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            


                                                                   10           

                           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           

                                                          2      

                                                                 
      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           

                                                          3      

                                                                 
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                   

                                                          4      

                                                                 
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.                                           

                                                          5      

                                                                 
      (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          

                                                          6      

                                                                 
      (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          

                                                          7      

                                                                 
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          

                                                          8      

                                                                 
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          

                                                          9      

                                                                 
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          

                                                          10     

                                                                 
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          

                                                          11     

                                                                 
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          

                                                          12     

                                                                 
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          

                                                          13     

                                                                 
      (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          

                                                          14     

                                                                 
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          

                                                          15     

                                                                 
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          

                                                          16     

                                                                 
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.