital's terminal distributor of dangerous drugs 9,305
license: 9,306
(a) A copy of its standing orders or protocol; 9,308
(b) A list of the personnel employed or used by the 9,310
organization to provide emergency medical services in accordance 9,311
with Chapter 4765. of the Revised Code, who are authorized to 9,312
possess the drugs, which list also shall indicate the personnel 9,313
who are authorized to administer the drugs. 9,314
(D) Each emergency medical service organization that 9,316
applies for a terminal distributor of dangerous drugs license 9,317
shall submit with its application the following: 9,318
(1) A notarized copy of its standing orders or protocol, 9,320
which orders or protocol shall be signed by a physician and 9,321
specify the dangerous drugs that its units may carry, expressed 9,322
200
in standard dose units; 9,323
(2) A list of the personnel employed or used by the 9,325
organization to provide emergency medical services in accordance 9,326
with Chapter 4765. of the Revised Code. 9,327
An emergency medical service organization that is licensed 9,329
as a terminal distributor shall notify the board immediately of 9,330
any changes in its standing orders or protocol. 9,331
(E) There shall be six categories of terminal distributor 9,333
of dangerous drugs licenses, which categories shall be as 9,334
follows: 9,335
(1) Category I license. A person who obtains this license 9,337
may possess, have custody or control of, and distribute only the 9,338
dangerous drugs described in category I. 9,339
(2) Limited category I license. A person who obtains this 9,341
license may possess, have custody or control of, and distribute 9,342
only the dangerous drugs described in category I that were listed 9,343
in the application for licensure. 9,344
(3) Category II license. A person who obtains this 9,346
license may possess, have custody or control of, and distribute 9,347
only the dangerous drugs described in category I and category II. 9,348
(4) Limited category II license. A person who obtains 9,350
this license may possess, have custody or control of, and 9,351
distribute only the dangerous drugs described in category I or 9,352
category II that were listed in the application for licensure. 9,353
(5) Category III license. A person who obtains this 9,355
license may possess, have custody or control of, and distribute 9,356
the dangerous drugs described in category I, category II, and 9,357
category III. 9,358
(6) Limited category III license. A person who obtains 9,360
this license may possess, have custody or control of, and 9,361
distribute only the dangerous drugs described in category I, 9,362
category II, or category III that were listed in the application 9,363
for licensure. 9,364
(F) Except for an application made on behalf of an animal 9,366
201
shelter, if an applicant for licensure as a limited category I, 9,367
II, or III terminal distributor of dangerous drugs intends to 9,368
administer dangerous drugs to a person or animal, the applicant 9,369
shall submit, with the application, a notarized copy of its 9,370
protocol or standing orders, which protocol or orders shall be 9,371
signed by a practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED 9,372
TO PRESCRIBE DRUGS, specify the dangerous drugs to be 9,373
administered, and list personnel who are authorized to administer 9,374
the dangerous drugs in accordance with federal law or the law of 9,375
this state. An application made on behalf of an animal shelter 9,376
shall include a notarized list of the dangerous drugs to be 9,377
administered to animals and the personnel who are authorized to 9,378
administer the drugs to animals in accordance with section 9,379
4729.532 of the Revised Code. After obtaining a terminal
distributor license, a licensee shall notify the board 9,381
immediately of any changes in its protocol or standing orders, or 9,382
in such personnel.
(G) Each applicant for licensure as a terminal distributor 9,384
of dangerous drugs shall submit, with the application, a license 9,385
fee determined as follows: 9,386
(1) For a category I or limited category I license, 9,388
forty-five dollars; 9,389
(2) For a category II or limited category II license, one 9,392
hundred twelve dollars and fifty cents;
(3) For a category III or limited category III license, 9,394
one hundred fifty dollars. 9,395
Fees assessed under divisions (G)(1) to (3) of this section 9,397
shall not be returned if the applicant fails to qualify for 9,398
registration.
(H)(1) The board shall issue a terminal distributor of 9,400
dangerous drugs license to each person who submits an application 9,401
for such licensure in accordance with this section, pays the 9,402
required license fee, is determined by the board to meet the 9,403
requirements set forth in section 4729.55 of the Revised Code, 9,404
202
and satisfies any other applicable requirements of this section. 9,405
(2) The license of a person other than an emergency 9,407
medical service organization shall describe the one establishment 9,408
or place at which the licensee may engage in the sale or other 9,409
distribution of dangerous drugs at retail and maintain 9,410
possession, custody, or control of dangerous drugs for purposes 9,411
other than the licensee's own use or consumption. The one 9,412
establishment or place shall be that which is described in the 9,414
application for licensure. 9,415
No such license shall authorize or permit the terminal 9,417
distributor of dangerous drugs named in it to engage in the sale 9,418
or other distribution of dangerous drugs at retail or to maintain 9,419
possession, custody, or control of dangerous drugs for any 9,420
purpose other than the distributor's own use or consumption, at 9,422
any establishment or place other than that described in the 9,423
license, except that an agent or employee of an animal shelter 9,424
may possess and use dangerous drugs in the course of business as 9,425
provided in division (D) of section 4729.532 of the Revised Code. 9,426
(3) The license of an emergency medical service 9,428
organization shall cover and describe all the units of the 9,431
organization listed in its application for licensure.
(4) The license of every terminal distributor of dangerous 9,433
drugs shall indicate, on its face, the category of licensure. If 9,434
the license is a limited category I, II, or III license, it shall 9,435
specify, and shall authorize the licensee to possess, have 9,436
custody or control of, and distribute only, the dangerous drugs 9,437
that were listed in the application for licensure. 9,438
(I) All licenses issued pursuant to this section shall be 9,440
effective for a period of twelve months from the first day of 9,441
January of each year. A license shall be renewed by the board 9,442
for a like period, annually, according to the provisions of this 9,443
section, and the standard renewal procedure of Chapter 4745. of 9,444
the Revised Code. A person who desires to renew a license shall 9,445
submit an application for renewal and pay the required fee on or 9,446
203
before the thirty-first day of December each year. The fee 9,448
required for the renewal of a license shall be the same as the 9,449
fee paid for the license being renewed, and shall accompany the 9,450
application for renewal. 9,451
A license that has not been renewed during December in any 9,453
year and by the first day of February of the following year may 9,454
be reinstated only upon payment of the required renewal fee and a 9,455
penalty fee of fifty-five dollars. 9,456
(J)(1) No emergency medical service organization that is 9,458
licensed as a terminal distributor of dangerous drugs shall fail 9,459
to comply with division (C)(2) or (3) of this section. 9,460
(2) No emergency medical service organization that is 9,462
licensed as a terminal distributor of dangerous drugs shall fail 9,463
to comply with division (D) of this section. 9,464
(3) No licensed terminal distributor of dangerous drugs 9,466
shall possess, have custody or control of, or distribute 9,467
dangerous drugs that the terminal distributor is not entitled to 9,468
possess, have custody or control of, or distribute by virtue of 9,469
its category of licensure. 9,470
(4) No licensee that is required by division (F) of this 9,472
section to notify the board of changes in its protocol or 9,473
standing orders, or in personnel, shall fail to comply with that 9,474
division. 9,475
Sec. 4729.55. (A) As used in this section: 9,484
(1) "Dentist" means a person licensed under Chapter 4715. 9,486
of the Revised Code to practice dentistry. 9,487
(2) "Optometrist" means a person who is licensed to 9,489
practice optometry and holds a valid therapeutic pharmaceutical 9,490
agents certificate issued under Chapter 4725. of the Revised 9,491
Code. 9,492
(3) "Physician" means a person holding a valid certificate 9,494
issued under Chapter 4731. of the Revised Code authorizing the 9,495
person to practice medicine and surgery, osteopathic medicine and 9,497
surgery, or podiatry. 9,498
204
(4) "Veterinarian" means a person licensed under Chapter 9,500
4741. of the Revised Code to practice veterinary medicine. 9,501
(5) "Advanced practice nurse" means an individual approved 9,503
under section 4723.56 of the Revised Code to prescribe drugs and 9,504
therapeutic devices. 9,505
(B) No license shall be issued to an applicant for 9,507
licensure as a terminal distributor of dangerous drugs unless the 9,508
applicant has furnished satisfactory proof to the board of 9,509
pharmacy that: 9,510
(1)(A) The applicant is equipped as to land, buildings, 9,512
and equipment to properly carry on the business of a terminal 9,513
distributor of dangerous drugs within the category of licensure 9,514
approved by the board. 9,515
(2)(B) A pharmacist, dentist, optometrist, physician, 9,517
veterinarian, advanced practice nurse LICENSED HEALTH 9,518
PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, animal shelter 9,519
licensed with the state board of pharmacy under section 4729.531 9,521
of the Revised Code, or a laboratory as defined in division (N) 9,522
of section 3719.01 of the Revised Code shall WILL maintain 9,523
supervision and control over the possession and custody of 9,525
dangerous drugs that may be acquired by or on behalf of the 9,526
applicant.
(3)(C) Adequate safeguards are assured to prevent the sale 9,528
or other distribution of dangerous drugs by any person other than 9,529
a pharmacist, dentist, optometrist, physician, veterinarian, or 9,531
advanced practice nurse LICENSED HEALTH PROFESSIONAL AUTHORIZED
TO PRESCRIBE DRUGS. 9,532
(4)(D) If the applicant, or any agent or employee of the 9,534
applicant, has been found guilty of violating section 4729.51 of 9,535
the Revised Code, the "Federal Food, Drug and Cosmetic Act," 52 9,536
Stat. 1040 (1938), 21 U.S.C.A. 301, the federal narcotic law, 9,537
sections 3715.01 to 3715.72 DRUG ABUSE CONTROL LAWS, Chapter 9,538
2925., 3715., 3719., or 4729. of the Revised Code, or any rule of 9,540
the board, adequate safeguards are assured to prevent the 9,541
205
recurrence of the violation.
(5)(E) In the case of an applicant who is a food processor 9,543
or retail seller of food, the applicant shall WILL maintain 9,544
supervision and control over the possession and custody of 9,546
nitrous oxide.
(6)(F) In the case of an applicant who is a retail seller 9,548
of oxygen in original packages labeled as required by the 9,549
"Federal Food, Drug, and Cosmetic Act," the applicant shall WILL 9,550
maintain supervision and control over the possession, custody, 9,551
and retail sale of the oxygen. 9,552
(7)(G) If the application is made on behalf of an animal 9,554
shelter, that at least one of the agents or employees of the 9,555
animal shelter is certified in compliance with section 4729.532 9,556
of the Revised Code. 9,557
(8)(H) In the case of an applicant who is a retail seller 9,559
of peritoneal dialysis solutions in original packages labeled as 9,560
required by the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 9,562
1040 (1938), 21 U.S.C.A. 301, the applicant shall WILL maintain 9,563
supervision and control over the possession, custody, and retail 9,565
sale of the peritoneal dialysis solutions.
Sec. 4729.57. (A) The STATE board of pharmacy may 9,574
suspend, revoke, or refuse to renew any license issued to a 9,575
terminal distributor of dangerous drugs pursuant to section 9,576
4729.54 of the Revised Code, or may impose a monetary penalty or 9,577
forfeiture not to exceed in severity any fine designated under 9,578
the Revised Code for a similar offense or one thousand dollars if 9,579
the acts committed have not been classified as an offense by the 9,580
Revised Code, for any of the following causes: 9,581
(1) Making any false material statements in an application 9,583
for a license as a terminal distributor of dangerous drugs; 9,584
(2) Violating any rule of the board; 9,586
(3) Violating any provision of this chapter; 9,588
(4) Violating any provision of the "Federal Food, Drug, 9,590
and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, or 9,591
206
Chapter 3715. of the Revised Code; 9,592
(5) Violating any provision of the federal narcotic law 9,594
DRUG ABUSE CONTROL LAWS or Chapter 2925. or 3719. of the Revised 9,595
Code;
(6) Falsely or fraudulently promoting to the public a 9,597
dangerous drug, except that nothing in this division prohibits a 9,598
terminal distributor of dangerous drugs from furnishing 9,599
information concerning a dangerous drug to a practitioner HEALTH 9,601
CARE PROVIDER or another licensed terminal distributor;
(7) Ceasing to satisfy the qualifications of a terminal 9,603
distributor of dangerous drugs set forth in section 4729.55 of 9,604
the Revised Code; 9,605
(8) EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION: 9,608
(a) WAIVING THE PAYMENT OF ALL OR ANY PART OF A DEDUCTIBLE 9,611
OR COPAYMENT THAT AN INDIVIDUAL, PURSUANT TO A HEALTH INSURANCE 9,612
OR HEALTH CARE POLICY, CONTRACT, OR PLAN THAT COVERS THE SERVICES 9,613
PROVIDED BY A TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS, WOULD 9,614
OTHERWISE BE REQUIRED TO PAY FOR THE SERVICES IF THE WAIVER IS 9,615
USED AS AN ENTICEMENT TO A PATIENT OR GROUP OF PATIENTS TO 9,616
RECEIVE PHARMACY SERVICES FROM THAT TERMINAL DISTRIBUTOR; 9,617
(b) ADVERTISING THAT THE TERMINAL DISTRIBUTOR WILL WAIVE 9,620
THE PAYMENT OF ALL OR ANY PART OF A DEDUCTIBLE OR COPAYMENT THAT 9,621
AN INDIVIDUAL, PURSUANT TO A HEALTH INSURANCE OR HEALTH CARE 9,622
POLICY, CONTRACT, OR PLAN THAT COVERS THE PHARMACEUTICAL
SERVICES, WOULD OTHERWISE BE REQUIRED TO PAY FOR THE SERVICES. 9,624
(B) SANCTIONS SHALL NOT BE IMPOSED UNDER DIVISION (A)(8) 9,627
OF THIS SECTION AGAINST ANY TERMINAL DISTRIBUTOR OF DANGEROUS 9,628
DRUGS THAT WAIVES DEDUCTIBLES AND COPAYMENTS AS FOLLOWS: 9,629
(1) IN COMPLIANCE WITH A HEALTH BENEFIT PLAN THAT 9,631
EXPRESSLY ALLOWS SUCH A PRACTICE. WAIVER OF THE DEDUCTIBLES OR 9,632
COPAYMENTS SHALL BE MADE ONLY WITH THE FULL KNOWLEDGE AND CONSENT 9,634
OF THE PLAN PURCHASER, PAYER, AND THIRD-PARTY ADMINISTRATOR. 9,635
DOCUMENTATION OF THE CONSENT SHALL BE MADE AVAILABLE TO THE BOARD 9,636
ON REQUEST.
207
(2) FOR PROFESSIONAL SERVICES RENDERED TO ANY OTHER PERSON 9,639
LICENSED PURSUANT TO THIS CHAPTER TO THE EXTENT ALLOWED BY THIS 9,640
CHAPTER AND THE RULES OF THE BOARD.
(B)(C)(1) Upon the suspension or revocation of a license 9,642
issued to a terminal distributor of dangerous drugs or the 9,643
refusal by the board to renew such a license, the distributor 9,644
shall immediately surrender his THE license to the board. 9,645
(2) The board may place under seal all dangerous drugs 9,647
that are owned by or in the possession, custody, or control of a 9,648
terminal distributor at the time his THE license is suspended or 9,649
revoked or at the time the board refuses to renew his THE 9,650
license. Except as otherwise provided in this division, 9,651
dangerous drugs so sealed shall not be disposed of, until appeal 9,652
rights under Chapter 119. of the Revised Code have expired or an 9,653
appeal filed pursuant to that chapter has been determined. 9,654
The court involved in an appeal filed pursuant to Chapter 9,656
119. of the Revised Code may order the board, during the pendency 9,657
of the appeal, to sell sealed dangerous drugs that are 9,658
perishable. The proceeds of such a sale shall be deposited with 9,659
that court. 9,660
Sec. 4729.59. The secretary EXECUTIVE DIRECTOR of the 9,669
STATE board of pharmacy shall maintain a register of the names, 9,671
addresses, and the date of registration of those persons to whom 9,672
a registration certificate has been issued pursuant to section 9,673
4729.52 of the Revised Code and those persons to whom a license 9,674
has been issued pursuant to section 4729.54 of the Revised Code. 9,675
Such THE register shall be the property of the board and shall be 9,677
open for public examination and inspection at all reasonable 9,678
times, as the board may direct.
The board shall publish or make available to registered 9,680
wholesale distributors and licensed terminal distributors of 9,681
dangerous drugs, annually, and at such other times and in such 9,682
manner as the board shall by regulation prescribe, a roster 9,684
setting forth the names and addresses of those persons who have
208
been registered by the board pursuant to section 4729.52 of the 9,685
Revised Code and those persons who have been licensed pursuant to 9,686
section 4729.54 of the Revised Code, those persons whose licenses 9,688
or registration certificates have been suspended, revoked, or 9,689
surrendered, and those persons whose licenses or registration 9,690
certificates have not been renewed.
A written statement signed and verified by the secretary 9,692
EXECUTIVE DIRECTOR of the board in which it is stated that after 9,694
diligent search of the register no record or entry of the 9,695
issuance of a license or registration certificate to a person is
found is admissible in evidence and constitutes presumptive 9,696
evidence of the fact that such THE person is not a licensed 9,697
terminal distributor or is not a registered wholesale distributor 9,699
of dangerous drugs.
Sec. 4729.60. (A) Before a registered wholesale 9,708
distributor of dangerous drugs may sell dangerous drugs at 9,709
wholesale to any person other than a practitioner LICENSED HEALTH 9,710
PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, a registered 9,712
wholesale distributor of dangerous drugs, a manufacturer of 9,713
dangerous drugs, a carrier or a warehouseman WAREHOUSER but only 9,714
for the purpose of carriage or storage, or a terminal distributor 9,716
of dangerous drugs who is not engaged in the sale of dangerous 9,717
drugs within this state, such wholesale distributor shall obtain 9,718
from the purchaser and the purchaser shall furnish to the 9,719
wholesale distributor a certificate indicating that the purchaser 9,720
is a licensed terminal distributor of dangerous drugs. The 9,721
certificate shall be in the form that the STATE board of pharmacy 9,722
shall prescribe by regulation, and shall set forth the name of 9,723
the licensee, the number of the license, a description of the 9,725
place or establishment or each place or establishment for which 9,726
the license was issued, the category of licensure, and, if the 9,727
license is a limited category I, II, or III license, the 9,728
dangerous drugs that the licensee is authorized to possess, have 9,729
custody or control of, and distribute. 9,730
209
If no certificate is obtained or furnished before such A 9,732
sale IS MADE, it shall be presumed that such THE sale of 9,733
dangerous drugs by the wholesale distributor is in violation of 9,735
division (B) of section 4729.51 of the Revised Code and such THE 9,736
purchase of dangerous drugs by the purchaser is in violation of 9,737
division (C) of section 4729.51 of the Revised Code. If a 9,738
registered wholesale distributor of dangerous drugs obtains or is 9,739
furnished such a certificate from a terminal distributor of 9,740
dangerous drugs and relies on such THE certificate in selling 9,741
dangerous drugs at wholesale to such THE terminal distributor of 9,742
dangerous drugs, such THE wholesale distributor of dangerous 9,744
drugs shall be deemed not to have violated division (B) of 9,745
section 4729.51 of the Revised Code in making such THE sale. 9,746
(B) Before a licensed terminal distributor of dangerous 9,748
drugs may purchase dangerous drugs at wholesale, such THE 9,749
terminal distributor shall obtain from the seller and the seller 9,751
shall furnish to the terminal distributor the number of the 9,752
seller's registration certificate to engage in the sale of 9,753
dangerous drugs at wholesale. 9,754
If no registration number is obtained or furnished before 9,756
such A purchase IS MADE, it shall be presumed that such THE 9,758
purchase of dangerous drugs by the terminal distributor is in 9,759
violation of division (D) of section 4729.51 of the Revised Code 9,760
and such THE sale of dangerous drugs by the seller is in 9,762
violation of division (A) of section 4729.51 of the Revised Code. 9,763
If a licensed terminal distributor of dangerous drugs obtains or 9,764
is furnished a registration number from a wholesale distributor 9,765
of dangerous drugs and relies on such THE registration number in 9,766
purchasing dangerous drugs at wholesale from such THE wholesale 9,767
distributor of dangerous drugs, such THE terminal distributor 9,769
shall be deemed not to have violated division (D) of section 9,771
4729.51 of the Revised Code in making such THE purchase. 9,772
Sec. 4729.63. Except as provided in division (B) of 9,781
section 4729.25 of the Revised Code, the IF THE state board of 9,782
210
pharmacy shall enforce, or cause to be enforced, HAS INFORMATION 9,784
THAT sections 4729.51 to 4729.62 of the Revised Code. If it has 9,785
information that such sections have been violated, it shall 9,786
investigate the matter and upon probable cause appearing file a 9,788
complaint in an appropriate court for prosecution of the 9,789
offender. THE
The attorney general, prosecuting attorney, or city 9,791
director of law to whom the board reports any violation of 9,793
sections 4729.51 to 4729.62 of the Revised Code shall cause 9,794
appropriate proceedings to be instituted in the proper court
without delay and to be prosecuted in the manner provided by law. 9,795
Sec. 4729.66. The IN ADDITION TO THE RULES IT ADOPTS FOR 9,804
THE PRACTICE OF PHARMACY UNDER SECTION 4729.26 OF THE REVISED 9,805
CODE, THE STATE board of pharmacy may make such ADOPT rules and 9,807
regulations, subject to and in accordance with sections 119.01 to 9,808
119.13, inclusive, CHAPTER 119. of the Revised Code, not 9,810
inconsistent with the law, AS MAY BE NECESSARY TO CARRY OUT THE 9,811
PURPOSES OF AND TO ENFORCE THE PROVISIONS OF THIS CHAPTER
pertaining to the purchase for resale, possession for sale, sale, 9,813
and other distribution of dangerous drugs as may be necessary to 9,815
carry out the purposes of and enforce sections 4729.51 to
4729.62, inclusive, of the Revised Code. 9,816
Sec. 4729.67. On receipt of a notice pursuant to section 9,826
2301.373 of the Revised Code, the state board of pharmacy shall
comply with that section with respect to a LICENSE, 9,827
IDENTIFICATION CARD, OR certificate OF REGISTRATION issued 9,828
pursuant to this chapter. 9,829
Sec. 4731.052. (A) As used in this section: 9,838
(1) "Dangerous drug" has the same meaning as in section 9,840
4729.02 of the Revised Code. 9,841
(2) "Intractable pain" means a state of pain that is 9,843
determined, after reasonable medical efforts have been made to 9,844
relieve the pain or cure its cause, to have a cause for which no 9,846
treatment or cure is possible or for which none has been found. 9,847
211
(3) "Physician" means an individual authorized under this 9,849
chapter to practice medicine and surgery or osteopathic medicine 9,850
and surgery. 9,851
(B) The state medical board shall adopt rules in 9,853
accordance with Chapter 119. of the Revised Code that establish 9,854
standards and procedures to be followed by physicians in the 9,855
diagnosis and treatment of intractable pain, including standards 9,856
for managing intractable pain by prescribing, dispensing 9,857
PERSONALLY FURNISHING, or administering dangerous drugs in 9,859
amounts or combinations that may not be appropriate when treating 9,860
other medical conditions. In developing the rules, the board 9,861
shall consult with and permit review by physicians who are 9,862
experienced in the diagnosis and treatment of intractable pain. 9,863
(C) When a physician diagnoses an individual as having 9,865
intractable pain, the physician may treat the pain by managing it 9,866
with dangerous drugs in amounts or combinations that may not be 9,867
appropriate when treating other medical conditions. The 9,868
physician's diagnosis shall be made after having the individual 9,869
evaluated by one or more other physicians who specialize in the
treatment of the area, system, or organ of the body perceived as 9,870
the source of the pain. The physician's diagnosis and treatment 9,871
decisions shall be made according to accepted and prevailing 9,872
standards for medical care. The physician shall maintain a 9,873
record of all of the following:
(1) Medical history and physical examination of the 9,875
individual;
(2) The diagnosis of intractable pain, including signs, 9,877
symptoms, and causes; 9,878
(3) The plan of treatment proposed, the patient's response 9,880
to treatment, and any modification to the plan of treatment; 9,881
(4) The dates on which dangerous drugs were prescribed, 9,884
dispensed FURNISHED, or administered, the name and address of the 9,886
individual to or for whom the dangerous drugs were prescribed, 9,887
dispensed, or administered, and the amounts and dosage forms for
212
the dangerous drugs prescribed, dispensed FURNISHED, or 9,888
administered; 9,889
(5) A copy of the report made by the physician or the 9,891
physician to whom referral for evaluation was made under this 9,892
division.
(D) A physician who treats intractable pain by managing it 9,895
with dangerous drugs is not subject to disciplinary action by the 9,896
board under section 4731.22 of the Revised Code solely because 9,898
the physician treated the intractable pain with dangerous drugs. 9,900
The physician is subject to disciplinary action only if the 9,901
dangerous drugs are not prescribed, FURNISHED, OR administered, 9,902
or dispensed in accordance with this section and the rules 9,904
adopted under it.
Sec. 4741.22. The state veterinary medical licensing board 9,913
may refuse to issue or renew a license, registration, or 9,914
temporary permit to or of any applicant who, and may issue a 9,915
reprimand to, suspend or revoke the license, registration, or the 9,916
temporary permit of, or impose a civil penalty pursuant to this 9,917
section upon any person licensed to practice veterinary medicine 9,918
or any person registered as a registered veterinary technician 9,919
who:
(A) In the conduct of the person's practice does not 9,921
conform to the rules of the board governing proper, humane, 9,922
sanitary, and hygienic methods to be used in the care and 9,923
treatment of animals;
(B) Uses fraud, misrepresentation, or deception in 9,925
completing the examination conducted by the board; 9,926
(C) Is found to be physically or psychologically addicted 9,928
to alcohol or an illegal or controlled substance, as defined in 9,929
division (D) of section 3719.01 of the Revised Code, to such a 9,930
degree as to render the person unfit to practice veterinary 9,931
medicine; 9,932
(D) Directly or indirectly employs or lends the person's 9,934
services to a solicitor for the purpose of obtaining patients; 9,935
213
(E) Obtains a fee on the assurance that an incurable 9,937
disease can be cured;
(F) Advertises in a manner that violates section 4741.21 9,939
of the Revised Code;
(G) Has professional association with or lends the 9,941
person's name to any unlicensed person, association, or 9,942
organization for the purpose of obtaining patients; 9,943
(H) Divides fees or charges or has any arrangement to 9,945
share fees or charges with any other person, except on the basis 9,946
of services performed; 9,947
(I) Sells any biologic containing living, dead, or 9,949
sensitized organisms or products of those organisms, except in a 9,950
manner that the board by rule has prescribed; 9,951
(J) Is convicted of any felony or crime involving moral 9,953
turpitude; 9,954
(K) Is convicted of any violation of section 959.13 of the 9,956
Revised Code; 9,957
(L) Is convicted of a felony drug abuse offense, as 9,959
defined in section 2925.01 of the Revised Code; 9,960
(M) Swears falsely in any affidavit required to be made by 9,962
him THE PERSON in the course of his THE practice of veterinary 9,964
medicine;
(N) Fails to report promptly to the proper official any 9,966
known reportable disease; 9,967
(O) Fails to report promptly vaccinations or the results 9,969
of tests when required to do so by law or rule; 9,970
(P) Has been adjudicated incompetent for the purpose of 9,972
holding the license or permit by a court, as provided in section 9,973
5122.301 of the Revised Code, and has not been restored to legal 9,974
capacity for that purpose; 9,975
(Q) Permits a person who is not a licensed veterinarian, a 9,977
veterinary student extern, or a registered veterinary technician 9,978
to engage in work or perform duties in violation of this chapter; 9,979
(R) Is guilty of gross incompetence; 9,981
214
(S) Has had a license to practice veterinary medicine or a 9,983
license, registration, or certificate to engage in activities as 9,984
a registered veterinary technician revoked, suspended, or acted 9,985
against by disciplinary action by an agency similar to this board 9,986
of another state, territory, or country or the District of 9,987
Columbia; 9,988
(T) Is or has practiced with a revoked, suspended, 9,990
inactive, expired, or terminated license or registration; 9,991
(U) Represents self as a specialist unless certified as a 9,994
specialist by the board;
(V) In the person's capacity as a veterinarian or 9,996
registered veterinary technician makes or files a report, health 9,997
certificate, vaccination certificate, or other document that the 9,999
person knows is false or negligently or intentionally fails to 10,000
file a report or record required by any applicable state or 10,001
federal law;
(W) Fails to use reasonable care in the administration of 10,003
drugs, as defined in division (C) of section 4729.02 4729.01 of 10,005
the Revised Code, or acceptable scientific methods in the 10,006
selection of those drugs or other modalities for treatment of a 10,007
disease or in conduct of surgery; 10,008
(X) Makes available a dangerous drug, as defined in 10,010
division (D) of section 4729.02 4729.01 of the Revised Code, to 10,012
any person other than for the specific treatment of an animal 10,013
patient; 10,014
(Y) Refuses to permit a board investigator or the board's 10,016
designee to inspect the person's business premises during regular 10,018
business hours; 10,019
(Z) Violates any order of the board or fails to comply 10,021
with a subpoena of the board; 10,022
(AA) Fails to maintain medical records as required by rule 10,024
of the board. 10,025
Before the board may revoke, deny, refuse to renew, or 10,027
suspend a license, registration, or temporary permit or otherwise 10,028
215
discipline the holder of a license, registration, or temporary 10,029
permit, the executive secretary shall file written charges with 10,030
the board. The board shall conduct a hearing on the charges as 10,031
provided in Chapter 119. of the Revised Code. 10,032
If the board, after a hearing conducted pursuant to Chapter 10,034
119. of the Revised Code, revokes, refuses to renew, or suspends 10,035
a license, registration, or temporary permit or otherwise 10,036
disciplines the holder of a license, registration, or temporary 10,037
permit for a violation of this section, section 4741.23 or 10,038
4741.28, division (C) or (D) of section 4741.19, or division (B), 10,040
(C), or (D) of section 4741.21 of the Revised Code, the board may 10,041
impose a civil penalty upon the holder of the license, permit, or 10,042
registration of not less than fifty dollars or more than two 10,043
hundred fifty dollars for a first offense and not less than two 10,044
hundred fifty dollars or more than one thousand dollars for each 10,045
subsequent offense. In addition to the civil penalty and any 10,046
other penalties imposed pursuant to this chapter, the board may 10,047
assess any holder of a license, permit, or registration the costs 10,048
of the hearing conducted under this section if the board 10,049
determines that the holder has violated any provision for which 10,050
the board may impose a civil penalty under this section.
Sec. 5123.193. (A) As used in this section: 10,059
(1) "Health care professional" means any of the following: 10,061
(a) A dentist who holds a valid license issued under 10,063
Chapter 4715. of the Revised Code; 10,064
(b) A registered nurse or licensed practical nurse who 10,066
holds a valid license issued under Chapter 4723. of the Revised 10,067
Code; 10,068
(c) An advanced practice nurse approved pursuant to 10,070
section 4723.56 of the Revised Code; 10,071
(d) An optometrist who holds a valid license issued under 10,073
Chapter 4725. of the Revised Code; 10,074
(e) A physician who holds a valid certificate issued under 10,076
Chapter 4731. of the Revised Code authorizing the practice of 10,077
216
medicine and surgery, osteopathic medicine and surgery, or 10,078
podiatry; 10,079
(f) A practitioner of a limited branch of medicine who 10,081
holds a valid certificate issued under Chapter 4731. of the 10,082
Revised Code; 10,083
(g) A respiratory care professional who holds a valid 10,085
license issued under Chapter 4761. HAS THE SAME MEANING AS IN 10,086
SECTION 5126.35 of the Revised Code. 10,087
(2) "ICF/MR" means an intermediate care facility for the 10,089
mentally retarded. 10,090
(3) "ICF/MR worker" means a person who is employed by an 10,092
ICF/MR, provides services pursuant to a contract with an ICF/MR, 10,094
or provides services as a volunteer in an ICF/MR, except that 10,096
"ICF/MR worker" does not include a health care professional
acting within the scope of a professional license or certificate. 10,097
(B)(1) Except as provided in division (B)(2) of this 10,100
section, this section applies to each ICF/MR with fifteen or 10,101
fewer resident beds that is licensed as a residential facility by 10,102
the department of mental retardation and developmental 10,103
disabilities under section 5123.19 of the Revised Code and 10,104
certified by the director of health as being in compliance with 10,105
applicable standards for such facilities for purposes of the 10,106
medical assistance program operated under Chapter 5111. of the 10,107
Revised Code. This section also applies to periods during which 10,108
such a facility's residents are being transported in a vehicle 10,109
operated by the facility or by a person or government entity 10,110
under contract with the facility and periods during which 10,111
residents are participating in a field trip sponsored by the 10,112
facility. 10,113
This section does not apply to an ICF/MR with more than 10,115
fifteen resident beds or other types of residential facilities 10,116
licensed by the department of mental retardation and 10,117
developmental disabilities under section 5123.19 of the Revised 10,118
Code. 10,119
217
(2) This section does not apply to an ICF/MR operated by a 10,121
county board of mental retardation and developmental 10,123
disabilities. An ICF/MR operated by a county board with fewer 10,124
than seventeen resident beds is subject to the policy adopted by 10,125
the board under section 5126.351 of the Revised Code.
(C)(1) Each ICF/MR subject to this section shall adopt a 10,127
written policy on whether it will permit ICF/MR workers to give 10,128
oral or apply topical medications to residents of the ICF/MR. The 10,130
facility shall adopt a policy that is consistent with section
4723.61 of the Revised Code and the rules adopted by the board of 10,131
nursing under that section. Each policy adopted shall specify 10,132
one of the following: 10,133
(a) Except in an emergency, ICF/MR workers shall neither 10,135
give oral nor apply topical medications to a resident of the 10,136
facility; 10,137
(b) An ICF/MR worker specified by the facility may be 10,139
permitted to give oral or apply topical medications to residents 10,140
if the task is delegated by a nurse and the worker acts in 10,141
accordance with this section and the rules adopted under section 10,142
4723.61 of the Revised Code. 10,143
(2) The policy does not apply to any employee or volunteer 10,145
who is a health care professional, as long as the professional is 10,146
acting within the scope of his THE PROFESSIONAL'S profession. 10,147
The policy applies to oral and topical medications that are 10,149
drugs, as described in section 4729.02 4729.01 of the Revised 10,150
Code and have been prescribed by a health care professional 10,152
authorized by law to prescribe drugs. For purposes of the policy, 10,153
oral medications include those that can be ingested through 10,154
either the mouth or a stable gastric tube. 10,155
(D)(1) An ICF/MR that adopts a policy under which its 10,157
ICF/MR workers may be permitted to give oral or apply topical 10,158
medications shall employ or contract with a registered nurse to 10,159
implement the policy. 10,160
(2) The facility shall specify the ICF/MR workers who may 10,162
218
be permitted to give or apply medications. Specification may be 10,163
made by naming individual workers or by designating groups of 10,164
workers according to their position, training, or other 10,165
qualifications. The facility may permit a worker to give or 10,166
apply medications only if all of the following apply: 10,167
(a) The worker has successfully completed the training 10,169
requirements specified in division (E) of this section; 10,170
(b) Authority to give oral or apply topical medications 10,172
for a particular resident has been delegated to the worker by a 10,173
nurse in accordance with the rules adopted under section 4723.61 10,174
of the Revised Code; 10,175
(c) The facility determines there is no statement on the 10,177
state nurse aide registry created under section 3721.32 of the 10,178
Revised Code indicating that worker has been the subject of a 10,179
finding of abuse or neglect of a long-term care facility resident 10,180
or the misappropriation of such a resident's property; 10,181
(d) The facility determines the worker has not been 10,183
convicted of or pleaded guilty to any felony that is related to 10,184
drugs or the abuse of an individual. A worker's criminal 10,185
background may be determined by requesting information from the 10,186
bureau of criminal identification and investigation pursuant to 10,187
division (E) of section 109.57 of the Revised Code. If a worker 10,188
is convicted of or pleads guilty to a felony after his THE 10,189
criminal background has been determined, the worker shall 10,190
immediately notify the ICF/MR. 10,191
(3) An ICF/MR worker may give oral or apply topical 10,193
medications to residents only if all of the following apply: 10,194
(a) The worker has successfully completed the training 10,196
requirements specified in division (E) of this section; 10,197
(b) The authority to give oral or apply topical 10,199
medications for a particular resident has been delegated to the 10,200
worker by a nurse in accordance with the rules adopted under 10,201
section 4723.61 of the Revised Code; 10,202
(c) The medication to be given or applied is received by 10,204
219
the worker in the container in which it was dispensed by a 10,205
pharmacist or the prescribing health care professional; 10,206
(d) The worker complies with all applicable requirements 10,208
established under this section and the rules adopted under 10,209
section 4723.61 of the Revised Code. 10,210
(4) A registered nurse or licensed practical nurse may 10,212
delegate to an ICF/MR worker specified by the facility authority 10,213
to give oral or apply topical medications, except that a licensed 10,214
practical nurse may delegate the authority only if the nurse has 10,215
successfully completed a course in medication administration 10,216
approved by the board of nursing and is acting at the direction 10,217
of a registered nurse. Delegation may occur only after the nurse 10,218
delegating the authority or another nurse authorized to delegate 10,219
the authority has completed an assessment of the conditions at 10,220
the facility that pertain to the delegation. Delegation may 10,221
occur only if the assessment indicates that the requirements 10,222
established by this section and the rules adopted under section 10,223
4723.61 of the Revised Code have been met. 10,224
(a) The assessments shall include an assessment of all of 10,226
the following: 10,227
(i) The residents who need medication and the types of 10,229
nursing care they require as it relates to their need for 10,230
medication; 10,231
(ii) The amount and nature of any assessments of residents 10,233
performed by other health care professionals; 10,234
(iii) The training and skills of the ICF/MR workers who 10,236
will receive the delegated authority to give oral or apply 10,237
topical medications. 10,238
(b) With regard to the assessment of a resident, the 10,240
following apply: 10,241
(i) A nurse shall repeat the assessment if there is a 10,243
change in the resident's health status; 10,244
(ii) A nurse is not required to repeat those parts of the 10,246
assessment that have been completed by the facility to comply 10,247
220
with federal regulations that require comprehensive functional 10,248
assessments or nursing health status reviews, if the facility 10,249
makes the information from those assessments available to the 10,250
nurse and the nurse determines that the information is current, 10,251
valid, and accurate. 10,252
(5)(a) A nurse may delegate to the ICF/MR workers 10,254
specified by the facility authority to give oral or apply topical 10,255
medications only if all of the following information is available 10,256
to the nurse: 10,257
(i) The name of the resident to receive the medication; 10,259
(ii) The name of the medication and the dosage to be given 10,261
or applied; 10,262
(iii) The time or intervals at which the medication is to 10,264
be given or applied; 10,265
(iv) The date the medication is to begin and cease; 10,267
(v) Any special instructions for handling, giving, or 10,269
applying the medication, including instructions for maintaining 10,270
sterile conditions and appropriate storage; 10,271
(vi) Indication of any severe adverse reactions to the 10,273
medication that should be reported to the health care 10,274
professional who prescribed the medication and any other 10,275
procedures that should be followed in an emergency; 10,276
(vii) One or more telephone numbers at which the health 10,278
care professional who prescribed the medication can be reached in 10,279
an emergency and the telephone number of another health care 10,280
professional who should be contacted if the prescribing 10,281
professional cannot be located. 10,282
(b) The information must be received from one or more 10,284
health care professionals acting within the scope of their 10,285
professions, unless the information is provided by the ICF/MR 10,286
from records it maintains to comply with federal regulations 10,287
regarding standard drug regimen reviews and the nurse determines 10,288
that the information from the facility is current, valid, and 10,289
accurate. 10,290
221
(6) An ICF/MR worker to whom a nurse has delegated 10,292
authority to give oral or apply topical medications shall perform 10,293
those tasks only pursuant to the direction and supervision of a 10,294
nurse who is authorized to delegate the authority. The direction 10,295
and supervision may be provided on-site or, pursuant to some 10,296
means of telecommunication, off-site. The nurse shall direct and 10,297
supervise the ICF/MR worker in accordance with standards 10,298
established by the board of nursing in rules adopted under 10,299
section 4723.61 of the Revised Code. 10,300
(E)(1) Except as provided in division (E)(4) of this 10,302
section, to be eligible to give oral or apply topical medications 10,303
pursuant to division (D) of this section, an ICF/MR worker must 10,304
successfully complete a medication course for ICF/MR workers that 10,305
has been approved as meeting the standards established for such 10,306
courses by the board of nursing in rules adopted under section 10,307
4723.61 of the Revised Code. To be eligible to take the 10,308
medication course, the worker must meet the eligibility standards 10,309
established in rules adopted under section 4723.61 of the Revised 10,310
Code. 10,311
The medication course for ICF/MR workers shall consist of 10,313
the following units of instruction: 10,314
(a) A core module consisting of at least ten hours of 10,316
instruction that covers general information about medication 10,317
administration, except that the course instructor may waive any 10,318
portion of the module if the worker provides documentation that 10,319
he THE WORKER has successfully completed training in the portion 10,320
that would be waived and the instructor determines that the 10,321
worker's knowledge in that area is current and adequate; 10,322
(b) Three practical modules that correlate with the 10,324
medications the worker will be giving or applying, each 10,325
consisting of at least five hours of instruction. A separate 10,326
module shall be completed in each of the following areas: oral 10,327
medication; topical medication; and eye, ear, and nose drops and 10,328
ointments. 10,329
222
(2) Successful completion of the medication course for 10,331
ICF/MR workers may be achieved only by doing both of the 10,332
following: 10,333
(a) Receiving a score of at least eighty per cent on the 10,335
final written examination of the core module; 10,336
(b) Completing five successful demonstrations of giving or 10,338
applying medications in each of the three practical modules. To 10,339
be considered successful, each demonstration must consist of 10,340
performing the whole process of giving or applying a medication, 10,341
including all hand washing and record keeping requirements. The 10,342
demonstrations shall be supervised by a registered nurse or a 10,343
licensed practical nurse who has successfully completed a course 10,344
in medication administration approved by the board of nursing and 10,345
is acting at the direction of a registered nurse. 10,346
(3) To remain eligible to give oral and apply topical 10,348
medications, an ICF/MR worker shall, beginning one year after the 10,349
successful completion of initial training, annually complete at 10,350
least four contact hours of training related to medication that 10,351
meets the standards established by the board of nursing in rules 10,352
adopted under section 4723.61 of the Revised Code. The training 10,353
shall be arranged by a nurse and may occur in the ICF/MR. 10,354
(4) An ICF/MR worker who, on or before the effective date 10,356
of this section, successfully completed the training program 10,357
described in the "program manual for implementation of the 10,358
medication administration by unlicensed personnel in ICF/MR group 10,359
homes of 15 beds or less," as developed by the departments of 10,360
health and mental retardation and developmental disabilities, is 10,361
not required to complete the medication course for ICF/MR workers 10,362
as a condition of being eligible to give oral or apply topical 10,363
medications pursuant to division (D) of this section. Such a 10,364
worker is subject to all other requirements of this section, 10,365
including the annual completion of at least four contact hours of 10,366
training related to medication. The annual training requirement 10,367
begins for such a worker one year after the effective date of 10,368
223
this section. 10,369
(F) An ICF/MR worker who is authorized under division (D) 10,371
of this section to give or apply medication is not liable for any 10,372
injury caused by the medication if both of the following apply: 10,373
(1) The worker gave or applied the medication in 10,375
accordance with the methods that were taught in training 10,376
completed pursuant to this section; 10,377
(2) The worker did not act in a manner that constitutes 10,379
wanton or reckless misconduct. 10,380
(G) Any individual or entity, including the board of 10,382
nursing, may file a complaint with the department of mental 10,383
retardation and developmental disabilities regarding the 10,384
performance by or qualifications of a person who gives oral or 10,385
applies topical medications pursuant to this section. 10,386
(H)(1) The department of mental retardation and 10,388
developmental disabilities shall adopt rules establishing the 10,389
following: 10,390
(a) Procedures the department will follow to correct 10,392
violations of this section; 10,393
(b) A process for accepting and acting on complaints made 10,395
by the board of nursing or any other person or entity regarding 10,396
the performance or qualifications of an ICF/MR worker to give 10,397
oral or apply topical medications. 10,398
(2) The department shall adopt initial rules not later 10,400
than ninety days after the effective date of this section. The 10,401
rules shall be adopted in accordance with Chapter 119. of the 10,402
Revised Code and shall be consistent with any applicable 10,403
requirements established in rules adopted by the board of nursing 10,404
under section 4723.61 of the Revised Code. 10,405
(I) This section does not require an ICF/MR worker to give 10,407
oral or apply topical medications unless such a requirement is 10,408
established by the facility's policy adopted under division (B) 10,409
of this section. 10,410
Sec. 5126.35. As used in this section and in sections 10,419
224
5126.351 to 5126.356 of the Revised Code: 10,420
(A) "County board client" means a person enrolled in a 10,423
program offered by a county board of mental retardation and 10,424
developmental disabilities or receiving services from a county 10,425
board.
(B) "County board worker" means a person who is employed 10,428
by a county board of mental retardation and developmental 10,429
disabilities or provides services to county board clients either 10,430
as a volunteer or pursuant to a contract with the board, except 10,431
that "county board worker" does not include a health care 10,432
professional acting within the scope of his professional license 10,433
or certificate.
(C) "Delegated nursing task" means a task that is within 10,436
the scope of practice of a nurse as determined pursuant to 10,437
Chapter 4723. of the Revised Code and is delegated by a nurse to 10,438
a county board worker pursuant to a policy adopted by a county 10,439
board under section 5126.351 of the Revised Code. 10,440
(D) "Health care professional" means any of the following: 10,443
(1) A dentist who holds a valid license issued under 10,445
Chapter 4715. of the Revised Code; 10,446
(2) A registered or licensed practical nurse who holds a 10,449
valid license issued under Chapter 4723. of the Revised Code; 10,450
(3) An optometrist who holds a valid license issued under 10,453
Chapter 4725. of the Revised Code;
(4) A pharmacist who holds a valid license issued under 10,455
Chapter 4729. of the Revised Code; 10,456
(5) A doctor of medicine or osteopathic medicine, 10,458
podiatrist, or a practitioner of a limited branch of medicine who 10,459
holds a valid certificate issued under Chapter 4731. of the 10,461
Revised Code;
(6) A physician's assistant for whom a physician holds a 10,464
valid certificate of registration issued under section 4730.04 of 10,465
the Revised Code;
(7) An occupational therapist or occupational therapy 10,467
225
assistant or a physical therapist or physical therapy assistant 10,468
who holds a valid license issued under Chapter 4755. of the 10,470
Revised Code;
(8) A respiratory care professional who holds a valid 10,472
license issued under Chapter 4761. of the Revised Code. 10,474
(E) "Nurse" means a registered nurse or licensed practical 10,477
nurse who holds a valid license issued under Chapter 4723. of the 10,478
Revised Code.
(F) "Prescribed medication" means a drug described in 10,481
section 4729.02 4729.01 of the Revised Code that is to be taken 10,482
orally or applied topically pursuant to the instructions of a 10,483
health care professional who is authorized by law to prescribe 10,484
drugs.
Sec. 5739.02. For the purpose of providing revenue with 10,493
which to meet the needs of the state, for the use of the general 10,494
revenue fund of the state, for the purpose of securing a thorough 10,495
and efficient system of common schools throughout the state, for 10,496
the purpose of affording revenues, in addition to those from 10,497
general property taxes, permitted under constitutional 10,498
limitations, and from other sources, for the support of local 10,499
governmental functions, and for the purpose of reimbursing the 10,500
state for the expense of administering this chapter, an excise 10,501
tax is hereby levied on each retail sale made in this state. 10,502
(A) The tax shall be collected pursuant to the schedules 10,504
in section 5739.025 of the Revised Code. 10,505
The tax applies and is collectible when the sale is made, 10,507
regardless of the time when the price is paid or delivered. 10,508
In the case of a sale, the price of which consists in whole 10,510
or in part of rentals for the use of the thing transferred, the 10,511
tax, as regards such rentals, shall be measured by the 10,512
installments thereof. 10,513
In the case of a sale of a service defined under division 10,515
(MM) or (NN) of section 5739.01 of the Revised Code, the price of 10,516
which consists in whole or in part of a membership for the 10,517
226
receipt of the benefit of the service, the tax applicable to the 10,518
sale shall be measured by the installments thereof. 10,519
(B) The tax does not apply to the following: 10,521
(1) Sales to the state or any of its political 10,523
subdivisions, or to any other state or its political subdivisions 10,524
if the laws of that state exempt from taxation sales made to this 10,525
state and its political subdivisions; 10,526
(2) Sales of food for human consumption off the premises 10,528
where sold; 10,529
(3) Sales of food sold to students only in a cafeteria, 10,531
dormitory, fraternity, or sorority maintained in a private, 10,532
public, or parochial school, college, or university; 10,533
(4) Sales of newspapers, and of magazine subscriptions 10,535
shipped by second class mail, and sales or transfers of magazines 10,536
distributed as controlled circulation publications; 10,537
(5) The furnishing, preparing, or serving of meals without 10,539
charge by an employer to an employee provided the employer 10,540
records the meals as part compensation for services performed or 10,541
work done; 10,542
(6) Sales of motor fuel upon receipt, use, distribution, 10,545
or sale of which in this state a tax is imposed by the law of 10,546
this state, but this exemption shall not apply to the sale of 10,547
motor fuel on which a refund of the tax is allowable under 10,548
section 5735.14 of the Revised Code; and the tax commissioner may 10,549
deduct the amount of tax levied by this section applicable to the 10,550
price of motor fuel when granting a refund of motor fuel tax 10,551
pursuant to section 5735.14 of the Revised Code and shall cause 10,552
the amount deducted to be paid into the general revenue fund of 10,553
this state;
(7) Sales of natural gas by a natural gas company, of 10,555
electricity by an electric company, of water by a water-works 10,556
company, or of steam by a heating company, if in each case the 10,557
thing sold is delivered to consumers through wires, pipes, or 10,558
conduits, and all sales of communications services by a telephone 10,559
227
or telegraph company, all terms as defined in section 5727.01 of 10,560
the Revised Code; 10,561
(8) Casual sales by a person, or auctioneer employed 10,563
directly by the person to conduct such sales, except as to such 10,565
sales of motor vehicles, watercraft or outboard motors required 10,566
to be titled under section 1548.06 of the Revised Code, 10,567
watercraft documented with the United States coast guard, 10,568
snowmobiles, all-purpose vehicles as defined in section 4519.01 10,569
of the Revised Code, and manufactured homes; 10,570
(9) Sales of services or tangible personal property, other 10,572
than motor vehicles and manufactured homes, by churches or by 10,573
nonprofit organizations operated exclusively for charitable 10,574
purposes as defined in division (B)(12) of this section, provided 10,575
that the number of days on which such tangible personal property 10,576
or services, other than items never subject to the tax, are sold 10,577
does not exceed six in any calendar year. If the number of days 10,578
on which such sales are made exceeds six in any calendar year, 10,579
the church or organization shall be considered to be engaged in 10,580
business and all subsequent sales by it shall be subject to the 10,581
tax. In counting the number of days, all sales by groups within 10,582
a church or within an organization shall be considered to be 10,583
sales of that church or organization, except that sales made by 10,584
separate student clubs and other groups of students of a primary 10,585
or secondary school, and sales made by a parent-teacher 10,586
association, booster group, or similar organization that raises 10,587
money to support or fund curricular or extracurricular activities 10,588
of a primary or secondary school, shall not be considered to be 10,589
sales of such school, and sales by each such club, group, 10,590
association, or organization shall be counted separately for 10,591
purposes of the six-day limitation. This division does not apply 10,592
to sales by a noncommercial educational radio or television 10,593
broadcasting station. 10,594
(10) Sales not within the taxing power of this state under 10,596
the Constitution of the United States; 10,597
228
(11) The transportation of persons or property, unless the 10,599
transportation is by a private investigation and security 10,600
service; 10,601
(12) Sales of tangible personal property or services to 10,603
churches, to organizations exempt from taxation under section 10,604
501(c)(3) of the Internal Revenue Code of 1986, and to any other 10,605
nonprofit organizations operated exclusively for charitable 10,606
purposes in this state, no part of the net income of which inures 10,607
to the benefit of any private shareholder or individual, and no 10,608
substantial part of the activities of which consists of carrying 10,609
on propaganda or otherwise attempting to influence legislation; 10,610
sales to offices administering one or more homes for the aged or 10,611
one or more hospital facilities exempt under section 140.08 of 10,612
the Revised Code; and sales to organizations described in 10,613
division (D) of section 5709.12 of the Revised Code. 10,614
"Charitable purposes" means the relief of poverty; the 10,616
improvement of health through the alleviation of illness, 10,617
disease, or injury; the operation of an organization exclusively 10,619
for the provision of professional, laundry, printing, and 10,620
purchasing services to hospitals or charitable institutions; the 10,622
operation of a home for the aged, as defined in section 5701.13 10,623
of the Revised Code; the operation of a radio or television 10,624
broadcasting station that is licensed by the federal 10,625
communications commission as a noncommercial educational radio or 10,626
television station; the operation of a nonprofit animal adoption 10,628
service or a county humane society; the promotion of education by 10,629
an institution of learning that maintains a faculty of qualified 10,630
instructors, teaches regular continuous courses of study, and
confers a recognized diploma upon completion of a specific 10,631
curriculum; the operation of a parent teacher association, 10,632
booster group, or similar organization primarily engaged in the 10,633
promotion and support of the curricular or extracurricular 10,634
activities of a primary or secondary school; the operation of a 10,635
community or area center in which presentations in music, 10,636
229
dramatics, the arts, and related fields are made in order to 10,637
foster public interest and education therein; the production of 10,638
performances in music, dramatics, and the arts; or the promotion 10,640
of education by an organization engaged in carrying on research
in, or the dissemination of, scientific and technological 10,641
knowledge and information primarily for the public. 10,642
Nothing in this division shall be deemed to exempt sales to 10,644
any organization for use in the operation or carrying on of a 10,645
trade or business, or sales to a home for the aged for use in the 10,646
operation of independent living facilities as defined in division 10,647
(A) of section 5709.12 of the Revised Code. 10,648
(13) Building and construction materials and services sold 10,650
to construction contractors for incorporation into a structure or 10,651
improvement to real property under a construction contract with 10,652
this state or a political subdivision thereof, or with the United 10,653
States government or any of its agencies; building and 10,654
construction materials and services sold to construction 10,655
contractors for incorporation into a structure or improvement to 10,656
real property that are accepted for ownership by this state or 10,658
any of its political subdivisions, or by the United States 10,659
government or any of its agencies at the time of completion of 10,660
such structures or improvements; building and construction 10,661
materials sold to construction contractors for incorporation into 10,662
a horticulture structure or livestock structure for a person 10,663
engaged in the business of horticulture or producing livestock; 10,664
building materials and services sold to a construction contractor 10,665
for incorporation into a house of public worship or religious 10,666
education, or a building used exclusively for charitable purposes 10,667
under a construction contract with an organization whose purpose 10,668
is as described in division (B)(12) of this section; building and 10,669
construction materials sold for incorporation into the original 10,670
construction of a sports facility under section 307.696 of the 10,671
Revised Code; and building and construction materials and 10,672
services sold to a construction contractor for incorporation into 10,673
230
real property outside this state if such materials and services, 10,674
when sold to a construction contractor in the state in which the 10,675
real property is located for incorporation into real property in 10,676
that state, would be exempt from a tax on sales levied by that 10,677
state; 10,678
(14) Sales of ships or vessels or rail rolling stock used 10,680
or to be used principally in interstate or foreign commerce, and 10,681
repairs, alterations, fuel, and lubricants for such ships or 10,682
vessels or rail rolling stock; 10,683
(15) Sales to persons engaged in any of the activities 10,685
mentioned in division (E)(2) or (9) of section 5739.01 of the 10,686
Revised Code, to persons engaged in making retail sales, or to 10,687
persons who purchase for sale from a manufacturer tangible 10,688
personal property that was produced by the manufacturer in 10,689
accordance with specific designs provided by the purchaser, of 10,690
packages, including material and parts for packages, and of 10,691
machinery, equipment, and material for use primarily in packaging 10,692
tangible personal property produced for sale by or on the order 10,693
of the person doing the packaging, or sold at retail. "Packages" 10,694
includes bags, baskets, cartons, crates, boxes, cans, bottles, 10,695
bindings, wrappings, and other similar devices and containers, 10,696
and "packaging" means placing therein. 10,697
(16) Sales of food to persons using food stamp coupons to 10,699
purchase the food. As used in division (B)(16) of this section, 10,700
"food" has the same meaning as in the "Food Stamp Act of 1977," 10,701
91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations 10,702
adopted pursuant to that act. 10,703
(17) Sales to persons engaged in farming, agriculture, 10,705
horticulture, or floriculture, of tangible personal property for 10,706
use or consumption directly in the production by farming, 10,707
agriculture, horticulture, or floriculture of other tangible 10,708
personal property for use or consumption directly in the 10,709
production of tangible personal property for sale by farming, 10,710
agriculture, horticulture, or floriculture; or material and parts 10,711
231
for incorporation into any such tangible personal property for 10,712
use or consumption in production; and of tangible personal 10,713
property for such use or consumption in the conditioning or 10,714
holding of products produced by and for such use, consumption, or 10,715
sale by persons engaged in farming, agriculture, horticulture, or 10,716
floriculture, except where such property is incorporated into 10,717
real property; 10,718
(18) Sales of drugs dispensed by a registered LICENSED 10,720
pharmacist upon the order of a practitioner licensed HEALTH 10,722
PROFESSIONAL AUTHORIZED to prescribe, dispense, and administer 10,724
drugs to a human being in the course of the professional 10,725
practice, AS DEFINED IN SECTION 4729.01 OF THE REVISED CODE;
insulin as recognized in the official United States 10,727
pharmacopoeia; urine and blood testing materials when used by 10,728
diabetics or persons with hypoglycemia to test for glucose or 10,729
acetone; hypodermic syringes and needles when used by diabetics 10,730
for insulin injections; epoetin alfa when purchased for use in
the treatment of persons with end-stage renal disease; hospital 10,731
beds when purchased for use by persons with medical problems for 10,733
medical purposes; and oxygen and oxygen-dispensing equipment when 10,734
purchased for use by persons with medical problems for medical 10,735
purposes;
(19) Sales of artificial limbs or portion thereof, breast 10,737
prostheses, and other prosthetic devices for humans; braces or 10,738
other devices for supporting weakened or nonfunctioning parts of 10,739
the human body; wheelchairs; devices used to lift wheelchairs 10,740
into motor vehicles and parts and accessories to such devices; 10,741
crutches or other devices to aid human perambulation; and items 10,742
of tangible personal property used to supplement impaired 10,743
functions of the human body such as respiration, hearing, or 10,744
elimination. No exemption under this division shall be allowed 10,745
for nonprescription drugs, medicines, or remedies; items or 10,746
devices used to supplement vision; items or devices whose 10,747
function is solely or primarily cosmetic; or physical fitness 10,748
232
equipment. This division does not apply to sales to a physician 10,749
or medical facility for use in the treatment of a patient. 10,750
(20) Sales of emergency and fire protection vehicles and 10,752
equipment to nonprofit organizations for use solely in providing 10,753
fire protection and emergency services for political subdivisions 10,754
of the state; 10,755
(21) Sales of tangible personal property manufactured in 10,757
this state, if sold by the manufacturer in this state to a 10,758
retailer for use in the retail business of the retailer outside 10,759
of this state and if possession is taken from the manufacturer by 10,761
the purchaser within this state for the sole purpose of 10,762
immediately removing the same from this state in a vehicle owned 10,763
by the purchaser;
(22) Sales of services provided by the state or any of its 10,765
political subdivisions, agencies, instrumentalities, 10,766
institutions, or authorities, or by governmental entities of the 10,767
state or any of its political subdivisions, agencies, 10,768
instrumentalities, institutions, or authorities; 10,769
(23) Sales of motor vehicles to nonresidents of this state 10,771
upon the presentation of an affidavit executed in this state by 10,772
the nonresident purchaser affirming that the purchaser is a 10,773
nonresident of this state, that possession of the motor vehicle 10,774
is taken in this state for the sole purpose of immediately 10,775
removing it from this state, that the motor vehicle will be 10,776
permanently titled and registered in another state, and that the 10,777
motor vehicle will not be used in this state; 10,778
(24) Sales to persons engaged in the preparation of eggs 10,780
for sale of tangible personal property used or consumed directly 10,781
in such preparation, including such tangible personal property 10,782
used for cleaning, sanitizing, preserving, grading, sorting, and 10,783
classifying by size; packages, including material and parts for 10,784
packages, and machinery, equipment, and material for use in 10,785
packaging eggs for sale; and handling and transportation 10,786
equipment and parts therefor, except motor vehicles licensed to 10,787
233
operate on public highways, used in intraplant or interplant 10,788
transfers or shipment of eggs in the process of preparation for 10,789
sale, when the plant or plants within or between which such 10,790
transfers or shipments occur are operated by the same person. 10,791
"Packages" includes containers, cases, baskets, flats, fillers, 10,792
filler flats, cartons, closure materials, labels, and labeling 10,793
materials, and "packaging" means placing therein. 10,794
(25)(a) Sales of water to a consumer for residential use, 10,796
except the sale of bottled water, distilled water, mineral water, 10,797
carbonated water, or ice; 10,798
(b) Sales of water by a nonprofit corporation engaged 10,800
exclusively in the treatment, distribution, and sale of water to 10,801
consumers, if such water is delivered to consumers through pipes 10,802
or tubing. 10,803
(26) Fees charged for inspection or reinspection of motor 10,805
vehicles under section 3704.14 of the Revised Code; 10,806
(27) Sales of solar, wind, or hydrothermal energy systems 10,808
that meet the guidelines established under division (B) of 10,809
section 1551.20 of the Revised Code, components of such systems 10,810
that are identified under division (B) or (D) of that section, or 10,811
charges for the installation of such systems or components, made 10,812
during the period from August 14, 1979, through December 31, 10,813
1985; 10,814
(28) Sales to persons licensed to conduct a food service 10,816
operation pursuant to section 3732.03 of the Revised Code, of 10,817
tangible personal property primarily used directly for the 10,818
following:
(a) To prepare food for human consumption for sale; 10,820
(b) To preserve food that has been or will be prepared for 10,823
human consumption for sale by the food service operator, not
including tangible personal property used to display food for 10,824
selection by the consumer; 10,825
(c) To clean tangible personal property used to prepare or 10,827
serve food for human consumption for sale. 10,828
234
(29) Sales of animals by nonprofit animal adoption 10,830
services or county humane societies; 10,831
(30) Sales of services to a corporation described in 10,833
division (A) of section 5709.72 of the Revised Code, and sales of 10,834
tangible personal property that qualifies for exemption from 10,835
taxation under section 5709.72 of the Revised Code; 10,836
(31) Sales and installation of agricultural land tile, as 10,838
defined in division (B)(5)(a) of section 5739.01 of the Revised 10,839
Code; 10,840
(32) Sales and erection or installation of portable grain 10,842
bins, as defined in division (B)(5)(b) of section 5739.01 of the 10,843
Revised Code; 10,844
(33) The sale, lease, repair, and maintenance of; parts 10,846
for; or items attached to or incorporated in motor vehicles that 10,847
are primarily used for transporting tangible personal property by 10,848
a person engaged in highway transportation for hire; 10,849
(34) Sales to the state headquarters of any veterans' 10,851
organization in Ohio that is either incorporated and issued a 10,852
charter by the congress of the United States or is recognized by 10,853
the United States veterans administration, for use by the 10,854
headquarters; 10,855
(35) Sales to a telecommunications service vendor of 10,857
tangible personal property and services used directly and 10,858
primarily in transmitting, receiving, switching, or recording any 10,859
interactive, two-way electromagnetic communications, including 10,860
voice, image, data, and information, through the use of any 10,861
medium, including, but not limited to, poles, wires, cables, 10,862
switching equipment, computers, and record storage devices and 10,863
media, and component parts for the tangible personal property. 10,864
The exemption provided in division (B)(35) of this section shall 10,865
be in lieu of all other exceptions under division (E)(2) of 10,866
section 5739.01 of the Revised Code to which a telecommunications 10,867
service vendor may otherwise be entitled based upon the use of 10,868
the thing purchased in providing the telecommunications service. 10,869
235
(36) Sales of investment metal bullion and investment 10,871
coins. "Investment metal bullion" means any elementary precious 10,872
metal that has been put through a process of smelting or 10,873
refining, including, but not limited to, gold, silver, platinum, 10,874
and palladium, and which is in such state or condition that its 10,875
value depends upon its content and not upon its form. 10,876
"Investment metal bullion" does not include fabricated precious 10,877
metal that has been processed or manufactured for one or more 10,879
specific and customary industrial, professional, or artistic 10,880
uses. "Investment coins" means numismatic coins or other forms 10,881
of money and legal tender manufactured of gold, silver, platinum, 10,882
palladium, or other metal under the laws of the United States or 10,883
any foreign nation with a fair market value greater than any 10,884
statutory or nominal value of such coins. 10,885
(37)(a) Sales where the purpose of the consumer is to use 10,887
or consume the things transferred in making retail sales and 10,888
consisting of newspaper inserts, catalogues, coupons, flyers, 10,889
gift certificates, or other advertising material that prices and 10,891
describes tangible personal property offered for retail sale. 10,892
(b) Sales to direct marketing vendors of preliminary 10,894
materials such as photographs, artwork, and typesetting that will 10,895
be used in printing advertising material; of printed matter that 10,896
offers free merchandise or chances to win sweepstake prizes and 10,897
that is mailed to potential customers with advertising material 10,898
described in division (B)(37)(a) of this section; and of 10,899
equipment such as telephones, computers, facsimile machines, and 10,900
similar tangible personal property primarily used to accept 10,901
orders for direct marketing retail sales. 10,902
(c) Sales of automatic food vending machines that preserve 10,904
food with a shelf life of forty-five days or less by 10,905
refrigeration and dispense it to the consumer. 10,906
For purposes of division (B)(37) of this section, "direct 10,908
marketing" means the method of selling where consumers order 10,909
tangible personal property by United States mail, delivery 10,910
236
service, or telecommunication and the vendor delivers or ships 10,911
the tangible personal property sold to the consumer from a 10,912
warehouse, catalogue distribution center, or similar fulfillment 10,913
facility by means of the United States mail, delivery service, or 10,914
common carrier. 10,915
(38) Sales to a person engaged in the business of 10,917
horticulture or producing livestock of materials to be 10,918
incorporated into a horticulture structure or livestock 10,919
structure; 10,920
(39) The sale of a motor vehicle that is used exclusively 10,922
for a vanpool ridesharing arrangement to persons participating in 10,923
the vanpool ridesharing arrangement when the vendor is selling 10,924
the vehicle pursuant to a contract between the vendor and the 10,925
department of transportation;
(40) Sales of personal computers, computer monitors, 10,927
computer keyboards, modems, and other peripheral computer 10,928
equipment to an individual who is licensed or certified to teach 10,929
in an elementary or a secondary school in this state for use by 10,930
that individual in preparation for teaching elementary or
secondary school students; 10,931
(41) Sales to a professional racing team of any of the 10,933
following: 10,934
(a) Motor racing vehicles; 10,936
(b) Repair services for motor racing vehicles; 10,939
(c) Items of property that are attached to or incorporated 10,942
in motor racing vehicles, including engines, chassis, and all 10,943
other components of the vehicles, and all spare, replacement, and 10,944
rebuilt parts or components of the vehicles; except not including 10,945
tires, consumable fluids, paint, and accessories consisting of 10,946
instrumentation sensors and related items added to the vehicle to 10,947
collect and transmit data by means of telemetry and other forms 10,948
of communication.
For the purpose of the proper administration of this 10,950
chapter, and to prevent the evasion of the tax, it is presumed 10,951
237
that all sales made in this state are subject to the tax until 10,952
the contrary is established. 10,953
As used in this section, except in division (B)(16) of this 10,955
section, "food" includes cereals and cereal products, milk and 10,956
milk products including ice cream, meat and meat products, fish 10,957
and fish products, eggs and egg products, vegetables and 10,958
vegetable products, fruits, fruit products, and pure fruit 10,959
juices, condiments, sugar and sugar products, coffee and coffee 10,960
substitutes, tea, and cocoa and cocoa products. It does not 10,961
include: spirituous or malt liquors; soft drinks; sodas and 10,962
beverages that are ordinarily dispensed at bars and soda 10,963
fountains or in connection therewith, other than coffee, tea, and 10,964
cocoa; root beer and root beer extracts; malt and malt extracts; 10,965
mineral oils, cod liver oils, and halibut liver oil; medicines, 10,966
including tonics, vitamin preparations, and other products sold 10,967
primarily for their medicinal properties; and water, including 10,968
mineral, bottled, and carbonated waters, and ice. 10,969
(C) The levy of an excise tax on transactions by which 10,971
lodging by a hotel is or is to be furnished to transient guests 10,972
pursuant to this section and division (B) of section 5739.01 of 10,973
the Revised Code does not prevent any of the following: 10,974
(1) A municipal corporation or township from levying an 10,976
excise tax for any lawful purpose not to exceed three per cent on 10,977
transactions by which lodging by a hotel is or is to be furnished 10,978
to transient guests in addition to the tax levied by this 10,979
section. If a municipal corporation or township repeals a tax 10,980
imposed under division (C)(1) of this section and a county in 10,981
which the municipal corporation or township has territory has a 10,982
tax imposed under division (C) of section 5739.024 of the Revised 10,983
Code in effect, the municipal corporation or township may not 10,984
reimpose its tax as long as that county tax remains in effect. A 10,985
municipal corporation or township in which a tax is levied under 10,986
division (B)(2) of section 351.021 of the Revised Code may not 10,987
increase the rate of its tax levied under division (C)(1) of this 10,988
238
section to any rate that would cause the total taxes levied under 10,989
both of those divisions to exceed three per cent on any lodging 10,990
transaction within the municipal corporation or township. 10,991
(2) A municipal corporation or a township from levying an 10,993
additional excise tax not to exceed three per cent on such 10,994
transactions pursuant to division (B) of section 5739.024 of the 10,995
Revised Code. Such tax is in addition to any tax imposed under 10,996
division (C)(1) of this section. 10,997
(3) A county from levying an excise tax pursuant to 10,999
division (A) of section 5739.024 of the Revised Code. 11,000
(4) A county from levying an excise tax not to exceed 11,002
three per cent of such transactions pursuant to division (C) of 11,003
section 5739.024 of the Revised Code. Such a tax is in addition 11,004
to any tax imposed under division (C)(3) of this section. 11,005
(5) A convention facilities authority, as defined in 11,007
division (A) of section 351.01 of the Revised Code, from levying 11,008
the excise taxes provided for in division (B) of section 351.021 11,009
of the Revised Code. 11,010
(6) A county from levying an excise tax not to exceed one 11,012
and one-half per cent of such transactions pursuant to division 11,013
(D) of section 5739.024 of the Revised Code. Such tax is in 11,014
addition to any tax imposed under division (C)(3) or (4) of this 11,015
section. 11,016
(7) A county from levying an excise tax not to exceed one 11,018
and one-half per cent of such transactions pursuant to division 11,019
(E) of section 5739.024 of the Revised Code. Such a tax is in 11,020
addition to any tax imposed under division (C)(3), (4), or (6) of 11,021
this section. 11,022
(D) The levy of this tax on retail sales of recreation and 11,024
sports club service shall not prevent a municipal corporation 11,025
from levying any tax on recreation and sports club dues or on any 11,026
income generated by recreation and sports club dues. 11,027
Section 2. That existing sections 2305.234, 2305.25, 11,030
2305.33, 2317.02, 2913.02, 2913.51, 2925.01, 2925.02, 2925.03, 11,032
239
2925.09, 2925.11, 2925.12, 2925.14, 2925.23, 2925.50, 2927.24,
3313.713, 3701.33, 3709.161, 3715.01, 3715.03, 3715.52, 3715.53, 11,035
3715.54, 3715.55, 3715.56, 3715.57, 3715.59, 3715.63, 3715.64, 11,036
3715.65, 3715.66, 3715.69, 3715.70, 3715.71, 3715.73, 3719.01, 11,037
3719.011, 3719.05, 3719.06, 3719.07, 3719.08, 3719.09, 3719.12, 11,040
3719.121, 3719.15, 3719.172, 3719.19, 3719.30, 3719.34, 3719.35, 11,041
3719.36, 3719.42, 3719.44, 3719.61, 3719.81, 3719.99, 4121.443, 11,042
4301.01, 4301.69, 4303.01, 4303.21, 4303.27, 4303.34, 4723.28, 11,044
4725.01, 4729.01, 4729.02, 4729.03, 4729.06, 4729.07, 4729.08, 11,045
4729.09, 4729.11, 4729.12, 4729.13, 4729.14, 4729.15, 4729.16, 11,046
4729.25, 4729.26, 4729.27, 4729.28, 4729.29, 4729.30, 4729.36, 11,047
4729.37, 4729.38, 4729.381, 4729.51, 4729.52, 4729.54, 4729.55, 11,048
4729.57, 4729.59, 4729.60, 4729.63, 4729.66, 4729.67, 4731.052, 11,050
4741.22, 5123.193, 5126.35, and 5739.02, and sections 4729.021, 11,053
4729.261, and 4729.262 of the Revised Code are hereby repealed. 11,054
Section 3. The amendment of section 2305.234 of the 11,056
Revised Code is not intended to supersede the earlier repeal, 11,057
with delayed effective date, of that section. 11,058
Section 4. Section 2317.02 of the Revised Code is 11,060
presented in this act as a composite of the section as amended by 11,061
both Sub. S.B. 223 and Am. Sub. S.B. 230 of the 121st General 11,062
Assembly, with the new language of neither of the acts shown in 11,064
capital letters. Section 2913.02 of the Revised Code is 11,065
presented in this act as a composite of the section as amended by 11,066
both Am. Sub. S.B. 2 and Sub. H.B. 4 of the 121st General 11,067
Assembly, with the new language of neither of the acts shown in 11,069
capital letters. Section 2913.51 of the Revised Code is presented 11,070
in this act as a composite of the section as amended by both Am. 11,072
Sub. S.B. 2 and Sub. H.B. 4 of the 121st General Assembly, with
the new language of neither of the acts shown in capital letters. 11,074
Section 2925.01 of the Revised Code is presented in this act as 11,075
a composite of the section as amended by Am. Sub. S.B. 143, Sub. 11,077
H.B. 125, Am. Sub. S.B. 269, and Sub. S.B. 223 of the 121st 11,078
General Assembly, with the new language of none of the acts shown 11,079
240
in capital letters. Section 2925.03 of the Revised Code is
presented in this act as a composite of the section as amended by 11,080
both Am. Sub. S.B. 269 and Am. Sub. S.B. 166 of the 121st General 11,081
Assembly, with the new language of neither of the acts shown in 11,082
capital letters. Section 3719.01 of the Revised Code is 11,083
presented in this act as a composite of the section as amended by 11,084
both Am. Sub. H.B. 162 and Am. Sub. S.B. 269 of the 121st General 11,085
Assembly, with the new language of neither of the acts shown in 11,086
capital letters. This is in recognition of the principle stated 11,088
in division (B) of section 1.52 of the Revised Code that such 11,089
amendments are to be harmonized where not substantively 11,090
irreconcilable and constitutes a legislative finding that such is 11,091
the resulting version in effect prior to the effective date of 11,092
this act.