As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                          Am. Sub. S. B. No. 66  5            

      1997-1998                                                    6            


             SENATORS DRAKE-GAETH-HOWARD-HERINGTON-                8            

 REPRESENTATIVES VAN VYVEN-BRADING-WHALEN-GARCIA-PRINGLE-MYERS-    9            

    TAYLOR-HOUSEHOLDER-BOYD-TAVARES-JAMES-OGG-CORBIN-JOHNSON-      10           

          CLANCY-WINKLER-YOUNG-ROBERTS-PRENTISS-SALERNO            11           


                                                                   13           

                           A   B I L L                                          

             To amend sections 1337.15, 1337.16, 2133.11,          15           

                2133.12, 2305.234, 2305.25, 2305.33, 2913.02,      16           

                2913.51, 2925.01, 2925.02, 2925.03, 2925.09,       17           

                2925.11, 2925.12, 2925.14, 2925.23, 2925.50,       18           

                2927.24, 3313.713, 3701.33, 3709.161, 3715.01,     19           

                3715.03, 3715.52 to 3715.57, 3715.59, 3715.63 to   21           

                3715.66, 3715.69, 3715.70, 3715.71, 3715.73,                    

                3719.01, 3719.011, 3719.05 to 3719.09, 3719.12,    22           

                3719.121, 3719.15, 3719.172, 3719.19, 3719.30,     23           

                3719.34 to 3719.36, 3719.42, 3719.44, 3719.61,                  

                3719.81, 3719.99, 3729.01, 4121.443, 4301.01,      24           

                4301.69, 4303.01, 4303.21, 4303.27, 4303.34,       25           

                4506.01, 4723.28, 4725.01, 4729.01, 4729.02,       26           

                4729.03, 4729.06 to 4729.09, 4729.11 to 4729.16,                

                4729.25, 4729.26, 4729.27 to 4729.30, 4729.36,     27           

                4729.37, 4729.38, 4729.381, 4729.51, 4729.52,      28           

                4729.54, 4729.55, 4729.57, 4729.59, 4729.60,                    

                4729.63, 4729.66, 4729.67, 4731.052, 4731.22,      29           

                4741.22, 5123.193, 5126.35, and 5739.02; to        30           

                amend, for the purpose of adopting new section     32           

                numbers as indicated in parentheses, sections                   

                4729.01 (4729.02) and 4729.02 (4729.01); to enact  33           

                sections 4729.281 and 4729.39; and to repeal       35           

                sections 4729.021, 4729.261, and 4729.262 of the   36           

                Revised Code to revise the laws pertaining to      37           

                                                          2      

                                                                 
                drugs and the practice of pharmacy.                             




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        39           

      Section 1.  That sections 1337.15, 1337.16, 2133.11,         41           

2133.12, 2305.234, 2305.25, 2305.33, 2913.02, 2913.51, 2925.01,    43           

2925.02, 2925.03, 2925.09, 2925.11, 2925.12, 2925.14, 2925.23,     44           

2925.50, 2927.24, 3313.713, 3701.33, 3709.161, 3715.01, 3715.03,   46           

3715.52, 3715.53, 3715.54, 3715.55, 3715.56, 3715.57, 3715.59,     47           

3715.63, 3715.64, 3715.65, 3715.66, 3715.69, 3715.70, 3715.71,     49           

3715.73, 3719.01, 3719.011, 3719.05, 3719.06, 3719.07, 3719.08,    51           

3719.09, 3719.12, 3719.121, 3719.15, 3719.172, 3719.19, 3719.30,   52           

3719.34, 3719.35, 3719.36, 3719.42, 3719.44, 3719.61, 3719.81,     53           

3719.99, 3729.01, 4121.443, 4301.01, 4301.69, 4303.01, 4303.21,    54           

4303.27, 4303.34, 4506.01, 4723.28, 4725.01, 4729.01, 4729.02,     56           

4729.03, 4729.06, 4729.07, 4729.08, 4729.09, 4729.11, 4729.12,                  

4729.13, 4729.14, 4729.15, 4729.16, 4729.25, 4729.26, 4729.27,     58           

4729.28, 4729.29, 4729.30, 4729.36, 4729.37, 4729.38, 4729.381,    59           

4729.51, 4729.52, 4729.54, 4729.55, 4729.57, 4729.59, 4729.60,                  

4729.63, 4729.66, 4729.67, 4731.052, 4731.22, 4741.22, 5123.193,   60           

5126.35, and 5739.02 be amended; sections 4729.01 (4729.02) and    63           

4729.02 (4729.01) be amended for the purpose of adopting new       64           

section numbers as indicated in parentheses; and sections                       

4729.281 and 4729.39 of the Revised Code be enacted to read as     66           

follows:                                                           67           

      Sec. 1337.15.  (A)  Subject to division (H) of this          76           

section, an attending physician of a principal is not subject to   77           

criminal prosecution or professional disciplinary action and is    78           

not liable in damages in a tort or other civil action for actions  79           

taken in good faith and in reliance on a health care decision      80           

when all of the following are satisfied:                           81           

      (1)  The decision is made by an attorney in fact under a     83           

durable power of attorney for health care after he THE ATTORNEY    84           

IN FACT receives information sufficient to satisfy the             86           

requirements of informed consent or refusal or withdrawal of       87           

                                                          3      

                                                                 
informed consent, and the attending physician, in good faith,      88           

believes that the attorney in fact is authorized to make the       89           

decision.                                                                       

      (2)  The attending physician, in good faith, believes that   91           

the decision is consistent with the desires of the principal, or   92           

the attorney in fact informs the attending physician that the      93           

desires of the principal are unknown and the attending physician,  94           

in good faith, believes that the desires of the principal are      95           

unknown and that the decision is in the best interest of the       96           

principal.                                                         97           

      (3)  The attending physician determines, in good faith, to   99           

a reasonable degree of medical certainty, and in accordance with   100          

reasonable medical standards, that the principal has lost the      101          

capacity to make informed health care decisions for himself THE    102          

PRINCIPAL.                                                         103          

      (4)  If the decision is to withhold or withdraw              105          

life-sustaining treatment, the attending physician attempts, in    106          

good faith, to determine the desires of the principal to the       107          

extent that the principal is able to convey them and places a      108          

report of the attempt in the health care records of the            109          

principal.                                                         110          

      (5)  If the decision is to withhold or withdraw              112          

life-sustaining treatment, the attending physician determines, in  113          

good faith, to a reasonable degree of medical certainty, and in    114          

accordance with reasonable medical standards, that both of the     115          

following apply:                                                   116          

      (a)  The principal is in a terminal condition or in a        118          

permanently unconscious state.                                     119          

      (b)  There is no reasonable possibility that the principal   121          

will regain the capacity to make informed health care decisions    122          

for himself THE PRINCIPAL.                                         123          

      (6)  If the decision pertains to a principal who is          125          

pregnant and if the withholding or withdrawal of health care       126          

would terminate the pregnancy, the attending physician makes, in   127          

                                                          4      

                                                                 
good faith, to a reasonable degree of medical certainty, and in    128          

accordance with reasonable medical standards, a determination      129          

whether or not the pregnancy or health care involved would pose a  130          

substantial risk to the life of the principal or a determination   131          

whether or not the fetus would be born alive.                      132          

      (7)  If the decision pertains to the provision of nutrition  134          

or hydration to a principal who is in a terminal condition or in   135          

a permanently unconscious state, the attending physician           136          

determines, in good faith, to a reasonable degree of medical       137          

certainty, and in accordance with reasonable medical standards,    138          

that nutrition or hydration will not or no longer will serve to    139          

provide comfort to, or alleviate pain of, the principal.           140          

      (8)  If the decision pertains to the provision of nutrition  142          

or hydration to a principal who is in a permanently unconscious    143          

state, the attending physician determines, in good faith, that     144          

the principal authorized the attorney in fact to refuse or         145          

withdraw informed consent to the provision of nutrition or         146          

hydration to him THE PRINCIPAL when he THE PRINCIPAL is in a       148          

permanently unconscious state by complying with the requirements   149          

of divisions (E)(2)(a) and (b) of section 1337.13 of the Revised   150          

Code.                                                                           

      (B)(1)  Notwithstanding the health care decision of the      152          

attorney in fact, subject to division (H) of this section, an      153          

attending physician of a principal is not subject to criminal      154          

prosecution or professional disciplinary action and is not liable  156          

in damages in a tort or other civil action for providing or for    157          

failing to withdraw life-sustaining treatment.                                  

      (2)  Subject to division (H) of this section, an attending   159          

physician who is carrying out in good faith and in a manner        160          

consistent with divisions (C) and (E) of section 1337.13 of the    161          

Revised Code the responsibility to provide comfort care to a       162          

principal in a terminal condition or in a permanently unconscious  163          

state is not subject to criminal prosecution or professional                    

disciplinary action and is not liable in damages in a tort or      164          

                                                          5      

                                                                 
other civil action for prescribing, dispensing, administering, or  165          

causing to be administered any particular medical procedure,       166          

treatment, intervention, or other measure to the principal,        167          

including, but not limited to, prescribing, dispensing PERSONALLY  168          

FURNISHING, administering, or causing to be administered by        169          

judicious titration or in another manner any form of medication,   170          

for the purpose of diminishing his THE PRINCIPAL'S pain or         171          

discomfort and not for the purpose of postponing or causing his    173          

THE PRINCIPAL'S death, even though the medical procedure,          174          

treatment, intervention, or other measure may appear to hasten or  175          

increase the risk of the principal's death.                        176          

      (C)  Subject to division (H) of this section, a consulting   178          

physician is not subject to criminal prosecution or professional   179          

disciplinary action and is not liable in damages in a tort or      180          

other civil action as follows:                                     181          

      (1)  If the health care decision involved is one other than  183          

the health care decision described in division (C)(2), (3), or     184          

(4) of this section, the consulting physician made a               185          

determination, in good faith, to a reasonable degree of medical    186          

certainty, and in accordance with reasonable medical standards,    187          

in conjunction with the attending physician of a principal.        188          

      (2)  If the decision is to withhold or withdraw              190          

life-sustaining treatment, the consulting physician determines,    191          

in good faith, to a reasonable degree of medical certainty, and    192          

in accordance with reasonable medical standards, after examining   193          

the principal, that the principal is in a terminal condition or    194          

in a permanently unconscious state.                                195          

      (3)  If the health care decision involved pertains to a      197          

principal who is pregnant and if the withholding or withdrawal of  198          

health care would terminate the pregnancy, the consulting          199          

physician makes, in good faith, to a reasonable degree of medical  200          

certainty, and in accordance with reasonable medical standards, a  201          

determination whether or not the pregnancy or health care          202          

involved would pose a substantial risk to the life of the          203          

                                                          6      

                                                                 
principal or a determination whether or not the fetus would be     204          

born alive.                                                        205          

      (4)  If the decision pertains to the provision of nutrition  207          

or hydration to a principal who is in a terminal condition or in   208          

a permanently unconscious state, the consulting physician          209          

determines, in good faith, to a reasonable degree of medical       210          

certainty, and in accordance with reasonable medical standards,    211          

that nutrition or hydration will not or no longer will serve to    212          

provide comfort to, or alleviate pain of, the principal.           213          

      (D)  Subject to division (H) of this section, a person is    215          

not subject to criminal prosecution or professional disciplinary   216          

action and is not liable in damages in a tort or other civil       217          

action for actions taken, in good faith, while relying on a        218          

durable power of attorney for health care if the person does not   219          

have actual knowledge of either of the following facts:            220          

      (1)  The durable power of attorney has been revoked          222          

pursuant to section 1337.14 of the Revised Code.                   223          

      (2)  The durable power of attorney does not substantially    225          

comply with sections 1337.11 to 1337.17 of the Revised Code.       226          

      (E)(1)  Subject to division (H) of this section, a           228          

consulting physician, an employee or agent of any health care      229          

facility or the attending physician of a principal, and health     230          

care personnel acting under the direction of the attending         231          

physician of a principal are not subject to criminal prosecution   232          

or professional disciplinary action and are not liable in damages  233          

in a tort or other civil action for any action described in        234          

division (A), (B), (C), or (D) of this section that was            235          

undertaken, in good faith, pursuant to the direction of the        236          

attending physician of the principal.                              237          

      (2)  Subject to division (H) of this section, health care    239          

personnel who are acting under the direction of the principal's    240          

attending physician and who carry out the responsibility to        241          

provide comfort care to a principal in a terminal condition or in  242          

a permanently unconscious state in good faith and in a manner      243          

                                                          7      

                                                                 
consistent with divisions (C) and (E) of section 1337.13 of the                 

Revised Code are not subject to criminal prosecution or            244          

professional disciplinary action and are not liable in damages in  245          

a tort or other civil action for dispensing, administering, or     246          

causing to be administered any particular medical procedure,       247          

treatment, intervention, or other measure to the principal,        248          

including, but not limited to, dispensing PERSONALLY FURNISHING,   249          

administering, or causing to be administered by judicious          250          

titration or in another manner any form of medication, for the     251          

purpose of diminishing his THE PRINCIPAL'S pain or discomfort and  252          

not for the purpose of postponing or causing his THE PRINCIPAL'S   253          

death, even though the medical procedure, treatment,               255          

intervention, or other measure may appear to hasten or increase    256          

the risk of the principal's death.                                              

      (F)  Subject to division (H) of this section, a health care  258          

facility is not subject to criminal prosecution or professional    259          

disciplinary action and is not liable in damages in a tort or      260          

other civil action for any action that properly was undertaken     261          

pursuant to division (A), (B), (C), (D), or (E) of this section.   262          

      (G)  Subject to division (H) of this section, an attorney    264          

in fact is not subject to criminal prosecution or professional     265          

disciplinary action and is not liable in damages in a tort or      266          

other civil action for health care decisions made in good faith    267          

while acting pursuant to his THE ATTORNEY IN FACT'S authority      268          

under a durable power of attorney for health care.                 270          

      (H)(1)  Sections 1337.11 to 1337.17 of the Revised Code and  273          

a durable power of attorney for health care do not affect or                    

limit any potential tort or other civil liability of an attending  274          

or consulting physician, an employee or agent of a health care     275          

facility or an attending physician, health care personnel acting   276          

under the direction of an attending physician, a health care       277          

facility, an attorney in fact, or any other person, including,     278          

but not limited to, liability associated with a medical claim,     279          

that satisfies both of the following:                              280          

                                                          8      

                                                                 
      (a)  The liability arises out of a negligent action or       282          

omission in connection with the medical diagnosis, care, or        283          

treatment of a principal under a durable power of attorney for     284          

health care or arises out of any deviation from reasonable         285          

medical standards.                                                 286          

      (b)  The liability is based on the fact that the negligent   288          

action or omission, or the deviation, as described in division     289          

(H)(1)(a) of this section caused or contributed to the principal   290          

under the durable power of attorney for health care having a       291          

terminal condition or being in a permanently unconscious state,    292          

or otherwise caused or contributed to any injury to or the         293          

wrongful death of the principal.                                   294          

      (2)  Sections 1337.11 to 1337.17 of the Revised Code and a   296          

durable power of attorney for health care do not grant an          297          

immunity from criminal or civil liability or from professional     299          

disciplinary action to health care personnel for actions that are  300          

outside the scope of their authority.                              301          

      Sec. 1337.16.  (A)  No physician, health care facility,      310          

other health care provider, person authorized to engage in the     311          

business of insurance in this state under Title XXXIX of the       312          

Revised Code, health insuring corporation, other health care       315          

plan, or legal entity that is self-insured and provides benefits   316          

to its employees or members shall require an individual to create  317          

or refrain from creating a durable power of attorney for health    318          

care, or shall require an individual to revoke or refrain from     319          

revoking a durable power of attorney for health care, as a         320          

condition of being admitted to a health care facility, being       321          

provided health care, being insured, or being the recipient of     322          

benefits.                                                          323          

      (B)(1)  Subject to division (B)(2) of this section, an       325          

attending physician of a principal or a health care facility in    326          

which a principal is confined may refuse to comply or allow        327          

compliance with the instructions of an attorney in fact under a    328          

durable power of attorney for health care on the basis of a        329          

                                                          9      

                                                                 
matter of conscience or on another basis.  An employee or agent    330          

of an attending physician of a principal or of a health care       331          

facility in which a principal is confined may refuse to comply     332          

with the instructions of an attorney in fact under a durable       333          

power of attorney for health care on the basis of a matter of      334          

conscience.                                                        335          

      (2)(a)  An attending physician of a principal who, or        337          

health care facility in which a principal is confined that, is     338          

not willing or not able to comply or allow compliance with the     339          

instructions of an attorney in fact under a durable power of       340          

attorney for health care to use or continue, or to withhold or     341          

withdraw, health care that were given under division (A) of        342          

section 1337.13 of the Revised Code, or with any probate court     343          

reevaluation order issued pursuant to division (D)(6) of this      344          

section, shall not prevent or attempt to prevent, or unreasonably  345          

delay or attempt to unreasonably delay, the transfer of the        346          

principal to the care of a physician who, or a health care         347          

facility that, is willing and able to so comply or allow           348          

compliance.                                                        349          

      (b)  If the instruction of an attorney in fact under a       351          

durable power of attorney for health care that is given under      352          

division (A) of section 1337.13 of the Revised Code is to use or   353          

continue life-sustaining treatment in connection with a principal  354          

who is in a terminal condition or in a permanently unconscious     355          

state, the attending physician of the principal who, or the        356          

health care facility in which the principal is confined that, is   357          

not willing or not able to comply or allow compliance with that    358          

instruction shall use or continue the life-sustaining treatment    359          

or cause it to be used or continued until a transfer as described  360          

in division (B)(2)(a) of this section is made.                     361          

      (C)  Sections 1337.11 to 1337.17 of the Revised Code and a   363          

durable power of attorney for health care created under section    364          

1337.12 of the Revised Code do not affect or limit the authority   365          

of a physician or a health care facility to provide or not to      366          

                                                          10     

                                                                 
provide health care to a person in accordance with reasonable      367          

medical standards applicable in an emergency situation.            368          

      (D)(1)  If the attending physician of a principal and one    370          

other physician who examines the principal determine that the      371          

principal is in a terminal condition or in a permanently           373          

unconscious state, if the attending physician additionally         374          

determines that the principal has lost the capacity to make        375          

informed health care decisions for the principal and that there    376          

is no reasonable possibility that the principal will regain the    378          

capacity to make informed health care decisions for the            379          

principal, and if the attorney in fact under the principal's       381          

durable power of attorney for health care makes a health care      382          

decision pertaining to the use or continuation, or the             383          

withholding or withdrawal, of life-sustaining treatment, the       384          

attending physician shall do all of the following:                 385          

      (a)  Record the determinations and health care decision in   387          

the principal's medical record;                                    388          

      (b)  Make a good faith effort, and use reasonable            390          

diligence, to notify the appropriate individual or individuals,    391          

in accordance with the following descending order of priority, of  392          

the determinations and health care decision:                       393          

      (i)  If any, the guardian of the principal.  This division   395          

does not permit or require the appointment of a guardian for the   396          

principal.                                                         397          

      (ii)  The principal's spouse;                                399          

      (iii)  The principal's adult children who are available      401          

within a reasonable period of time for consultation with the       402          

principal's attending physician;                                   403          

      (iv)  The principal's parents;                               405          

      (v)  An adult sibling of the principal or, if there is more  407          

than one adult sibling, a majority of the principal's adult        408          

siblings who are available within a reasonable period of time for  409          

such consultation.                                                 410          

      (c)  Record in the principal's medical record the names of   411          

                                                          11     

                                                                 
the individual or individuals notified pursuant to division        412          

(D)(1)(b) of this section and the manner of notification;          413          

      (d)  Afford time for the individual or individuals notified  415          

pursuant to division (D)(1)(b) of this section to object in the    416          

manner described in division (D)(3)(a) of this section.            417          

      (2)(a)  If, despite making a good faith effort, and despite  419          

using reasonable diligence, to notify the appropriate individual   420          

or individuals described in division (D)(1)(b) of this section,    421          

the attending physician cannot notify the individual or            422          

individuals of the determinations and health care decision         423          

because the individual or individuals are deceased, cannot be      424          

located, or cannot be notified for some other reason, the          425          

requirements of divisions (D)(1)(b), (c), and (d) of this section  426          

and, except as provided in division (D)(3)(b) of this section,     427          

the provisions of divisions (D)(3) to (6) of this section shall    428          

not apply in connection with the principal.  However, the          429          

attending physician shall record in the principal's medical        430          

record information pertaining to the reason for the failure to     431          

provide the requisite notices and information pertaining to the    432          

nature of the good faith effort and reasonable diligence used.     433          

      (b)  The requirements of divisions (D)(1)(b), (c), and (d)   435          

of this section and, except as provided in division (D)(3)(b) of   436          

this section, the provisions of divisions (D)(3) to (6) of this    437          

section shall not apply in connection with the principal if only   438          

one individual would have to be notified pursuant to division      439          

(D)(1)(b) of this section and that individual is the attorney in   440          

fact under the durable power of attorney for health care.          441          

However, the attending physician of the principal shall record in  442          

the principal's medical record information indicating that no      443          

notice was given pursuant to division (D)(1)(b) of this section    444          

because of the provisions of division (D)(2)(b) of this section.   445          

      (3)(a)  Within forty-eight hours after receipt of a notice   447          

pursuant to division (D)(1) of this section, any individual so     448          

notified shall advise the attending physician of the principal     449          

                                                          12     

                                                                 
whether the individual objects on a basis specified in division    451          

(D)(4)(c) of this section.  If an objection as described in that   452          

division is communicated to the attending physician, then, within  453          

two business days after the communication, the individual shall    454          

file a complaint as described in division (D)(4) of this section   455          

in the probate court of the county in which the principal is       456          

located.  If the individual fails to so file a complaint, the      457          

individual's objections as described in division (D)(4)(c) of      459          

this section shall be considered to be void.                       460          

      (b)  Within forty-eight hours after the priority individual  462          

or any member of a priority class of individuals receives a        463          

notice pursuant to division (D)(1) of this section or within       464          

forty-eight hours after information pertaining to an unnotified    465          

priority individual or unnotified priority class of individuals    466          

is recorded in a principal's medical record pursuant to division   467          

(D)(2)(a) or (b) of this section, the individual or a majority of  468          

the individuals in the next class of individuals that pertains to  469          

the principal in the descending order of priority set forth in     470          

divisions (D)(1)(b)(i) to (v) of this section shall advise the     471          

attending physician of the principal whether the individual or     473          

majority object on a basis specified in division (D)(4)(c) of      474          

this section.  If an objection as described in that division is    475          

communicated to the attending physician, then, within two          476          

business days after the communication, the objecting individual    477          

or majority shall file a complaint as described in division        478          

(D)(4) of this section in the probate court of the county in       479          

which the principal is located.  If the objecting individual or    480          

majority fails to file a complaint, the objections as described    481          

in division (D)(4)(c) of this section shall be considered to be    482          

void.                                                                           

      (4)  A complaint of an individual that is filed in           484          

accordance with division (D)(3)(a) of this section or of an        485          

individual or majority of individuals that is filed in accordance  486          

with division (D)(3)(b) of this section shall satisfy all of the   487          

                                                          13     

                                                                 
following:                                                         488          

      (a)  Name any health care facility in which the principal    490          

is confined;                                                       491          

      (b)  Name the principal, the principal's attending           493          

physician, and the consulting physician associated with the        495          

determination that the principal is in a terminal condition or in  496          

a permanently unconscious state;                                   497          

      (c)  Indicate whether the plaintiff or plaintiffs object on  499          

one or more of the following bases:                                500          

      (i)  To the attending physician's determination that the     502          

principal has lost the capacity to make informed health care       503          

decisions for the principal;                                       504          

      (ii)  To the attending physician's determination that there  506          

is no reasonable possibility that the principal will regain the    507          

capacity to make informed health care decisions for the            508          

principal;                                                         509          

      (iii)  That, in exercising the attorney in fact's            511          

authority, the attorney in fact is not acting consistently with    513          

the desires of the principal or, if the desires of the principal   514          

are unknown, in the best interest of the principal;                515          

      (iv)  That the durable power of attorney for health care     517          

has expired or otherwise is no longer effective;                   518          

      (v)  To the attending physician's and consulting             520          

physician's determinations that the principal is in a terminal     521          

condition or in a permanently unconscious state;                   522          

      (vi)  That the attorney in fact's health care decision       524          

pertaining to the use or continuation, or the withholding or       525          

withdrawal, of life-sustaining treatment is not authorized by the  526          

durable power of attorney for health care or is prohibited under   527          

section 1337.13 of the Revised Code;                               528          

      (vii)  That the durable power of attorney for health care    530          

was executed when the principal was not of sound mind or was       531          

under or subject to duress, fraud, or undue influence;             532          

      (viii)  That the durable power of attorney for health care   534          

                                                          14     

                                                                 
otherwise does not substantially comply with section 1337.12 of    535          

the Revised Code.                                                  536          

      (d)  Request the probate court to issue one or more of the   538          

following types of orders:                                         539          

      (i)  An order to the attending physician to reevaluate, in   541          

light of the court proceedings, the determination that the         542          

principal has lost the capacity to make informed health care       543          

decisions for the principal, the determination that the principal  545          

is in a terminal condition or in a permanently unconscious state,  546          

or the determination that there is no reasonable possibility that  547          

the principal will regain the capacity to make informed health     548          

care decisions for the principal;                                  549          

      (ii)  An order to the attorney in fact to act consistently   551          

with the desires of the principal or, if the desires of the        552          

principal are unknown, in the best interest of the principal in    553          

exercising the attorney in fact's authority, or to make only       554          

health care decisions pertaining to life-sustaining treatment      556          

that are authorized by the durable power of attorney for health    557          

care and that are not prohibited under section 1337.13 of the      558          

Revised Code;                                                                   

      (iii)  An order invalidating the durable power of attorney   560          

for health care because it has expired or otherwise is no longer   561          

effective, it was executed when the principal was not of sound     562          

mind or was under or subject to duress, fraud, or undue            563          

influence, or it otherwise does not substantially comply with      564          

section 1337.12 of the Revised Code.                               565          

      (e)  Be accompanied by an affidavit of the plaintiff or      567          

plaintiffs that includes averments relative to whether the         568          

plaintiff is an individual or the plaintiffs are individuals as    570          

described in division (D)(1)(b)(i), (ii), (iii), (iv), or (v) of   572          

this section and to the factual basis for the plaintiff's or the   573          

plaintiffs' objections;                                            574          

      (f)  Name any individuals who were notified by the           576          

attending physician in accordance with division (D)(1)(b) of this  577          

                                                          15     

                                                                 
section and who are not joining in the complaint as plaintiffs;    578          

      (g)  Name, in the caption of the complaint, as defendants    580          

the attending physician of the principal, the attorney in fact     581          

under the durable power of attorney for health care, the           582          

consulting physician associated with the determination that the    583          

principal is in a terminal condition or in a permanently           584          

unconscious state, any health care facility in which the           585          

principal is confined, and any individuals who were notified by    586          

the attending physician in accordance with division (D)(1)(b) of   587          

this section and who are not joining in the complaint as           588          

plaintiffs.                                                        589          

      (5)  Notwithstanding any contrary provision of the Revised   591          

Code or of the Rules of Civil Procedure, the state and persons     592          

other than an objecting individual as described in division        593          

(D)(3)(a) of this section, other than an objecting individual or   594          

majority of individuals as described in division (D)(3)(b) of      595          

this section, and other than persons described in division         596          

(D)(4)(g) of this section are prohibited from commencing a civil   597          

action under division (D) of this section and from joining or      598          

being joined as parties to an action commenced under division (D)  599          

of this section, including joining by way of intervention.         600          

      (6)(a)  A probate court in which a complaint as described    602          

in division (D)(4) of this section is filed within the period      603          

specified in division (D)(3)(a) or (b) of this section shall       604          

conduct a hearing on the complaint after a copy of it and a        605          

notice of the hearing have been served upon the defendants.  The   606          

clerk of the probate court in which the complaint is filed shall   607          

cause the complaint and the notice of the hearing to be so served  608          

in accordance with the Rules of Civil Procedure, which service     609          

shall be made, if possible, within three days after the filing of  610          

the complaint.  The hearing shall be conducted at the earliest     611          

possible time, but no later than the third business day after      612          

such service has been completed.  Immediately following the        613          

hearing, the court shall enter on its journal its determination    614          

                                                          16     

                                                                 
whether a requested order will be issued.                          615          

      (b)  If the health care decision of the attorney in fact     617          

authorized the use or continuation of life-sustaining treatment    618          

and if the plaintiff or plaintiffs requested a reevaluation order  619          

to the attending physician of the principal or an order to the     620          

attorney in fact as described in division (D)(4)(d)(i) or (ii) of  621          

this section, the court shall issue the requested order only if    622          

it finds that the plaintiff or plaintiffs have established a       623          

factual basis for the objection or objections involved by clear    624          

and convincing evidence and, if applicable, to a reasonable        625          

degree of medical certainty and in accordance with reasonable      626          

medical standards.                                                 627          

      (c)  If the health care decision of the attorney in fact     629          

authorized the withholding or withdrawal of life-sustaining        630          

treatment and if the plaintiff or plaintiffs requested a           631          

reevaluation order to the attending physician of the principal or  632          

an order to the attorney in fact as described in division          633          

(D)(4)(d)(i) or (ii) of this section, the court shall issue the    634          

requested order only if it finds that the plaintiff or plaintiffs  635          

have established a factual basis for the objection or objections   636          

involved by a preponderance of the evidence and, if applicable,    637          

to a reasonable degree of medical certainty and in accordance      638          

with reasonable medical standards.                                 639          

      (d)  If the plaintiff or plaintiffs requested an             641          

invalidation order as described in division (D)(4)(d)(iii) of      642          

this section, the court shall issue the order only if it finds     643          

that the plaintiff or plaintiffs have established a factual basis  644          

for the objection or objections involved by clear and convincing   645          

evidence.                                                          646          

      (e)  If the court issues a reevaluation order to the         648          

principal's attending physician pursuant to division (D)(6)(b) or  649          

(c) of this section, the attending physician shall make the        650          

requisite reevaluation.  If, after doing so, the attending         651          

physician again determines that the principal has lost the         652          

                                                          17     

                                                                 
capacity to make informed health care decisions for the            653          

principal, that the principal is in a terminal condition or in a   655          

permanently unconscious state, or that there is no reasonable      656          

possibility that the principal will regain the capacity to make    657          

informed health care decisions for the principal, the attending    658          

physician shall notify the court in writing of the determination   661          

and comply with division (B)(2) of this section.                   662          

      (E)(1)  In connection with the provision of comfort care in  664          

a manner consistent with divisions (C) and (E) of section 1337.13  665          

of the Revised Code to a principal who is in a terminal condition  666          

or in a permanently unconscious state, nothing in sections         667          

1337.11 to 1337.17 of the Revised Code precludes the attending     668          

physician of the principal who carries out the responsibility to                

provide comfort care to the principal in good faith and while      669          

acting within the scope of the attending physician's authority     670          

from prescribing, dispensing, administering, or causing to be      672          

administered any particular medical procedure, treatment,                       

intervention, or other measure to the principal, including, but    673          

not limited to, prescribing, dispensing PERSONALLY FURNISHING,     674          

administering, or causing to be administered by judicious          676          

titration or in another manner any form of medication, for the                  

purpose of diminishing the principal's pain or discomfort and not  678          

for the purpose of postponing or causing the principal's death,    680          

even though the medical procedure, treatment, intervention, or     682          

other measure may appear to hasten or increase the risk of the     683          

principal's death.  In connection with the provision of comfort                 

care in a manner consistent with divisions (C) and (E) of section  684          

1337.13 of the Revised Code to a principal who is in a terminal    685          

condition or in a permanently unconscious state, nothing in        686          

sections 1337.11 to 1337.17 of the Revised Code precludes health   687          

care personnel acting under the direction of the principal's                    

attending physician who carry out the responsibility to provide    688          

comfort care to the principal in good faith and while acting       689          

within the scope of their authority from dispensing,               690          

                                                          18     

                                                                 
administering, or causing to be administered any particular        691          

medical procedure, treatment, intervention, or other measure to                 

the principal, including, but not limited to, dispensing           692          

PERSONALLY FURNISHING, administering, or causing to be             694          

administered by judicious titration or in another manner any form  695          

of medication, for the purpose of diminishing the principal's      696          

pain or discomfort and not for the purpose of postponing or        697          

causing the principal's death, even though the medical procedure,  699          

treatment, intervention, or other measure may appear to hasten or  700          

increase the risk of the principal's death.                                     

      (2)  If, at any time, a priority individual or any member    702          

of a priority class of individuals under division (D)(1)(b) of     703          

this section or if, at any time, the individual or a majority of   705          

the individuals in the next class of individuals that pertains to  706          

the principal in the descending order of priority set forth in     707          

that division, believes in good faith that both of the following   708          

circumstances apply, the priority individual, the member of the    710          

priority class of individuals, or the individual or majority of    711          

individuals in the next class of individuals that pertains to the  712          

principal may commence an action in the probate court of the                    

county in which a principal who is in a terminal condition or      713          

permanently unconscious state is located for the issuance of an    714          

order mandating the use or continuation of comfort care in         715          

connection with the principal in a manner that is consistent with  716          

sections 1337.11 to 1337.17 of the Revised Code:                   717          

      (a)  Comfort care is not being used or continued in          719          

connection with the principal.                                     720          

      (b)  The withholding or withdrawal of the comfort care is    722          

contrary to sections 1337.11 to 1337.17 of the Revised Code.       723          

      (F)  Except as provided in divisions (D) and (E) of this     725          

section in connection with principals who are in a terminal        726          

condition or in a permanently unconscious state, sections 1337.11  727          

to 1337.17 of the Revised Code do not authorize the commencement   728          

of any civil action in a probate court or court of common pleas    730          

                                                          19     

                                                                 
for the purpose of obtaining an order relative to a health care    731          

decision made by an attorney in fact under a durable power of      732          

attorney for health care.                                          733          

      (G)  A durable power of attorney for health care, or other   735          

document, that is similar to a durable power of attorney for       736          

health care authorized by sections 1337.11 to 1337.17 of the       737          

Revised Code, that is or has been executed under the law of        738          

another state prior to, on, or after October 10, 1991, and that    739          

substantially complies with that law or with sections 1337.11 to   741          

1337.17 of the Revised Code shall be considered to be valid for    742          

purposes of those sections.                                                     

      Sec. 2133.11.  (A)  Subject to division (D) of this          751          

section, an attending physician, consulting physician, health      752          

care facility, and health care personnel acting under the          753          

direction of an attending physician are not subject to criminal    754          

prosecution, are not liable in damages in a tort or other civil    755          

action, and are not subject to professional disciplinary action    756          

for any of the following:                                          757          

      (1)  Giving effect to a declaration, if the physician,       759          

facility, or personnel gives effect to the declaration in good     760          

faith and does not have actual knowledge that the declaration has  761          

been revoked or does not substantially comply with this chapter;   762          

      (2)  Giving effect to a consent under the circumstances      764          

described in section 2133.08 of the Revised Code, if the           765          

physician, facility, or personnel gives effect to the consent in   766          

good faith and does not have actual knowledge that the consent is  767          

invalid under that section and if a probate court has not issued   768          

an order reversing the consent pursuant to division (E) of that    769          

section;                                                           770          

      (3)  Giving effect to a consent under the circumstances      772          

described in section 2133.09 of the Revised Code, if the           773          

physician, facility, or personnel gives effect to the consent in   774          

good faith and does not have actual knowledge that the consent is  775          

invalid under that section and if the appropriate probate court    776          

                                                          20     

                                                                 
has issued an order authorizing the withholding or withdrawal of   777          

nutrition and hydration in connection with the patient in          778          

question;                                                          779          

      (4)  Refusing to or not being able to comply or allow        781          

compliance with a declaration of a qualified patient, with a       782          

consent given in accordance with section 2133.08 or 2133.09 of     783          

the Revised Code, with a probate court order issued pursuant to    784          

section 2133.05, 2133.08, or 2133.09 of the Revised Code, or with  785          

another applicable provision of this chapter, if the refusal or    786          

inability to comply or allow compliance is in good faith,          787          

provided that, in the case of an attending physician or health     788          

care facility, whichever of the following apply are satisfied:     789          

      (a)  The attending physician or health care facility does    791          

not prevent or attempt to prevent, or unreasonably delay or        792          

attempt to unreasonably delay, the transfer of the qualified       793          

patient or other patient to the care of a physician who, or a      794          

health care facility that, is willing and able to so comply or     795          

allow compliance.                                                  796          

      (b)  If the declaration of the qualified patient provided    798          

for the use or continuation of life-sustaining treatment should    799          

the declarant subsequently be in a terminal condition or in a      800          

permanently unconscious state, if the consent decision of a        801          

priority individual or class of individuals under section 2133.08  802          

of the Revised Code was to use or continue life-sustaining         803          

treatment in connection with the patient described in that         804          

section, or if the probate court issued a reevaluation order       805          

pursuant to section 2133.05 or 2133.08 of the Revised Code that    806          

was intended to result in the use or continuation of               807          

life-sustaining treatment in connection with the qualified         808          

patient or other patient, the attending physician or health care   810          

facility used or continued the life-sustaining treatment or                     

caused it to be used or continued until a transfer as described    811          

in division (A)(4)(a) of this section was made.                    812          

      (5)  Making determinations other than those described in     814          

                                                          21     

                                                                 
division (B) of this section, or otherwise acting under this       815          

chapter, if the determinations or other actions are made in good   816          

faith and in accordance with reasonable medical standards;         817          

      (6)  Prescribing, dispensing, administering, or causing to   819          

be administered any particular medical procedure, treatment,       820          

intervention, or other measure to a qualified patient or other     821          

patient, including, but not limited to, prescribing, dispensing    822          

PERSONALLY FURNISHING, administering, or causing to be             823          

administered by judicious titration or in another manner any form  824          

of medication, for the purpose of diminishing his THE QUALIFIED    825          

PATIENT'S OR OTHER PATIENT'S pain or discomfort and not for the    826          

purpose of postponing or causing his THE QUALIFIED PATIENT'S OR    827          

OTHER PATIENT'S death, even though the medical procedure,          828          

treatment, intervention, or other measure may appear to hasten or  829          

increase the risk of the patient's death, if the attending         830          

physician so prescribing, dispensing, administering, or causing    831          

to be administered or the health care personnel acting under the   832          

direction of the attending physician so dispensing,                             

administering, or causing to be administered are carrying out in   833          

good faith the responsibility to provide comfort care described    834          

in division (E)(1) of section 2133.12 of the Revised Code.         835          

      (B)  Subject to division (D) of this section, an attending   837          

or consulting physician is not subject to criminal prosecution,    838          

is not liable in damages in a tort or other civil action, and is   839          

not subject to professional disciplinary action if the physician   840          

makes any of the following determinations in good faith, to a      841          

reasonable degree of medical certainty, and in accordance with     842          

reasonable medical standards:                                      843          

      (1)  A determination that a declarant or a patient as        845          

described in section 2133.08 of the Revised Code is in a terminal  846          

condition;                                                         847          

      (2)  A determination that a declarant is in a permanently    849          

unconscious state;                                                 850          

      (3)  A determination that a patient as described in section  852          

                                                          22     

                                                                 
2133.08 of the Revised Code currently is and for at least the      853          

immediately preceding twelve months has been in a permanently      854          

unconscious state;                                                 855          

      (4)  A determination that a declarant or a patient as        857          

described in section 2133.08 of the Revised Code no longer is      858          

able to make informed decisions regarding the administration of    859          

life-sustaining treatment;                                         860          

      (5)  A determination that there is no reasonable             862          

possibility that a declarant or a patient as described in section  863          

2133.08 of the Revised Code will regain the capacity to make       864          

informed decisions regarding the administration of                 865          

life-sustaining treatment;                                         866          

      (6)  A determination that nutrition or hydration will not    868          

or no longer will provide comfort or alleviate pain in connection  869          

with a patient as described in section 2133.09 of the Revised      870          

Code.                                                              871          

      (C)(1)  Subject to division (D) of this section, an          873          

individual who is authorized to give a consent to the use or       874          

continuation, or the withholding or withdrawal, of                 875          

life-sustaining treatment under division (B) of section 2133.08    876          

of the Revised Code and who makes his THE decision in good faith   877          

is not subject to criminal prosecution, is not liable in damages   879          

in a tort or other civil action, and is not subject to             880          

professional disciplinary action in connection with that           881          

decision.                                                                       

      (2)  Subject to division (D) of this section, an individual  883          

who is authorized to give a consent to the withholding or          884          

withdrawal of nutrition and hydration in connection with a         885          

patient under division (A)(4) of section 2133.09 of the Revised    886          

Code and who gives the consent in good faith is not subject to     887          

criminal prosecution, is not liable in damages in a tort or other  888          

civil action, and is not subject to professional disciplinary      889          

action in connection with that consent.                            890          

      (D)  This section does not grant an immunity from criminal   893          

                                                          23     

                                                                 
or civil liability or from professional disciplinary action to     894          

health care personnel for actions that are outside the scope of    895          

their authority.                                                   896          

      Sec. 2133.12.  (A)  The death of a qualified patient or      905          

other patient resulting from the withholding or withdrawal of      906          

life-sustaining treatment in accordance with this chapter does     907          

not constitute a suicide, aggravated murder, murder, or any other  908          

homicide offense for any purpose.                                  909          

      (B)(1)  The execution of a declaration shall not do either   911          

of the following:                                                  912          

      (a)  Affect the sale, procurement, issuance, or renewal of   914          

any policy of life insurance or annuity, notwithstanding any term  915          

of a policy or annuity to the contrary;                            916          

      (b)  Be deemed to modify or invalidate the terms of any      918          

policy of life insurance or annuity that is in effect on October   919          

10, 1991.                                                          920          

      (2)  Notwithstanding any term of a policy of life insurance  922          

or annuity to the contrary, the withholding or withdrawal of       923          

life-sustaining treatment from an insured, qualified patient or    924          

other patient in accordance with this chapter shall not impair or  925          

invalidate any policy of life insurance or annuity.                926          

      (3)  Notwithstanding any term of a policy or plan to the     928          

contrary, the use or continuation, or the withholding or           929          

withdrawal, of life-sustaining treatment from an insured,          930          

qualified patient or other patient in accordance with this         931          

chapter shall not impair or invalidate any policy of health        932          

insurance or any health care benefit plan.                         933          

      (4)  No physician, health care facility, other health care   935          

provider, person authorized to engage in the business of           936          

insurance in this state under Title XXXIX of the Revised Code,     937          

health insuring corporation, other health care plan, legal entity  940          

that is self-insured and provides benefits to its employees or     941          

members, or other person shall require any individual to execute   942          

or refrain from executing a declaration, or shall require an       943          

                                                          24     

                                                                 
individual to revoke or refrain from revoking a declaration, as a  944          

condition of being insured or of receiving health care benefits    945          

or services.                                                       946          

      (C)(1)  This chapter does not create any presumption         948          

concerning the intention of an individual who has revoked or has   949          

not executed a declaration with respect to the use or              950          

continuation, or the withholding or withdrawal, of                 951          

life-sustaining treatment if the individual should be in a         952          

terminal condition or in a permanently unconscious state at any    953          

time.                                                                           

      (2)  This chapter does not affect the right of a qualified   955          

patient or other patient to make informed decisions regarding the  956          

use or continuation, or the withholding or withdrawal, of          957          

life-sustaining treatment as long as the qualified patient or      958          

other patient is able to make those decisions.                     961          

      (3)  This chapter does not require a physician, other        963          

health care personnel, or a health care facility to take action    964          

that is contrary to reasonable medical standards.                  965          

      (4)  This chapter and, if applicable, a declaration do not   967          

affect or limit the authority of a physician or a health care      968          

facility to provide or not to provide life-sustaining treatment    969          

to a person in accordance with reasonable medical standards        970          

applicable in an emergency situation.                              971          

      (D)  Nothing in this chapter condones, authorizes, or        973          

approves of mercy killing, assisted suicide, or euthanasia.        974          

      (E)(1)  This chapter does not affect the responsibility of   976          

the attending physician of a qualified patient or other patient,   977          

or other health care personnel acting under the direction of the   978          

patient's attending physician, to provide comfort care to the      979          

patient.  Nothing in this chapter precludes the attending          980          

physician of a qualified patient or other patient who carries out  981          

the responsibility to provide comfort care to the patient in good  982          

faith and while acting within the scope of the attending           983          

physician's authority from prescribing, dispensing,                986          

                                                          25     

                                                                 
administering, or causing to be administered any particular        988          

medical procedure, treatment, intervention, or other measure to    989          

the patient, including, but not limited to, prescribing,           990          

dispensing PERSONALLY FURNISHING, administering, or causing to be  993          

administered by judicious titration or in another manner any form  994          

of medication, for the purpose of diminishing the qualified        995          

patient's or other patient's pain or discomfort and not for the                 

purpose of postponing or causing the qualified patient's or other  997          

patient's death, even though the medical procedure, treatment,     999          

intervention, or other measure may appear to hasten or increase    1,000        

the risk of the patient's death.  Nothing in this chapter          1,001        

precludes health care personnel acting under the direction of the  1,002        

patient's attending physician who carry out the responsibility to  1,003        

provide comfort care to the patient in good faith and while        1,004        

acting within the scope of their authority from dispensing,        1,005        

administering, or causing to be administered any particular        1,006        

medical procedure, treatment, intervention, or other measure to    1,007        

the patient, including, but not limited to, dispensing PERSONALLY  1,008        

FURNISHING, administering, or causing to be administered by        1,010        

judicious titration or in another manner any form of medication,   1,011        

for the purpose of diminishing the qualified patient's or other    1,012        

patient's pain or discomfort and not for the purpose of            1,014        

postponing or causing the qualified patient's or other patient's   1,015        

death, even though the medical procedure, treatment,               1,016        

intervention, or other measure may appear to hasten or increase    1,017        

the risk of the patient's death.                                                

      (2)(a)  If, at any time, a person described in division      1,019        

(A)(2)(a)(i) of section 2133.05 of the Revised Code or the         1,020        

individual or a majority of the individuals in either of the       1,021        

first two classes of individuals that pertain to a declarant in    1,022        

the descending order of priority set forth in division             1,023        

(A)(2)(a)(ii) of section 2133.05 of the Revised Code believes in   1,024        

good faith that both of the following circumstances apply, the     1,025        

person or the individual or majority of individuals in either of   1,026        

                                                          26     

                                                                 
the first two classes of individuals may commence an action in     1,027        

the probate court of the county in which a declarant who is in a   1,028        

terminal condition or permanently unconscious state is located     1,029        

for the issuance of an order mandating the use or continuation of  1,030        

comfort care in connection with the declarant in a manner that is  1,031        

consistent with division (E)(1) of this section:                   1,032        

      (i)  Comfort care is not being used or continued in          1,034        

connection with the declarant.                                     1,035        

      (ii)  The withholding or withdrawal of the comfort care is   1,037        

contrary to division (E)(1) of this section.                       1,038        

      (b)  If a declarant did not designate in the declarant's     1,040        

declaration a person as described in division (A)(2)(a)(i) of      1,041        

section 2133.05 of the Revised Code and if, at any time, a         1,042        

priority individual or any member of a priority class of           1,043        

individuals under division (A)(2)(a)(ii) of section 2133.05 of     1,044        

the Revised Code or, at any time, the individual or a majority of  1,045        

the individuals in the next class of individuals that pertains to  1,046        

the declarant in the descending order of priority set forth in     1,047        

that division believes in good faith that both of the following    1,048        

circumstances apply, the priority individual, the member of the    1,049        

priority class of individuals, or the individual or majority of    1,050        

individuals in the next class of individuals that pertains to the  1,051        

declarant may commence an action in the probate court of the       1,052        

county in which a declarant who is in a terminal condition or      1,053        

permanently unconscious state is located for the issuance of an    1,054        

order mandating the use or continuation of comfort care in         1,055        

connection with the declarant in a manner that is consistent with  1,056        

division (E)(1) of this section:                                   1,057        

      (i)  Comfort care is not being used or continued in          1,059        

connection with the declarant.                                     1,060        

      (ii)  The withholding or withdrawal of the comfort care is   1,062        

contrary to division (E)(1) of this section.                       1,063        

      (c)  If, at any time, a priority individual or any member    1,065        

of a priority class of individuals under division (B) of section   1,066        

                                                          27     

                                                                 
2133.08 of the Revised Code or, at any time, the individual or a   1,067        

majority of the individuals in the next class of individuals that  1,068        

pertains to the patient in the descending order of priority set    1,069        

forth in that division believes in good faith that both of the     1,070        

following circumstances apply, the priority individual, the        1,071        

member of the priority class of individuals, or the individual or  1,072        

majority of individuals in the next class of individuals that      1,073        

pertains to the patient may commence an action in the probate      1,074        

court of the county in which a patient as described in division    1,075        

(A) of section 2133.08 of the Revised Code is located for the      1,076        

issuance of an order mandating the use or continuation of comfort  1,077        

care in connection with the patient in a manner that is            1,078        

consistent with division (E)(1) of this section:                   1,079        

      (i)  Comfort care is not being used or continued in          1,081        

connection with the patient.                                       1,082        

      (ii)  The withholding or withdrawal of the comfort care is   1,084        

contrary to division (E)(1) of this section.                       1,085        

      Sec. 2305.234.  (A)  As used in this section:                1,094        

      (1)  "Chiropractic claim," "medical claim," and "optometric  1,096        

claim" have the same meanings as in section 2305.11 of the         1,097        

Revised Code.                                                      1,098        

      (2)  "Dental claim" has the same meaning as in section       1,100        

2305.11 of the Revised Code except that it does not include any    1,101        

claim arising out of a dental operation or any derivative claim    1,102        

for relief that arises out of a dental operation.                  1,103        

      (3)  "Governmental health care program" has the same         1,105        

meaning as in section 4731.65 of the Revised Code.                 1,107        

      (4)  "Health care professional" means any of the following   1,109        

who provide medical, dental, or other health-related diagnosis,    1,111        

care, or treatment:                                                             

      (a)  Physicians authorized under Chapter 4731. of the        1,113        

Revised Code to practice medicine and surgery or osteopathic       1,114        

medicine and surgery;                                                           

      (b)  Registered nurses and licensed practical nurses         1,116        

                                                          28     

                                                                 
licensed under Chapter 4723. of the Revised Code;                  1,117        

      (c)  Physician assistants authorized to practice under       1,119        

Chapter 4730. of the Revised Code;                                 1,120        

      (d)  Dentists and dental hygienists licensed under Chapter   1,122        

4715. of the Revised Code;                                         1,123        

      (e)  Physical therapists licensed under Chapter 4755. of     1,125        

the Revised Code;                                                  1,126        

      (f)  Chiropractors licensed under Chapter 4734. of the       1,128        

Revised Code;                                                                   

      (g)  Optometrists licensed under Chapter 4725. of the        1,130        

Revised Code;                                                                   

      (h)  Podiatrists authorized under Chapter 4731. of the       1,132        

Revised Code to practice podiatry;                                 1,133        

      (i)  Dietitians licensed under Chapter 4759. of the Revised  1,135        

Code;                                                              1,136        

      (j)  Pharmacists registered LICENSED under Chapter 4729. of  1,138        

the Revised Code.                                                  1,139        

      (5)  "Health care worker" means a person other than a        1,141        

health care professional who provides medical, dental, or other    1,142        

health-related care or treatment under the direction of a health   1,143        

care professional with the authority to direct that individual's   1,144        

activities, including medical technicians, medical assistants,     1,145        

dental assistants, orderlies, aides, and individuals acting in     1,146        

similar capacities.                                                             

      (6)  "Indigent and uninsured person" means a person who      1,148        

meets all of the following requirements:                           1,149        

      (a)  The person's income is not greater than one hundred     1,151        

fifty per cent of the current poverty line as defined by the       1,152        

United States office of management and budget and revised in       1,153        

accordance with section 673(2) of the "Omnibus Budget              1,154        

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

amended.                                                           1,155        

      (b)  The person is not eligible to receive medical           1,157        

assistance under Chapter 5111., disability assistance medical      1,158        

                                                          29     

                                                                 
assistance under Chapter 5115. of the Revised Code, or assistance  1,159        

under any other governmental health care program;                  1,160        

      (c)  Either of the following applies:                        1,162        

      (i)  The person is not a policyholder, certificate holder,   1,165        

insured, contract holder, subscriber, enrollee, member,                         

beneficiary, or other covered individual under a health insurance  1,166        

or health care policy, contract, or plan;                          1,167        

      (ii)  The person is a policyholder, certificate holder,      1,169        

insured, contract holder, subscriber, enrollee, member,            1,170        

beneficiary, or other covered individual under a health insurance  1,171        

or health care policy, contract, or plan, but the insurer,         1,172        

policy, contract, or plan denies coverage or is the subject of     1,173        

insolvency or bankruptcy proceedings in any jurisdiction.          1,174        

      (7)  "Operation" means any procedure that involves cutting   1,176        

or otherwise infiltrating human tissue by mechanical means,        1,177        

including surgery, laser surgery, ionizing radiation, therapeutic  1,178        

ultrasound, or the removal of intraocular foreign bodies.          1,179        

"Operation" does not include the administration of medication by   1,180        

injection, unless the injection is administered in conjunction     1,181        

with a procedure infiltrating human tissue by mechanical means                  

other than the administration of medicine by injection.            1,182        

      (8)  "Nonprofit shelter or health care facility" means a     1,185        

charitable nonprofit corporation organized and operated pursuant   1,186        

to Chapter 1702. of the Revised Code, or any charitable            1,187        

organization not organized and not operated for profit, that       1,188        

provides shelter, health care services, or shelter and health      1,189        

care services to indigent and uninsured persons, except that       1,190        

"shelter or health care facility" does not include a hospital as   1,191        

defined in section 3727.01 of the Revised Code, a facility         1,192        

licensed under Chapter 3721. of the Revised Code, or a medical     1,193        

facility that is operated for profit.                                           

      (9)  "Tort action" means a civil action for damages for      1,196        

injury, death, or loss to person or property other than a civil    1,197        

action for damages for a breach of contract or another agreement   1,198        

                                                          30     

                                                                 
between persons or government entities.                                         

      (10)  "Volunteer" means an individual who provides any       1,200        

medical, dental, or other health-care related diagnosis, care, or  1,201        

treatment without the expectation of receiving and without         1,202        

receipt of any compensation or other form of remuneration from an  1,203        

indigent and uninsured person, another person on behalf of an      1,204        

indigent and uninsured person, any shelter or health care          1,205        

facility, or any other person or government entity.                             

      (B)(1)  Subject to divisions (E) and (F)(3) of this          1,207        

section, a health care professional who is a volunteer and         1,208        

complies with division (B)(2) of this section is not liable in     1,209        

damages to any person or government entity in a tort or other      1,210        

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

chiropractic, optometric, or other health-related claim, for       1,211        

injury, death, or loss to person or property that allegedly        1,212        

arises from an action or omission of the volunteer in the          1,213        

provision at a nonprofit shelter or health care facility to an     1,214        

indigent and uninsured person of medical, dental, or other                      

health-related diagnosis, care, or treatment, including the        1,216        

provision of samples of medicine and other medical products,       1,217        

unless the action or omission constitutes willful or wanton                     

misconduct.                                                        1,218        

      (2)  To qualify for the immunity described in division       1,220        

(B)(1) of this section, a health care professional shall do all    1,222        

of the following prior to providing diagnosis, care, or                         

treatment:                                                                      

      (a)  Determine, in good faith, that the indigent and         1,224        

uninsured person is mentally capable of giving informed consent    1,225        

to the provision of the diagnosis, care, or treatment and is not   1,227        

subject to duress or under undue influence;                                     

      (b)  Inform the person of the provisions of this section;    1,229        

      (c)  Obtain the informed consent of the person and a         1,231        

written waiver, signed by the person or by another individual on   1,233        

behalf of and in the presence of the person, that states that the  1,234        

                                                          31     

                                                                 
person is mentally competent to give informed consent and,                      

without being subject to duress or under undue influence, gives    1,235        

informed consent to the provision of the diagnosis, care, or       1,236        

treatment subject to the provisions of this section.               1,237        

      (3)  A physician or podiatrist who is not covered by         1,240        

medical malpractice insurance, but complies with division (B)(2)   1,241        

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

section 4731.143 of the Revised Code.                              1,242        

      (C)  Subject to divisions (E) and (F)(3) of this section,    1,244        

health care workers who are volunteers are not liable in damages   1,245        

to any person or government entity in a tort or other civil        1,246        

action, including an action upon a medical, dental, chiropractic,  1,247        

optometric, or other health-related claim, for injury, death, or   1,248        

loss to person or property that allegedly arises from an action    1,249        

or omission of the health care worker in the provision at a        1,250        

nonprofit shelter or health care facility to an indigent and                    

uninsured person of medical, dental, or other health-related       1,251        

diagnosis, care, or treatment, unless the action or omission       1,252        

constitutes willful or wanton misconduct.                          1,253        

      (D)  Subject to divisions (E) and (F)(3) of this section     1,255        

and section 3701.071 of the Revised Code, a nonprofit shelter or   1,256        

health care facility associated with a health care professional    1,257        

described in division (B)(1) of this section or a health care      1,258        

worker described in division (C) of this section is not liable in  1,260        

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

civil action, including an action on a medical, dental,            1,261        

chiropractic, optometric, or other health-related claim, for       1,263        

injury, death, or loss to person or property that allegedly        1,264        

arises from an action or omission of the health care professional  1,265        

or worker in providing for the shelter or facility medical,                     

dental, or other health-related diagnosis, care, or treatment to   1,266        

an indigent and uninsured person, unless the action or omission    1,267        

constitutes willful or wanton misconduct.                          1,268        

      (E)(1)  Except as provided in division (E)(2) of this        1,270        

                                                          32     

                                                                 
section, the immunities provided by divisions (B), (C), and (D)    1,272        

of this section are not available to an individual or to a         1,273        

nonprofit shelter or health care facility if, at the time of an    1,274        

alleged injury, death, or loss to person or property, the          1,275        

individuals involved are providing one of the following:           1,276        

      (a)  Any medical, dental, or other health-related            1,278        

diagnosis, care, or treatment pursuant to a community service      1,280        

work order entered by a court under division (H)(1) or (2) of      1,281        

section 2951.02 of the Revised Code as a condition of probation    1,282        

or other suspension of a term of imprisonment.                     1,283        

      (b)  Performance of an operation.                            1,285        

      (c)  Delivery of a baby.                                     1,287        

      (2)  Division (E)(1) of this section does not apply to an    1,289        

individual who provides, or a nonprofit shelter or health care     1,290        

facility at which the individual provides, diagnosis, care, or     1,291        

treatment that is necessary to preserve the life of a person in a  1,292        

medical emergency.                                                 1,293        

      (F)(1)  This section does not create a new cause of action   1,296        

or substantive legal right against a health care professional,                  

health care worker, or nonprofit shelter or health care facility.  1,298        

      (2)  This section does not affect any immunities from civil  1,301        

liability or defenses established by another section of the                     

Revised Code or available at common law to which an individual or  1,303        

a nonprofit shelter or health care facility may be entitled in     1,304        

connection with the provision of emergency or other diagnosis,     1,305        

care, or treatment.                                                1,306        

      (3)  This section does not grant an immunity from tort or    1,309        

other civil liability to an individual or a nonprofit shelter or                

health care facility for actions that are outside the scope of     1,310        

authority of health care professionals or health care workers.     1,311        

      (4)  This section does not affect any legal responsibility   1,313        

of a health care professional or health care worker to comply      1,314        

with any applicable law of this state or rule of an agency of      1,315        

this state.                                                        1,316        

                                                          33     

                                                                 
      (5)  This section does not affect any legal responsibility   1,319        

of a nonprofit shelter or health care facility to comply with any  1,320        

applicable law of this state, rule of an agency of this state, or  1,321        

local code, ordinance, or regulation that pertains to or           1,322        

regulates building, housing, air pollution, water pollution,                    

sanitation, health, fire, zoning, or safety.                       1,323        

      Sec. 2305.25.  (A)  No health care entity and no individual  1,333        

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      1,334        

following corporations shall be liable in damages to any person    1,335        

for any acts, omissions, decisions, or other conduct within the    1,336        

scope of the functions of the board, committee, or corporation:    1,337        

      (1)  A peer review committee of a hospital, a nonprofit      1,339        

health care corporation which is a member of the hospital or of    1,340        

which the hospital is a member, or a community mental health       1,341        

center;                                                            1,342        

      (2)  A board or committee of a hospital or of a nonprofit    1,345        

health care corporation which is a member of the hospital or of    1,346        

which the hospital is a member reviewing professional                           

qualifications or activities of the hospital medical staff or      1,347        

applicants for admission to the medical staff;                     1,348        

      (3)  A utilization committee of a state or local society     1,350        

composed of doctors of medicine or, doctors of osteopathic         1,351        

medicine and surgery, or doctors of podiatric medicine;            1,352        

      (4)  A peer review committee of nursing home providers or    1,354        

administrators, including a corporation engaged in performing the  1,356        

functions of a peer review committee of nursing home providers or  1,357        

administrators, or a corporation engaged in the functions of                    

another type of peer review or professional standards review       1,358        

committee;                                                         1,359        

      (5)  A peer review committee, professional standards review  1,361        

committee, or arbitration committee of a state or local society    1,362        

composed of doctors of medicine, doctors of osteopathic medicine   1,363        

and surgery, doctors of dentistry, doctors of optometry, doctors   1,364        

                                                          34     

                                                                 
of podiatric medicine, psychologists, or registered pharmacists;   1,365        

      (6)  A peer review committee of a health insuring            1,367        

corporation that has at least a two-thirds majority of member      1,369        

physicians in active practice and that conducts professional       1,370        

credentialing and quality review activities involving the          1,371        

competence or professional conduct of health care providers,       1,372        

which conduct adversely affects, or could adversely affect, the    1,373        

health or welfare of any patient.  For purposes of this division,  1,374        

"health insuring corporation" includes wholly owned subsidiaries   1,377        

of a health insuring corporation.                                  1,378        

      (7)  A peer review committee of any insurer authorized       1,380        

under Title XXXIX of the Revised Code to do the business of        1,381        

sickness and accident insurance in this state that has at least a  1,382        

two-thirds majority of physicians in active practice and that      1,383        

conducts professional credentialing and quality review activities  1,384        

involving the competence or professional conduct of health care    1,385        

providers, which conduct adversely affects, or could adversely     1,386        

affect, the health or welfare of any patient;                      1,387        

      (8)  A peer review committee of any insurer authorized       1,389        

under Title XXXIX of the Revised Code to do the business of        1,390        

sickness and accident insurance in this state that has at least a  1,391        

two-thirds majority of physicians in active practice and that      1,392        

conducts professional credentialing and quality review activities  1,393        

involving the competence or professional conduct of a health care  1,394        

facility that has contracted with the insurer to provide health    1,395        

care services to insureds, which conduct adversely affects, or     1,396        

could adversely affect, the health or welfare of any patient;      1,397        

      (9)  A peer review committee of an insurer authorized under  1,399        

Title XXXIX of the Revised Code to do the business of medical      1,400        

professional liability insurance in this state and that conducts   1,401        

professional quality review activities involving the competence    1,403        

or professional conduct of health care providers, which conduct    1,404        

adversely affects, or could affect, the health or welfare of any   1,405        

patient;                                                                        

                                                          35     

                                                                 
      (10)  A peer review committee of a health care entity.       1,407        

      (B)(1)  A hospital shall be presumed to not be negligent in  1,409        

the credentialing of a qualified person if the hospital proves by  1,410        

a preponderance of the evidence that at the time of the alleged    1,411        

negligent credentialing of the qualified person it was accredited  1,412        

by the joint commission on accreditation of health care            1,413        

organizations, the American osteopathic association, or the                     

national committee for quality assurance.                          1,414        

      (2)  The presumption that a hospital is not negligent as     1,416        

provided in division (B)(1) of this section may be rebutted only   1,417        

by proof, by a preponderance of the evidence, of any of the        1,418        

following:                                                                      

      (a)  The credentialing and review requirements of the        1,420        

accrediting organization did not apply to the hospital, the        1,421        

qualified person, or the type of professional care that is the     1,422        

basis of the claim against the hospital.                                        

      (b)  The hospital failed to comply with all material         1,424        

credentialing and review requirements of the accrediting           1,425        

organization that applied to the qualified person.                 1,426        

      (c)  The hospital, through its medical staff executive       1,428        

committee or its governing body and sufficiently in advance to     1,429        

take appropriate action, knew that a previously competent          1,430        

qualified person with staff privileges at the hospital had         1,431        

developed a pattern of incompetence that indicated that the        1,432        

qualified person's privileges should have been limited prior to    1,433        

treating the plaintiff at the hospital.                            1,434        

      (d)  The hospital, through its medical staff executive       1,436        

committee or its governing body and sufficiently in advance to     1,437        

take appropriate action, knew that a previously competent          1,438        

qualified person with staff privileges at the hospital would       1,439        

provide fraudulent medical treatment but failed to limit the       1,440        

qualified person's privileges prior to treating the plaintiff at   1,441        

the hospital.                                                      1,442        

      (3)  If the plaintiff fails to rebut the presumption         1,444        

                                                          36     

                                                                 
provided in division (B)(1) of this section, upon the motion of    1,445        

the hospital, the court shall enter judgment in favor of the       1,446        

hospital on the claim of negligent credentialing.                               

      (C)  Nothing in this section otherwise shall relieve any     1,448        

individual or health care entity from liability arising from       1,449        

treatment of a patient.  Nothing in this section shall be          1,450        

construed as creating an exception to section 2305.251 of the      1,451        

Revised Code.                                                                   

      (D)  No person who provides information under this section   1,453        

without malice and in the reasonable belief that the information   1,455        

is warranted by the facts known to the person shall be subject to  1,456        

suit for civil damages as a result of providing the information.   1,457        

      (E)  As used in this section:                                1,459        

      (1)  "Peer review committee" means a utilization review      1,461        

committee, quality assurance committee, quality improvement        1,462        

committee, tissue committee, credentialing committee, or other     1,463        

committee that conducts professional credentialing and quality     1,464        

review activities involving the competence or professional         1,465        

conduct of health care practitioners.                                           

      (2)  "Health care entity" means a government entity, a       1,467        

for-profit or nonprofit corporation, a limited liability company,  1,468        

a partnership, a professional corporation, a state or local        1,469        

society as described in division (A)(3) of this section, or other  1,470        

health care organization, including, but not limited to, health    1,471        

care entities described in division (A) of this section, whether   1,472        

acting on its own behalf or on behalf of or in affiliation with    1,473        

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

purpose, professional credentialing or quality review activities   1,474        

involving the competence or professional conduct of health care    1,475        

practitioners or providers.                                        1,476        

      (3)  "Hospital" means either of the following:               1,478        

      (a)  An institution that has been registered or licensed by  1,480        

the Ohio department of health as a hospital;                       1,481        

      (b)  An entity, other than an insurance company authorized   1,483        

                                                          37     

                                                                 
to do business in this state, that owns, controls, or is           1,484        

affiliated with an institution that has been registered or         1,486        

licensed by the Ohio department of health as a hospital.                        

      (4)  "Qualified person" means a member of the medical staff  1,488        

of a hospital or a person who has professional privileges at a     1,489        

hospital pursuant to section 3701.351 of the Revised Code.         1,490        

      (F)  This section shall be considered to be purely remedial  1,493        

in its operation and shall be applied in a remedial manner in any  1,494        

civil action in which this section is relevant, whether the civil  1,495        

action is pending in court or commenced on or after the effective  1,496        

date of this section, regardless of when the cause of action       1,497        

accrued and notwithstanding any other section of the Revised Code  1,499        

or prior rule of law of this state.                                             

      Sec. 2305.33.  (A)  As used in this section:                 1,508        

      (1)  "Bus" has the same meaning as in section 4511.78 of     1,510        

the Revised Code.                                                  1,511        

      (2)  "Business of public transportation" means a business    1,513        

that includes among its functions the transporting of passengers   1,514        

in interstate or intrastate commerce by aircraft, railroad train,  1,515        

school or other bus, taxicab, or other type of common carrier,     1,516        

whether or not a charge is imposed for the transportation.         1,517        

"Business of public transportation" includes, but is not limited   1,518        

to, an Ohio transit system.                                        1,519        

      (3)  "Civil action" means a tort or contract action for      1,521        

damages for harm.                                                  1,522        

      (4)  "Employee" means an individual who is employed by an    1,524        

employer to operate any aircraft, railroad train, school or other  1,525        

bus, taxicab, or other type of common carrier.                     1,526        

      (5)  "Employer" means a person that is engaged in the        1,528        

business of public transportation.                                 1,529        

      (6)  "Harm" means injury, death, or loss to person or        1,531        

property.                                                          1,532        

      (7)  "Ohio transit system" means a county transit system     1,534        

operated in accordance with sections 306.01 to 306.13 of the       1,535        

                                                          38     

                                                                 
Revised Code, a regional transit authority operated in accordance  1,536        

with sections 306.30 to 306.71 of the Revised Code, a regional     1,537        

transit commission operated in accordance with sections 306.80 to  1,538        

306.90 of the Revised Code, any municipally owned transportation   1,539        

system, and any mass transit company that operates exclusively     1,540        

within the territorial limits of a municipal corporation, or       1,541        

within the territorial limits of a municipal corporation and one   1,542        

or more municipal corporations immediately contiguous to that      1,543        

municipal corporation.                                             1,544        

      (8)  "Physician" means a person who is licensed pursuant to  1,546        

Chapter 4731. of the Revised Code to practice medicine or surgery  1,547        

or osteopathic medicine and surgery.                               1,548        

      (9)  "Prescription" has the same meaning as in section       1,550        

4729.02 4729.01 of the Revised Code.                               1,551        

      (10)  "School bus" has the same meaning as in section        1,553        

4511.01 of the Revised Code.                                       1,554        

      (11)  "Tort action" means a civil action for damages for     1,556        

injury, death, or loss to person or property, other than a civil   1,557        

action for damages for a breach of contract or another agreement   1,558        

between persons.  "Tort action" includes, but is not limited to,   1,559        

a civil action for damages against a physician on the ground of a  1,560        

breach of the confidentiality of the physician-patient             1,561        

relationship.                                                      1,562        

      (B)  A physician is not liable in damages in a civil action  1,564        

for harm that allegedly is incurred by an employee as a result of  1,565        

the physician reporting any of the following to the employer of    1,566        

the employee:                                                      1,567        

      (1)  The physician has determined that the employee is       1,569        

using a drug of abuse dispensed pursuant to a prescription and     1,570        

that the employee's use of the drug of abuse represents a          1,571        

potential risk of harm to passengers on any aircraft, railroad     1,572        

train, school or other bus, taxicab, or other type of common       1,573        

carrier operated by the employee;                                  1,574        

      (2)  The physician has determined that the employee is       1,576        

                                                          39     

                                                                 
using a drug of abuse otherwise than pursuant to a prescription.   1,577        

      (3)  The physician has determined that the employee has a    1,579        

condition, other than one involving the use of a drug of abuse,    1,580        

that represents a potential risk of harm to passengers on any      1,581        

aircraft, railroad train, school or other bus, taxicab, or other   1,582        

type of common carrier operated by the employee.                   1,583        

      (C)(1)  This section does not create, and shall not be       1,585        

construed as creating, a new cause of action or substantive legal  1,586        

right against a physician and in favor of an employee who was a    1,587        

patient of the physician, who was the subject of a report          1,588        

described in division (B) of this section, and who allegedly       1,589        

sustained harm as a result of the report, or in favor of any       1,590        

other person who allegedly sustained harm as a result of the       1,591        

report.                                                            1,592        

      (2)  This section does not impose, and shall not be          1,594        

construed as imposing, a duty upon a physician to make a report    1,595        

as described in division (B) of this section to an employer of an  1,596        

employee who the physician determines is using a drug of abuse     1,597        

dispensed pursuant to a prescription or is using a drug of abuse   1,598        

other than pursuant to a prescription, or who the physician        1,599        

determines has a condition, other than one involving the use of a  1,600        

drug of abuse, that represents a potential risk of harm to         1,601        

passengers on the type of common carrier operated by the           1,602        

employee.                                                          1,603        

      (3)  This section does not affect and shall not be           1,605        

construed as affecting, any immunities from civil liability or     1,606        

defenses established by another section of the Revised Code or     1,607        

available at common law, to which a physician may be entitled.     1,608        

      (D)  In the event that a physician makes a report described  1,610        

in division (B) of this section, the physician also shall make a   1,611        

report to the employee who was the subject of the report.  If the  1,612        

report to the employer is in writing, the report to the employee   1,613        

shall be in writing.                                               1,614        

      Sec. 2913.02.  (A)  No person, with purpose to deprive the   1,623        

                                                          40     

                                                                 
owner of property or services, shall knowingly obtain or exert     1,624        

control over either the property or services in any of the         1,625        

following ways:                                                    1,626        

      (1)  Without the consent of the owner or person authorized   1,628        

to give consent;                                                   1,629        

      (2)  Beyond the scope of the express or implied consent of   1,631        

the owner or person authorized to give consent;                    1,632        

      (3)  By deception;                                           1,634        

      (4)  By threat.                                              1,636        

      (B)  Whoever violates this section is guilty of theft.       1,638        

Except as otherwise provided in this division, a violation of      1,639        

this section is petty theft, a misdemeanor of the first degree.    1,640        

If the value of the property or services stolen is five hundred    1,641        

dollars or more and is less than five thousand dollars OR if the   1,642        

property stolen is any of the property listed in section 2913.71   1,643        

of the Revised Code, a violation of this section is theft, a       1,644        

felony of the fifth degree.  If the value of the property or       1,645        

services stolen is five thousand dollars or more and is less than  1,646        

one hundred thousand dollars OR if the property stolen is a        1,647        

firearm or dangerous ordnance, as defined in section 2923.11 of    1,648        

the Revised Code,, a violation of this section is grand theft, a   1,649        

felony of the fourth degree.  If the property stolen is a motor    1,650        

vehicle, as defined in section 4501.01 of the Revised Code, a                   

violation of this section is grand theft of a motor vehicle, a     1,651        

felony of the fourth degree.  If the value of the property or      1,652        

services stolen is one hundred thousand dollars or more, a         1,653        

violation of this section is aggravated theft, a felony of the     1,654        

third degree.  If the property stolen is any dangerous drug, as    1,655        

defined in section 4729.02 4729.01 of the Revised Code, a          1,656        

violation of this section is theft of drugs, a felony of the       1,658        

fourth degree, or, if the offender previously has been convicted   1,659        

of a felony drug abuse offense, as defined in section 2925.01 of   1,660        

the Revised Code, a felony of the third degree.                    1,661        

      Sec. 2913.51.  (A)  No person shall receive, retain, or      1,671        

                                                          41     

                                                                 
dispose of property of another knowing or having reasonable cause  1,673        

to believe that the property has been obtained through commission  1,674        

of a theft offense.                                                             

      (B)  Whoever violates this section is guilty of receiving    1,676        

stolen property.  Except as otherwise provided in this division,   1,678        

receiving stolen property is a misdemeanor of the first degree.    1,679        

If the value of the property involved is five hundred dollars or   1,680        

more and is less than five thousand dollars, if the property       1,681        

involved is any of the property listed in section 2913.71 of the   1,682        

Revised Code, receiving stolen property is a felony of the fifth   1,683        

degree.  If the property involved is a motor vehicle, as defined   1,684        

in section 4501.01 of the Revised Code, if the property involved   1,685        

is a dangerous drug, as defined in section 4729.02 4729.01 of the  1,686        

Revised Code, or if the value of the property involved is five     1,688        

thousand dollars or more and is less than one hundred thousand     1,689        

dollars, OR if the property involved is a firearm or dangerous     1,690        

ordnance, as defined in section 2923.11 of the Revised Code,       1,691        

receiving stolen property is a felony of the fourth degree.  If                 

the value of the property involved is one hundred thousand         1,692        

dollars or more, receiving stolen property is a felony of the      1,693        

third degree.                                                      1,694        

      Sec. 2925.01.  As used in this chapter:                      1,707        

      (A)  "Administer," "controlled substance," "dispense,"       1,709        

"distribute," "federal drug abuse control laws," "hypodermic,"     1,710        

"manufacturer," "official written order," "person," "pharmacist,"  1,712        

"pharmacy," "practitioner," "prescription," "sale," "schedule I,"  1,713        

"schedule II," "schedule III," "schedule IV," "schedule V," and    1,714        

"wholesaler" have the same meanings as in section 3719.01 of the   1,715        

Revised Code.                                                                   

      (B)  "Drug dependent person" and "drug of abuse" have the    1,717        

same meanings as in section 3719.011 of the Revised Code.          1,718        

      (C)  "Drug," "dangerous drug," and "Federal Food, Drug, and  1,720        

Cosmetic Act LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE  1,721        

DRUGS," AND "PRESCRIPTION" have the same meanings as in section    1,722        

                                                          42     

                                                                 
4729.02 4729.01 of the Revised Code.                               1,723        

      (D)  "Bulk amount" of a controlled substance means any of    1,725        

the following:                                                     1,726        

      (1)  For any compound, mixture, preparation, or substance    1,728        

included in schedule I, schedule II, or schedule III, with the     1,730        

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

except as provided in division (D)(2) or (5) of this section,      1,732        

whichever of the following is applicable:                                       

      (a)  An amount equal to or exceeding ten grams or            1,734        

twenty-five unit doses of a compound, mixture, preparation, or     1,735        

substance that is or contains any amount of a schedule I opiate    1,736        

or opium derivative;                                               1,737        

      (b)  An amount equal to or exceeding ten grams of a          1,740        

compound, mixture, preparation, or substance that is or contains   1,741        

any amount of raw or gum opium;                                    1,742        

      (c)  An amount equal to or exceeding thirty grams or ten     1,745        

unit doses of a compound, mixture, preparation, or substance that  1,746        

is or contains any amount of a schedule I hallucinogen other than  1,747        

tetrahydrocannabinol or lysergic acid amide, or a schedule I       1,750        

stimulant or depressant;                                           1,751        

      (d)  An amount equal to or exceeding twenty grams or five    1,754        

times the maximum daily dose in the usual dose range specified in  1,755        

a standard pharmaceutical reference manual of a compound,          1,756        

mixture, preparation, or substance that is or contains any amount  1,757        

of a schedule II opiate or opium derivative;                       1,758        

      (e)  An amount equal to or exceeding five grams or ten unit  1,760        

doses of a compound, mixture, preparation, or substance that is    1,761        

or contains any amount of phencyclidine;                           1,762        

      (f)  An amount equal to or exceeding one hundred twenty      1,764        

grams or thirty times the maximum daily dose in the usual dose     1,765        

range specified in a standard pharmaceutical reference manual of   1,766        

a compound, mixture, preparation, or substance that is or          1,767        

contains any amount of a schedule II stimulant that is in a final  1,768        

dosage form manufactured by a person authorized by the "Federal    1,769        

                                                          43     

                                                                 
Food, Drug, and Cosmetic Act," 52 STAT. 1040 (1938), 21 U.S.C.A.   1,771        

301, AS AMENDED, and the federal drug abuse control laws, AS       1,772        

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

contains any amount of a schedule II depressant substance or a     1,774        

schedule II hallucinogenic substance;                                           

      (g)  An amount equal to or exceeding three grams of a        1,777        

compound, mixture, preparation, or substance that is or contains   1,778        

any amount of a schedule II stimulant, or any of its salts or      1,779        

isomers, that is not in a final dosage form manufactured by a      1,780        

person authorized by the Federal Food, Drug, and Cosmetic Act and  1,781        

the federal drug abuse control laws.                               1,782        

      (2)  An amount equal to or exceeding one hundred twenty      1,785        

grams or thirty times the maximum daily dose in the usual dose     1,786        

range specified in a standard pharmaceutical reference manual of   1,788        

a compound, mixture, preparation, or substance that is or          1,790        

contains any amount of a schedule III or IV substance other than   1,792        

an anabolic steroid or a schedule III opiate or opium derivative;  1,793        

      (3)  An amount equal to or exceeding twenty grams or five    1,795        

times the maximum daily dose in the usual dose range specified in  1,796        

a standard pharmaceutical reference manual of a compound,          1,797        

mixture, specification PREPARATION, or substance that is or        1,799        

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

      (4)  An amount equal to or exceeding two hundred fifty       1,801        

milliliters or two hundred fifty grams of a compound, mixture,     1,802        

preparation, or substance that is or contains any amount of a      1,803        

schedule V substance;                                              1,804        

      (5)  An amount equal to or exceeding two hundred solid       1,807        

dosage units, sixteen grams, or sixteen milliliters of a           1,808        

compound, mixture, preparation, or substance that is or contains   1,809        

any amount of a schedule III anabolic steroid.                     1,810        

      (E)  "Unit dose" means an amount or unit of a compound,      1,812        

mixture, or preparation containing a controlled substance that is  1,813        

separately identifiable and is in a form indicating that           1,814        

indicates that it is the amount or unit by which the controlled    1,816        

                                                          44     

                                                                 
substance is separately administered to or taken by an             1,817        

individual.                                                        1,818        

      (F)  "Cultivate" includes planting, watering, fertilizing,   1,820        

or tilling.                                                        1,821        

      (G)  "Drug abuse offense" means any of the following:        1,823        

      (1)  A violation of division (A) of section 2913.02 that     1,825        

constitutes theft of drugs, or a violation of section 2925.02,     1,826        

2925.03, 2925.04, 2925.05, 2925.06, 2925.11, 2925.12, 2925.13,     1,827        

2925.22, 2925.23, 2925.31, 2925.32, 2925.36, or 2925.37 of the     1,829        

Revised Code;                                                                   

      (2)  A violation of an existing or former law of this or     1,831        

any other state or of the United States that is substantially      1,832        

equivalent to any section listed in division (G)(1) of this        1,833        

section;                                                           1,834        

      (3)  An offense under an existing or former law of this or   1,836        

any other state, or of the United States, of which planting,       1,837        

cultivating, harvesting, processing, making, manufacturing,        1,838        

producing, shipping, transporting, delivering, acquiring,          1,839        

possessing, storing, distributing, dispensing, selling, inducing   1,840        

another to use, administering to another, using, or otherwise      1,841        

dealing with a controlled substance is an element;                 1,842        

      (4)  A conspiracy to commit, attempt to commit, or           1,844        

complicity in committing or attempting to commit any offense       1,845        

under division (G)(1), (2), or (3) of this section.                1,846        

      (H)  "Felony drug abuse offense" means any drug abuse        1,848        

offense that would constitute a felony under the laws of this      1,849        

state, any other state, or the United States.                      1,850        

      (I)  "Harmful intoxicant" does not include beer or           1,852        

intoxicating liquor but means any compound, mixture, preparation,  1,854        

or substance the gas, fumes, or vapor of which when inhaled can    1,855        

induce intoxication, excitement, giddiness, irrational behavior,   1,856        

depression, stupefaction, paralysis, unconsciousness,              1,857        

asphyxiation, or other harmful physiological effects, and          1,858        

includes, but is not limited to, any of the following:             1,859        

                                                          45     

                                                                 
      (1)  Any volatile organic solvent, plastic cement, model     1,861        

cement, fingernail polish remover, lacquer thinner, cleaning       1,862        

fluid, gasoline, or other preparation containing a volatile        1,863        

organic solvent;                                                   1,864        

      (2)  Any aerosol propellant;                                 1,866        

      (3)  Any fluorocarbon refrigerant;                           1,868        

      (4)  Any anesthetic gas.                                     1,870        

      (J)  "Manufacture" means to plant, cultivate, harvest,       1,872        

process, make, prepare, or otherwise engage in any part of the     1,873        

production of a drug, by propagation, extraction, chemical         1,874        

synthesis, or compounding, or any combination of the same, and     1,875        

includes packaging, repackaging, labeling, and other activities    1,876        

incident to production.                                            1,877        

      (K)  "Possess" or "possession" means having control over a   1,879        

thing or substance, but may not be inferred solely from mere       1,880        

access to the thing or substance through ownership or occupation   1,881        

of the premises upon which the thing or substance is found.        1,882        

      (L)  "Sample drug" means a drug or pharmaceutical            1,884        

preparation that would be hazardous to health or safety if used    1,885        

without the supervision of a practitioner LICENSED HEALTH          1,886        

PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, or a drug of abuse,    1,887        

and that, at one time, had been placed in a container plainly      1,888        

marked as a sample by a manufacturer.                              1,889        

      (M)  "Standard pharmaceutical reference manual" means the    1,891        

current edition, with cumulative changes if any, of any of the     1,892        

following reference works:                                         1,893        

      (1)  "The National Formulary";                               1,895        

      (2)  "The United States Pharmacopeia," prepared by           1,897        

authority of the United States Pharmacopeial Convention, Inc.;     1,898        

      (3)  Other standard references that are approved by the      1,900        

state board of pharmacy.                                           1,901        

      (N)  "Juvenile" means a person under eighteen years of age.  1,903        

      (O)  "Counterfeit controlled substance" means any of the     1,905        

following:                                                         1,906        

                                                          46     

                                                                 
      (1)  Any drug that bears, or whose container or label        1,908        

bears, a trademark, trade name, or other identifying mark used     1,909        

without authorization of the owner of rights to that trademark,    1,910        

trade name, or identifying mark;                                   1,911        

      (2)  Any unmarked or unlabeled substance that is             1,913        

represented to be a controlled substance manufactured, processed,  1,914        

packed, or distributed by a person other than the person that      1,915        

manufactured, processed, packed, or distributed it;                1,916        

      (3)  Any substance that is represented to be a controlled    1,918        

substance but is not a controlled substance or is a different      1,919        

controlled substance;                                              1,920        

      (4)  Any substance other than a controlled substance that a  1,922        

reasonable person would believe to be a controlled substance       1,923        

because of its similarity in shape, size, and color, or its        1,924        

markings, labeling, packaging, distribution, or the price for      1,925        

which it is sold or offered for sale.                              1,926        

      (P)  An offense is "committed in the vicinity of a school"   1,928        

if the offender commits the offense on school premises, in a       1,929        

school building, or within one thousand feet of the boundaries of  1,930        

any school premises.                                                            

      (Q)  "School" means any school operated by a board of        1,932        

education or any school for which the state board of education     1,933        

prescribes minimum standards under section 3301.07 of the Revised  1,934        

Code, whether or not any instruction, extracurricular activities,  1,935        

or training provided by the school is being conducted at the time  1,936        

a criminal offense is committed.                                   1,937        

      (R)  "School premises" means either of the following:        1,939        

      (1)  The parcel of real property on which any school is      1,941        

situated, whether or not any instruction, extracurricular          1,942        

activities, or training provided by the school is being conducted  1,943        

on the premises at the time a criminal offense is committed;       1,944        

      (2)  Any other parcel of real property that is owned or      1,946        

leased by a board of education of a school or the governing body   1,947        

of a school for which the state board of education prescribes      1,948        

                                                          47     

                                                                 
minimum standards under section 3301.07 of the Revised Code and    1,949        

on which some of the instruction, extracurricular activities, or   1,950        

training of the school is conducted, whether or not any            1,951        

instruction, extracurricular activities, or training provided by   1,952        

the school is being conducted on the parcel of real property at    1,953        

the time a criminal offense is committed.                          1,954        

      (S)  "School building" means any building in which any of    1,956        

the instruction, extracurricular activities, or training provided  1,957        

by a school is conducted, whether or not any instruction,          1,958        

extracurricular activities, or training provided by the school is  1,959        

being conducted in the school building at the time a criminal      1,960        

offense is committed.                                              1,961        

      (T)  "Disciplinary counsel" means the disciplinary counsel   1,963        

appointed by the board of commissioners on grievances and          1,964        

discipline of the supreme court under the Rules for the            1,965        

Government of the Bar of Ohio.                                     1,966        

      (U)  "Certified grievance committee" means a duly            1,968        

constituted and organized committee of the Ohio state bar          1,969        

association or of one or more local bar associations of the state  1,970        

of Ohio that complies with the criteria set forth in Rule V,       1,971        

section 6 of the Rules for the Government of the Bar of Ohio.      1,972        

      (V)  "Professional license" means any license, permit,       1,974        

certificate, registration, qualification, admission, temporary     1,975        

license, temporary permit, temporary certificate, or temporary     1,976        

registration that is described in divisions (W)(1) to (35) of      1,977        

this section and that qualifies a person as a professionally       1,978        

licensed person.                                                   1,979        

      (W)  "Professionally licensed person" means any of the       1,981        

following:                                                         1,982        

      (1)  A person who has obtained a license as a manufacturer   1,984        

of controlled substances or a wholesaler of controlled substances  1,985        

under Chapter 3719. of the Revised Code;                           1,986        

      (2)  A person who has received a certificate or temporary    1,988        

certificate as a certified public accountant or who has            1,989        

                                                          48     

                                                                 
registered as a public accountant under Chapter 4701. of the       1,990        

Revised Code and who holds a live permit issued under that         1,991        

chapter;                                                           1,992        

      (3)  A person who holds a certificate of qualification to    1,994        

practice architecture issued or renewed and registered under       1,995        

Chapter 4703. of the Revised Code;                                 1,996        

      (4)  A person who is registered as a landscape architect     1,998        

under Chapter 4703. of the Revised Code or who holds a permit as   1,999        

a landscape architect issued under that chapter;                   2,000        

      (5)  A person licensed as an auctioneer or apprentice        2,002        

auctioneer or licensed to operate an auction company under         2,003        

Chapter 4707. of the Revised Code;                                 2,004        

      (6)  A person who has been issued a certificate of           2,006        

registration as a registered barber under Chapter 4709. of the     2,007        

Revised Code;                                                      2,008        

      (7)  A person licensed and regulated to engage in the        2,010        

business of a debt pooling company by a legislative authority,     2,011        

under authority of Chapter 4710. of the Revised Code;              2,012        

      (8)  A person who has been issued a cosmetologist's          2,014        

license, manicurist's license, esthetician's license, managing     2,015        

cosmetologist's license, managing manicurist's license, managing   2,016        

esthetician's license, cosmetology instructor's license,           2,017        

manicurist instructor's license, esthetician instructor's          2,018        

license, or tanning facility permit under Chapter 4713. of the     2,019        

Revised Code;                                                      2,020        

      (9)  A person who has been issued a license to practice      2,022        

dentistry, a general anesthesia permit, a conscious intravenous    2,023        

sedation permit, a limited resident's license, a limited teaching  2,024        

license, a dental hygienist's license, or a dental hygienist's     2,025        

teacher's certificate under Chapter 4715. of the Revised Code;     2,026        

      (10)  A person who has been issued an embalmer's license, a  2,028        

funeral director's license, or a funeral home license, or who has  2,029        

been registered for a funeral director's apprenticeship under      2,030        

Chapter 4717. of the Revised Code;                                 2,031        

                                                          49     

                                                                 
      (11)  A person who has been licensed as a registered nurse   2,033        

or practical nurse, or who has been issued a certificate for the   2,034        

practice of nurse-midwifery under Chapter 4723. of the Revised     2,035        

Code;                                                              2,036        

      (12)  A person who has been licensed to practice optometry   2,038        

or to engage in optical dispensing under Chapter 4725. of the      2,039        

Revised Code;                                                      2,040        

      (13)  A person licensed to act as a pawnbroker under         2,042        

Chapter 4727. of the Revised Code;                                 2,043        

      (14)  A person licensed to act as a precious metals dealer   2,045        

under Chapter 4728. of the Revised Code;                           2,046        

      (15)  A person registered LICENSED as a pharmacist, a        2,048        

pharmacy intern, a wholesale distributor of dangerous drugs, or a  2,050        

terminal distributor of dangerous drugs under Chapter 4729. of     2,051        

the Revised Code;                                                  2,052        

      (16)  A person who is authorized to practice as a physician  2,054        

assistant under Chapter 4730. of the Revised Code;                 2,055        

      (17)  A person who has been issued a certificate to          2,057        

practice medicine and surgery, osteopathic medicine and surgery,   2,058        

a limited branch of medicine or surgery, or podiatry under         2,059        

Chapter 4731. of the Revised Code;                                 2,060        

      (18)  A person licensed as a psychologist or school          2,062        

psychologist under Chapter 4732. of the Revised Code;              2,063        

      (19)  A person registered to practice the profession of      2,065        

engineering or surveying under Chapter 4733. of the Revised Code;  2,066        

      (20)  A person who has been issued a certificate LICENSE to  2,068        

practice chiropractic under Chapter 4734. of the Revised Code;     2,069        

      (21)  A person licensed to act as a real estate broker,      2,071        

real estate salesman, limited real estate broker, or limited real  2,072        

estate salesman under Chapter 4735. of the Revised Code;           2,073        

      (22)  A person registered as a registered sanitarian under   2,075        

Chapter 4736. of the Revised Code;                                 2,076        

      (23)  A person licensed to operate or maintain a junkyard    2,078        

under Chapter 4737. of the Revised Code;                           2,079        

                                                          50     

                                                                 
      (24)  A person who has been issued a motor vehicle salvage   2,081        

dealer's license under Chapter 4738. of the Revised Code;          2,082        

      (25)  A person who has been licensed to act as a steam       2,084        

engineer under Chapter 4739. of the Revised Code;                  2,085        

      (26)  A person who has been issued a license or temporary    2,087        

permit to practice veterinary medicine or any of its branches, or  2,088        

who is registered as a graduate animal technician under Chapter    2,089        

4741. of the Revised Code;                                         2,090        

      (27)  A person who has been issued a hearing aid dealer's    2,092        

or fitter's license or trainee permit under Chapter 4747. of the   2,093        

Revised Code;                                                      2,094        

      (28)  A person who has been issued a class A, class B, or    2,096        

class C license or who has been registered as an investigator or   2,097        

security guard employee under Chapter 4749. of the Revised Code;   2,098        

      (29)  A person licensed and registered to practice as a      2,100        

nursing home administrator under Chapter 4751. of the Revised      2,101        

Code;                                                              2,102        

      (30)  A person licensed to practice as a speech              2,104        

SPEECH-LANGUAGE pathologist or audiologist under Chapter 4753. of  2,106        

the Revised Code;                                                               

      (31)  A person issued a license as an occupational           2,108        

therapist or physical therapist under Chapter 4755. of the         2,109        

Revised Code;                                                      2,110        

      (32)  A person who is licensed as a professional clinical    2,112        

counselor or professional counselor, licensed as a social worker   2,113        

or independent social worker, or registered as a social work       2,114        

assistant under Chapter 4757. of the Revised Code;                 2,115        

      (33)  A person issued a license to practice dietetics under  2,117        

Chapter 4759. of the Revised Code;                                 2,118        

      (34)  A person who has been issued a license or temporary    2,120        

LIMITED permit to practice respiratory therapy under Chapter       2,121        

4761. of the Revised Code;                                         2,123        

      (35)  A person who has been issued a real estate appraiser   2,125        

certificate under Chapter 4763. of the Revised Code.               2,126        

                                                          51     

                                                                 
      (X)  "Cocaine" means any of the following:                   2,128        

      (1)  A cocaine salt, isomer, or derivative, a salt of a      2,130        

cocaine isomer or derivative, or the base form of cocaine;         2,131        

      (2)  Coca leaves or a salt, compound, derivative, or         2,133        

preparation of coca leaves, including ecgonine, a salt, isomer,    2,134        

or derivative of ecgonine, or a salt of an isomer or derivative    2,135        

of ecgonine;                                                       2,136        

      (3)  A salt, compound, derivative, or preparation of a       2,138        

substance identified in division (X)(1) or (2) of this section     2,140        

that is chemically equivalent to or identical with any of those    2,141        

substances, except that the substances shall not include           2,142        

decocainized coca leaves or extraction of coca leaves if the       2,143        

extractions do not contain cocaine or ecgonine.                    2,144        

      (Y)  "L.S.D." means lysergic acid diethylamide.              2,147        

      (Z)  "Hashish" means the resin or a preparation of the       2,149        

resin contained in marihuana, whether in solid form or in a        2,150        

liquid concentrate, liquid extract, or liquid distillate form.     2,151        

      (AA)  "Marihuana" has the same meaning as in section         2,153        

3719.01 of the Revised Code, except that it does not include       2,155        

hashish.                                                                        

      (BB)  An offense is "committed in the vicinity of a          2,157        

juvenile" if the offender commits the offense within one hundred   2,159        

feet of a juvenile or within the view of a juvenile, regardless    2,160        

of whether the offender knows the age of the juvenile, whether     2,161        

the offender knows the offense is being committed within one       2,162        

hundred feet of or within view of the juvenile, or whether the     2,163        

juvenile actually views the commission of the offense.                          

      (CC)  "Presumption for a prison term" or "presumption that   2,165        

a prison term shall be imposed" means a presumption, as described  2,166        

in division (D) of section 2929.13 of the Revised Code, that a     2,167        

prison term is a necessary sanction for a felony in order to       2,168        

comply with the purposes and principles of sentencing under        2,169        

section 2929.11 of the Revised Code.                                            

      (DD)  "Major drug offender" has the same meaning as in       2,171        

                                                          52     

                                                                 
section 2929.01 of the Revised Code.                               2,172        

      (EE)  "Minor drug possession offense" means either of the    2,174        

following:                                                         2,175        

      (1)  A violation of section 2925.11 of the Revised Code as   2,177        

it existed prior to July 1, 1996;                                  2,178        

      (2)  A violation of section 2925.11 of the Revised Code as   2,180        

it exists on and after July 1, 1996, this that is a misdemeanor    2,181        

or a felony of the fifth degree.                                   2,182        

      (FF)  "Mandatory prison term" has the same meaning as in     2,185        

section 2929.01 of the Revised Code.                                            

      (GG)  "Crack cocaine" means a compound, mixture,             2,187        

preparation, or substance that is or contains any amount of        2,188        

cocaine that is analytically identified as the base form of        2,189        

cocaine or that is in a form that resembles rocks or pebbles       2,190        

generally intended for individual use.                                          

      Sec. 2925.02.  (A)  No person shall knowingly do any of the  2,199        

following:                                                         2,200        

      (1)  By force, threat, or deception, administer to another   2,202        

or induce or cause another to use a controlled substance;          2,203        

      (2)  By any means, administer or furnish to another or       2,205        

induce or cause another to use a controlled substance with         2,206        

purpose to cause serious physical harm to the other person, or     2,207        

with purpose to cause the other person to become drug dependent;   2,208        

      (3)  By any means, administer or furnish to another or       2,210        

induce or cause another to use a controlled substance, and         2,211        

thereby cause serious physical harm to the other person, or cause  2,212        

the other person to become drug dependent;                         2,213        

      (4)  By any means, do any of the following:                  2,215        

      (a)  Furnish or administer a controlled substance to a       2,217        

juvenile who is at least two years the offender's junior, when     2,219        

the offender knows the age of the juvenile or is reckless in that  2,220        

regard;                                                                         

      (b)  Induce or cause a juvenile who is at least two years    2,222        

the offender's junior to use a controlled substance, when the      2,224        

                                                          53     

                                                                 
offender knows the age of the juvenile or is reckless in that      2,225        

regard;                                                                         

      (c)  Induce or cause a juvenile who is at least two years    2,227        

the offender's junior to commit a felony drug abuse offense, when  2,229        

the offender knows the age of the juvenile or is reckless in that  2,230        

regard;                                                            2,231        

      (d)  Use a juvenile, whether or not the offender knows the   2,233        

age of the juvenile, to perform any surveillance activity that is  2,234        

intended to prevent the detection of the offender or any other     2,235        

person in the commission of a felony drug abuse offense or to      2,236        

prevent the arrest of the offender or any other person for the     2,237        

commission of a felony drug abuse offense.                         2,238        

      (B)  Division (A)(1), (3), or (4) of this section does not   2,240        

apply to manufacturers, wholesalers, practitioners LICENSED        2,241        

HEALTH PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS, pharmacists,   2,242        

owners of pharmacies, and other persons whose conduct is in        2,243        

accordance with Chapters 3719., 4715., 4729., 4731., and 4741. of  2,244        

the Revised Code or section 4723.56 of the Revised Code.           2,245        

      (C)  Whoever violates this section is guilty of corrupting   2,247        

another with drugs.  The penalty for the offense shall be          2,248        

determined as follows:                                             2,249        

      (1)  Except as otherwise provided in this division, if the   2,251        

drug involved is any compound, mixture, preparation, or substance  2,253        

included in schedule I or II, with the exception of marihuana,     2,254        

corrupting another with drugs is a felony of the second degree,    2,255        

and, subject to division (E) of this section, the court shall      2,256        

impose as a mandatory prison term one of the prison terms          2,258        

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

involved is any compound, mixture, preparation, or substance       2,259        

included in schedule I or II, with the exception of marihuana,     2,260        

and if the offense was committed in the vicinity of a school,      2,261        

corrupting another with drugs is a felony of the first degree,     2,262        

and, subject to division (E) of this section, the court shall      2,263        

impose as a mandatory prison term one of the prison terms          2,264        

                                                          54     

                                                                 
prescribed for a felony of the first degree.                                    

      (2)  Except as otherwise provided in this division, if the   2,266        

drug involved is any compound, mixture, preparation, or substance  2,267        

included in schedule III, IV, or V, corrupting another with drugs  2,268        

is a felony of the second degree, and there is a presumption for   2,269        

a prison term for the offense.  If the drug involved is any        2,270        

compound, mixture, preparation, or substance included in schedule  2,271        

III, IV, or V and if the offense was committed in the vicinity of  2,272        

a school, corrupting another with drugs is a felony of the second  2,273        

degree, and the court shall impose as a mandatory prison term one  2,274        

of the prison terms prescribed for a felony of the second degree.  2,275        

      (3)  Except as otherwise provided in this division, if the   2,277        

drug involved is marihuana, corrupting another with drugs is a     2,279        

felony of the fourth degree, and division (C) of section 2929.13   2,280        

of the Revised Code applies in determining whether to impose a     2,281        

prison term on the offender.  If the drug involved in IS           2,282        

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

school, corrupting another with drugs is a felony of the third     2,284        

degree, and division (C) of section 2929.13 of the Revised Code    2,285        

applies in determining whether to impose a prison term on the      2,286        

offender.                                                                       

      (D)  In addition to any prison term authorized or required   2,288        

by division (C) or (E) of this section and sections 2929.13 and    2,289        

2929.14 of the Revised Code and in addition to any other sanction  2,290        

imposed for the offense under this section or sections 2929.11 to  2,291        

2929.18 of the Revised Code, the court that sentences an offender  2,293        

who is convicted of or pleads guilty to a violation of division    2,294        

(A) of this section or the clerk of that court shall do all of     2,295        

the following that are applicable regarding the offender:                       

      (1)(a)  If the violation is a felony of the first, second,   2,298        

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

mandatory fine specified for the offense under division (B)(1) of  2,299        

section 2929.18 of the Revised Code unless, as specified in that   2,300        

division, the court determines that the offender is indigent.      2,301        

                                                          55     

                                                                 
      (b)  Notwithstanding any contrary provision of section       2,303        

3719.21 of the Revised Code, any mandatory fine imposed pursuant   2,305        

to division (D)(1)(a) of this section and any fine imposed for a   2,306        

violation of this section pursuant to division (A) of section      2,307        

2929.18 of the Revised Code shall be paid by the clerk of the      2,308        

court in accordance with and subject to the requirements of, and   2,309        

shall be used as specified in, division (F) of section 2925.03 of  2,310        

the Revised Code.                                                               

      (c)  If a person is charged with any violation of this       2,312        

section that is a felony of the first, second, or third degree,    2,314        

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   2,315        

this section as if it were a fine imposed for a violation of this  2,317        

section.                                                                        

      (2)  The court either shall revoke or, if it does not        2,320        

revoke, shall suspend for not less than six months or more than    2,321        

five years, the driver's or commercial driver's license or permit  2,322        

of any person who is convicted of or pleads guilty to a violation  2,323        

of this section that is a felony of the first degree and shall     2,324        

suspend for not less than six months nor more than five years the  2,325        

driver's or commercial driver's license or permit of any person    2,326        

who is convicted of or pleads guilty to any other violation of     2,327        

this section.  If an offender's driver's or commercial driver's    2,328        

license or permit is revoked pursuant to this division, the        2,329        

offender, at any time after the expiration of two years from the   2,330        

day on which the offender's sentence was imposed or from the day   2,331        

on which the offender finally was released from a prison term      2,332        

under the sentence, whichever is later, may file a motion with     2,333        

the sentencing court requesting termination of the revocation.     2,334        

Upon the filing of the motion and the court's finding of good      2,336        

cause for the termination, the court may terminate the             2,337        

revocation.                                                                     

      (3)  If the offender is a professionally licensed person or  2,339        

a person who has been admitted to the bar by order of the supreme  2,340        

                                                          56     

                                                                 
court in compliance with its prescribed and published rules, in    2,341        

addition to any other sanction imposed for a violation of this     2,342        

section, the court forthwith shall comply with section 2925.38 of  2,343        

the Revised Code.                                                  2,344        

      (E)  Notwithstanding the prison term otherwise authorized    2,346        

or required for the offense under division (C) of this section     2,347        

and sections 2929.13 and 2929.14 of the Revised Code, if the       2,348        

violation of division (A) of this section involves the sale,       2,350        

offer to sell, or possession of a schedule I or II controlled      2,352        

substance, with the exception of marihuana, and if the offender,   2,354        

as a result of the violation, is a major drug offender, the        2,356        

court, in lieu of the prison term that otherwise is authorized or  2,357        

required, shall impose upon the offender the mandatory prison      2,358        

term specified in division (D)(3)(a) of section 2929.14 of the     2,359        

Revised Code and may impose an additional prison term under        2,360        

division (D)(3)(b) of that section.                                2,361        

      Sec. 2925.03.  (A)  No person shall knowingly sell or offer  2,370        

to sell a controlled substance.                                    2,371        

      (B)  This section does not apply to any of the following:    2,373        

      (1)  Manufacturers, practitioners LICENSED HEALTH            2,375        

PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS, pharmacists, owners   2,376        

of pharmacies, and other persons whose conduct is in accordance    2,377        

with Chapters 3719., 4715., 4729., 4731., and 4741. or section     2,379        

4723.56 of the Revised Code;                                                    

      (2)  If the offense involves an anabolic steroid, any        2,381        

person who is conducting or participating in a research project    2,382        

involving the use of an anabolic steroid if the project has been   2,383        

approved by the United States food and drug administration;        2,384        

      (3)  Any person who sells, offers for sale, prescribes,      2,386        

dispenses, or administers for livestock or other nonhuman species  2,387        

an anabolic steroid that is expressly intended for administration  2,388        

through implants to livestock or other nonhuman species and        2,389        

approved for that purpose under the "Federal Food, Drug, and       2,390        

Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,  2,391        

                                                          57     

                                                                 
and is sold, offered for sale, prescribed, dispensed, or           2,392        

administered for that purpose in accordance with that act.         2,393        

      (C)  Whoever violates division (A) of this section is        2,395        

guilty of one of the following:                                    2,396        

      (1)  If the drug involved in the violation is any compound,  2,399        

mixture, preparation, or substance included in schedule I or       2,400        

schedule II, with the exception of marihuana, cocaine, L.S.D.,     2,401        

heroin, and hashish, whoever violates division (A) of this         2,403        

section is guilty of aggravated trafficking in drugs.  The         2,404        

penalty for the offense shall be determined as follows:            2,405        

      (a)  Except as otherwise provided in division (C)(1)(b),     2,408        

(c), (d), (e), or (f) of this section, aggravated trafficking in   2,409        

drugs is a felony of the fourth degree, and division (C) of        2,411        

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   2,413        

      (b)  Except as otherwise provided in division (C)(1)(c),     2,416        

(d), (e), or (f) of this section, if the offense was committed in  2,417        

the vicinity of a school or in the vicinity of a juvenile,         2,418        

aggravated trafficking in drugs is a felony of the third degree,   2,419        

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

in determining whether to impose a prison term on the offender.    2,420        

      (c)  Except as otherwise provided in this division, if the   2,422        

amount of the drug involved exceeds the bulk amount but does not   2,424        

exceed five times the bulk amount, aggravated trafficking in       2,425        

drugs is a felony of the third degree, and the court shall impose  2,426        

as a mandatory prison term one of the prison terms prescribed for  2,427        

a felony of the third degree.  If the amount of the drug involved  2,428        

is within that range and if the offense was committed in the       2,429        

vicinity of a school or in the vicinity of a juvenile, aggravated  2,430        

trafficking in drugs is a felony of the second degree, and the     2,431        

court shall impose as a mandatory prison term one of the prison    2,432        

terms prescribed for a felony of the second degree.                2,433        

      (d)  Except as otherwise provided in this division, if the   2,435        

amount of the drug involved exceeds five times the bulk amount     2,437        

                                                          58     

                                                                 
but does not exceed fifty times the bulk amount, aggravated        2,438        

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

court shall impose as a mandatory prison term one of the prison    2,439        

terms prescribed for a felony of the second degree.  If the        2,440        

amount of the drug involved is within that range and if the        2,441        

offense was committed in the vicinity of a school or in the        2,442        

vicinity of a juvenile, aggravated trafficking in drugs is a       2,443        

felony of the first degree, and the court shall impose as a        2,444        

mandatory prison term one of the prison terms prescribed for a     2,445        

felony of the first degree.                                        2,446        

      (e)  If the amount of the drug involved exceeds fifty times  2,449        

the bulk amount but does not exceed one hundred times the bulk     2,450        

amount and regardless of whether the offense was committed in the  2,451        

vicinity of a school or in the vicinity of a juvenile, aggravated  2,452        

trafficking in drugs is a felony of the first degree, and the      2,453        

court shall impose as a mandatory prison term one of the prison    2,454        

terms prescribed for a felony of the first degree.                 2,455        

      (f)  If the amount of the drug involved exceeds one hundred  2,458        

times the bulk amount and regardless of whether the offense was    2,459        

committed in the vicinity of a school or in the vicinity of a      2,460        

juvenile, aggravated trafficking in drugs is a felony of the       2,461        

first degree, and the court shall impose as a mandatory prison     2,462        

term the maximum prison term prescribed for a felony of the first  2,463        

degree and may impose an additional prison term prescribed for a   2,464        

major drug offender under division (D)(3)(b) of section 2929.14    2,465        

of the Revised Code.                                               2,466        

      (2)  If the drug involved in the violation is any compound,  2,469        

mixture, preparation, or substance included in schedule III, IV,   2,470        

or V, whoever violates division (A) of this section is guilty of   2,471        

trafficking in drugs.  The penalty for the offense shall be        2,472        

determined as follows:                                             2,473        

      (a)  Except as otherwise provided in division (C)(2)(b),     2,476        

(c), (d), or (e) of this section, trafficking in drugs is a        2,478        

felony of the fifth degree, and division (C) of section 2929.13    2,479        

                                                          59     

                                                                 
of the Revised Code applies in determining whether to impose a     2,480        

prison term on the offender.                                                    

      (b)  Except as otherwise provided in division (C)(2)(c),     2,483        

(d), or (e) of this section, if the offense was committed in the   2,484        

vicinity of a school or in the vicinity of a juvenile,             2,485        

trafficking in drugs is a felony of the fourth degree, and         2,486        

division (C) of section 2929.13 of the Revised Code applies in     2,487        

determining whether to impose a prison term on the offender.       2,489        

      (c)  Except as otherwise provided in this division, if the   2,491        

amount of the drug involved exceeds the bulk amount but does not   2,493        

exceed five times the bulk amount, trafficking in drugs is a       2,494        

felony of the fourth degree, and there is a presumption for a      2,495        

prison term for the offense.  If the amount of the drug involved   2,496        

is within that range and if the offense was committed in the       2,497        

vicinity of a school or in the vicinity of a juvenile,             2,498        

trafficking in drugs is a felony of the third degree, and there    2,499        

is a presumption for a prison term for the offense.                2,500        

      (d)  Except as otherwise provided in this division, if the   2,502        

amount of the drug involved exceeds five times the bulk amount     2,504        

but does not exceed fifty times the bulk amount, trafficking in    2,505        

drugs is a felony of the third degree, and there is a presumption  2,506        

for a prison term for the offense.  If the amount of the drug      2,507        

involved is within that range and if the offense was committed in  2,508        

the vicinity of a school or in the vicinity of a juvenile,         2,509        

trafficking in drugs is a felony of the second degree, and there   2,510        

is a presumption for a prison term for the offense.                2,511        

      (e)  Except as otherwise provided in this division, if the   2,513        

amount of the drug involved exceeds fifty times the bulk amount,   2,515        

trafficking in drugs is a felony of the second degree, and the     2,516        

court shall impose as a mandatory prison term one of the prison    2,517        

terms prescribed for a felony of the second degree.  If the        2,518        

amount of the drug involved exceeds fifty times the bulk amount    2,519        

and if the offense was committed in the vicinity of a school or    2,520        

in the vicinity of a juvenile, trafficking in drugs is a felony    2,521        

                                                          60     

                                                                 
of the first degree, and the court shall impose as a mandatory     2,522        

prison term one of the prison terms prescribed for a felony of     2,523        

the first degree.                                                  2,524        

      (3)  If the drug involved in the violation is marihuana or   2,526        

a compound, mixture, preparation, or substance containing          2,527        

marihuana other than hashish, whoever violates division (A) of     2,529        

this section is guilty of trafficking in marihuana.  The penalty   2,530        

for the offense shall be determined as follows:                    2,531        

      (a)  Except as otherwise provided in division (C)(3)(b),     2,534        

(c), (d), (e), (f), or (g) of this section, trafficking in         2,535        

marihuana is a felony of the fifth degree, and division (C) of     2,538        

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   2,539        

      (b)  Except as otherwise provided in division (C)(3)(c),     2,542        

(d), (e), (f), or (g) of this section, if the offense was          2,544        

committed in the vicinity of a school or in the vicinity of a      2,545        

juvenile, trafficking in marihuana is a felony of the fourth       2,546        

degree, and division (C) of section 2929.13 of the Revised Code    2,547        

applies in determining whether to impose a prison term on the      2,548        

offender.                                                                       

      (c)  Except as otherwise provided in this division, if the   2,550        

amount of the drug involved exceeds two hundred grams but does     2,552        

not exceed one thousand grams, trafficking in marihuana is a       2,553        

felony of the fourth degree, and division (C) of section 2929.13   2,554        

of the Revised Code applies in determining whether to impose a     2,556        

prison term on the offender.  If the amount of the drug involved   2,557        

is within that range and if the offense was committed in the       2,558        

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

trafficking in marihuana is a felony of the third degree, and      2,559        

division (C) of section 2929.13 of the Revised Code applies in     2,560        

determining whether to impose a prison term on the offender.       2,561        

      (d)  Except as otherwise provided in this division, if the   2,563        

amount of the drug involved exceeds one thousand grams but does    2,565        

not exceed five thousand grams, trafficking in marihuana is a      2,566        

                                                          61     

                                                                 
felony of the third degree, and division (C) of section 2929.13    2,567        

of the Revised Code applies in determining whether to impose a     2,568        

prison term on the offender.  If the amount of the drug involved   2,569        

is within that range and if the offense was committed in the       2,570        

vicinity of a school or in the vicinity of a juvenile,             2,571        

trafficking in marihuana is a felony of the second degree, and     2,572        

there is a presumption that a prison term shall be imposed for     2,573        

the offense.                                                                    

      (e)  Except as otherwise provided in this division, if the   2,575        

amount of the drug involved exceeds five thousand grams but does   2,577        

not exceed twenty thousand grams, trafficking in marihuana is a    2,578        

felony of the third degree, and there is a presumption that a      2,579        

prison term shall be imposed for the offense.  If the amount of    2,580        

the drug involved is within that range and if the offense was      2,581        

committed in the vicinity of a school or in the vicinity of a      2,582        

juvenile, trafficking in marihuana is a felony of the second       2,583        

degree, and there is a presumption that a prison term shall be     2,584        

imposed for the offense.                                           2,585        

      (f)  Except as otherwise provided in this division, if the   2,587        

amount of the drug involved exceeds twenty thousand grams,         2,589        

trafficking in marihuana is a felony of the second degree, and     2,590        

the court shall impose as a mandatory prison term the maximum      2,591        

prison term prescribed for a felony of the second degree.  If the  2,592        

amount of the drug involved exceeds twenty thousand grams and if   2,593        

the offense was committed in the vicinity of a school or in the    2,594        

vicinity of a juvenile, trafficking in marihuana is a felony of    2,595        

the first degree, and the court shall impose as a mandatory        2,596        

prison term the maximum prison term prescribed for a felony of     2,597        

the first degree.                                                  2,598        

      (g)  Except as otherwise provided in this division, if the   2,601        

offense involves a gift of twenty grams or less of marihuana,      2,602        

trafficking in marihuana is a minor misdemeanor upon a first       2,603        

offense and a misdemeanor of the third degree upon a subsequent    2,604        

offense.  If the offense involves a gift of twenty grams or less   2,605        

                                                          62     

                                                                 
of marihuana and if the offense was committed in the vicinity of   2,606        

a school or in the vicinity of a juvenile, trafficking in          2,607        

marihuana is a misdemeanor of the third degree.                                 

      (4)  If the drug involved in the violation is cocaine or a   2,609        

compound, mixture, preparation, or substance containing cocaine,   2,610        

whoever violates division (A) of this section is guilty of         2,612        

trafficking in cocaine.  The penalty for the offense shall be                   

determined as follows:                                             2,613        

      (a)  Except as otherwise provided in division (C)(4)(b),     2,616        

(c), (d), (e), (f), or (g) of this section, trafficking in         2,617        

cocaine is a felony of the fifth degree, and division (C) of       2,619        

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   2,621        

      (b)  Except as otherwise provided in division (C)(4)(c),     2,624        

(d), (e), (f), or (g) of this section, if the offense was          2,625        

committed in the vicinity of a school or in the vicinity of a      2,627        

juvenile, trafficking in cocaine is a felony of the fourth         2,628        

degree, and division (C) of section 2929.13 of the Revised Code    2,629        

applies in determining whether to impose a prison term on the      2,631        

offender.                                                                       

      (c)  Except as otherwise provided in this division, if the   2,633        

amount of the drug involved exceeds five grams but does not        2,634        

exceed ten grams of cocaine that is not crack cocaine or exceeds   2,636        

one gram but does not exceed five grams of crack cocaine,          2,638        

trafficking in cocaine is a felony of the fourth degree, and       2,639        

there is a presumption for a prison term for the offense.  If the  2,640        

amount of the drug involved is within one of those ranges and if   2,641        

the offense was committed in the vicinity of a school or in the    2,642        

vicinity of a juvenile, trafficking in cocaine is a felony of the  2,643        

third degree, and there is a presumption for a prison term for     2,644        

the offense.                                                                    

      (d)  Except as otherwise provided in this division, if the   2,646        

amount of the drug involved exceeds ten grams but does not exceed  2,647        

one hundred grams of cocaine that is not crack cocaine or exceeds  2,649        

                                                          63     

                                                                 
five grams but does not exceed ten grams of crack cocaine,         2,650        

trafficking in cocaine is a felony of the third degree, and the    2,651        

court shall impose as a mandatory prison term one of the prison    2,652        

terms prescribed for a felony of the third degree.  If the amount  2,653        

of the drug involved is within one of those ranges and if the      2,654        

offense was committed in the vicinity of a school or in the        2,656        

vicinity of a juvenile, trafficking in cocaine is a felony of the  2,659        

second degree, and the court shall impose as a mandatory prison    2,660        

term one of the prison terms prescribed for a felony of the        2,661        

second degree.                                                                  

      (e)  Except as otherwise provided in this division, if the   2,663        

amount of the drug involved exceeds one hundred grams but does     2,664        

not exceed five hundred grams of cocaine that is not crack         2,665        

cocaine or exceeds ten grams but does not exceed twenty-five       2,667        

grams of crack cocaine, trafficking in cocaine is a felony of the  2,669        

second degree, and the court shall impose as a mandatory prison    2,670        

term one of the prison terms prescribed for a felony of the        2,671        

second degree.  If the amount of the drug involved is within one   2,672        

of those ranges and if the offense was committed in the vicinity   2,673        

of a school or in the vicinity of a juvenile, trafficking in       2,675        

cocaine is a felony of the first degree, and the court shall       2,677        

impose as a mandatory prison term one of the prison terms          2,678        

prescribed for a felony of the first degree.                       2,679        

      (f)  If the amount of the drug involved exceeds five         2,682        

hundred grams but does not exceed one thousand grams of cocaine    2,683        

that is not crack cocaine or exceeds twenty-five grams but does    2,684        

not exceed one hundred grams of crack cocaine and regardless of    2,685        

whether the offense was committed in the vicinity of a school or   2,686        

in the vicinity of a juvenile, trafficking in cocaine is a felony  2,689        

of the first degree, and the court shall impose as a mandatory     2,690        

prison term one of the prison terms prescribed for a felony of     2,691        

the first degree.                                                               

      (g)  If the amount of the drug involved exceeds one          2,694        

thousand grams of cocaine that is not crack cocaine or exceeds     2,695        

                                                          64     

                                                                 
one hundred grams of crack cocaine and regardless of whether the   2,697        

offense was committed in the vicinity of a school or in the        2,698        

vicinity of a juvenile, trafficking in cocaine is a felony of the  2,699        

first degree, and the court shall impose as a mandatory prison     2,700        

term the maximum prison term prescribed for a felony of the first  2,701        

degree and may impose an additional mandatory prison term          2,702        

prescribed for a major drug offender under division (D)(3)(b) of   2,704        

section 2929.14 of the Revised Code.                                            

      (5)  If the drug involved in the violation is L.S.D. or a    2,707        

compound, mixture, preparation, or substance containing L.S.D.,    2,708        

whoever violates division (A) of this section is guilty of         2,709        

trafficking in L.S.D.  The penalty for the offense shall be        2,711        

determined as follows:                                                          

      (a)  Except as otherwise provided in division (C)(5)(b),     2,714        

(c), (d), (e), (f), or (g) of this section, trafficking in L.S.D.  2,716        

is a felony of the fifth degree, and division (C) of section       2,717        

2929.13 of the Revised Code applies in determining whether to      2,719        

impose a prison term on the offender.                                           

      (b)  Except as otherwise provided in division (C)(5)(c),     2,722        

(d), (e), (f), or (g) of this section, if the offense was          2,723        

committed in the vicinity of a school or in the vicinity of a      2,724        

juvenile, trafficking in L.S.D. is a felony of the fourth degree,  2,726        

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

in determining whether to impose a prison term on the offender.    2,727        

      (c)  Except as otherwise provided in this division, if the   2,729        

amount of the drug involved exceeds ten unit doses but does not    2,731        

exceed fifty unit doses of L.S.D. in a solid form or exceeds one   2,732        

gram but does not exceed five grams of L.S.D. in a liquid          2,734        

concentrate, liquid extract, or liquid distillate form,            2,736        

trafficking in L.S.D. is a felony of the fourth degree, and there  2,739        

is a presumption for a prison term for the offense.  If the        2,740        

amount of the drug involved is within that range and if the                     

offense was committed in the vicinity of a school or in the        2,741        

vicinity of a juvenile, trafficking in L.S.D. is a felony of the   2,743        

                                                          65     

                                                                 
third degree, and there is a presumption for a prison term for     2,744        

the offense.                                                                    

      (d)  Except as otherwise provided in this division, if the   2,746        

amount of the drug involved exceeds fifty unit doses but does not  2,748        

exceed two hundred fifty unit doses of L.S.D. in a solid form or   2,749        

exceeds five grams but does not exceed twenty-five grams of        2,751        

L.S.D. in a liquid concentrate, liquid extract, or liquid          2,753        

distillate form, trafficking in L.S.D. is a felony of the third    2,756        

degree, and the court shall impose as a mandatory prison term one  2,757        

of the prison terms prescribed for a felony of the third degree.   2,758        

If the amount of the drug involved is within that range and if     2,759        

the offense was committed in the vicinity of a school or in the    2,760        

vicinity of a juvenile, trafficking in L.S.D. is a felony of the   2,762        

second degree, and the court shall impose as a mandatory prison    2,763        

term one of the prison terms prescribed for a felony of the        2,764        

second degree.                                                                  

      (e)  Except as otherwise provided in this division, if the   2,766        

amount of the drug involved exceeds two hundred fifty unit doses   2,768        

but does not exceed one thousand unit doses of L.S.D. in a solid   2,770        

form or exceeds twenty-five grams but does not exceed one hundred  2,772        

grams of L.S.D. in a liquid concentrate, liquid extract, or        2,774        

liquid distillate form, trafficking in L.S.D. is a felony of the   2,776        

second degree, and the court shall impose as a mandatory prison    2,777        

term one of the prison terms prescribed for a felony of the        2,778        

second degree.  If the amount of the drug involved is within that  2,779        

range and if the offense was committed in the vicinity of a        2,780        

school or in the vicinity of a juvenile, trafficking in L.S.D. is  2,782        

a felony of the first degree, and the court shall impose as a      2,783        

mandatory prison term one of the prison terms prescribed for a     2,784        

felony of the first degree.                                                     

      (f)  If the amount of the drug involved exceeds one          2,787        

thousand unit doses but does not exceed five thousand unit doses   2,788        

of L.S.D. in a solid form or exceeds one hundred grams but does    2,791        

not exceed five hundred grams of L.S.D. in a liquid concentrate,   2,793        

                                                          66     

                                                                 
liquid extract, or liquid distillate form and regardless of        2,794        

whether the offense was committed in the vicinity of a school or   2,795        

in the vicinity of a juvenile, trafficking in L.S.D. is a felony   2,796        

of the first degree, and the court shall impose as a mandatory     2,797        

prison term one of the prison terms prescribed for a felony of     2,798        

the first degree.                                                  2,799        

      (g)  If the amount of the drug involved exceeds five         2,802        

thousand unit doses of L.S.D. in a solid form or exceeds five      2,803        

hundred grams of L.S.D. in a liquid concentrate, liquid extract,   2,805        

or liquid distillate form and regardless of whether the offense    2,808        

was committed in the vicinity of a school or in the vicinity of a  2,809        

juvenile, trafficking in L.S.D. is a felony of the first degree,   2,812        

and the court shall impose as a mandatory prison term the maximum  2,813        

prison term prescribed for a felony of the first degree and may    2,814        

impose an additional mandatory prison term prescribed for a major  2,815        

drug offender under division (D)(3)(b) of section 2929.14 of the   2,817        

Revised Code.                                                                   

      (6)  If the drug involved in the violation is heroin or a    2,819        

compound, mixture, preparation, or substance containing heroin,    2,820        

whoever violates division (A) of this section is guilty of         2,822        

trafficking in heroin.  The penalty for the offense shall be                    

determined as follows:                                             2,823        

      (a)  Except as otherwise provided in division (C)(6)(b),     2,826        

(c), (d), (e), (f), or (g) of this section, trafficking in heroin  2,828        

is a felony of the fifth degree, and division (C) of section       2,829        

2929.13 of the Revised Code applies in determining whether to                   

impose a prison term on the offender.                              2,831        

      (b)  Except as otherwise provided in division (C)(6)(c),     2,834        

(d), (e), (f), or (g) of this section, if the offense was          2,835        

committed in the vicinity of a school or in the vicinity of a      2,838        

juvenile, trafficking in heroin is a felony of the fourth degree,  2,839        

and division (C) of section 2929.13 of the Revised Code applies    2,841        

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

      (c)  Except as otherwise provided in this division, if the   2,843        

                                                          67     

                                                                 
amount of the drug involved exceeds one gram but does not exceed   2,845        

five grams, trafficking in heroin is a felony of the fourth        2,846        

degree, and there is a presumption for a prison term for the       2,847        

offense.  If the amount of the drug involved is within that range  2,848        

and if the offense was committed in the vicinity of a school or    2,849        

in the vicinity of a juvenile, trafficking in heroin is a felony   2,850        

of the third degree, and there is a presumption for a prison term  2,851        

for the offense.                                                   2,852        

      (d)  Except as otherwise provided in this division, if the   2,854        

amount of the drug involved exceeds five grams but does not        2,856        

exceed ten grams, trafficking in heroin is a felony of the third   2,857        

degree, and there is a presumption for a prison term for the       2,858        

offense.  If the amount of the drug involved is within that range  2,859        

and if the offense was committed in the vicinity of a school or    2,860        

in the vicinity of a juvenile, trafficking in heroin is a felony   2,861        

of the second degree, and there is a presumption for a prison      2,862        

term for the offense.                                              2,863        

      (e)  Except as otherwise provided in this division, if the   2,865        

amount of the drug involved exceeds ten grams but does not exceed  2,867        

fifty grams, trafficking in heroin is a felony of the second       2,868        

degree, and the court shall impose as a mandatory prison term one  2,869        

of the prison terms prescribed for a felony of the second degree.  2,870        

If the amount of the drug involved is within that range and if     2,871        

the offense was committed in the vicinity of a school or in the    2,872        

vicinity of a juvenile, trafficking in heroin is a felony of the   2,873        

first degree, and the court shall impose as a mandatory prison     2,874        

term one of the prison terms prescribed for a felony of the first  2,875        

degree.                                                            2,876        

      (f)  If the amount of the drug involved exceeds fifty grams  2,879        

but does not exceed two hundred fifty grams and regardless of                   

whether the offense was committed in the vicinity of a school or   2,880        

in the vicinity of a juvenile, trafficking in heroin is a felony   2,882        

of the first degree, and the court shall impose as a mandatory     2,883        

prison term one of the prison terms prescribed for a felony of     2,884        

                                                          68     

                                                                 
the first degree.                                                               

      (g)  If the amount of the drug involved exceeds two hundred  2,887        

fifty grams and regardless of whether the offense was committed                 

in the vicinity of a school or in the vicinity of a juvenile,      2,888        

trafficking in heroin is a felony of the first degree, and the     2,891        

court shall impose as a mandatory prison term the maximum prison   2,892        

term prescribed for a felony of the first degree and may impose    2,893        

an additional mandatory prison term prescribed for a major drug    2,894        

offender under division (D)(3)(b) of section 2929.14 of the        2,895        

Revised Code.                                                      2,896        

      (7)  If the drug involved in the violation is hashish or a   2,898        

compound, mixture, preparation, or substance containing hashish,   2,899        

whoever violates division (A) of this section is guilty of         2,901        

trafficking in hashish.  The penalty for the offense shall be                   

determined as follows:                                             2,902        

      (a)  Except as otherwise provided in division (C)(7)(b),     2,905        

(c), (d), (e), or (f) of this section, trafficking in hashish is   2,907        

a felony of the fifth degree, and division (C) of section 2929.13  2,908        

of the Revised Code applies in determining whether to impose a     2,910        

prison term on the offender.                                                    

      (b)  Except as otherwise provided in division (C)(7)(c),     2,913        

(d), (e), or (f) of this section, if the offense was committed in  2,914        

the vicinity of a school or in the vicinity of a juvenile,         2,916        

trafficking in hashish is a felony of the fourth degree, and       2,917        

division (C) of section 2929.13 of the Revised Code applies in     2,918        

determining whether to impose a prison term on the offender.       2,919        

      (c)  Except as otherwise provided in this division, if the   2,921        

amount of the drug involved exceeds ten grams but does not exceed  2,922        

fifty grams of hashish in a solid form or exceeds two grams but    2,923        

does not exceed ten grams of hashish in a liquid concentrate,      2,924        

liquid extract, or liquid distillate form, trafficking in hashish  2,925        

is a felony of the fourth degree, and division (C) of section      2,926        

2929.13 of the Revised Code applies in determining whether to      2,927        

impose a prison term on the offender.  If the amount of the drug   2,928        

                                                          69     

                                                                 
involved is within that range and if the offense was committed in  2,929        

the vicinity of a school or in the vicinity of a juvenile,         2,930        

trafficking in hashish is a felony of the third degree, and        2,931        

division (C) of section 2929.13 of the Revised Code applies in     2,932        

determining whether to impose a prison term on the offender.                    

      (d)  Except as otherwise provided in this division, if the   2,934        

amount of the drug involved exceeds fifty grams but does not       2,935        

exceed two hundred fifty grams of hashish in a solid form or       2,936        

exceeds ten grams but does not exceed fifty grams of hashish in a  2,937        

liquid concentrate, liquid extract, or liquid distillate form,     2,938        

trafficking in hashish is a felony of the third degree, and        2,940        

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

determining whether to impose a prison term on the offender.  If   2,941        

the amount of the drug involved is within that range and if the    2,943        

offense was committed in the vicinity of a school or in the        2,944        

vicinity of a juvenile, trafficking in hashish is a felony of the  2,945        

second degree, and there is a presumption that a prison term       2,946        

shall be imposed for the offense.                                               

      (e)  Except as otherwise provided in this division, if the   2,948        

amount of the drug involved exceeds two hundred fifty grams but    2,949        

does not exceed one thousand grams of hashish in a solid form or   2,950        

exceeds fifty grams but does not exceed two hundred grams of       2,951        

hashish in a liquid concentrate, liquid extract, or liquid         2,953        

distillate form, trafficking in hashish is a felony of the third   2,954        

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

imposed for the offense.  If the amount of the drug involved is    2,955        

within that range and if the offense was committed in the          2,956        

vicinity of a school or in the vicinity of a juvenile,             2,957        

trafficking in hashish is a felony of the second degree, and       2,958        

there is a presumption that a prison term shall be imposed for     2,959        

the offense.                                                                    

      (f)  Except as otherwise provided in this division, if the   2,961        

amount of the drug involved exceeds one thousand grams of hashish  2,963        

in a solid form or exceeds two hundred grams of hashish in a       2,964        

                                                          70     

                                                                 
liquid concentrate, liquid extract, or liquid distillate form,                  

trafficking in hashish is a felony of the second degree, and the   2,966        

court shall impose as a mandatory prison term the maximum prison   2,967        

term prescribed for a felony of the second degree.  If the amount  2,968        

of the drug involved exceeds one thousand grams of hashish in a    2,970        

solid form or exceeds two hundred grams of hashish in a liquid     2,971        

concentrate, liquid extract, or liquid distillate form and if the  2,972        

offense was committed in the vicinity of a school or in the                     

vicinity of a juvenile, trafficking in hashish is a felony of the  2,974        

first degree, and the court shall impose as a mandatory prison     2,975        

term the maximum prison term prescribed for a felony of the first  2,976        

degree.                                                                         

      (D)  In addition to any prison term authorized or required   2,979        

by division (C) of this section and sections 2929.13 and 2929.14   2,980        

of the Revised Code, and in addition to any other sanction         2,981        

imposed for the offense under this section or sections 2929.11 to  2,982        

2929.18 of the Revised Code, the court that sentences an offender  2,983        

who is convicted of or pleads guilty to a violation of division    2,984        

(A) of this section shall do all of the following that are         2,986        

applicable regarding the offender:                                              

      (1)  If the violation of division (A) of this section is a   2,989        

felony of the first, second, or third degree, the court shall      2,990        

impose upon the offender the mandatory fine specified for the      2,991        

offense under division (B)(1) of section 2929.18 of the Revised    2,992        

Code unless, as specified in that division, the court determines   2,993        

that the offender is indigent.  Except as otherwise provided in    2,994        

division (H)(1) of this section, a mandatory fine or any other     2,995        

fine imposed for a violation of this section is subject to         2,996        

division (F) of this section.  If a person is charged with a       2,997        

violation of this section that is a felony of the first, second,   2,998        

or third degree, posts bail, and forfeits the bail, the clerk of   2,999        

the court shall pay the forfeited bail pursuant to divisions       3,001        

(D)(1) and (F) of this section, as if the forfeited bail was a     3,002        

fine imposed for a violation of this section.  If any amount of    3,003        

                                                          71     

                                                                 
the forfeited bail remains after that payment and if a fine is     3,004        

imposed under division (H)(1) of this section, the clerk of the    3,005        

court shall pay the remaining amount of the forfeited bail         3,006        

pursuant to divisions (H)(2) and (3) of this section, as if that   3,007        

remaining amount was a fine imposed under division (H)(1) of this               

section.                                                           3,008        

      (2)  The court shall revoke or suspend the driver's or       3,010        

commercial driver's license or permit of the offender in           3,011        

accordance with division (G) of this section.                      3,012        

      (3)  If the offender is a professionally licensed person or  3,015        

a person who has been admitted to the bar by order of the supreme  3,016        

court in compliance with its prescribed and published rules, the   3,017        

court forthwith shall comply with section 2925.38 of the Revised   3,018        

Code.                                                                           

      (E)  When a person is charged with the sale of or offer to   3,021        

sell a bulk amount or a multiple of a bulk amount of a controlled  3,022        

substance, the jury, or the court trying the accused, shall        3,024        

determine the amount of the controlled substance involved at the   3,025        

time of the offense and, if a guilty verdict is returned, shall    3,026        

return the findings as part of the verdict.  In any such case, it  3,027        

is unnecessary to find and return the exact amount of the          3,028        

controlled substance involved, and it is sufficient if the                      

finding and return is to the effect that the amount of the         3,029        

controlled substance involved is the requisite amount, or that     3,031        

the amount of the controlled substance involved is less than the   3,032        

requisite amount.                                                  3,033        

      (F)(1)  Notwithstanding any contrary provision of section    3,035        

3719.21 of the Revised Code and except as provided in division     3,036        

(H) of this section, the clerk of the court shall pay any          3,037        

mandatory fine imposed pursuant to division (D)(1) of this         3,038        

section and any fine other than a mandatory fine that is imposed   3,039        

for a violation of this section pursuant to division (A) or        3,040        

(B)(5) of section 2929.18 of the Revised Code to the county,       3,042        

township, municipal corporation, park district, as created         3,043        

                                                          72     

                                                                 
pursuant to section 511.18 or 1545.04 of the Revised Code, or      3,044        

state law enforcement agencies in this state that primarily were   3,045        

responsible for or involved in making the arrest of, and in        3,046        

prosecuting, the offender.  However, the clerk shall not pay a     3,047        

mandatory fine so imposed to a law enforcement agency unless the   3,048        

agency has adopted a written internal control policy under         3,049        

division (F)(2) of this section that addresses the use of the      3,051        

fine moneys that it receives.  Each agency shall use the           3,053        

mandatory fines so paid to subsidize the agency's law enforcement               

efforts that pertain to drug offenses, in accordance with the      3,055        

written internal control policy adopted by the recipient agency    3,056        

under division (F)(2) of this section.                             3,057        

      (2)(a)  Prior to receiving any fine moneys under division    3,059        

(F)(1) of this section or division (B)(5) of section 2925.42 of    3,060        

the Revised Code, a law enforcement agency shall adopt a written   3,061        

internal control policy that addresses the agency's use and        3,062        

disposition of all fine moneys so received and that provides for   3,063        

the keeping of detailed financial records of the receipts of       3,064        

those fine moneys, the general types of expenditures made out of   3,065        

those fine moneys, and the specific amount of each general type    3,066        

of expenditure.  The policy shall not provide for or permit the    3,067        

identification of any specific expenditure that is made in an      3,068        

ongoing investigation.  All financial records of the receipts of   3,069        

those fine moneys, the general types of expenditures made out of   3,070        

those fine moneys, and the specific amount of each general type    3,071        

of expenditure by an agency are public records open for            3,072        

inspection under section 149.43 of the Revised Code.               3,073        

Additionally, a written internal control policy adopted under      3,074        

this division is such a public record, and the agency that         3,075        

adopted it shall comply with it.                                   3,076        

      (b)  Each law enforcement agency that receives in any        3,078        

calendar year any fine moneys under division (F)(1) of this        3,079        

section or division (B)(5) of section 2925.42 of the Revised Code  3,080        

shall prepare a report covering the calendar year that cumulates   3,081        

                                                          73     

                                                                 
all of the information contained in all of the public financial    3,082        

records kept by the agency pursuant to division (F)(2)(a) of this  3,083        

section for that calendar year, and shall send a copy of the       3,084        

cumulative report, no later than the first day of March in the     3,085        

calendar year following the calendar year covered by the report,   3,086        

to the attorney general.  Each report received by the attorney     3,087        

general is a public record open for inspection under section       3,088        

149.43 of the Revised Code.  Not later than the fifteenth day of   3,090        

April in the calendar year in which the reports are received, the  3,091        

attorney general shall send to the president of the senate and     3,093        

the speaker of the house of representatives a written              3,094        

notification that does all of the following:                                    

      (i)  Indicates that the attorney general has received from   3,096        

law enforcement agencies reports of the type described in this     3,097        

division that cover the previous calendar year and indicates that  3,100        

the reports were received under this division;                     3,101        

      (ii)  Indicates that the reports are open for inspection     3,104        

under section 149.43 of the Revised Code;                          3,105        

      (iii)  Indicates that the attorney general will provide a    3,108        

copy of any or all of the reports to the president of the senate   3,109        

or the speaker of the house of representatives upon request.       3,110        

      (3)  As used in division (F) of this section:                3,113        

      (a)  "Law enforcement agencies" includes, but is not         3,115        

limited to, the state board of pharmacy and the office of a        3,116        

prosecutor.                                                        3,117        

      (b)  "Prosecutor" has the same meaning as in section         3,119        

2935.01 of the Revised Code.                                       3,120        

      (G)  When required under division (D)(2) of this section,    3,124        

the court either shall revoke or, if it does not revoke, shall     3,125        

suspend for not less than six months or more than five years, the  3,126        

driver's or commercial driver's license or permit of any person    3,128        

who is convicted of or pleads guilty to a violation of this        3,130        

section that is a felony of the first degree and shall suspend     3,131        

for not less than six months or more than five years the driver's  3,133        

                                                          74     

                                                                 
or commercial driver's license or permit of any person who is      3,135        

convicted of or pleads guilty to any other violation of this       3,136        

section.  If an offender's driver's or commercial driver's         3,137        

license or permit is revoked pursuant to this division, the        3,139        

offender, at any time after the expiration of two years from the   3,140        

day on which the offender's sentence was imposed or from the day   3,141        

on which the offender finally was released from a prison term      3,144        

under the sentence, whichever is later, may file a motion with     3,145        

the sentencing court requesting termination of the revocation;     3,146        

upon the filing of such a motion and the court's finding of good   3,147        

cause for the termination, the court may terminate the             3,148        

revocation.                                                                     

      (H)(1)  In addition to any prison term authorized or         3,151        

required by division (C) of this section and sections 2929.13 and  3,152        

2929.14 of the Revised Code, in addition to any other penalty or   3,154        

sanction imposed for the offense under this section or sections    3,155        

2929.11 to 2929.181 of the Revised Code, and in addition to the    3,156        

forfeiture of property in connection with the offense as           3,157        

prescribed in sections 2925.42 to 2925.45 of the Revised Code,     3,159        

the court that sentences an offender who is convicted of or        3,160        

pleads guilty to a violation of division (A) of this section may   3,161        

impose upon the offender an additional fine specified for the      3,162        

offense in division (B)(4) of section 2929.18 of the Revised       3,164        

Code.  A fine imposed under division (H)(1) of this section is     3,166        

not subject to division (F) of this section and shall be used      3,167        

solely for the support of one or more eligible alcohol and drug    3,168        

addiction programs in accordance with divisions (H)(2) and (3) of  3,169        

this section.                                                                   

      (2)  The court that imposes a fine under division (H)(1) of  3,172        

this section shall specify in the judgment that imposes the fine   3,173        

one or more eligible alcohol and drug addiction programs for the   3,174        

support of which the fine money is to be used.  No alcohol and     3,175        

drug addiction program shall receive or use money paid or          3,176        

collected in satisfaction of a fine imposed under division (H)(1)  3,178        

                                                          75     

                                                                 
of this section unless the program is specified in the judgment    3,179        

that imposes the fine.  No alcohol and drug addiction program      3,180        

shall be specified in the judgment unless the program is an        3,181        

eligible alcohol and drug addiction program and, except as         3,182        

otherwise provided in division (H)(2) of this section, unless the  3,184        

program is located in the county in which the court that imposes   3,185        

the fine is located or in a county that is immediately contiguous  3,186        

to the county in which that court is located.  If no eligible      3,187        

alcohol and drug addiction program is located in any of those      3,188        

counties, the judgment may specify an eligible alcohol and drug    3,189        

addiction program that is located anywhere within this state.      3,190        

      (3)  Notwithstanding any contrary provision of section       3,192        

3719.21 of the Revised Code, the clerk of the court shall pay any  3,194        

fine imposed under division (H)(1) of this section to the          3,195        

eligible alcohol and drug addiction program specified pursuant to  3,196        

division (H)(2) of this section in the judgment.  The eligible     3,197        

alcohol and drug addiction program that receives the fine moneys   3,198        

shall use the moneys only for the alcohol and drug addiction       3,199        

services identified in the application for certification under     3,200        

section 3793.06 of the Revised Code or in the application for a    3,201        

license under section 3793.11 of the Revised Code filed with the   3,203        

department of alcohol and drug addiction services by the alcohol                

and drug addiction program specified in the judgment.              3,204        

      (4)  Each alcohol and drug addiction program that receives   3,206        

in a calendar year any fine moneys under division (H)(3) of this   3,208        

section shall file an annual report covering that calendar year    3,209        

with the court of common pleas and the board of county             3,210        

commissioners of the county in which the program is located, with  3,211        

the court of common pleas and the board of county commissioners    3,212        

of each county from which the program received the moneys if that  3,213        

county is different from the county in which the program is                     

located, and with the attorney general.  The alcohol and drug      3,214        

addiction program shall file the report no later than the first    3,215        

day of March in the calendar year following the calendar year in   3,217        

                                                          76     

                                                                 
which the program received the fine moneys.  The report shall      3,218        

include statistics on the number of persons served by the alcohol  3,219        

and drug addiction program, identify the types of alcohol and      3,220        

drug addiction services provided to those persons, and include a   3,221        

specific accounting of the purposes for which the fine moneys      3,222        

received were used.  No information contained in the report shall  3,223        

identify, or enable a person to determine the identity of, any     3,224        

person served by the alcohol and drug addiction program.  Each     3,225        

report received by a court of common pleas, a board of county      3,226        

commissioners, or the attorney general is a public record open     3,227        

for inspection under section 149.43 of the Revised Code.           3,228        

      (5)  As used in divisions (H)(1) to (5) of this section:     3,230        

      (a)  "Alcohol and drug addiction program" and "alcohol and   3,233        

drug addiction services" have the same meanings as in section      3,234        

3793.01 of the Revised Code.                                                    

      (b)  "Eligible alcohol and drug addiction program" means an  3,237        

alcohol and drug addiction program that is certified under         3,238        

section 3793.06 of the Revised Code or licensed under section      3,239        

3793.11 of the Revised Code by the department of alcohol and drug  3,241        

addiction services.                                                             

      Sec. 2925.09.  (A)  No person shall administer, dispense,    3,251        

distribute, manufacture, possess, sell, or use any drug, other                  

than a controlled substance, that is not approved by the United    3,252        

States food and drug administration, or the United States          3,253        

department of agriculture, unless one of the following applies:    3,254        

      (1)  The United States food and drug administration has      3,256        

approved an application for investigational use in accordance      3,257        

with the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040     3,258        

(1938), 21 U.S.C.A. 301, as amended, and the drug is used only     3,259        

for the approved investigational use;                                           

      (2)  The United States department of agriculture has         3,261        

approved an application for investigational use in accordance      3,262        

with the federal "Virus-Serum-Toxin Act," 37 Stat. 832 (1913), 21  3,263        

U.S.C.A. as amended, 151, as amended, and the drug is used only    3,265        

                                                          77     

                                                                 
for the approved investigational use;                                           

      (3)  A practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED  3,267        

TO PRESCRIBE DRUGS, other than a veterinarian, prescribes or       3,268        

combines two or more drugs as a single product for medical         3,269        

purposes;                                                                       

      (4)  A pharmacist, pursuant to a prescription, compounds     3,271        

and dispenses two or more drugs as a single product for medical    3,272        

purposes.                                                                       

      (B)(1)  As used in this division, "dangerous drug,"          3,274        

"prescription," "sale at retail," "wholesale distributor of        3,275        

dangerous drugs," and "terminal distributor of dangerous drugs,"   3,276        

have the SAME meanings set forth AS in section 4729.02 4729.01 of  3,278        

the Revised Code.                                                               

      (2)  Except as provided in division (B)(3) of this section,  3,280        

no person shall administer, dispense, distribute, manufacture,     3,281        

possess, sell, or use any dangerous drug to or for livestock or    3,282        

any animal that is generally used for food or in the production    3,283        

of food, unless the drug is prescribed by a licensed veterinarian  3,284        

by prescription or other written order and the drug is used in     3,285        

accordance with the veterinarian's order or direction.                          

      (3)  Division (B)(2) of this section does not apply to a     3,287        

registered wholesale distributor of dangerous drugs, a licensed    3,288        

terminal distributor of dangerous drugs, or a person who           3,289        

possesses, possesses for sale, or sells, at retail, a drug in      3,290        

accordance with Chapters 3719., 4729., or 4741. of the Revised                  

Code.                                                                           

      (C)  Whoever violates division (A) or (B)(2) of this         3,292        

section is guilty of a felony of the fifth degree on a first       3,293        

offense and of a felony of the fourth degree on each subsequent    3,294        

offense.                                                                        

      Sec. 2925.11.  (A)  No person shall knowingly obtain,        3,303        

possess, or use a controlled substance.                            3,304        

      (B)  This section does not apply to any of the following:    3,306        

      (1)  Manufacturers, practitioners LICENSED HEALTH            3,308        

                                                          78     

                                                                 
PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS, pharmacists, owners   3,309        

of pharmacies, and other persons whose conduct was in accordance   3,310        

with Chapters 3719., 4715., 4729., 4731., and 4741. or section     3,312        

4723.56 of the Revised Code;                                                    

      (2)  If the offense involves an anabolic steroid, any        3,314        

person who is conducting or participating in a research project    3,315        

involving the use of an anabolic steroid if the project has been   3,316        

approved by the United States food and drug administration;        3,317        

      (3)  Any person who sells, offers for sale, prescribes,      3,319        

dispenses, or administers for livestock or other nonhuman species  3,320        

an anabolic steroid that is expressly intended for administration  3,321        

through implants to livestock or other nonhuman species and        3,322        

approved for that purpose under the "Federal Food, Drug, and       3,323        

Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,  3,324        

and is sold, offered for sale, prescribed, dispensed, or           3,325        

administered for that purpose in accordance with that act;         3,326        

      (4)  Any person who obtained the controlled substance        3,328        

pursuant to a prescription issued by a practitioner LICENSED       3,329        

HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, where the drug  3,331        

is in the original container in which it was dispensed to such     3,332        

person.                                                                         

      (C)  Whoever violates division (A) of this section is        3,334        

guilty of one of the following:                                    3,335        

      (1)  If the drug involved in the violation is a compound,    3,337        

mixture, preparation, or substance included in schedule I or II,   3,338        

with the exception of marihuana, cocaine, L.S.D., heroin, and      3,341        

hashish, whoever violates division (A) of this section is guilty   3,342        

of aggravated possession of drugs.  The penalty for the offense    3,343        

shall be determined as follows:                                                 

      (a)  Except as otherwise provided in division (C)(1)(b),     3,346        

(c), (d), or (e) of this section, aggravated possession of drugs   3,347        

is a felony of the fifth degree, and division (B) of section       3,348        

2929.13 of the Revised Code applies in determining whether to      3,349        

impose a prison term on the offender.                                           

                                                          79     

                                                                 
      (b)  If the amount of the drug involved exceeds the bulk     3,352        

amount but does not exceed five times the bulk amount, aggravated  3,353        

possession of drugs is a felony of the third degree, and there is  3,354        

a presumption for a prison term for the offense.                                

      (c)  If the amount of the drug involved exceeds five times   3,357        

the bulk amount but does not exceed fifty times the bulk amount,   3,358        

aggravated possession of drugs is a felony of the second degree,   3,359        

and the court shall impose as a mandatory prison term one of the   3,360        

prison terms prescribed for a felony of the second degree.         3,361        

      (d)  If the amount of the drug involved exceeds fifty times  3,363        

the bulk amount but does not exceed one hundred times the bulk     3,364        

amount, aggravated possession of drugs is a felony of the first    3,365        

degree, and the court shall impose as a mandatory prison term one  3,366        

of the prison terms prescribed for a felony of the first degree.   3,367        

      (e)  If the amount of the drug involved exceeds one hundred  3,369        

times the bulk amount, aggravated possession of drugs is a felony  3,370        

of the first degree, and the court shall impose as a mandatory     3,371        

prison term the maximum prison term prescribed for a felony of     3,372        

the first degree and may impose an additional mandatory prison     3,373        

term prescribed for a major drug offender under division                        

(D)(3)(b) of section 2929.14 of the Revised Code.                  3,374        

      (2)  If the drug involved in the violation is a compound,    3,376        

mixture, preparation, or substance included in schedule III, IV,   3,378        

or V, whoever violates division (A) of this section is guilty of   3,380        

possession of drugs.  The penalty for the offense shall be         3,381        

determined as follows:                                             3,382        

      (a)  Except as otherwise provided in division (C)(2)(b),     3,385        

(c), or (d) of this section, possession of drugs is a misdemeanor  3,386        

of the third degree or, if the offender previously has been        3,387        

convicted of a drug abuse offense, a misdemeanor of the second     3,388        

degree.  If the drug involved in the violation is an anabolic      3,389        

steroid included in schedule III and if the offense is a           3,390        

misdemeanor of the third degree under this division, in lieu of    3,391        

sentencing the offender to a term of imprisonment in a detention   3,392        

                                                          80     

                                                                 
facility, the court may place the offender on conditional          3,393        

probation pursuant to division (F) of section 2951.02 of the       3,395        

Revised Code.                                                      3,396        

      (b)  If the amount of the drug involved exceeds the bulk     3,399        

amount but does not exceed five times the bulk amount, possession  3,400        

of drugs is a felony of the fourth degree, and division (C) of     3,401        

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   3,402        

      (c)  If the amount of the drug involved exceeds five times   3,405        

the bulk amount but does not exceed fifty times the bulk amount,   3,406        

possession of drugs is a felony of the third degree, and there is  3,407        

a presumption for a prison term for the offense.                                

      (d)  If the amount of the drug involved exceeds fifty times  3,410        

the bulk amount, possession of drugs is a felony of the second     3,411        

degree, and the court shall impose upon the offender as a          3,412        

mandatory prison term one of the prison terms prescribed for a     3,413        

felony of the second degree.                                                    

      (3)  If the drug involved in the violation is marihuana or   3,415        

a compound, mixture, preparation, or substance containing          3,416        

marihuana other than hashish, whoever violates division (A) of     3,418        

this section is guilty of possession of marihuana.  The penalty    3,419        

for the offense shall be determined as follows:                    3,420        

      (a)  Except as otherwise provided in division (C)(3)(b),     3,423        

(c), (d), (e), or (f) of this section, possession of marihuana is  3,424        

a minor misdemeanor.                                               3,425        

      (b)  If the amount of the drug involved equals or exceeds    3,428        

one hundred grams but does not exceed two hundred grams,           3,429        

possession of marihuana is a misdemeanor of the fourth degree.     3,430        

      (c)  If the amount of the drug involved exceeds two hundred  3,433        

grams but does not exceed one thousand grams, possession of        3,434        

marihuana is a felony of the fifth degree, and division (B) of     3,435        

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   3,437        

      (d)  If the amount of the drug involved exceeds one          3,440        

                                                          81     

                                                                 
thousand grams but does not exceed five thousand grams,                         

possession of marihuana is a felony of the third degree, and       3,441        

division (C) of section 2929.13 of the Revised Code applies in     3,442        

determining whether to impose a prison term on the offender.       3,443        

      (e)  If the amount of the drug involved exceeds five         3,446        

thousand grams but does not exceed twenty thousand grams,                       

possession of marihuana is a felony of the third degree, and       3,447        

there is a presumption that a prison term shall be imposed for     3,448        

the offense.                                                       3,449        

      (f)  If the amount of the drug involved exceeds twenty       3,452        

thousand grams, possession of marihuana is a felony of the second  3,453        

degree, and the court shall impose as a mandatory prison term the  3,454        

maximum prison term prescribed for a felony of the second degree.  3,455        

      (4)  If the drug involved in the violation is cocaine or a   3,458        

compound, mixture, preparation, or substance containing cocaine,   3,459        

whoever violates division (A) of this section is guilty of         3,460        

possession of cocaine.  The penalty for the offense shall be       3,461        

determined as follows:                                                          

      (a)  Except as otherwise provided in division (C)(4)(b),     3,464        

(c), (d), (e), or (f) of this section, possession of cocaine is a  3,465        

felony of the fifth degree, and division (B) of section 2929.13    3,466        

of the Revised Code applies in determining whether to impose a     3,467        

prison term on the offender.                                                    

      (b)  If the amount of the drug involved exceeds five grams   3,470        

but does not exceed twenty-five grams of cocaine that is not                    

crack cocaine or exceeds one gram but does not exceed five grams   3,472        

of crack cocaine, possession of cocaine is a felony of the fourth  3,473        

degree, and there is a presumption for a prison term for the       3,474        

offense.                                                                        

      (c)  If the amount of the drug involved exceeds twenty-five  3,477        

grams but does not exceed one hundred grams of cocaine that is     3,478        

not crack cocaine or exceeds five grams but does not exceed ten    3,480        

grams of crack cocaine, possession of cocaine is a felony of the   3,481        

third degree, and the court shall impose as a mandatory prison     3,482        

                                                          82     

                                                                 
term one of the prison terms prescribed for a felony of the third  3,483        

degree.                                                                         

      (d)  If the amount of the drug involved exceeds one hundred  3,486        

grams but does not exceed five hundred grams of cocaine that is    3,487        

not crack cocaine or exceeds ten grams but does not exceed         3,489        

twenty-five grams of crack cocaine, possession of cocaine is a     3,490        

felony of the second degree, and the court shall impose as a       3,491        

mandatory prison term one of the prison terms prescribed for a     3,492        

felony of the second degree.                                                    

      (e)  If the amount of the drug involved exceeds five         3,495        

hundred grams but does not exceed one thousand grams of cocaine    3,496        

that is not crack cocaine or exceeds twenty-five grams but does    3,498        

not exceed one hundred grams of crack cocaine, possession of                    

cocaine is a felony of the first degree, and the court shall       3,500        

impose as a mandatory prison term one of the prison terms          3,501        

prescribed for a felony of the first degree.                                    

      (f)  If the amount of the drug involved exceeds one          3,504        

thousand grams of cocaine that is not crack cocaine or exceeds     3,505        

one hundred grams of crack cocaine, possession of cocaine is a     3,506        

felony of the first degree, and the court shall impose as a        3,507        

mandatory prison term the maximum prison term prescribed for a     3,508        

felony of the first degree and may impose an additional mandatory  3,509        

prison term prescribed for a major drug offender under division    3,510        

(D)(3)(b) of section 2929.14 of the Revised Code.                  3,512        

      (5)  If the drug involved in the violation is L.S.D.,        3,515        

whoever violates division (A) of this section is guilty of         3,516        

possession of L.S.D.  The penalty for the offense shall be         3,518        

determined as follows:                                                          

      (a)  Except as otherwise provided in division (C)(5)(b),     3,521        

(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    3,522        

of the Revised Code applies in determining whether to impose a     3,523        

prison term on the offender.                                                    

      (b)  If the amount of L.S.D. involved exceeds ten unit       3,525        

                                                          83     

                                                                 
doses but does not exceed fifty unit doses of L.S.D. in a solid    3,527        

form or exceeds one gram but does not exceed five grams of L.S.D.  3,528        

in a liquid concentrate, liquid extract, or liquid distillate      3,529        

form, possession of L.S.D. is a felony of the fourth degree, and   3,532        

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

determining whether to impose a prison term on the offender.       3,533        

      (c)  If the amount of L.S.D. involved exceeds fifty unit     3,536        

doses, but does not exceed two hundred fifty unit doses of L.S.D.  3,538        

in a solid form or exceeds five grams but does not exceed          3,539        

twenty-five grams of L.S.D. in a liquid concentrate, liquid        3,540        

extract, or liquid distillate form, possession of L.S.D. is a      3,541        

felony of the third degree, and there is a presumption for a       3,542        

prison term for the offense.                                                    

      (d)  If the amount of L.S.D. involved exceeds two hundred    3,545        

fifty unit doses but does not exceed one thousand unit doses of    3,547        

L.S.D. in a solid form or exceeds twenty-five grams but does not   3,548        

exceed one hundred grams of L.S.D. in a liquid concentrate,                     

liquid extract, or liquid distillate form, possession of L.S.D.    3,550        

is a felony of the second degree, and the court shall impose as a  3,551        

mandatory prison term one of the prison terms prescribed for a     3,552        

felony of the second degree.                                       3,553        

      (e)  If the amount of L.S.D. involved exceeds one thousand   3,556        

unit doses but does not exceed five thousand unit doses of L.S.D.  3,558        

in a solid form or exceeds one hundred grams but does not exceed   3,559        

five hundred grams of L.S.D. in a liquid concentrate, liquid       3,560        

extract, or liquid distillate form, possession of L.S.D. is a      3,561        

felony of the first degree, and the court shall impose as a        3,562        

mandatory prison term one of the prison terms prescribed for a     3,563        

felony of the first degree.                                                     

      (f)  If the amount of L.S.D. involved exceeds five thousand  3,566        

unit doses of L.S.D. in a solid form or exceeds five hundred       3,569        

grams of L.S.D. in a liquid concentrate, liquid extract, or        3,570        

liquid distillate form, possession of L.S.D. is a felony of the    3,572        

first degree, and the court shall impose as a mandatory prison     3,573        

                                                          84     

                                                                 
term the maximum prison term prescribed for a felony of the first  3,574        

degree and may impose an additional mandatory prison term          3,575        

prescribed for a major drug offender under division (D)(3)(b) of   3,576        

section 2929.14 of the Revised Code.                               3,577        

      (6)  If the drug involved in the violation is heroin or a    3,579        

compound, mixture, preparation, or substance containing heroin,    3,580        

whoever violates division (A) of this section is guilty of         3,582        

possession of heroin.  The penalty for the offense shall be                     

determined as follows:                                             3,583        

      (a)  Except as otherwise provided in division (C)(6)(b),     3,586        

(c), (d), (e), or (f) of this section, possession of heroin is a   3,587        

felony of the fifth degree, and division (B) of section 2929.13    3,588        

of the Revised Code applies in determining whether to impose a     3,589        

prison term on the offender.                                                    

      (b)  If the amount of the drug involved exceeds one gram     3,592        

but does not exceed five grams, possession of heroin is a felony   3,593        

of the fourth degree, and division (C) of section 2929.13 of the   3,594        

Revised Code applies in determining whether to impose a prison                  

term on the offender.                                              3,595        

      (c)  If the amount of the drug involved exceeds five grams   3,598        

but does not exceed ten grams, possession of heroin is a felony    3,599        

of the third degree, and there is a presumption for a prison term  3,600        

for the offense.                                                                

      (d)  If the amount of the drug involved exceeds ten grams    3,603        

but does not exceed fifty grams, possession of heroin is a felony  3,604        

of the second degree, and the court shall impose as a mandatory    3,605        

prison term one of the prison terms prescribed for a felony of     3,606        

the second degree.                                                              

      (e)  If the amount of the drug involved exceeds fifty grams  3,609        

but does not exceed two hundred fifty grams, possession of heroin  3,610        

is a felony of the first degree, and the court shall impose as a   3,611        

mandatory prison term one of the prison terms prescribed for a     3,612        

felony of the first degree.                                                     

      (f)  If the amount of the drug involved exceeds two hundred  3,615        

                                                          85     

                                                                 
fifty grams, possession of heroin is a felony of the first         3,616        

degree, and the court shall impose as a mandatory prison term the  3,617        

maximum prison term prescribed for a felony of the first degree    3,618        

and may impose an additional mandatory prison term prescribed for  3,619        

a major drug offender under division (D)(3)(b) of section 2929.14  3,620        

of the Revised Code.                                               3,621        

      (7)  If the drug involved in the violation is hashish or a   3,623        

compound, mixture, preparation, or substance containing hashish,   3,624        

whoever violates division (A) of this section is guilty of         3,626        

possession of hashish.  The penalty for the offense shall be                    

determined as follows:                                             3,627        

      (a)  Except as otherwise provided in division (C)(7)(b),     3,630        

(c), (d), (e), or (f) of this section, possession of hashish is a  3,631        

minor misdemeanor.                                                              

      (b)  If the amount of the drug involved equals or exceeds    3,633        

five grams but does not exceed ten grams of hashish in a solid     3,634        

form or equals or exceeds one gram but does not exceed two grams   3,635        

of hashish in a liquid concentrate, liquid extract, or liquid      3,636        

distillate form, possession of hashish is a misdemeanor of the     3,637        

fourth degree.                                                                  

      (c)  If the amount of the drug involved exceeds ten grams    3,640        

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    3,641        

liquid concentrate, liquid extract, or liquid distillate form,     3,642        

possession of hashish is a felony of the fifth degree, and         3,643        

division (B) of section 2929.13 of the Revised Code applies in     3,644        

determining whether to impose a prison term on the offender.       3,646        

      (d)  If the amount of the drug involved exceeds fifty grams  3,649        

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       3,650        

hashish in a liquid concentrate, liquid extract, or liquid         3,651        

distillate form, possession of hashish is a felony of the third    3,652        

degree, and division (C) of section 2929.13 of the Revised Code    3,653        

applies in determining whether to impose a prison term on the      3,654        

                                                          86     

                                                                 
offender.                                                                       

      (e)  If the amount of the drug involved exceeds two hundred  3,657        

fifty grams but does not exceed one thousand grams of hashish in                

a solid form or exceeds fifty grams but does not exceed two        3,658        

hundred grams of hashish in a liquid concentrate, liquid extract,  3,659        

or liquid distillate form, possession of hashish is a felony of    3,660        

the third degree, and there is a presumption that a prison term    3,661        

shall be imposed for the offense.                                               

      (f)  If the amount of the drug involved exceeds one          3,664        

thousand grams of hashish in a solid form or exceeds two hundred                

grams of hashish in a liquid concentrate, liquid extract, or       3,665        

liquid distillate form, possession of hashish is a felony of the   3,666        

second degree, and the court shall impose as a mandatory prison    3,667        

term the maximum prison term prescribed for a felony of the        3,668        

second degree.                                                     3,669        

      (D)  Arrest or conviction for a minor misdemeanor violation  3,671        

of this section does not constitute a criminal record and need     3,672        

not be reported by the person so arrested or convicted in          3,673        

response to any inquiries about the person's criminal record,      3,674        

including any inquiries contained in any application for           3,675        

employment, license, or other right or privilege, or made in       3,676        

connection with the person's appearance as a witness.              3,677        

      (E)  In addition to any prison term authorized or required   3,680        

by division (C) of this section and sections 2929.13 and 2929.14   3,681        

of the Revised Code and in addition to any other sanction that is  3,682        

imposed for the offense under this section or sections 2929.11 to  3,683        

2929.18 of the Revised Code, the court that sentences an offender  3,686        

who is convicted of or pleads guilty to a violation of division    3,687        

(A) of this section shall do all of the following that are         3,688        

applicable regarding the offender:                                              

      (1)(a)  If the violation is a felony of the first, second,   3,691        

or third degree, the court shall impose upon the offender the      3,692        

mandatory fine specified for the offense under division (B)(1) of  3,693        

section 2929.18 of the Revised Code unless, as specified in that   3,694        

                                                          87     

                                                                 
division, the court determines that the offender is indigent.      3,695        

      (b)  Notwithstanding any contrary provision of section       3,697        

3719.21 of the Revised Code, the clerk of the court shall pay a    3,699        

mandatory fine or other fine imposed for a violation of this       3,700        

section pursuant to division (A) of section 2929.18 of the         3,701        

Revised Code in accordance with and subject to the requirements                 

of division (F) of section 2925.03 of the Revised Code.  The       3,702        

agency that receives the fine shall use the fine as specified in   3,703        

division (F) of section 2925.03 of the Revised Code.               3,704        

      (c)  If a person is charged with a violation of this         3,706        

section that is a felony of the first, second, or third degree,    3,707        

posts bail, and forfeits the bail, the clerk shall pay the         3,708        

forfeited bail pursuant to division (E)(1)(b) of this section as   3,709        

if it were a mandatory fine imposed under division (E)(1)(a) of    3,710        

this section.                                                                   

      (2)  The court shall suspend for not less than six months    3,712        

or more than five years the driver's or commercial driver's        3,713        

license or permit of any person who is convicted of or has         3,714        

pleaded guilty to a violation of this section.                                  

      (3)  If the offender is a professionally licensed person or  3,716        

a person who has been admitted to the bar by order of the supreme  3,718        

court in compliance with its prescribed and published rules, in    3,719        

addition to any other sanction imposed for a violation of this     3,720        

section, the court forthwith shall comply with section 2925.38 of  3,721        

the Revised Code.                                                               

      (F)  It is an affirmative defense, as provided in section    3,723        

2901.05 of the Revised Code, to a charge of a fourth degree        3,724        

felony violation under this section that the controlled substance  3,725        

that gave rise to the charge is in an amount, is in a form, is     3,728        

prepared, compounded, or mixed with substances that are not        3,730        

controlled substances in a manner, or is possessed under any       3,731        

other circumstances, that indicate that the substance was          3,732        

possessed solely for personal use.  Notwithstanding any contrary   3,734        

provision of this section, if, in accordance with section 2901.05  3,735        

                                                          88     

                                                                 
of the Revised Code, an accused who is charged with a fourth       3,736        

degree felony violation of division (C)(2), (4), (5), or (6) of    3,737        

this section sustains the burden of going forward with evidence    3,738        

of and establishes by a preponderance of the evidence the          3,739        

affirmative defense described in this division, the accused may    3,740        

be prosecuted for and may plead guilty to or be convicted of a     3,741        

misdemeanor violation of division (C)(2) of this section or a      3,742        

fifth degree felony violation of division (C)(4), (5), or (6) of   3,743        

this section respectively.                                         3,744        

      (G)  When a person is charged with possessing a bulk amount  3,746        

or multiple of a bulk amount, division (E) of section 2925.03 of   3,748        

the Revised Code applies regarding the determination of the        3,749        

amount of the controlled substance involved at the time of the     3,750        

offense.                                                                        

      Sec. 2925.12.  (A)  No person shall knowingly make, obtain,  3,759        

possess, or use any instrument, article, or thing the customary    3,760        

and primary purpose of which is for the administration or use of   3,761        

a dangerous drug, other than marihuana, when the instrument        3,762        

involved is a hypodermic or syringe, whether or not of crude or    3,763        

extemporized manufacture or assembly, and the instrument,          3,764        

article, or thing involved has been used by the offender to        3,765        

unlawfully administer or use a dangerous drug, other than          3,766        

marihuana, or to prepare a dangerous drug, other than marihuana,   3,767        

for unlawful administration or use.                                3,768        

      (B)  This section does not apply to manufacturers,           3,770        

practitioners LICENSED HEALTH PROFESSIONALS AUTHORIZED TO          3,771        

PRESCRIBE DRUGS, pharmacists, owners of pharmacies, and other      3,772        

persons whose conduct was in accordance with Chapters 3719.,       3,774        

4715., 4729., 4731., and 4741. or section 4723.56 of the Revised   3,775        

Code.                                                                           

      (C)  Whoever violates this section is guilty of possessing   3,777        

drug abuse instruments, a misdemeanor of the second degree.  If    3,778        

the offender previously has been convicted of a drug abuse         3,779        

offense, a violation of this section is a misdemeanor of the       3,780        

                                                          89     

                                                                 
first degree.                                                      3,781        

      (D)  In addition to any other sanction imposed for a         3,783        

violation of this section, the court shall suspend for not less    3,784        

than six months or more than five years the driver's or            3,785        

commercial driver's license or permit of any person who is         3,786        

convicted of or has pleaded guilty to a violation of this          3,787        

section.  If the offender is a professionally licensed person or   3,788        

a person who has been admitted to the bar by order of the supreme  3,789        

court in compliance with its prescribed and published rules, in    3,790        

addition to any other sanction imposed for a violation of this     3,791        

section, the court forthwith shall comply with section 2925.38 of  3,792        

the Revised Code.                                                               

      Sec. 2925.14.  (A)  As used in this section, "drug           3,801        

paraphernalia" means any equipment, product, or material of any    3,802        

kind that is used by the offender, intended by the offender for    3,803        

use, or designed for use, in propagating, cultivating, growing,    3,804        

harvesting, manufacturing, compounding, converting, producing,     3,805        

processing, preparing, testing, analyzing, packaging,              3,806        

repackaging, storing, containing, concealing, injecting,           3,807        

ingesting, inhaling, or otherwise introducing into the human       3,808        

body, a controlled substance in violation of this chapter.  "Drug  3,809        

paraphernalia" includes, but is not limited to, any of the         3,810        

following equipment, products, or materials that are used by the   3,811        

offender, intended by the offender for use, or designed by the     3,812        

offender for use, in any of the following manners:                 3,813        

      (1)  A kit for propagating, cultivating, growing, or         3,815        

harvesting any species of a plant that is a controlled substance   3,816        

or from which a controlled substance can be derived;               3,817        

      (2)  A kit for manufacturing, compounding, converting,       3,819        

producing, processing, or preparing a controlled substance;        3,820        

      (3)  An isomerization device for increasing the potency of   3,822        

any species of a plant that is a controlled substance;             3,823        

      (4)  Testing equipment for identifying, or analyzing the     3,825        

strength, effectiveness, or purity of, a controlled substance;     3,826        

                                                          90     

                                                                 
      (5)  A scale or balance for weighing or measuring a          3,828        

controlled substance;                                              3,829        

      (6)  A diluent or adulterant, such as quinine                3,831        

hydrochloride, mannitol, mannite, dextrose, or lactose, for        3,832        

cutting a controlled substance;                                    3,833        

      (7)  A separation gin or sifter for removing twigs and       3,835        

seeds from, or otherwise cleaning or refining, marihuana;          3,836        

      (8)  A blender, bowl, container, spoon, or mixing device     3,838        

for compounding a controlled substance;                            3,839        

      (9)  A capsule, balloon, envelope, or container for          3,841        

packaging small quantities of a controlled substance;              3,842        

      (10)  A container or device for storing or concealing a      3,844        

controlled substance;                                              3,845        

      (11)  A hypodermic syringe, needle, or instrument for        3,847        

parenterally injecting a controlled substance into the human       3,848        

body;                                                              3,849        

      (12)  An object, instrument, or device for ingesting,        3,851        

inhaling, or otherwise introducing into the human body,            3,852        

marihuana, cocaine, hashish, or hashish oil, such as a metal,      3,854        

wooden, acrylic, glass, stone, plastic, or ceramic pipe, with or   3,855        

without a screen, permanent screen, hashish head, or punctured     3,856        

metal bowl; water pipe; carburetion tube or device; smoking or     3,857        

carburetion mask; roach clip or similar object used to hold        3,858        

burning material, such as a marihuana cigarette, that has become   3,859        

too small or too short to be held in the hand; miniature cocaine   3,860        

spoon, or cocaine vial; chamber pipe; carburetor pipe; electric    3,861        

pipe; air driver pipe; chillum; bong; or ice pipe or chiller.      3,862        

      (B)  In determining if an object is drug paraphernalia, a    3,864        

court or law enforcement officer shall consider, in addition to    3,865        

other relevant factors, the following:                             3,866        

      (1)  Any statement by the owner, or by anyone in control,    3,868        

of the object, concerning its use;                                 3,869        

      (2)  The proximity in time or space of the object, or of     3,871        

the act relating to the object, to a violation of any provision    3,872        

                                                          91     

                                                                 
of this chapter;                                                   3,873        

      (3)  The proximity of the object to any controlled           3,875        

substance;                                                                      

      (4)  The existence of any residue of a controlled substance  3,877        

on the object;                                                                  

      (5)  Direct or circumstantial evidence of the intent of the  3,879        

owner, or of anyone in control, of the object, to deliver it to    3,880        

any person whom the owner or person in control of the object       3,881        

knows intends to use the object to facilitate a violation of any   3,882        

provision of this chapter.  A finding that the owner, or anyone    3,883        

in control, of the object, is not guilty of a violation of any     3,884        

other provision of this chapter does not prevent a finding that    3,885        

the object was intended or designed by the offender for use as     3,886        

drug paraphernalia.                                                             

      (6)  Any oral or written instruction provided with the       3,888        

object concerning its use;                                         3,889        

      (7)  Any descriptive material accompanying the object and    3,891        

explaining or depicting its use;                                   3,892        

      (8)  National or local advertising concerning the use of     3,894        

the object;                                                        3,895        

      (9)  The manner and circumstances in which the object is     3,897        

displayed for sale;                                                3,898        

      (10)  Direct or circumstantial evidence of the ratio of the  3,900        

sales of the object to the total sales of the business             3,901        

enterprise;                                                        3,902        

      (11)  The existence and scope of legitimate uses of the      3,904        

object in the community;                                           3,905        

      (12)  Expert testimony concerning the use of the object.     3,907        

      (C)(1)  No person shall knowingly use, or possess with       3,909        

purpose to use, drug paraphernalia.                                3,910        

      (2)  No person shall knowingly sell, or possess or           3,912        

manufacture with purpose to sell, drug paraphernalia, if the       3,913        

person knows or reasonably should know that the equipment,         3,914        

product, or material will be used as drug paraphernalia.           3,915        

                                                          92     

                                                                 
      (3)  No person shall place an advertisement in any           3,917        

newspaper, magazine, handbill, or other publication that is        3,918        

published and printed and circulates primarily within this state,  3,919        

if the person knows that the purpose of the advertisement is to    3,920        

promote the illegal sale in this state of the equipment, product,  3,921        

or material that the offender intended or designed for use as      3,922        

drug paraphernalia.                                                             

      (D)  This section does not apply to manufacturers,           3,924        

practitioners LICENSED HEALTH PROFESSIONALS AUTHORIZED TO          3,925        

PRESCRIBE DRUGS, pharmacists, owners of pharmacies, and other      3,926        

persons whose conduct is in accordance with Chapters 3719.,        3,927        

4715., 4729., 4731., and 4741. or section 4723.56 of the Revised   3,929        

Code.  This section shall not be construed to prohibit the         3,930        

possession or use of a hypodermic as authorized by section         3,931        

3719.172 of the Revised Code.                                                   

      (E)  Notwithstanding sections 2933.42 and 2933.43 of the     3,933        

Revised Code, any drug paraphernalia that was used, possessed,     3,934        

sold, or manufactured in a violation of this section shall be      3,935        

seized, after a conviction for that violation shall be forfeited,  3,936        

and upon forfeiture shall be disposed of pursuant to division      3,937        

(D)(8) of section 2933.41 of the Revised Code.                     3,938        

      (F)(1)  Whoever violates division (C)(1) of this section is  3,940        

guilty of illegal use or possession of drug paraphernalia, a       3,941        

misdemeanor of the fourth degree.                                  3,942        

      (2)  Except as provided in division (F)(3) of this section,  3,944        

whoever violates division (C)(2) of this section is guilty of      3,945        

dealing in drug paraphernalia, a misdemeanor of the second         3,946        

degree.                                                            3,947        

      (3)  Whoever violates division (C)(2) of this section by     3,949        

selling drug paraphernalia to a juvenile is guilty of selling      3,950        

drug paraphernalia to juveniles, a misdemeanor of the first        3,951        

degree.                                                            3,952        

      (4)  Whoever violates division (C)(3) of this section is     3,954        

guilty of illegal advertising of drug paraphernalia, a             3,955        

                                                          93     

                                                                 
misdemeanor of the second degree.                                  3,956        

      (G)  In addition to any other sanction imposed for a         3,958        

violation of this section, the court shall suspend for not less    3,959        

than six months or more than five years the driver's or            3,960        

commercial driver's license or permit of any person who is         3,961        

convicted of or has pleaded guilty to a violation of this          3,962        

section.  If the offender is a professionally licensed person or   3,963        

a person who has been admitted to the bar by order of the supreme  3,964        

court in compliance with its prescribed and published rules, in    3,965        

addition to any other sanction imposed for a violation of this     3,966        

section, the court forthwith shall comply with section 2925.38 of  3,967        

the Revised Code.                                                               

      Sec. 2925.23.  (A)  No person shall knowingly make a false   3,976        

statement in any prescription, order, report, or record required   3,977        

by Chapter 3719. or 4729. of the Revised Code.                     3,978        

      (B)  No person shall intentionally make, utter, or sell, or  3,980        

knowingly possess a false or forged:                               3,981        

      (1)  Prescription;                                           3,983        

      (2)  Uncompleted preprinted prescription blank used for      3,985        

writing a prescription;                                            3,986        

      (3)  Official written order;                                 3,988        

      (4)  License for a terminal distributor of dangerous drugs   3,990        

as required in section 4729.60 of the Revised Code;                3,991        

      (5)  Registration certificate for a wholesale distributor    3,993        

of dangerous drugs as required in section 4729.60 of the Revised   3,994        

Code.                                                              3,995        

      (C)  No person, by theft as defined in section 2913.02 of    3,997        

the Revised Code, shall acquire any of the following:              3,998        

      (1)  A prescription;                                         4,000        

      (2)  An uncompleted preprinted prescription blank used for   4,002        

writing a prescription;                                            4,003        

      (3)  An official written order;                              4,005        

      (4)  A blank official written order;                         4,007        

      (5)  A license or blank license for a terminal distributor   4,009        

                                                          94     

                                                                 
of dangerous drugs as required in section 4729.60 of the Revised   4,010        

Code;                                                              4,011        

      (6)  A registration certificate or blank registration        4,013        

certificate for a wholesale distributor of dangerous drugs as      4,014        

required in section 4729.60 of the Revised Code.                   4,015        

      (D)  No person shall knowingly make or affix any false or    4,017        

forged label to a package or receptacle containing any dangerous   4,018        

drugs.                                                             4,019        

      (E)  Divisions (A) and (D) of this section do not apply to   4,021        

practitioners LICENSED HEALTH PROFESSIONALS AUTHORIZED TO          4,022        

PRESCRIBE DRUGS, pharmacists, owners of pharmacies, and other      4,023        

persons whose conduct is in accordance with Chapters 3719.,        4,024        

4715., 4725., 4729., 4731., and 4741. of the Revised Code or       4,025        

section 4723.56 of the Revised Code.                               4,026        

      (F)  Whoever violates this section is guilty of illegal      4,028        

processing of drug documents.  The penalty for the offense shall   4,029        

be determined as follows:                                          4,030        

      (1)  If the drug involved is a compound, mixture,            4,032        

preparation, or substance included in schedule I or II, with the   4,033        

exception of marihuana, illegal processing of drug documents is a  4,034        

felony of the fourth degree, and division (C) of section 2929.13   4,035        

of the Revised Code applies in determining whether to impose a     4,036        

prison term on the offender.                                                    

      (2)  If the drug involved is a dangerous drug or a           4,038        

compound, mixture, preparation, or substance included in schedule  4,039        

III, IV, or V or is marihuana, illegal processing of drug          4,040        

documents is a felony of the fifth degree, and division (C) of     4,041        

section 2929.13 of the Revised Code applies in determining         4,042        

whether to impose a prison term on the offender.                                

      (G)  In addition to any prison term authorized or required   4,044        

by division (F) of this section and sections 2929.13 and 2929.14   4,045        

of the Revised Code and in addition to any other sanction imposed  4,046        

for the offense under this section or sections 2929.11 to 2929.18  4,047        

of the Revised Code, the court that sentences an offender who is   4,048        

                                                          95     

                                                                 
convicted of or pleads guilty to any violation of divisions (A)    4,049        

to (D) of this section shall do both of the following:                          

      (1)  The court shall suspend for not less than six months    4,052        

or more than five years the driver's or commercial driver's        4,053        

license or permit of any person who is convicted of or has         4,054        

pleaded guilty to a violation of this section.                                  

      (2)  If the offender is a professionally licensed person or  4,056        

a person who has been admitted to the bar by order of the supreme  4,057        

court in compliance with its prescribed and published rules, in    4,058        

addition to any other sanction imposed for a violation of this     4,059        

section, the court forthwith shall comply with section 2925.38 of  4,060        

the Revised Code.                                                               

      (H)  Notwithstanding any contrary provision of section       4,062        

3719.21 of the Revised Code, the clerk of court shall pay a fine   4,063        

imposed for a violation of this section pursuant to division (A)   4,064        

of section 2929.18 of the Revised Code in accordance with and      4,065        

subject to the requirements of division (F) of section 2925.03 of  4,066        

the Revised Code.  The agency that receives the fine shall use     4,067        

the fine as specified in division (F) of section 2925.03 of the    4,068        

Revised Code.                                                                   

      Sec. 2925.50.  If a violation of this chapter is a           4,077        

violation of THE federal narcotic DRUG ABUSE CONTROL laws, as      4,078        

defined in section 3719.01 of the Revised Code, a conviction or    4,080        

acquittal under THE federal narcotic DRUG ABUSE CONTROL laws for   4,081        

the same act is a bar to prosecution in this state.                4,082        

      Sec. 2927.24.  (A)  As used in this section, "poison" and    4,091        

"drug" have the same meanings:                                     4,092        

      (1)  "POISON" HAS THE SAME MEANING AS IN SECTION 3719.01 OF  4,094        

THE REVISED CODE.                                                               

      (2)  "DRUG" HAS THE SAME MEANING as in section 4729.02       4,096        

4729.01 of the Revised Code.                                       4,097        

      (B)  Except as provided in division (D) of this section, no  4,099        

person shall knowingly mingle a poison or other harmful substance  4,100        

with a food, drink, nonprescription drug, prescription drug, or    4,101        

                                                          96     

                                                                 
pharmaceutical product, or knowingly place a poison or other       4,102        

harmful substance in a spring, well, reservoir, or public water    4,103        

supply, if the person knows or has reason to know that the food,   4,104        

drink, nonprescription drug, prescription drug, pharmaceutical     4,105        

product, or water may be ingested or used by another person.  For  4,106        

purposes of this division, a person does not know or have reason   4,107        

to know that water may be ingested or used by another person if    4,108        

it is disposed of as waste into a household drain including the    4,109        

drain of a toilet, sink, tub, or floor.                            4,110        

      (C)  No person shall inform another person that a poison or  4,112        

other harmful substance has been or will be placed in a food,      4,113        

drink, nonprescription drug, prescription drug, or other           4,114        

pharmaceutical product, spring, well, reservoir, or public water   4,115        

supply, if the placement of the poison or other harmful substance  4,116        

would be a violation of division (B) of this section, and the      4,117        

person knows both that the information is false and that the       4,118        

information likely will be disseminated to the public.             4,119        

      (D)(1)  A person may mingle a drug with a food or drink for  4,121        

the purpose of causing the drug to be ingested or used in the      4,122        

quantity described by its labeling or prescription.                4,123        

      (2)  A person may place a poison or other harmful substance  4,125        

in a spring, well, reservoir, or public water supply in such       4,126        

quantity as is necessary to treat the spring, well, reservoir, or  4,127        

water supply to make it safe for human consumption and use.        4,128        

      (3)  The provisions of division (A) of this section shall    4,130        

not be applied in a manner that conflicts with any other state or  4,131        

federal law or rule relating to substances permitted to be         4,132        

applied to or present in any food, raw or processed, any milk or   4,133        

milk product, any meat or meat product, any type of crop, water,   4,134        

or alcoholic or nonalcoholic beverage.                             4,135        

      (E)(1)  Whoever violates division (B) of this section is     4,137        

guilty of contaminating a substance for human consumption or use,  4,138        

a felony of the first degree.  If the offense involved an amount   4,139        

of poison or other harmful substance sufficient to cause death if  4,140        

                                                          97     

                                                                 
ingested or used by a person or if the offense resulted in         4,141        

serious physical harm to another person, whoever violates          4,142        

division (B) of this section is guilty of an aggravated felony of  4,143        

the first degree and shall be imprisoned for life.                 4,144        

      (2)  Whoever violates division (C) of this section is        4,146        

guilty of spreading a false report of contamination, a felony of   4,147        

the fourth degree.                                                 4,148        

      Sec. 3313.713.  (A)  As used in this section:                4,158        

      (1)  "Drug prescribed by a physician" means a drug           4,160        

described in section 4729.02 4729.01 of the Revised Code that is   4,162        

to be administered pursuant to the instructions of the             4,163        

prescribing physician, whether or not required by law to be sold   4,164        

only upon a prescription.                                          4,165        

      (2)  "Federal law" means the "Education For All Handicapped  4,167        

Children Act of 1975," 89 Stat. 775, 20 U.S.C. 1401, as amended.   4,168        

      (B)  The board of education of each city, local, exempted    4,170        

village, and joint vocational school district, shall not later     4,171        

than one hundred twenty days after the effective date of this      4,172        

section, adopt a policy on the authority of its employees, when    4,173        

acting in situations other than those governed by sections         4,174        

2305.23, 2305.231, and 3313.712 of the Revised Code, to            4,175        

administer drugs prescribed by physicians to students enrolled in  4,176        

the schools of the district.  The policy shall provide either      4,177        

that:                                                              4,178        

      (1)  Except as otherwise required by federal law, no person  4,180        

employed by the board shall, in the course of such employment,     4,181        

administer any drug prescribed by a physician to any student       4,182        

enrolled in the schools of the district.                           4,183        

      (2)  Designated persons employed by the board are            4,185        

authorized to administer to a student a drug prescribed by a       4,186        

physician for the student.  Except as otherwise provided by        4,187        

federal law, the board's policy may provide that certain drugs or  4,188        

types of drugs shall not be administered or that no employee, or   4,189        

no employee without appropriate training, shall use certain        4,190        

                                                          98     

                                                                 
procedures, such as injection, to administer a drug to a student.  4,191        

      (C)  No drug prescribed by a physician for a student shall   4,193        

be administered pursuant to federal law or a policy adopted under  4,194        

division (B) of this section until the following occur:            4,195        

      (1)  The board, or a person designated by the board,         4,197        

receives a written request, signed by the parent, guardian, or     4,198        

other person having care or charge of the student, that the drug   4,199        

be administered to the student.                                    4,200        

      (2)  The board, or a person designated by the board,         4,202        

receives a statement, signed by the physician who prescribed the   4,203        

drug, that includes all of the following information:              4,204        

      (a)  The name and address of the student;                    4,206        

      (b)  The school and class in which the student is enrolled;  4,208        

      (c)  The name of the drug and the dosage to be               4,210        

administered;                                                      4,211        

      (d)  The times or intervals at which each dosage of the      4,213        

drug is to be administered;                                        4,214        

      (e)  The date the administration of the drug is to begin;    4,216        

      (f)  The date the administration of the drug is to cease;    4,218        

      (g)  Any severe adverse reactions that should be reported    4,220        

to the physician and one or more phone numbers at which the        4,221        

physician can be reached in an emergency;                          4,222        

      (h)  Special instructions for administration of the drug,    4,224        

including sterile conditions and storage.                          4,225        

      (3)  The parent, guardian, or other person having care or    4,227        

charge of the student agrees to submit a revised statement signed  4,228        

by the physician who prescribed the drug to the board or a person  4,229        

designated by the board if any of the information provided by the  4,230        

physician pursuant to division (C)(2) of this section changes.     4,231        

      (4)  The person authorized by the board to administer the    4,233        

drug receives a copy of the statement required by division (C)(2)  4,234        

or (3) of this section.                                            4,235        

      (5)  The drug is received by the person authorized to        4,237        

administer the drug to the student for whom the drug is            4,238        

                                                          99     

                                                                 
prescribed it in the container in which it was dispensed by the    4,240        

prescribing physician or a licensed pharmacist.                                 

      (6)  Any other procedures required by the board are          4,242        

followed.                                                          4,243        

      (D)  If a drug prescribed by a physician is administered to  4,245        

a student, the board of education shall acquire and retain copies  4,246        

of the written requests required by division (C)(1) and the        4,247        

statements required by divisions (C)(2) and (3) of this section    4,248        

and shall ensure that by the next school day following the         4,249        

receipt of any such statement a copy is given to the person        4,250        

authorized to administer drugs to the student for whom the         4,251        

statement has been received.  The board, or a person designated    4,252        

by the board, shall establish a location in each school building   4,253        

for the storage of drugs to be administered under this section     4,254        

and federal law.  All such drugs shall be stored in that location  4,255        

in a locked storage place, except that drugs that require          4,256        

refrigeration may be kept in a refrigerator in a place not         4,257        

commonly used by students.                                         4,258        

      (E)  No person who has been authorized by a board of         4,260        

education to administer a drug and has a copy of the most recent   4,261        

statement required by division (C)(2) or (3) of this section       4,262        

given to him THE PERSON in accordance with division (D) of this    4,263        

section prior to administering the drug is liable in civil         4,264        

damages for administering or failing to administer the drug,       4,265        

unless such person acts in a manner that constitutes gross         4,266        

negligence or wanton or reckless misconduct.                       4,267        

      (F)  Whenever a board of education is required to designate  4,269        

a person or persons to perform any function or functions in        4,270        

connection with a drug policy adopted under this section, the      4,271        

board may designate such persons either by name or by position,    4,272        

training, qualifications, or similar distinguishing factors.       4,273        

      Nothing in this section shall be construed to require a      4,275        

person employed by a board of education to administer a drug to a  4,276        

student unless the board's policy adopted in compliance with this  4,277        

                                                          100    

                                                                 
section establishes such a requirement.  A board shall not         4,278        

require an employee to administer a drug to a student if the       4,279        

employee objects, on the basis of religious convictions, to        4,280        

administering the drug.                                            4,281        

      A policy adopted by a board of education pursuant to this    4,283        

section may be changed, modified, or revised by action of the      4,284        

board.                                                             4,285        

      Nothing in this section affects the application of section   4,287        

2305.23, 2305.231, or 3313.712 of the Revised Code to the          4,288        

administration of emergency care or treatment to a student.        4,289        

      Sec. 3701.33.  The public health council shall consist of    4,298        

the following seven members to be appointed by the governor:       4,299        

      (A)  Three physicians who are licensed to practice medicine  4,302        

in the state;                                                                   

      (B)  A pharmacist who has been granted a certificate IS      4,304        

LICENSED to practice pharmacy in the state;                        4,306        

      (C)  A registered nurse who is licensed to practice nursing  4,308        

as a registered nurse in the state;                                4,309        

      (D)  A sanitarian who holds a valid certificate of           4,311        

registration as a sanitarian issued under section 4736.11 of the   4,312        

Revised Code;                                                                   

      (E)  A member of the public who is not associated with or    4,315        

financially interested in the practice of medicine, nursing,       4,316        

pharmacy, or environmental health and is at least sixty years of   4,317        

age.                                                                            

      Terms of office shall be for seven years, commencing on the  4,319        

first day of July and ending on the thirtieth day of June.  Each   4,320        

member shall hold office from the date of appointment until the    4,321        

end of the term for which the member was appointed.  Any member    4,322        

appointed to fill a vacancy occurring prior to the expiration of   4,324        

the term for which the member's predecessor was appointed shall    4,325        

hold office for the remainder of such term.  Any member shall      4,326        

continue in office subsequent to the expiration date of the        4,327        

member's term until a THE MEMBER'S successor takes office, or      4,328        

                                                          101    

                                                                 
until a period of sixty days has elapsed, whichever occurs first.  4,330        

      The council shall meet four times each year and may meet at  4,333        

such other times as the business of the council requires.  The     4,334        

time and place for holding regular meetings shall be fixed in the  4,335        

bylaws of the council.  Special meetings may be called upon the    4,336        

request of any four members of the council or upon request of the  4,337        

director of health, and may be held at any place considered        4,338        

advisable by the council or director.  Four members of the         4,339        

council constitute a quorum for the transaction of business.  The  4,340        

council, on or before the first day of July of each year, shall    4,341        

designate the member who shall act as its chairman CHAIRPERSON     4,342        

for the ensuing year.  The director, upon request of the council,  4,344        

shall detail an officer or employee of the department of health    4,345        

to act as secretary of the council, and shall detail such other    4,346        

employees as the council requires.                                              

      The members of the council shall be paid the rate            4,348        

established pursuant to division (J) of section 124.15 of the      4,349        

Revised Code while in conference and shall be reimbursed their     4,350        

necessary and reasonable traveling and other expenses incurred in  4,351        

the performance of their regular duties.                           4,352        

      Sec. 3709.161.  (A)  The board of health of a city or        4,361        

general health district may procure a policy or policies of        4,362        

insurance insuring the members of the board, the health            4,363        

commissioner, and the employees of the board against liability on  4,364        

account of damage or injury to persons and property resulting      4,365        

from any act or omission that occurs in the individual's official  4,367        

capacity as a member or employee of the board or resulting solely  4,368        

out of such membership or employment.                              4,369        

      (B)(1)  As used in this division, "health care               4,371        

professional" means all of the following:                          4,372        

      (a)  A dentist or dental hygienist licensed under Chapter    4,375        

4715. of the Revised Code;                                                      

      (b)  A registered nurse or licensed practical nurse          4,377        

licensed under Chapter 4723. of the Revised Code;                  4,378        

                                                          102    

                                                                 
      (c)  A person authorized LICENSED under Chapter 4729. of     4,380        

the Revised Code to practice as a pharmacist;                      4,382        

      (d)  A person authorized under Chapter 4730. of the Revised  4,384        

Code to practice as a physician assistant;                         4,385        

      (e)  A person authorized under Chapter 4731. of the Revised  4,388        

Code to practice medicine and surgery, osteopathic medicine and    4,389        

surgery, or podiatry;                                                           

      (f)  A psychologist licensed under Chapter 4732. of the      4,392        

Revised Code;                                                                   

      (g)  A veterinarian licensed under Chapter 4741. of the      4,394        

Revised Code;                                                                   

      (h)  A speech-language pathologist or audiologist licensed   4,396        

under Chapter 4753. of the Revised Code;                           4,397        

      (i)  An occupational therapist, physical therapist,          4,399        

physical therapist assistant, or athletic trainer licensed under   4,400        

Chapter 4755. of the Revised Code;                                 4,401        

      (j)  A professional clinical counselor, professional         4,403        

counselor, independent social worker, or social worker licensed    4,404        

under Chapter 4757. of the Revised Code;                           4,405        

      (k)  A dietician licensed under Chapter 4759. of the         4,407        

Revised Code.                                                                   

      (2)  The board of health of a city or general health         4,409        

district may purchase liability insurance for a health care        4,410        

professional with whom the board contracts for the provision of    4,411        

health care services against liability on account of damage or     4,412        

injury to persons and property arising from the health care        4,413        

professional's performance of services under the contract.  The    4,414        

policy shall be purchased from an insurance company licensed to    4,415        

do business in this state, if such a policy is available from      4,416        

such a company.  The board of health of a city or general health   4,417        

district shall report the cost of the liability insurance policy   4,418        

and subsequent increases in the cost to the director of health on  4,419        

a form prescribed by the director.                                 4,420        

      Sec. 3715.01.  (A)  As used in sections 3715.01 to 3715.72   4,429        

                                                          103    

                                                                 
of the Revised Code THIS CHAPTER:                                  4,430        

      (1)  "Director" means the director of agriculture.           4,432        

      (2)  "Board of pharmacy" means the board of pharmacy as      4,434        

defined in and established by section 4729.01 of the Revised       4,435        

Code.                                                              4,436        

      (3)  "Public health council" means the public health         4,438        

council as defined in and established by section 3701.33 of the    4,439        

Revised Code.                                                      4,440        

      (4)(2)  "Person" means an individual, partnership,           4,442        

corporation, or association.                                       4,443        

      (5)(3)  "Food" means:                                        4,445        

      (a)  Articles used for food or drink for humans or animals;  4,448        

      (b)  Chewing gum;                                            4,450        

      (c)  Articles used for components of any such articles.      4,452        

      (6)(4)  "Drug" means:                                        4,454        

      (a)  Articles recognized in the official United States       4,456        

pharmacopoeia, AND national formulary, or any supplement TO THEM;  4,458        

      (b)  Articles intended for use in the diagnosis, cure,       4,460        

mitigation, treatment, or prevention of disease in humans or       4,461        

animals;                                                           4,462        

      (c)  Articles, other than food, intended to affect the       4,464        

structure or any function of the body of humans or other animals;  4,466        

      (d)  Articles intended for use as a component of any such    4,468        

OF THE FOREGOING articles but does not include, OTHER THAN         4,470        

devices or their components, parts, or accessories.                4,472        

      (7)(5)  "Device," except when used in division (B)(1) of     4,474        

this section and in division (B)(A)(10) of section 3715.52,        4,475        

division (F) of section 3715.60, division (A)(5) of section        4,477        

3715.64, and division (C) of section 3715.67 of the Revised Code,  4,478        

means any instrument, apparatus, implement, machine, contrivance,  4,479        

implant, in vitro reagent, or other similar or related article,    4,480        

including any component, part, or accessory, that is any of the    4,481        

following:                                                                      

      (a)  Recognized in an official compendium THE UNITED STATES  4,484        

                                                          104    

                                                                 
PHARMACOPOEIA AND NATIONAL FORMULARY, OR ANY SUPPLEMENT TO THEM;   4,485        

      (b)  Intended for use in the diagnosis of disease or other   4,487        

conditions, or in the cure, mitigation, treatment, or prevention   4,488        

of disease in humans or other animals;                             4,489        

      (c)  Intended to affect the structure or any function of     4,491        

the body of humans or animals, and that does not achieve any of    4,495        

its principal intended purposes through chemical action within or  4,496        

on the body of humans or animals and is not dependent upon being   4,498        

metabolized for the achievement of any of its principal intended   4,499        

purposes.                                                                       

      (8)(6)  "Cosmetic" means:                                    4,501        

      (a)  Articles intended to be rubbed, poured, sprinkled, or   4,503        

sprayed on, introduced into, or otherwise applied to the human     4,504        

body or any part thereof for cleansing, beautifying, promoting     4,505        

attractiveness, or altering the appearance;                        4,506        

      (b)  Articles intended for use as a component of any such    4,508        

article, except that such term "COSMETIC" does not include soap.   4,510        

      (9)  "Official compendium" means the official United States  4,512        

pharmacopoeia, national formulary, or any supplement.              4,513        

      (10)(7)  "Label" means a display of written, printed, or     4,515        

graphic matter upon the immediate container, exclusive of package  4,516        

liners, of any articles ARTICLE.                                   4,517        

      Any word, statement, or other information required by        4,519        

sections 3715.01 to 3715.72 of the Revised Code THIS CHAPTER to    4,520        

appear on the label must appear on the outside container or        4,522        

wrapper, if any, of the retail package of such THE article, or     4,523        

such THE label must be easily legible through the outside          4,525        

container or wrapper.                                                           

      (11)(8)  "Labeling" means all labels and other written,      4,527        

printed, or graphic matter:                                        4,528        

      (a)  Upon an article or any of its containers or wrappers;   4,530        

      (b)  Accompanying such article.                              4,532        

      (12)(9)  "Advertisement" means all representations           4,534        

disseminated in any manner or by any means, other than by          4,535        

                                                          105    

                                                                 
labeling, for the purpose of inducing, or which THAT are likely    4,536        

to induce, directly or indirectly, the purchase of food, drugs,    4,538        

devices, or cosmetics.                                             4,539        

      (13)(10)  "New drug" means:                                  4,541        

      (a)  Any drug the composition of which is such that such     4,543        

THE drug is not generally recognized among experts qualified by    4,544        

scientific training and experience to evaluate the safety of       4,545        

drugs, as safe for use under the conditions prescribed,            4,546        

recommended, or suggested in the labeling thereof;                 4,547        

      (b)  Any drug the composition of which is such that such     4,549        

THE drug, as a result of investigation to determine its safety     4,550        

for use under such conditions, has become so recognized, but       4,551        

which THAT has not, otherwise OTHER than in such investigations    4,553        

AN INVESTIGATION, been used to a material extent or for a          4,555        

material time under such conditions.                                            

      (14)(11)  "Contaminated with filth" applies to any food,     4,557        

drug, device, or cosmetic THAT HAS not BEEN protected as far as    4,558        

may be necessary by all reasonable means from dust, dirt, and all  4,560        

foreign or injurious substances.                                   4,561        

      (15)  "Federal act" means the "Federal Food, Drug and        4,563        

Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended.  4,564        

      (16)(12)  "Honey" means the nectar and saccharine exudation  4,566        

of plants that has been gathered, modified, and stored in a        4,567        

honeycomb by honeybees.                                            4,568        

      (17)(13)  "Finished dosage form" means the form of a drug    4,570        

that is, or is intended to be, dispensed or administered to        4,571        

humans or animals and requires no further manufacturing or         4,572        

processing other than packaging, reconstituting, or labeling.      4,573        

      (18)(14)(a)  "Manufacture" means the planting, cultivating,  4,575        

harvesting, processing, making, preparing, or otherwise engaging   4,576        

in any part of the production of a dangerous drug by propagating,  4,577        

compounding, converting, or processing, either directly or         4,578        

indirectly by extracting from substances of natural origin, or     4,579        

independently by means of chemical synthesis, or by a combination  4,580        

                                                          106    

                                                                 
of extraction and chemical synthesis, and includes any THE         4,581        

FOLLOWING:                                                         4,582        

      (i)  ANY packaging or repackaging of the drug or labeling    4,585        

or relabeling of its container, THE PROMOTION AND MARKETING OF     4,586        

THE DRUG, and other activities incident to production, except      4,588        

that this term;                                                    4,589        

      (ii)  THE PREPARATION AND PROMOTION OF COMMERCIALLY          4,591        

AVAILABLE PRODUCTS FROM BULK COMPOUNDS FOR RESALE BY PHARMACIES,   4,592        

LICENSED HEALTH PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS, OR    4,593        

OTHER PERSONS.                                                                  

      (b)  "MANUFACTURE" does not include the preparation,         4,595        

compounding, packaging, or labeling of a dangerous drug by a       4,597        

pharmacist as an incident to dispensing EITHER OF THE FOLLOWING:   4,598        

      (i)  DISPENSING a dangerous drug in the usual course of      4,600        

professional practice;                                             4,601        

      (ii)  PROVIDING A LICENSED HEALTH PROFESSIONAL AUTHORIZED    4,603        

TO PRESCRIBE DRUGS WITH A DRUG FOR THE PURPOSE OF ADMINISTERING    4,604        

TO PATIENTS OR FOR USING THE DRUG IN TREATING PATIENTS IN THE      4,605        

PROFESSIONAL'S OFFICE.                                                          

      (19)(15)  "Dangerous drug" has the SAME meaning given AS in  4,608        

division (D) of section 4729.02 4729.01 of the Revised Code.       4,609        

      (20)(16)  "Generically equivalent drug" means a drug that    4,611        

contains identical amounts of the identical active ingredients in  4,612        

the identical dosage forms, but not necessarily containing the     4,613        

same inactive ingredients, that meets the identical compendial or  4,614        

other applicable standard of identity, strength, quality, and      4,615        

purity, including potency, and where applicable, content           4,616        

uniformity, disintegration times, or dissolution rates, as the     4,617        

prescribed brand name drug and the manufacturer or distributor     4,618        

holds, if applicable, either an approved new drug application or   4,619        

an approved abbreviated new drug application unless other          4,620        

approval by law or from the federal food and drug administration   4,621        

is required.                                                       4,622        

      No drug shall be considered a generically equivalent drug    4,624        

                                                          107    

                                                                 
for the purposes of sections 3715.01 to 3715.72 of the Revised     4,625        

Code THIS CHAPTER if it has been listed by the federal food and    4,626        

drug administration as having proven bioequivalence problems.      4,628        

      (17)  "LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE  4,630        

DRUGS" AND "PRESCRIBER" HAVE THE SAME MEANINGS AS IN SECTION       4,631        

4729.01 OF THE REVISED CODE.                                                    

      (B)  For the purposes of sections 3715.52 to 3715.72 of the  4,633        

Revised Code:                                                      4,634        

      (1)  If an article is alleged to be misbranded because the   4,636        

labeling is misleading, or if an advertisement is alleged to be    4,637        

false because it is misleading, then in determining whether the    4,638        

labeling or advertisement is misleading, there shall be taken      4,639        

into account, among other things, not only representations made    4,640        

or suggested by statement, word, design, device, sound, or in any  4,641        

combination thereof, but also the extent to which the labeling or  4,642        

advertisement fails to reveal facts material in the light of such  4,643        

representations or material with respect to consequence which may  4,644        

result from the use of the article to which the labeling or        4,645        

advertisement relates under the conditions of use prescribed in    4,646        

the labeling or advertisement thereof or under such conditions of  4,647        

use as are customary or usual.                                     4,648        

      (2)  The provisions regarding the selling of food, drugs,    4,650        

devices, or cosmetics include the manufacture, production,         4,651        

processing, packing, exposure, offer, possession, and holding of   4,652        

any such article for sale; and the sale, dispensing, and giving    4,653        

of any such article, and the supplying or applying of any such     4,654        

articles in the conduct of any food, drug, or cosmetic             4,655        

establishment, but.  THE PROVISIONS do not prohibit the            4,657        

administering or dispensing of a drug or device by a member of     4,659        

the medical, dental, or veterinary profession in good faith in     4,660        

the course of professional practice only A LICENSED HEALTH         4,661        

PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS FROM ADMINISTERING OR   4,662        

PERSONALLY FURNISHING A DRUG OR DEVICE TO A PATIENT.               4,663        

      (3)  The representation of a drug, in its labeling or        4,665        

                                                          108    

                                                                 
advertisement, as an antiseptic is a representation that it is a   4,666        

germicide, except in the case of a drug purporting to be, or       4,667        

represented as, an antiseptic for inhibitory use as a wet          4,668        

dressing, ointment, dusting powder, or such other use as THAT      4,670        

involves prolonged contact with the body.                                       

      (4)  Whenever jurisdiction is vested in the director OF      4,672        

AGRICULTURE or the STATE board of pharmacy, the jurisdiction of    4,674        

the board of pharmacy shall be limited to the sale, offering for   4,676        

sale, giving away, delivery, or dispensing in any manner of drugs  4,677        

at the wholesale and retail levels or to the consumer and shall    4,678        

be exclusive in the case of such sale, offering for sale, giving   4,679        

away, delivery, or dispensing in any manner of drugs at the        4,680        

wholesale and retail levels or to the consumer in any place where  4,681        

prescriptions are dispensed or compounded.                         4,682        

      (C)(5)  To assist in effectuating the provisions of THOSE    4,685        

sections 3715.52 to 3715.72 of the Revised Code, the director OF   4,686        

AGRICULTURE or STATE board of pharmacy may request assistance or   4,688        

data from any government or private agency or individual.          4,689        

      Sec. 3715.03.  The director of agriculture, in the           4,698        

performance of his PERFORMING duties UNDER THIS CHAPTER, may       4,700        

enter a creamery, factory, store salesroom, drugstore PHARMACY,    4,701        

laboratory, or other place where he THE DIRECTOR believes or has   4,702        

reason to believe drugs, food, or drink is made, prepared,         4,704        

dispensed, sold, or offered for sale; examine the books therein;   4,705        

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      4,706        

examine THE CONTENTS or cause THEM to be examined and analyzed     4,708        

the contents thereof.                                                           

      Sec. 3715.52.  (A)  As used in sections 3715.52 to 3715.72   4,717        

of the Revised Code, "practitioner" has the same meaning as in     4,718        

section 4729.02 of the Revised Code.                               4,719        

      (B)  The following acts and causing them are prohibited:     4,721        

      (1)  The manufacture, sale, or delivery, holding or          4,723        

offering for sale of any food, drug, device, or cosmetic that is   4,724        

                                                          109    

                                                                 
adulterated or misbranded;                                         4,725        

      (2)  The adulteration or misbranding of any food, drug,      4,727        

device, or cosmetic;                                               4,728        

      (3)  The receipt in commerce of any food, drug, device, or   4,730        

cosmetic that is adulterated or misbranded, and the delivery or    4,731        

proffered delivery thereof for pay or otherwise;                   4,732        

      (4)  The sale, delivery for sale, holding for sale, or       4,734        

offering for sale of any article in violation of section 3715.61   4,735        

or 3715.65 of the Revised Code;                                    4,736        

      (5)  The dissemination of any false advertisement;           4,738        

      (6)  The refusal to permit entry or inspection, or to        4,740        

permit the taking of a sample, as authorized by section 3715.70    4,741        

of the Revised Code;                                               4,742        

      (7)  The giving of a guaranty or undertaking which guaranty  4,744        

or undertaking THAT is false, except by a person who relied on a   4,745        

guaranty or undertaking to the same effect signed by, and          4,746        

containing the name and address of the person residing in this     4,747        

state from whom the person received in good faith the food, drug,  4,749        

device, or cosmetic;                                               4,750        

      (8)  The removal or disposal of a detained or embargoed      4,752        

article in violation of section 3715.55 of the Revised Code;       4,753        

      (9)  The alteration, mutilation, destruction, obliteration,  4,755        

or removal of the whole or any part of the labeling of, or the     4,756        

doing of any other act with respect to a food, drug, device, or    4,757        

cosmetic, if such THE act is done while such THE article is held   4,759        

for sale and results in such THE article being misbranded;         4,760        

      (10)  Forging, counterfeiting, simulating, or falsely        4,762        

representing, or without proper authority using any mark, stamp,   4,763        

tag, label, or other identification device authorized or required  4,764        

by regulations promulgated under RULES ADOPTED PURSUANT TO         4,765        

sections 3715.52 to 3715.72 of the Revised Code;                   4,767        

      (11)  The using, on the labeling of any drug or in any       4,769        

advertisement relating to such A drug, of any representation or    4,770        

suggestion that any application with respect to such THE drug is   4,771        

                                                          110    

                                                                 
effective under section 3715.65 of the Revised Code or that such   4,772        

THE drug complies with the provisions of such THAT section;        4,774        

      (12)  The sale, offering for sale, giving away, or delivery  4,776        

at retail or to the consumer without a prescription from a         4,777        

practitioner of any drug which under federal or Ohio law can be    4,778        

sold only on prescription;                                         4,779        

      (13)  The using by any person to the person's own            4,781        

advantage, or revealing, other than to the director of             4,782        

agriculture or to the courts when relevant in any judicial         4,783        

proceeding under sections 3715.52 to 3715.72 of the Revised Code,  4,784        

any information acquired under authority of sections 3715.01 and   4,785        

3715.52 to 3715.72 of the Revised Code, concerning any             4,786        

information which THAT as a trade secret is entitled to            4,787        

protection;                                                                     

      (14)(13)  The issuance by the manufacturer, packer, or       4,789        

distributor of a dangerous drug of any advertisements,             4,790        

catalogues, or price lists, except those lists specifically        4,791        

designed for disseminating price change information, that do not   4,792        

contain in clearly legible form the name and place of business of  4,793        

the manufacturer who mixed the final ingredients and if            4,794        

different, the manufacturer who produced the drug in its finished  4,795        

dosage form and, if different, the packer or distributor.          4,796        

      (C)(B)(1)  No person at a flea market shall sell, offer for  4,798        

sale, or knowingly permit the sale of any of the following         4,799        

products:                                                          4,800        

      (a)  Baby food, infant formula, or similar products;         4,803        

      (b)  Any drug, cosmetic, or device;                          4,805        

      (c)  Any product on which is printed or stamped an           4,807        

expiration date or a date recommended by the manufacturer as       4,808        

either the last day on which the product should be offered for     4,809        

sale or the last day on which the product should be used.          4,810        

      (2)  Division (C)(B)(1) of this section does not apply to a  4,813        

person who keeps available for public inspection an                4,814        

identification card identifying the person as an authorized        4,815        

                                                          111    

                                                                 
representative of the manufacturer or distributor of any drug,     4,816        

cosmetic, or device, as long as the card is not false,             4,818        

fraudulent, or fraudulently obtained.                                           

      (3)  Division (C)(B)(1)(c) of this section does not apply    4,821        

to a person or governmental entity that is licensed as a food      4,822        

service operation under Chapter 3732. of the Revised Code or is    4,823        

listed in division (A)(9) or (12) of section 3732.01 of the        4,824        

Revised Code.                                                                   

      (4)  As used in division (C)(B)(1) of this section, "flea    4,827        

market" means any location, other than a permanent retail store,                

at which space is rented or otherwise made available to others     4,828        

for the conduct of business as transient or limited vendors as     4,829        

defined in section 5739.17 of the Revised Code.                    4,830        

      Sec. 3715.53.  In addition to the remedies provided and      4,839        

irrespective of whether or not there exists an adequate remedy at  4,840        

law, the director of agriculture or the STATE board of pharmacy    4,841        

is hereby authorized to apply to the court of common pleas in the  4,843        

county wherein any of the provisions of section 3715.52 of the     4,844        

Revised Code are being violated for a temporary or permanent                    

injunction restraining any person from such COMMITTING THE         4,845        

violation.                                                         4,846        

      Sec. 3715.54.  (A)  No person shall be subject to the        4,855        

penalties prescribed in section 3715.99 of the Revised Code for    4,856        

violating division (B)(A)(1) or (3) of section 3715.52 of the      4,858        

Revised Code if he THE PERSON established a guaranty or            4,859        

undertaking signed by, and containing the name and address of,     4,860        

the person residing in this state from whom he THE PERSON          4,862        

received in good faith the article, to the effect that such THE    4,864        

article is not adulterated or misbranded within the meaning of     4,866        

sections 3715.01 and 3715.52 to 3715.72 of the Revised Code.                    

      (B)  No publisher, radio-broadcast licensee, or agency or    4,868        

medium for the dissemination of an advertisement, except the       4,869        

manufacturer, packer, distributor, or seller of the article to     4,870        

which a false advertisement relates, shall be liable under this    4,871        

                                                          112    

                                                                 
section by reason of the dissemination by him of such A false      4,872        

advertisement.                                                                  

      Sec. 3715.55.  (A)  As used in this section, "expired"       4,882        

means:                                                                          

      (1)  In the case of a drug, that the expiration date         4,884        

required by 21 C.F.R. 211.137 has passed;                          4,885        

      (2)  In the case of infant formula, the "use by" date        4,887        

required by 21 C.F.R. 107.20 has passed;                           4,890        

      (3)  In the case of baby food, that any expiration date,     4,892        

"use by" date, or sale date established by state or federal law    4,893        

or marked on the container by the manufacturer, processor, or      4,894        

packager has passed.                                               4,895        

      (B)  Whenever the director of agriculture or the STATE       4,898        

board of pharmacy finds or has cause to believe, that any food,    4,899        

drug, device, or cosmetic is adulterated, or so misbranded as to   4,900        

be dangerous or fraudulent, within the meaning of sections                      

3715.01 and 3715.52 to 3715.72 of the Revised Code, or that a      4,902        

drug, infant formula, or baby food is expired, the director or     4,903        

board shall affix to such THE article a tag or other appropriate   4,904        

marking, giving notice that such THE article is, or is suspected   4,905        

of being, adulterated, misbranded, or expired and has been         4,908        

detained or embargoed, and warning all persons not to remove or    4,909        

dispose of such THE article by sale or otherwise until permission  4,910        

for removal or disposal is given by the director or the board or   4,912        

the court.  No person may remove or dispose of such A detained or  4,913        

embargoed article by sale or otherwise without such permission.    4,914        

      (C)  When an article detained or embargoed has been found    4,916        

by the director or the board of pharmacy to be adulterated,        4,917        

misbranded, or expired, the director or board shall petition the   4,919        

municipal or county court in whose jurisdiction the article is     4,920        

detained or embargoed for an order for condemnation of such THE    4,921        

article.  When the director or the board has not found within ten  4,923        

days that an article so detained or embargoed is adulterated,      4,924        

misbranded, or expired, the director or board shall remove the     4,926        

                                                          113    

                                                                 
tag or other marking.                                                           

      (D)  If the court finds that a detained or embargoed         4,928        

article is adulterated, misbranded, or expired, such THE article   4,930        

shall, after entry of the decree, be destroyed at the expense of   4,931        

the claimant thereof, under the supervision of the director or     4,932        

the board, and all court costs, fees, storage, and other proper    4,933        

expenses shall be taxed against the claimant of such THE article   4,934        

or the claimant's agent; provided, that when the adulteration or   4,937        

misbranding can be corrected by proper labeling or processing of   4,939        

the article, the court, after entry of the decree and after such   4,940        

costs, fees, and expenses have been paid and a good and            4,941        

sufficient bond, conditioned that such THE article shall be so     4,942        

labeled or processed, has been executed, may by order direct that  4,944        

such THE article be delivered to the claimant thereof for such     4,945        

labeling or processing under the supervision of the director or    4,946        

the board.  The expense of such supervision shall be paid by the   4,947        

claimant.  Such THE bond shall be returned to the claimant of the  4,949        

article on representation to the court by the director or the      4,950        

board that the article is no longer in violation of sections       4,952        

3715.01 and 3715.52 to 3715.72 of the Revised Code, and that the   4,954        

expenses of such supervision have been paid.                                    

      (E)  Whenever the director finds in any room, building,      4,956        

vehicle of transportation, or other structure, any meat, sea       4,957        

food, poultry, vegetable, fruit, or other perishable articles      4,958        

which THAT are unsound, or contain any filthy, decomposed, or      4,959        

putrid substance, or which THAT may be poisonous or deleterious    4,961        

to health or otherwise unsafe, such THE articles are declared to   4,963        

be a nuisance, and the director shall forthwith condemn or         4,965        

destroy the same ARTICLES, or in any other manner render the same  4,967        

ARTICLES unsalable as human food.                                  4,968        

      Sec. 3715.56.  The attorney general, prosecuting attorney,   4,977        

or city director of law to whom the director of agriculture or     4,978        

the STATE board of pharmacy reports any violation of sections      4,980        

3715.01 and 3715.52 to 3715.72 of the Revised Code, shall cause    4,981        

                                                          114    

                                                                 
appropriate proceedings to be instituted in the proper court                    

without delay and to be prosecuted in the manner required by law.  4,982        

Before THE DIRECTOR OF AGRICULTURE, BEFORE REPORTING any           4,983        

violation of sections 3715.01 and 3715.52 to 3715.72 of the        4,984        

Revised Code, is reported to any such attorney for the             4,985        

institution of a criminal proceeding, SHALL GIVE the person        4,986        

against whom the proceeding is contemplated shall be given         4,987        

appropriate notice and an opportunity to present his views         4,988        

TESTIMONY before the director or the board of pharmacy, either     4,989        

orally or in writing, in person, or by attorney, with regard to    4,990        

the contemplated proceeding.                                                    

      Sec. 3715.57.  Nothing in sections 3715.01 and 3715.52 to    4,999        

3715.72, inclusive, of the Revised Code, shall be construed as     5,001        

requiring the director of agriculture or the STATE board of        5,002        

pharmacy to report minor violations for the institution of         5,004        

proceedings under sections 3715.01 and 3715.52 to 3715.72,                      

inclusive, of the Revised Code, whenever the director or the       5,005        

board of pharmacy believes that the public interest will be        5,007        

adequately served in the circumstances by a suitable written       5,008        

notice or warning.                                                              

      Sec. 3715.59.  Food is adulterated within the meaning of     5,017        

sections 3715.01, 3715.02, and 3715.52 to 3715.72 of the Revised   5,019        

Code, if ANY OF THE FOLLOWING APPLY:                                            

      (A)  It bears or contains any poisonous or deleterious       5,021        

substance which THAT may render it injurious to health; but in     5,023        

case the substance is not an added substance, such THE food shall  5,024        

not be considered adulterated if the quantity of such THE          5,026        

substance in such THE food does not ordinarily render it           5,027        

injurious to health.                                                            

      (B)  It bears or contains any added poisonous or added       5,029        

deleterious substance which THAT is unsafe within the meaning of   5,030        

section 3715.62 of the Revised Code.                               5,031        

      (C)  It consists in whole or in part of a diseased,          5,033        

contaminated, filthy, putrid, or decomposed substance, or if it    5,034        

                                                          115    

                                                                 
is otherwise unfit for food.                                                    

      (D)  It has been produced, processed, prepared, packed, or   5,036        

held under insanitary UNSANITARY conditions whereby it may have    5,037        

become contaminated with filth, or whereby it may have been        5,039        

rendered diseased, unwholesome, or injurious to health.            5,040        

      (E)  It is the product of a diseased animal or an animal     5,042        

which THAT has died otherwise than by slaughter, or AN ANIMAL      5,044        

that has been fed upon the uncooked offal from a slaughterhouse.   5,046        

      (F)  Its container is composed, in whole or in part, of any  5,048        

poisonous or deleterious substance which THAT may render the       5,049        

contents injurious to health.                                      5,050        

      (G)  Any valuable constituent has been, in whole or in       5,052        

part, omitted or abstracted therefrom FROM THE FOOD.               5,053        

      (H)  Any substance has been substituted wholly or in part    5,055        

therefor FOR THE FOOD.                                             5,056        

      (I)  Damage or inferiority has been concealed in any         5,058        

manner.                                                                         

      (J)  Any substance has been added thereto TO or mixed or     5,060        

packed therewith WITH THE FOOD so as to increase its bulk or       5,062        

weight, or reduce its quality or strength, or make it appear       5,064        

better or of greater value than it is.                                          

      (K)  It is confectionery, and it bears or contains any       5,066        

alcohol or nonnutritive article or substance except OTHER THAN     5,068        

harmless coloring, harmless flavoring, harmless resinous glaze     5,070        

not in excess of four-tenths of one per cent, harmless natural                  

wax not in excess of four-tenths of one per cent, harmless         5,071        

natural gum, and OR pectin; provided, EXCEPT that this division    5,073        

shall not apply to any confectionery by reason of its containing   5,075        

less than one-half of one per cent by volume of alcohol derived    5,076        

solely from the use of flavoring extracts, or to any chewing gum   5,077        

by reason of its containing harmless nonnutritive masticatory                   

substances.                                                                     

      (L)  It bears or contains a coal-tar color other than one    5,079        

from a batch which has been certified under authority of the       5,080        

                                                          116    

                                                                 
"Federal Food, Drug, and Cosmetic Act.," 52 STAT. 1040 (1938), 21  5,082        

U.S.C.A. 301, AS AMENDED.                                                       

      Sec. 3715.63.  A drug or device is adulterated within the    5,091        

meaning of sections 3715.01 and 3715.52 to 3715.72, inclusive, of  5,092        

the Revised Code, if ANY OF THE FOLLOWING APPLY:                   5,093        

      (A)  It consists, in whole or in part, of any filthy,        5,095        

putrid, or decomposed substance.                                   5,096        

      (B)  It has been produced, processed, prepared, packed, or   5,098        

held under insanitary UNSANITARY conditions whereby it may have    5,099        

been contaminated with filth, or whereby it may have been          5,101        

rendered injurious to health.                                                   

      (C)  It is a drug and its container is composed, in whole    5,103        

or in part, of any poisonous or deleterious substance which THAT   5,104        

may render the contents injurious to health.                       5,106        

      (D)  It is a drug and it bears or contains, for purposes of  5,108        

coloring only, a coal-tar color other than one from a batch        5,109        

certified under the authority of the "Federal Food, drug DRUG,     5,111        

and Cosmetic Act.," 52 STAT. 1040 (1938), 21 U.S.C.A. 301, AS      5,113        

AMENDED.                                                                        

      (E)  It purports to be or is represented as a drug the name  5,115        

of which is recognized in an official compendium THE UNITED        5,117        

STATES PHARMACOPOEIA AND NATIONAL FORMULARY, OR ANY SUPPLEMENT TO  5,119        

THEM, and its strength differs from, or its quality or purity      5,120        

falls below the standard set forth in such compendium THOSE        5,121        

COMPENDIUMS.  Such A determination as to strength, quality, or     5,122        

purity shall be made in accordance with the tests or methods of    5,123        

assay set forth in such compendium THE COMPENDIUMS, or in the      5,124        

absence or inadequacy of such tests or methods of assay, those     5,125        

prescribed under the authority of the federal act.  No "FEDERAL    5,127        

FOOD, DRUG, AND COSMETIC ACT."  A drug defined RECOGNIZED in an    5,128        

official compendium THE COMPENDIUMS is NOT adulterated under this  5,129        

division because it differs from the standard of strength,         5,132        

quality, or purity therefor set forth FOR THAT DRUG in such        5,133        

compendium THE COMPENDIUMS, if its THE difference in strength,     5,135        

                                                          117    

                                                                 
quality, or purity from such standard is plainly stated on its     5,137        

label.  Whenever a drug is recognized in both the United States    5,138        

pharmacopoeia and the homoeopathic pharmacopoeia of the United     5,140        

States AND IN THE UNITED STATES PHARMACOPOEIA AND NATIONAL         5,141        

FORMULARY, INCLUDING THEIR SUPPLEMENTS, it shall be subject to     5,142        

the requirements of the United States pharmacopoeia AND NATIONAL   5,144        

FORMULARY unless it is labeled and offered for sale as a                        

homoeopathic drug, in which case it shall be subject to the        5,146        

provisions of the homoeopathic pharmacopoeia of the United States  5,147        

and not to those of the United States pharmacopoeia AND NATIONAL   5,148        

FORMULARY.                                                                      

      (F)  It is not subject to the provisions of division (E) of  5,150        

this section, and its strength differs from, or its purity or      5,151        

quality falls below that which it purports or is represented to    5,153        

possess.                                                                        

      (G)  It is a drug and any substance has been:                5,155        

      (1)  Mixed or packed therewith WITH THE DRUG so as to        5,157        

reduce its THE DRUG'S quality or strength;                         5,158        

      (2)  Substituted wholly or in part therefor FOR THE DRUG.    5,160        

      Sec. 3715.64.  (A)  A drug or device is misbranded within    5,169        

the meaning of sections 3715.01 and 3715.52 to 3715.72 of the      5,170        

Revised Code, if:                                                  5,171        

      (1)  Its labeling is false or misleading in any particular.  5,173        

      (2)  It is in package form and does not bear a label         5,175        

containing BOTH OF THE FOLLOWING:                                  5,176        

      (a)  In clearly legible form, the name and place of          5,178        

business of the manufacturer, packer, or distributor;              5,179        

      (b)  An accurate statement of the quantity of the contents   5,181        

in terms of weight, measure, or numerical count; but reasonable    5,182        

variations shall be permitted, and exemptions as to small          5,183        

packages shall be APPLY AS established by regulations prescribed   5,185        

RULES ADOPTED by the director of agriculture OR STATE BOARD OF     5,186        

PHARMACY.                                                                       

      (3)  It is a dangerous drug and does not bear a label        5,188        

                                                          118    

                                                                 
containing in clearly legible form the name and place of business  5,189        

of the manufacturer of the finished dosage form and, if            5,190        

different, the packer or distributor.                              5,191        

      (4)  It is a dangerous drug in finished solid oral dosage    5,193        

form, unless AND it has DOES NOT HAVE clearly and prominently      5,195        

marked or imprinted on it an individual symbol, company name,      5,196        

national drug code number or other number, words, letters, or any  5,197        

combination thereof, identifying the drug and its manufacturer or  5,198        

distributor.  This requirement does not apply to drugs that are    5,199        

compounded by a registered LICENSED pharmacist.  The manufacturer  5,201        

or distributor of each such drug shall make available to the       5,202        

state board of pharmacy descriptive material identifying the mark  5,203        

or imprint used by the manufacturer or distributor.  The board of  5,204        

pharmacy shall provide this information to all poison control      5,205        

centers in the THIS state.  Upon application by a manufacturer or  5,207        

distributor, the board may exempt a drug from the requirements of  5,208        

this division on the grounds that marking or imprinting such       5,209        

drugs THE DRUG is not feasible because of its size, texture, or    5,210        

other unique characteristic.                                       5,212        

      (5)  Any word, statement, or other information THAT IS       5,214        

required by or under authority of sections 3715.01 and 3715.52 to  5,215        

3715.72 of the Revised Code, to appear on the label or labeling    5,216        

is not prominently placed thereon with such conspicuousness ON     5,217        

THE LABEL OR LABELING IN A CONSPICUOUS MANNER, as compared with    5,219        

other words, statements, designs, or devices, in ON the LABEL OR   5,220        

labeling, and in such terms as to THAT render it likely to be      5,221        

read and understood by the ordinary individual under customary     5,222        

conditions of purchase and use.                                    5,223        

      (6)  It is for use by man and contains any quantity of the   5,225        

narcotic or hypnotic substance alpha-eucaine, barbituric acid,     5,226        

beta-eucaine, bromal, cannabis, cabromal, chloral, coca, cocaine,  5,227        

codeine, heroin, marijuana, morphine, opium, paraldehyde, peyote,  5,228        

or sulphonmethane, or any chemical derivative of such substance,   5,229        

which derivative has been found by the director to be, and by      5,231        

                                                          119    

                                                                 
regulations proposed by the director and adopted by the public     5,233        

health council designated as, habit forming, unless its label      5,234        

bears the name and quantity or proportion of such substance or     5,235        

derivative and in juxtaposition therewith the statement "Warning   5,236        

-- May be habit forming."                                          5,237        

      (7)  It is a drug and it is not designated solely by a name  5,239        

recognized in an official compendium THE UNITED STATES             5,241        

PHARMACOPOEIA AND NATIONAL FORMULARY, OR ANY SUPPLEMENT TO THEM,   5,243        

unless its label bears:                                                         

      (a)  The common or usual name of the drug, if any;           5,245        

      (b)  In case it is fabricated from two or more ingredients,  5,247        

the common or usual name of each active ingredient THE DRUG        5,248        

CONTAINS, including the kind and quantity or proportion of any     5,250        

alcohol, and also including whether active or not, the name and    5,251        

quantity or proportion of any bromides, ether, chloroform,         5,252        

acetanalid, acetophenetidin, aminopyrine, atropine, hyoscine,      5,253        

hyoscyamine, arsenic, digitalis, digitalis glycosides, mercury,    5,254        

ouabain, strophanthin, strychnine, thyroid, or any derivative or   5,255        

preparation of any such substances, contained therein; but to the  5,256        

extent that compliance with these requirements is impracticable,   5,257        

exemptions shall be APPLY AS established by regulations proposed   5,259        

by the director and RULES adopted by the public health council     5,260        

DIRECTOR OF AGRICULTURE OR STATE BOARD OF PHARMACY.                5,261        

      (8)(7)  Its labeling does not bear THE FOLLOWING:            5,263        

      (a)  Adequate directions for use OF THE DRUG OR DEVICE,      5,265        

EXCEPT THAT WHEN COMPLIANCE WITH THIS REQUIREMENT IS NOT           5,266        

NECESSARY FOR A PARTICULAR DRUG OR DEVICE TO PROTECT THE PUBLIC    5,267        

HEALTH, THE DIRECTOR SHALL ADOPT RULES EXEMPTING THE DRUG OR       5,268        

DEVICE FROM THE REQUIREMENT;                                                    

      (b)  Such adequate ADEQUATE warnings against use in those    5,270        

pathological conditions or by children where WHEN its use may be   5,271        

dangerous to health, or against unsafe dosage or methods or        5,272        

duration of administration or application, PRESENTED in such A     5,274        

manner and form, as are necessary for the protection of users;     5,275        

                                                          120    

                                                                 
      (c)  Where compliance with any requirements of division      5,277        

(A)(8)(a) of this section, as applied to any drug or device, is    5,278        

not necessary for the protection of the public health, the         5,279        

director shall propose and the public health council shall adopt   5,280        

regulations exempting such drug or device from such requirements.  5,281        

      (9)(8)  It purports to be a drug the name of which is        5,283        

recognized in an official compendium, unless THE UNITED STATES     5,285        

PHARMACOPOEIA AND NATIONAL FORMULARY, OR ANY SUPPLEMENT TO THEM,   5,286        

AND it is NOT packaged and labeled as prescribed therein, but IN   5,287        

THOSE COMPENDIUMS, EXCEPT THAT the method of packing may be        5,288        

modified with the consent of the director OF AGRICULTURE.          5,289        

Whenever a drug is recognized in both the United States            5,291        

pharmacopoeia and the homoeopathic pharmacopoeia of the United     5,292        

States AND IN THE UNITED STATES PHARMACOPOEIA AND NATIONAL         5,293        

FORMULARY, INCLUDING THEIR SUPPLEMENTS, it shall be subject to     5,296        

the requirements of the United States pharmacopoeia AND NATIONAL   5,297        

FORMULARY with respect to packaging and labeling unless it is      5,298        

labeled and offered for sale as a homoeopathic drug, in which      5,299        

case it shall be subject to the provisions of the homoeopathic     5,300        

pharmacopoeia of the United States, and not to those of the        5,301        

United States pharmacopoeia AND NATIONAL FORMULARY.                5,302        

      (10)(9)  It has been found by the director OF AGRICULTURE    5,305        

to be a drug liable to deterioration, unless it is packaged in     5,307        

such THE form and manner, and its label bears a statement of such  5,309        

precautions, as required by regulations proposed by the director   5,310        

and RULES adopted by the public health council DIRECTOR as         5,312        

necessary for the protection of public health.  No such            5,313        

regulation RULE shall be established for any drug recognized in    5,314        

an official compendium THE UNITED STATES PHARMACOPOEIA AND         5,315        

NATIONAL FORMULARY, OR ANY SUPPLEMENTS TO THEM, until the          5,317        

director has informed the appropriate body BODIES charged with     5,318        

the revision of such compendium THOSE COMPENDIUMS of the need for  5,319        

such packaging or labeling requirements and such body has THOSE    5,321        

BODIES HAVE failed within a reasonable time to prescribe such      5,322        

                                                          121    

                                                                 
requirements.                                                      5,323        

      (11)(10)(a)  It is a drug and its container is so made,      5,325        

formed, or filled as to be misleading.                             5,327        

      (b)  It is an imitation of another drug.                     5,329        

      (c)  It is offered for sale under the name of another drug.  5,331        

      (d)  The drug sold or dispensed is not the brand or drug     5,333        

specifically prescribed or ordered or, when dispensed by a         5,334        

pharmacist upon prescription, is neither the brand or drug         5,335        

prescribed nor a generically equivalent drug.                      5,336        

      (12)(11)  It is dangerous to health when used in the         5,338        

dosage, or with the frequency or duration prescribed,              5,340        

recommended, or suggested in the ITS labeling thereof.             5,341        

      (13)(12)  It is a drug intended for HUMAN use by man TO      5,344        

which THE FOLLOWING APPLY:                                         5,345        

      (a)  Because of its toxicity or other potentiality for       5,347        

harmful effect, or the method of its use, or the collateral        5,348        

measures necessary to its use, THE DRUG is not safe for use        5,349        

except under the supervision of a practitioner, or person          5,351        

licensed to prescribe any drug which, under the federal act,       5,352        

federal narcotic law, as defined in section 4729.02 of the         5,353        

Revised Code, and under sections 3715.01 to 3715.75, or Chapter    5,354        

3719. of the Revised Code, may be dispensed only upon a            5,355        

prescription LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE  5,356        

DRUGS;                                                             5,357        

      (b)  Is THE DRUG IS limited by an effective application      5,359        

under section 505 of the "Federal Food, Drug, and Cosmetic Act,"   5,360        

52 STAT. 1040 (1938), 21 U.S.C.A. 301, AS AMENDED, to use under    5,362        

professional supervision by a practitioner LICENSED HEALTH                      

PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, unless it is           5,363        

dispensed only:                                                                 

      (i)  Upon a written OR ELECTRONIC prescription of a          5,365        

practitioner;                                                      5,366        

      (ii)  Upon the AN oral prescription of a practitioner,       5,369        

which is reduced promptly to writing by the pharmacist;            5,371        

                                                          122    

                                                                 
      (iii)  By refilling any such written or oral A prescription  5,373        

if such refilling is authorized by the prescriber either in the    5,374        

original prescription or by oral order, which is promptly reduced  5,375        

to writing by the pharmacist.                                      5,376        

      (B)  Any drug dispensed by filling or refilling PURSUANT TO  5,378        

a written, ELECTRONIC, or oral prescription of a practitioner, or  5,380        

person licensed to prescribe any drug which, under the federal     5,382        

act, federal narcotic law, as defined in section 4729.02 of the    5,383        

Revised Code, or under sections 3715.01 to 3715.75, or Chapter     5,384        

3719. of the Revised Code, may be dispensed only upon a            5,385        

prescription LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE  5,386        

DRUGS shall be exempt from the requirements of division (A) of     5,389        

this section, except divisions (A)(1) and (11)(10) of this         5,390        

section, if the drug bears a label containing the name and         5,391        

address of the dispenser, the serial number and THE date of the    5,393        

prescription or its filling IS DISPENSED, the name of the          5,394        

prescriber, and, if stated in the prescription, the name of the    5,396        

patient, and, IF STATED IN THE PRESCRIPTION, the directions for    5,397        

use and cautionary statements, if any, contained in the                         

prescription.  Unless the prescription directions prohibit         5,399        

labeling, the label shall include the brand name of the drug                    

dispensed.  If the drug dispensed has no brand name, the generic   5,400        

name and the distributor of the finished dosage form shall be      5,401        

included.  This exemption shall not apply to any drug dispensed    5,402        

in the course of the conduct of a business of dispensing drugs     5,403        

pursuant to diagnosis by mail.                                                  

      Sec. 3715.65.  (A)  No person shall sell, deliver, offer     5,412        

for sale, hold for sale, or give away any new drug unless:         5,413        

      (1)  An application with respect thereto TO THE DRUG has     5,415        

become effective under section 505 of the "Federal Food, Drug,     5,416        

and Cosmetic Act.," 52 STAT. 1040 (1938), 21 U.S.C.A. 301, AS      5,418        

AMENDED.                                                                        

      (2)  When such IF THE drug is not subject to the federal     5,420        

act unless it "FEDERAL FOOD, DRUG, AND COSMETIC ACT," THE DRUG     5,422        

                                                          123    

                                                                 
has been tested and has been found to be safe for use under the    5,424        

conditions prescribed, recommended, or suggested in the ITS        5,425        

labeling thereof, and, prior to selling THE DRUG or offering IT    5,427        

for sale such drug, there has been filed with the director of      5,428        

agriculture an application setting forth ALL OF THE FOLLOWING:     5,429        

      (a)  Full reports of investigations which THAT have been     5,431        

made to show whether or not such THE drug is safe for use;         5,432        

      (b)  A full list of the articles used as components of such  5,434        

THE drug;                                                          5,435        

      (c)  A full statement of the DRUG'S composition of such      5,437        

drug;                                                                           

      (d)  A full description of the methods used in, and the      5,439        

facilities and controls used for, the manufacture, processing,     5,440        

and packing of such THE drug;                                      5,441        

      (e)  Such samples of such SAMPLES, AS THE DIRECTOR MAY       5,443        

REQUIRE, OF THE drug and of the articles used as components        5,445        

thereof as the director may require OF THE DRUG;                                

      (f)  Specimens of the labeling proposed to be used for such  5,447        

THE drug.                                                          5,448        

      (B)  An application provided for in division (A)(2) of this  5,450        

section shall become effective sixty days after the filing         5,451        

thereof IT IS FILED, except that if the director finds after due   5,452        

notice to the applicant and after giving him THE APPLICANT an      5,454        

opportunity for a hearing, that the drug is not safe for use       5,456        

under the conditions prescribed, recommended, or suggested in the  5,457        

DRUG'S proposed labeling thereof, he THE DIRECTOR shall, prior to  5,458        

the effective date of the application, issue an order refusing to  5,459        

permit the application to become effective.  THE ORDER MAY BE      5,460        

REVOKED BY THE DIRECTOR.                                                        

      (C)  This section does not apply to THE FOLLOWING:           5,462        

      (1)  A drug intended solely for investigational use by       5,464        

experts qualified by scientific training and experience to         5,465        

investigate the safety in OF drugs provided THAT the drug is       5,467        

plainly labeled "For investigational use only";                    5,468        

                                                          124    

                                                                 
      (2)  A drug sold in this state at any time prior to the      5,470        

enactment of sections 3715.01 and 3715.52 to 3715.72, inclusive,   5,471        

of the Revised Code, or introduced into interstate commerce at     5,472        

any time prior to the enactment of the federal act "FEDERAL FOOD,  5,474        

DRUG, AND COSMETIC ACT";                                           5,475        

      (3)  Any drug which THAT is licensed under the "Public       5,477        

Health Service Act," of July 1, 1944 (42 U.S.C. Supp. V 201) 58    5,479        

STAT. 682 (1944), 42 U.S.C.A. 301, AS AMENDED, or under the        5,481        

"Animal Virus-Serum-Toxin Law ACT," of March 4, 1913 (21 U.S.C.    5,482        

151) 37 STAT. 832 (1913), 21 U.S.C.A. 151, AS AMENDED.             5,483        

      (D)  An order refusing to permit an application under this   5,485        

section to become effective may be revoked by the director.        5,486        

      Sec. 3715.66.  (A)  A cosmetic is adulterated within the     5,495        

meaning of sections 3715.01 and 3715.52 to 3715.72, inclusive, of  5,497        

the Revised Code, if:                                                           

      (A)(1)  It bears or contains any poisonous or deleterious    5,499        

substance which THAT may render it injurious to users under the    5,501        

conditions of use prescribed in the labeling or advertisement      5,502        

thereof OF THE COSMETIC, or under such conditions of use as THAT   5,503        

are customary or usual; provided, EXCEPT that this provision does  5,504        

not apply to coal-tar hair dye, the IF BOTH OF THE FOLLOWING       5,506        

CONDITIONS ARE MET:                                                             

      (a)  THE label of which bears the following legend           5,508        

conspicuously displayed thereon: "Caution-This product contains    5,512        

ingredients which may cause skin irritation on certain             5,513        

individuals and a preliminary test according to accompanying       5,514        

directions should first be made.  This product must not be used                 

for dyeing the eyelashes or eyebrows; to do so may cause           5,515        

blindness,." and the                                               5,516        

      (b)  THE  labeling of which bears adequate directions for    5,519        

such preliminary testing.  For the purpose of this division and    5,520        

division (E) of this section the term "hair dye" does not include  5,521        

eyelash dyes or eyebrows dyes.                                                  

      (B)(2)  It contains, in whole or in part, any filthy,        5,523        

                                                          125    

                                                                 
putrid, or decomposed substance.                                   5,526        

      (C)(3)  It has been produced, processed, prepared, packed,   5,528        

or held under insanitary UNSANITARY conditions whereby it may      5,530        

have become contaminated with filth, or whereby it may have been   5,532        

rendered injurious to health.                                                   

      (D)(4)  Its container is composed, in whole or in part, of   5,534        

any poisonous or deleterious substance which THAT may render the   5,536        

contents injurious to health.                                      5,537        

      (E)(5)  It is not a hair dye and it bears or contains a      5,539        

coal-tar color other than one from a batch which has been          5,541        

certified under authority of the "Federal Food, Drug, and          5,543        

Cosmetic Act.," 52 STAT. 1040 (1938), 21 U.S.C.A. 301, AS          5,545        

AMENDED.                                                                        

      (B)  FOR PURPOSES OF DIVISIONS (A)(1) AND (5) OF THIS        5,547        

SECTION, "HAIR DYE" DOES NOT INCLUDE EYELASH DYE OR EYEBROW DYE.   5,548        

      Sec. 3715.69.  The authority to adopt rules for the          5,557        

enforcement of section 3715.02, divisions (E), (G), (H), and (I)   5,560        

of section 3715.60, division (A)(2) of section 3715.64, and        5,562        

section 3715.67 of the Revised Code is vested in the director of   5,563        

agriculture.  The authority to adopt rules for the enforcement of  5,565        

sections 3715.01 and 3715.52 to 3715.72 of the Revised Code,       5,567        

excluding divisions (E), (G), (H), and (I) of section 3715.60,     5,569        

division (A)(2) of section 3715.64, and section 3715.67 of the     5,570        

Revised Code, is vested in the public health council, provided                  

that the rules are first proposed for adoption by the director OF  5,572        

AGRICULTURE or the STATE board of pharmacy.  The rules adopted in  5,573        

so far as practicable shall conform with those THE REGULATIONS     5,575        

promulgated under the "Federal Food, Drug, and Cosmetic Act," 52   5,577        

Stat. 1040 (1938), 21 U.S.C.A. 301-395 (1996) 301, AS AMENDED.     5,578        

      Sec. 3715.70.  (A)  The director of agriculture or the       5,587        

STATE board of pharmacy shall have free access at all reasonable   5,589        

hours to any factory, warehouse, or establishment in which foods,  5,590        

drugs, devices, or cosmetics are manufactured, processed, packed,  5,591        

or held for introduction into commerce, or to enter any vehicle    5,592        

                                                          126    

                                                                 
being used to transport or hold such foods, drugs, devices, or     5,593        

cosmetics in commerce, for the purpose FOLLOWING PURPOSES:         5,594        

      (A)  Of inspecting such (1)  TO INSPECT THE factory,         5,596        

warehouse, establishment, or vehicle to determine if any of the    5,598        

provisions of sections 3715.01 or 3715.52 to 3715.72, inclusive,   5,599        

of the Revised Code, are being violated;                           5,600        

      (B)(2)  To secure samples of specimens of any food, drug,    5,603        

device, or cosmetic after paying or offering to pay for such                    

sample.                                                            5,604        

      (B)  The director or the board of pharmacy shall make or     5,606        

cause to be made examinations of samples secured under the         5,607        

provisions of this section to determine whether or not any         5,608        

provisions of sections 3715.01 and 3715.52 to 3715.72, inclusive,  5,609        

of the Revised Code, are being violated.                           5,610        

      Sec. 3715.71.  (A)  The director of agriculture or the       5,619        

STATE board of pharmacy may cause to be published from time to     5,621        

time reports summarizing all judgments, decrees, and court orders  5,622        

which THAT have been rendered under sections 3715.01 and 3715.52   5,624        

to 3715.72, inclusive, of the Revised Code, including the nature   5,625        

of the charge and the disposition thereof.                         5,626        

      (B)  The director or the board of pharmacy may also cause    5,628        

to be disseminated such ANY information regarding food, drugs,     5,631        

devices, and cosmetics as THAT the director or the board of        5,633        

pharmacy deems necessary in the interest of public health and the  5,635        

protection of the consumer against fraud.  Nothing                              

      NOTHING in this section shall be construed to prohibit the   5,638        

director or the board of pharmacy from collecting, reporting, and  5,640        

illustrating the results of the investigations of CONDUCTED BY     5,641        

the director or the board of pharmacy.                             5,642        

      Sec. 3715.73.  (A)  All fines or forfeited bonds assessed    5,651        

and collected under prosecution by the director of agriculture or  5,652        

prosecution commenced by the director in enforcement of sections   5,653        

3715.01 to 3715.72, inclusive, of the Revised Code, THIS CHAPTER   5,654        

shall, within thirty days, be paid to the director and by him THE  5,655        

                                                          127    

                                                                 
DIRECTOR paid into the state treasury.                             5,656        

      (B)  All fines or forfeited bonds assessed and collected     5,658        

under prosecution by the STATE board of pharmacy or prosecution    5,659        

commenced by the board in enforcement of sections 3715.01 to       5,661        

3715.72, inclusive, of the Revised Code, THIS CHAPTER shall,       5,662        

within thirty days, be paid to the secretary EXECUTIVE DIRECTOR    5,663        

of the board and by him THE EXECUTIVE DIRECTOR paid into the       5,664        

state treasury.                                                    5,665        

      Sec. 3719.01.  As used in this chapter:                      5,674        

      (A)  "Administer" means the direct application of a drug,    5,676        

whether by injection, inhalation, ingestion, or any other means    5,677        

to a person or an animal.                                          5,678        

      (B)  "Board" means the state board of pharmacy established   5,680        

by section 4729.01 of the Revised Code.                            5,681        

      (C)  "Drug enforcement administration" means the drug        5,683        

enforcement administration of the United States department of      5,684        

justice or its successor agency.                                   5,685        

      (D)(C)  "Controlled substance" means a drug, compound,       5,687        

mixture, preparation, or substance included in schedule I, II,     5,688        

III, IV, or V.                                                     5,689        

      (E)(D)  "Dangerous drug" has the same meaning as in section  5,691        

4729.02 4729.01 of the Revised Code.                               5,693        

      (F)(E)  "Dispense" means to sell, leave with, give away,     5,695        

dispose of, or deliver.                                            5,697        

      (G)(F)  "Distribute" means to deal in, ship, transport, or   5,699        

deliver but does not include administering or dispensing a drug.   5,700        

      (H)(G)  "Drug" has the same meaning as in section 4729.02    5,703        

4729.01 of the Revised Code.                                       5,705        

      (I)(H)  "Drug abuse offense," "felony drug abuse offense,"   5,707        

"cocaine," and "hashish" have the same meanings as in section      5,709        

2925.01 of the Revised Code.                                       5,710        

      (J)(I)  "Federal drug abuse control laws" means the          5,712        

"Comprehensive Drug Abuse Prevention and Control Act of 1970," 84  5,713        

Stat. 1242, 21 U.S.C. 801, as amended.                             5,714        

                                                          128    

                                                                 
      (K)(J)  "Hospital" means an institution for the care and     5,716        

treatment of the sick and injured that is certified by the         5,717        

department of health and approved by the state board of pharmacy   5,719        

as proper to be entrusted with the custody of controlled           5,720        

substances and the professional use of controlled substances       5,721        

under the direction of a practitioner or pharmacist.               5,722        

      (L)(K)  "Hypodermic" means a hypodermic syringe or needle,   5,724        

or other instrument or device for the injection of medication.     5,726        

      (M)(L)  "Isomer"," except as otherwise expressly stated,     5,729        

means the optial OPTICAL isomer.                                   5,730        

      (N)(M)  "Laboratory" means a laboratory approved by the      5,732        

state board of pharmacy as proper to be entrusted with the         5,733        

custody of controlled substances and the use of controlled         5,734        

substances for scientific and clinical purposes and for purposes   5,735        

of instruction.                                                                 

      (O)(N)  "Manufacturer" means a person who plants,            5,737        

cultivates, harvests, processes, makes, prepares, or otherwise     5,739        

engages in any part of the production of MANUFACTURES a            5,740        

controlled substance by propagation, compounding, conversion, or   5,742        

processing, either directly or indirectly by extraction from       5,743        

substances of natural origin, or independently by means of         5,744        

chemical synthesis, or by a combination of extraction and          5,745        

chemical synthesis, and includes any packaging or repackaging of   5,746        

the substance or labeling or relabeling of its container and       5,747        

other activities incident to production, except that a             5,748        

"manufacturer" does not include a pharmacist who prepares,                      

compounds, packages, or labels a controlled substance as an        5,749        

incident to dispensing a controlled substance in accordance with   5,750        

a prescription and in the usual course of professional practice,   5,751        

AS "MANUFACTURE" IS DEFINED IN SECTION 3715.01 OF THE REVISED      5,752        

CODE.                                                                           

      (P)(O)  "Marihuana" means all parts of a plant of the genus  5,754        

cannabis, whether growing or not; the seeds of a plant of that     5,756        

type; the resin extracted from a part of a plant of that type;     5,757        

                                                          129    

                                                                 
and every compound, manufacture, salt, derivative, mixture, or                  

preparation of a plant of that type or of its seeds or resin.      5,759        

"Marihuana" does not include the mature stalks of the plant,       5,761        

fiber produced from the stalks, oils or cake made from the seeds   5,762        

of the plant, or any other compound, manufacture, salt,            5,763        

derivative, mixture, or preparation of the mature stalks, except   5,764        

the resin extracted from the mature stalks, fiber, oil or cake,                 

or the sterilized seed of the plant that is incapable of           5,765        

germination.                                                                    

      (Q)(P)  "Narcotic drugs" means coca leaves, opium,           5,767        

isonipecaine, amidone, isoamidone, ketobemidone, as defined in     5,768        

this division, and every substance not chemically distinguished    5,769        

from them and every drug, other than cannabis, that may be         5,770        

included in the meaning of "narcotic drug" under the federal drug  5,771        

abuse control laws.  "Coca AS USED IN THIS DIVISION:               5,772        

      (1)  "COCA leaves" includes cocaine and any compound,        5,775        

manufacture, salt, derivative, mixture, or preparation of coca     5,776        

leaves, except derivatives of coca leaves, that do DOES not        5,777        

contain cocaine, ecgonine, or substances from which cocaine or     5,778        

ecgonine may be synthesized or made.  "Isonipecaine                5,779        

      (2)  "ISONIPECAINE" means any substance identified           5,782        

chemically as 1-methyl-4-phenyl-piperidine-4-carboxylic acid       5,783        

ethyl ester, or any salt thereof, by whatever trade name           5,784        

designated.  "Amidone                                                           

      (3)  "AMIDONE" means any substance identified chemically as  5,787        

4-4-diphenyl-6-dimethylamino-heptanone-3, or any salt thereof, by  5,788        

whatever trade name designated.  "Isoamidone                       5,789        

      (4)  "ISOAMIDONE" means any substance identified chemically  5,792        

as 4-4-diphenyl-5-methyl-6-dimethylaminohexanone-3, or any salt    5,793        

thereof, by whatever trade name designated.  "Ketobemidone         5,794        

      (5)  "KETOBEMIDONE" means any substance identified           5,797        

chemically as 4-(3-hydroxyphenyl)-1-methyl-4-piperidyl ethyl       5,798        

ketone hydrochloride, or any salt thereof, by whatever trade name  5,799        

designated.                                                        5,800        

                                                          130    

                                                                 
      (R)  of that nature of that nature "Nurse" means a person    5,802        

licensed to engage in the practice of nursing in this state.       5,803        

      (S)(Q)  "Official written order" means an order written on   5,805        

a form provided for that purpose by the director of the United     5,806        

States drug enforcement administration, under any laws of the      5,807        

United States making provision for the order, if the order forms   5,808        

are authorized and required by federal law.                        5,809        

      (T)(R)  "Opiate" means any substance having an               5,811        

addiction-forming or addiction-sustaining liability similar to     5,812        

morphine or being capable of conversion into a drug having         5,813        

addiction-forming or addiction-sustaining liability.  "Opiate"     5,815        

does not include, unless specifically designated as controlled     5,816        

under section 3719.41 of the Revised Code, the dextrorotatory      5,817        

isomer of 3-methoxy-N-methylmorphinian                             5,819        

3-METHOXY-N-METHYLMORPHINAN and its salts (dextro-methorphan).     5,820        

"Opiate" does include its racemic and levoratory forms.            5,821        

      (U)(S)  "Opium poppy" means the plant of the species         5,823        

papaver somniferum L., except its seeds.                           5,824        

      (V)(T)  "Person" means any individual, corporation,          5,826        

government, governmental subdivision or agency, business trust,    5,828        

estate, trust, partnership, association, or other legal entity.    5,829        

      (W)(U)  "Pharmacist" means a person registered with the      5,831        

board as a compounder and dispenser of drugs LICENSED UNDER        5,833        

CHAPTER 4729. OF THE REVISED CODE TO ENGAGE IN THE PRACTICE OF                  

PHARMACY.                                                                       

      (X)(V)  "Pharmacy" means any area, room, rooms, place of     5,834        

business, department, or portion of any of the foregoing, where    5,835        

prescriptions are filled or where drugs, dangerous drugs, or       5,836        

poisons are compounded, sold, offered, or displayed for sale,      5,837        

dispensed, or distributed to the public HAS THE SAME MEANING AS    5,838        

IN SECTION 4729.01 OF THE REVISED CODE.                            5,839        

      (W)  "POISON" MEANS ANY DRUG, CHEMICAL, OR PREPARATION       5,841        

LIKELY TO BE DELETERIOUS OR DESTRUCTIVE TO ADULT HUMAN LIFE IN     5,842        

QUANTITIES OF FOUR GRAMS OR LESS.                                  5,843        

                                                          131    

                                                                 
      (Y)(X)  "Poppy straw" means all parts, except the seeds, of  5,845        

the opium poppy, after mowing.                                     5,846        

      (Z)  "Practitioner" means the following:                     5,848        

      (1)  A person who is licensed pursuant to Chapter 4715.,     5,850        

4731., or 4741. of the Revised Code and authorized by law to       5,851        

write prescriptions for drugs or dangerous drugs;                  5,852        

      (2)  An advanced practice nurse authorized under section     5,854        

4723.56 of the Revised Code to prescribe drugs and therapeutic     5,855        

devices.                                                           5,856        

      (AA)  "Prescription" means a written or oral order for a     5,858        

controlled substance for the use of a particular person or a       5,859        

particular animal given by a practitioner in the course of         5,860        

professional practice and in accordance with the regulations       5,861        

promulgated by the director of the United States drug enforcement  5,862        

administration pursuant to the federal drug abuse control laws.    5,863        

      (BB)(Y)  "LICENSED HEALTH PROFESSIONAL AUTHORIZED TO         5,865        

PRESCRIBE DRUGS," "PRESCRIBER," AND "PRESCRIPTION" HAVE THE SAME   5,866        

MEANINGS AS IN SECTION 4729.01 OF THE REVISED CODE.                5,868        

      (Z)  "Registry number" means the number assigned to each     5,870        

person registered under the federal drug abuse control laws.       5,871        

      (CC)(AA)  "Sale" includes delivery, barter, exchange,        5,873        

transfer, or gift, or offer thereof, and each transaction of       5,874        

those natures made by any person, whether as principal,            5,876        

proprietor, agent, servant, or employee.                           5,877        

      (DD)(BB)  "Schedule I," "schedule II," "schedule III,"       5,879        

"schedule IV," and "schedule V" mean controlled substance          5,880        

schedules I, II, III, IV, and V, respectively, established         5,881        

pursuant to section 3719.41 of the Revised Code, as amended        5,882        

pursuant to section 3719.43 or 3719.44 of the Revised Code.        5,883        

      (EE)(CC)  "Wholesaler" means a person who, on official       5,885        

written orders other than prescriptions, supplies controlled       5,886        

substances that the person has not manufactured, produced, or      5,887        

prepared personally and includes a "wholesale distributor of       5,888        

dangerous drugs" as defined in section 4729.02 4729.01 of the      5,889        

                                                          132    

                                                                 
Revised Code.                                                                   

      (FF)(DD)  "Animal shelter" means a facility operated by a    5,891        

humane society or any society organized under Chapter 1717. of     5,892        

the Revised Code or a dog pound operated pursuant to Chapter 955.  5,893        

of the Revised Code.                                               5,894        

      (GG)(EE)  "Terminal distributor of dangerous drugs" has the  5,896        

same meaning as in section 4729.02 4729.01 of the Revised Code.    5,898        

      (HH)(FF)  "Category III license" means a license issued to   5,900        

a terminal distributor of dangerous drugs as set forth in section  5,901        

4729.54 of the Revised Code.                                       5,902        

      (II)(JJ)(GG)  "Prosecutor" has the same meaning as in        5,904        

section 2935.01 of the Revised Code.                               5,905        

      Sec. 3719.011.  As used in the Revised Code:                 5,914        

      (A)  "Drug of abuse" means any controlled substance as       5,916        

defined in section 3719.01 of the Revised Code, any harmful        5,917        

intoxicant as defined in section 2925.01 of the Revised Code, and  5,918        

any dangerous drug as defined in section 4729.02 4729.01 of the    5,920        

Revised Code.                                                      5,921        

      (B)  "Drug dependent person" means any person who, by        5,923        

reason of the use of any drug of abuse, is physically,             5,924        

psychologically, or physically and psychologically dependent upon  5,925        

the use of such drug, to the detriment of his THE PERSON'S health  5,927        

or welfare.                                                                     

      (C)  "Person in danger of becoming a drug dependent person"  5,929        

means any person who, by reason of his THE PERSON'S habitual or    5,930        

incontinent use of any drug of abuse, is in imminent danger of     5,931        

becoming a drug dependent person.                                  5,933        

      Sec. 3719.05.  (A)  As used in this section and section      5,942        

3719.06 of the Revised Code:                                       5,943        

      (1)  "Dentist" means a person licensed under Chapter 4715.   5,945        

of the Revised Code to practice dentistry.                         5,946        

      (2)  "Physician" means a person holding a valid certificate  5,948        

issued under Chapter 4731. of the Revised Code authorizing him to  5,949        

practice medicine and surgery, osteopathic medicine and surgery,   5,950        

                                                          133    

                                                                 
or podiatry.                                                       5,951        

      (3)  "Veterinarian" means a person licensed under Chapter    5,953        

4741. of the Revised Code to practice veterinary medicine.         5,954        

      (B)  A pharmacist may dispense schedule II controlled        5,956        

substances to any person upon a written prescription given by a    5,957        

dentist, physician, or veterinarian and schedule III or IV         5,958        

controlled substances to any person upon a written or oral         5,959        

prescription given by a practitioner.  Each written prescription   5,960        

shall be properly executed, dated, and signed by the person        5,961        

prescribing on the day when issued and bearing the full name and   5,962        

address of the patient for whom, or of the owner of the animal     5,963        

for which, the schedule II controlled substance is dispensed, and  5,964        

the full name, address, and registry number under the federal      5,965        

drug abuse control laws of the person prescribing.  If the         5,966        

prescription is for an animal, it shall state the species of       5,967        

animal for which the drug is prescribed.  The ISSUED IN            5,968        

ACCORDANCE WITH SECTION 3719.06 OF THE REVISED CODE.  WHEN         5,970        

DISPENSING CONTROLLED SUBSTANCES, A PHARMACIST SHALL ACT IN                     

ACCORDANCE WITH RULES ADOPTED BY THE STATE BOARD OF PHARMACY AND   5,971        

IN ACCORDANCE WITH THE FOLLOWING:                                  5,972        

      (1)  THE prescription shall be retained on file by the       5,975        

owner of the pharmacy in which it is filled for a period of two    5,976        

THREE years, so as to be readily accessible for inspection by any  5,978        

public officer or employee engaged in the enforcement of Chapter   5,979        

2925., 3719., or 4719. 4729. of the Revised Code.  Each            5,981        

      (2)  EACH oral prescription shall be recorded by the         5,983        

pharmacist and such THE record shall show the name and address of  5,985        

the patient for whom, or of the owner of the animal for which the  5,987        

schedule III or IV controlled substance is dispensed, the full     5,988        

name, address, and registry number under the federal drug abuse    5,989        

control laws of the practitioner prescribing PRESCRIBER, the name  5,990        

of the schedule III or IV controlled substance dispensed, the      5,991        

amount dispensed, and the date when dispensed.  Such THE record    5,993        

shall be retained on file by the owner of the pharmacy in which    5,995        

                                                          134    

                                                                 
it is filled for a period of two THREE years.  No                  5,996        

      (3)  A SCHEDULE II CONTROLLED SUBSTANCE SHALL BE DISPENSED   5,999        

ONLY UPON A WRITTEN PRESCRIPTION, EXCEPT THAT IT MAY BE DISPENSED               

UPON AN ORAL PRESCRIPTION IN EMERGENCY SITUATIONS AS PROVIDED IN   6,000        

THE FEDERAL DRUG ABUSE CONTROL LAWS.                               6,001        

      (4)  A prescription for a schedule II controlled substance   6,004        

shall NOT be refilled.  Prescriptions                                           

      (5)  PRESCRIPTIONS for schedule III and IV controlled        6,007        

substances may be refilled not more than five times in a           6,008        

six-month period from the date the prescription is given by a      6,009        

practitioner PRESCRIBER.                                                        

      (C)(B)  The legal owner of any stock of schedule II          6,011        

controlled substances in a pharmacy, upon discontinuance of        6,012        

dealing in said THOSE drugs, may sell said THE stock to a          6,014        

manufacturer, wholesaler, or owner of a pharmacy registered under  6,015        

the federal drug abuse control laws pursuant to an official        6,016        

written order.                                                                  

      (D)  A pharmacist may dispense, upon an official written     6,019        

order to a practitioner in quantities not exceeding one ounce at   6,021        

any one time, aqueous or oleaginous solutions of which the         6,023        

content of narcotic drugs does not exceed a proportion greater     6,024        

than twenty per cent of the complete solution, to be used for      6,025        

medicinal purposes.                                                6,026        

      (E)  Notwithstanding division (B) of this section, schedule  6,028        

II controlled substances may be dispensed orally and without the   6,029        

written prescription of a dentist, physician, or veterinarian in   6,030        

emergency situations as prescribed under the federal drug abuse    6,031        

control laws.                                                                   

      Sec. 3719.06.  (A)  A dentist or physician licensed to       6,039        

prescribe, dispense, and administer controlled substances to a     6,040        

human being LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE   6,041        

DRUGS, IF ACTING in the course of his professional practice, IN    6,043        

ACCORDANCE WITH THE LAWS REGULATING THE PROFESSIONAL'S PRACTICE,   6,044        

AND IN ACCORDANCE WITH RULES ADOPTED BY THE STATE BOARD OF         6,045        

                                                          135    

                                                                 
PHARMACY, may do the following:                                                 

      (1)  Prescribe schedule II controlled substances by a        6,047        

written prescription;                                              6,048        

      (2)  Prescribe schedule, III or, IV, AND V controlled        6,051        

substances by a written or oral prescription;                                   

      (3)(2)  Administer or dispense PERSONALLY FURNISH TO         6,053        

PATIENTS schedule II, III, or IV, AND V controlled substances;     6,057        

      (4)(3)  Cause schedule II, III, and IV, AND V controlled     6,061        

substances to be administered under his THE PRESCRIBER'S           6,062        

direction and supervision.                                         6,063        

      (B)  No dentist or physician LICENSED HEALTH PROFESSIONAL    6,065        

AUTHORIZED TO PRESCRIBE DRUGS shall prescribe, dispense, or        6,066        

administer, OR PERSONALLY FURNISH a schedule III anabolic steroid  6,068        

for the purpose of human muscle building or enhancing human        6,069        

athletic performance AND NO PHARMACIST SHALL DISPENSE A SCHEDULE   6,070        

III ANABOLIC STEROID FOR EITHER PURPOSE, unless it has been        6,071        

approved for that purpose under the "Federal Food, Drug, and       6,073        

Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended.  6,074        

Each                                                                            

      (C)  EACH written prescription shall be PROPERLY EXECUTED,   6,077        

dated, and signed by the dentist or physician prescribing          6,078        

PRESCRIBER on the day when issued and shall bear the full name     6,081        

and address of the person for whom, OR THE OWNER OF THE ANIMAL     6,082        

FOR WHICH, the controlled substance is prescribed and the full     6,084        

name, address, and registry number under the federal drug abuse    6,085        

control laws of the person prescribing PRESCRIBER.  IF THE         6,086        

PRESCRIPTION IS FOR AN ANIMAL, IT SHALL STATE                      6,088        

      (B)  A veterinarian licensed to prescribe, dispense, and     6,090        

administer controlled substances to an animal in the course of     6,091        

his professional practice may do the following:                    6,092        

      (1)  Prescribe schedule II controlled substances by a        6,094        

written prescription;                                              6,095        

      (2)  Prescribe schedule III or IV controlled substances by   6,097        

a written or oral prescription;                                    6,098        

                                                          136    

                                                                 
      (3)  Administer and dispense schedule II, III, or IV         6,100        

controlled substances;                                             6,101        

      (4)  Cause schedule II, III, and IV controlled substances    6,103        

to be administered by an assistant or orderly under his direction  6,105        

and supervision.                                                   6,106        

      Each written prescription shall be dated and signed by the   6,108        

veterinarian prescribing on the day when issued and shall bear     6,109        

the full name and address of the owner of the animal, the species  6,110        

of the animal for which the controlled substance is prescribed,    6,111        

and the full name, address, and registry number under the federal  6,112        

drug abuse control laws of the veterinarian prescribing.           6,113        

      (C)  An advanced practice nurse approved under section       6,115        

4723.56 of the Revised Code to prescribe controlled substances     6,116        

may prescribe by written or oral prescription any schedule III or  6,117        

IV controlled substance that is recommended by the formulary       6,118        

committee for advanced practice nurses and included in the         6,119        

formulary established by rules adopted under section 4723.58 of    6,120        

the Revised Code.  No advanced practice nurse shall prescribe a    6,121        

schedule III anabolic steroid for the purpose of human muscle      6,122        

building or enhancing human athletic performance unless it is      6,123        

approved for that purpose under the "Federal Food, Drug, and       6,124        

Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended.  6,125        

Each written prescription shall be dated and signed by the         6,126        

advanced practice nurse issuing the prescription on the day        6,127        

issued and shall bear the full name and address of the person for  6,128        

whom the controlled substance is prescribed and the advanced       6,129        

practice nurse's full name, address, and registry number under     6,130        

the federal drug abuse control laws.                               6,131        

      Any person, who has obtained from a practitioner any         6,133        

controlled substance for administration to a human being or an     6,134        

animal during the absence of such practitioner, shall return to    6,135        

such practitioner any unused portion of such drug, when it is no   6,136        

longer required by such human being or animal.                     6,137        

      Sec. 3719.07.  (A)  AS USED IN THIS SECTION, "DESCRIPTION"   6,146        

                                                          137    

                                                                 
MEANS THE DOSAGE FORM, STRENGTH, AND QUANTITY, AND THE BRAND       6,147        

NAME, IF ANY, OR THE GENERIC NAME, OF A DRUG OR CONTROLLED         6,148        

SUBSTANCE.                                                                      

      (B)(1)  Every practitioner, or other person who is           6,151        

authorized to administer or use controlled substances, LICENSED    6,152        

HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS shall keep a     6,153        

record of all such drugs CONTROLLED SUBSTANCES received by him,    6,154        

and a record of all such drugs CONTROLLED SUBSTANCES               6,155        

administered, dispensed, or used by him, otherwise OTHER than by   6,157        

prescription.  EVERY OTHER PERSON, EXCEPT A PHARMACIST,                         

MANUFACTURER, OR WHOLESALER, WHO IS AUTHORIZED TO PURCHASE AND     6,158        

USE CONTROLLED SUBSTANCES SHALL KEEP A RECORD OF ALL CONTROLLED    6,159        

SUBSTANCES PURCHASED AND USED OTHER THAN BY PRESCRIPTION.  THE     6,161        

RECORDS SHALL BE KEPT in accordance with the provisions of         6,162        

division (E)(C)(1) of this section.  The keeping of a record of    6,164        

the quantity, character, and potency of solutions or other         6,165        

preparations purchased or made up by a practitioner or other       6,166        

person using small quantities of solutions or other preparations   6,167        

of controlled substances for local application, and of the dates   6,168        

when purchased or made up, without keeping a record of the amount  6,169        

of such solution or other preparation applied by him to            6,171        

individual patients is a sufficient compliance with this           6,172        

division.                                                                       

      No record need be kept of schedule V controlled substances   6,174        

administered, dispensed, or used in the treatment of any one       6,175        

person or animal, when the amount administered, dispensed, or      6,176        

used for that purpose does not exceed in any forty-eight           6,177        

consecutive hours:                                                 6,178        

      (1)  One hundred twenty-five milligrams of opium;            6,180        

      (2)  Thirty milligrams of morphine or of any of its salts;   6,182        

      (3)  Two hundred fifty milligrams of codeine or any of its   6,184        

salts;                                                             6,185        

      (4)  One hundred twenty-five milligrams of dihydrocodeine    6,187        

or any of its salts;                                               6,188        

                                                          138    

                                                                 
      (5)  Thirty milligrams of ethylmorphine or any of its        6,190        

salts;                                                             6,191        

      (6)  A quantity of any other schedule V controlled           6,193        

substances or any combination of schedule V controlled substances  6,194        

that does not exceed in pharmacologic potency any one of the       6,195        

drugs named above in the quantity stated.                          6,196        

      (B)(2)  Manufacturers and wholesalers shall keep records of  6,198        

all controlled substances compounded, mixed, cultivated, grown,    6,199        

or by any other process produced or prepared by them, and of all   6,200        

controlled substances received or dispensed SOLD by them,.  THE    6,202        

RECORDS SHALL BE KEPT in accordance with division (F)(C)(2) of     6,203        

this section.                                                                   

      (C)(3)  Every category III terminal distributor of           6,205        

dangerous drugs shall keep records of all controlled substances    6,208        

received or dispensed by them, SOLD.  THE RECORDS SHALL BE KEPT    6,209        

in accordance with division (G)(C)(3) of this section.             6,210        

      (D)(4)  Every person who SELLS OR purchases for resale, or   6,213        

who dispenses schedule V controlled substances exempted by         6,214        

section 3719.15 of the Revised Code shall keep a record showing    6,216        

the quantities and kinds thereof received, dispensed, or disposed  6,217        

of otherwise, SOLD.  THE RECORDS SHALL BE KEPT in accordance with  6,218        

divisions (E)(C)(1), (F)(2), and (G)(3) of this section.           6,221        

      (E)  Every practitioner or other person, except a            6,223        

pharmacist, manufacturer, or wholesaler, authorized to administer  6,224        

or use controlled substances shall keep a record of all            6,225        

controlled substances received, administered, dispensed, or used   6,226        

which (C)(1)  THE RECORDS REQUIRED BY DIVISIONS (B)(1) AND (4) OF  6,229        

THIS SECTION shall contain THE FOLLOWING:                                       

      (1)(a)  The description of all controlled substances         6,231        

received, the name and address of the person from whom received,   6,233        

and the date of receipt;                                           6,234        

      (2)(b)  The description of controlled substances             6,236        

administered, dispensed, PURCHASED, SOLD, or used,; the date of    6,238        

administering, dispensing, PURCHASING, SELLING, or using,; the     6,240        

                                                          139    

                                                                 
name and address of the person to whom, or for whose use, or the   6,243        

owner and species of the animal for which the controlled           6,244        

substance was administered, dispensed, PURCHASED, SOLD, or used.   6,246        

      (F)  Every manufacturer and wholesaler shall keep a record   6,248        

of all controlled substances compounded, mixed, cultivated,        6,249        

grown, or by any other process produced or prepared, received, or  6,250        

dispensed by him which (2)  THE RECORDS REQUIRED BY DIVISIONS      6,252        

(B)(2) AND (4) OF THIS SECTION shall contain THE FOLLOWING:        6,254        

      (1)(a)  The description of all drugs CONTROLLED SUBSTANCES   6,257        

produced or prepared, the name and address of the person from      6,258        

whom received, and the date of receipt;                            6,259        

      (2)(b)  The description of controlled substances dispensed   6,262        

SOLD, the name and address of each person to whom a controlled     6,263        

substance is dispensed SOLD, the amount of the controlled          6,264        

substance dispensed SOLD to each person, and the date it was so    6,266        

dispensed SOLD.                                                    6,267        

      (G)  Every category III terminal distributor of dangerous    6,269        

drugs shall keep a record of all controlled substances received    6,270        

or dispensed by him which (3)  THE RECORDS REQUIRED BY DIVISIONS   6,271        

(B)(3) AND (4) OF THIS SECTION shall contain THE FOLLOWING:        6,273        

      (1)(a)  The description of controlled substances received,   6,276        

the name and address of the person from whom controlled                         

substances are received, and the date of receipt,;                 6,277        

      (2)(b)  The name and place of residence of each person to    6,279        

whom controlled substances, including those otherwise exempted by  6,280        

section 3719.15 of the Revised Code, are dispensed SOLD, the       6,282        

description of such THE controlled substances dispensed SOLD to    6,283        

each person, AND the date such THE controlled substances are       6,284        

dispensed SOLD to each person, and the name and address of the     6,288        

practitioner prescribing drugs to the person to whom they are      6,289        

dispensed.                                                                      

      (D)  Every such record REQUIRED BY THIS SECTION shall be     6,292        

kept for a period of two years and the date of the transaction     6,293        

recorded.                                                                       

                                                          140    

                                                                 
      The keeping of a record required by or under the federal     6,295        

drug abuse control laws, containing substantially the same         6,296        

information as specified in this section, constitutes compliance   6,297        

with this section.                                                 6,298        

      Every person who purchases for resale or who sells           6,300        

controlled substance preparations exempted by section 3719.15 of   6,301        

the Revised Code shall keep the record required by or under the    6,302        

federal drug abuse control law LAWS.                               6,303        

      As used in this section, "description" means the dosage      6,305        

form, strength, and quantity, and the brand name, if any, or the   6,306        

generic name of a drug or controlled substance.                    6,307        

      Sec. 3719.08.  (A)  Whenever a manufacturer dispenses SELLS  6,316        

a controlled substance, and whenever a wholesaler dispenses SELLS  6,317        

a controlled substance in a package THE WHOLESALER HAS prepared    6,319        

by him, he THE MANUFACTURER OR WHOLESALER shall securely affix to  6,322        

each package in which such THE controlled substance is contained   6,323        

a label showing in legible English the name and address of the     6,324        

vendor and the quantity, kind, and form of controlled substance    6,326        

contained therein.  No person, except a pharmacist for the         6,327        

purpose of filling DISPENSING A CONTROLLED SUBSTANCE UPON a        6,328        

prescription under Chapter 3719. of the Revised Code shall alter,  6,329        

deface, or remove any label so affixed.                            6,330        

      (B)  Whenever EXCEPT AS PROVIDED IN DIVISION (C) OF THIS     6,332        

SECTION, WHEN a pharmacist dispenses any controlled substance on   6,334        

a prescription issued by a practitioner, or a practitioner         6,335        

dispenses any controlled substance in the course of his practice,  6,336        

he FOR USE BY A PATIENT, OR SUPPLIES A CONTROLLED SUBSTANCE TO A   6,337        

LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS FOR                  

USE BY THE PROFESSIONAL IN PERSONALLY FURNISHING PATIENTS WITH     6,339        

CONTROLLED SUBSTANCES, THE PHARMACIST shall affix to the           6,340        

container in which such THE controlled substance is dispensed, OR  6,342        

SUPPLIED a label showing THE FOLLOWING:                                         

      (1)  His own name and address, or the THE name and address   6,345        

of the owner of the pharmacy for whom he is acting DISPENSING OR   6,347        

                                                          141    

                                                                 
SUPPLYING THE CONTROLLED SUBSTANCE;                                             

      (2)  The name of the patient for whom the controlled         6,350        

substance is prescribed or AND, if the patient is an animal, the   6,351        

name of the owner and the species of the animal;                   6,353        

      (3)  The name of the practitioner by whom the prescription   6,355        

was written or by whom the drug was dispensed PRESCRIBER;          6,356        

      (4)  Such ALL directions as may be FOR USE stated on the     6,359        

prescription or provided by the practitioner on usage of the drug  6,360        

PRESCRIBER;                                                                     

      (5)  The date on which the prescription was filled or        6,362        

refilled, whichever date is later CONTROLLED SUBSTANCE WAS         6,363        

DISPENSED OR SUPPLIED;                                             6,364        

      (6)  THE NAME, QUANTITY, AND STRENGTH OF THE CONTROLLED      6,366        

SUBSTANCE AND, IF APPLICABLE, THE NAME OF THE DISTRIBUTOR OR       6,367        

MANUFACTURER.                                                                   

      (C)  The requirements of division (B) of this section do     6,369        

not apply when a controlled substance is prescribed OR SUPPLIED    6,370        

for administration to an ultimate user who is institutionalized.   6,371        

      (C)(D)  A LICENSED HEALTH PROFESSIONAL AUTHORIZED TO         6,373        

PRESCRIBE DRUGS WHO PERSONALLY FURNISHES A CONTROLLED SUBSTANCE    6,374        

TO A PATIENT SHALL COMPLY WITH DIVISION (B) OF SECTION 4729.29 OF  6,375        

THE REVISED CODE WITH RESPECT TO LABELING AND PACKAGING OF THE     6,376        

CONTROLLED SUBSTANCE.                                                           

      (E)  No person shall alter, deface, or remove any label so   6,378        

affixed PURSUANT TO THIS SECTION as long as any of the original    6,379        

contents remain.                                                   6,380        

      (D)(F)  Every label for a schedule II, III, or IV drug       6,382        

CONTROLLED SUBSTANCE shall contain the following warning:          6,384        

      "Caution:  federal law prohibits the transfer of this drug   6,386        

to any person other than the patient for whom it was prescribed."  6,388        

      Sec. 3719.09.  Possession or control of controlled           6,397        

substances is authorized in the following instances and subject    6,398        

to the following conditions:                                       6,399        

      (A)  Possession of controlled substances in the course of    6,401        

                                                          142    

                                                                 
business by a manufacturer, wholesaler, practitioner LICENSED      6,402        

HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, pharmacist,     6,404        

category III terminal distributor of dangerous drugs, or other     6,405        

person authorized to administer, dispense, or possess controlled   6,406        

substances under THIS CHAPTER OR Chapter 3719. or 4729. of the     6,408        

Revised Code;                                                                   

      (B)  Possession by any person of any schedule V narcotic     6,410        

drug exempted under section 3719.15 of the Revised Code, where     6,411        

the quantity of the drug does not exceed two grains ONE HUNDRED    6,412        

THIRTY MILLIGRAMS of opium, one-half grain THIRTY-TWO AND          6,414        

FIVE-TENTHS MILLIGRAMS of morphine or any of its salts, four       6,415        

grains TWO HUNDRED SIXTY MILLIGRAMS of codeine or any of its       6,416        

salts, two grains ONE HUNDRED THIRTY MILLIGRAMS of dihydrocodeine  6,417        

or any of its salts, or one-half grain THIRTY-TWO AND FIVE-TENTHS  6,418        

MILLIGRAMS of ethylmorphine or any of its salts, or, in the case   6,420        

of any other schedule V controlled substance or any combination    6,421        

of narcotic drugs, where the quantity does not exceed in           6,422        

pharmacologic potency any one of the drugs named above in the      6,423        

quantity stated;                                                                

      (C)  Possession by any person of any controlled substance    6,425        

that the person obtained pursuant to a prescription issued by a    6,426        

practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE  6,427        

DRUGS or that was obtained for the person pursuant to a            6,428        

prescription issued by a practitioner PRESCRIBER, when the drug    6,429        

is in a container regardless of whether the container is the       6,433        

original container in which the drug was dispensed TO THAT PERSON               

directly or indirectly BY A PHARMACIST OR PERSONALLY FURNISHED to  6,435        

that person BY THE PRESCRIBER;                                                  

      (D)  Possession in the course of business of combination     6,437        

drugs that contain pentobarbital and at least one noncontrolled    6,438        

substance active ingredient, in a manufactured dosage form, the    6,440        

only indication of which is for euthanizing animals, or other      6,442        

substance that the state veterinary medical licensing board and                 

the state board of pharmacy both approve under division (A) of     6,443        

                                                          143    

                                                                 
section 4729.532 of the Revised Code, by an agent or employee of   6,445        

an animal shelter who is authorized by the licensure of the        6,446        

animal shelter with the state board of pharmacy to purchase and    6,447        

possess the drug solely for use as specified in that section.  As  6,448        

used in this division, "in the course of business" means                        

possession or use at an establishment described in a license       6,449        

issued under section 4729.54 of the Revised Code, or outside that  6,450        

establishment when necessary because of a risk to the health or    6,451        

safety of any person, provided that the substance is in a          6,452        

quantity no greater than reasonably could be used to alleviate     6,453        

the risk, is in the original manufacturer's container, and is                   

returned to the establishment as soon as possible after the risk   6,454        

has passed.                                                                     

      Sec. 3719.12.  Unless a report has been made pursuant to     6,463        

section 2929.24 of the Revised Code, on the conviction of a        6,465        

manufacturer, wholesaler, practitioner TERMINAL DISTRIBUTOR OF     6,466        

DANGEROUS DRUGS, pharmacist, PHARMACY INTERN, DENTIST, DOCTOR OF   6,467        

MEDICINE OR OSTEOPATHIC MEDICINE, PODIATRIST, REGISTERED NURSE,    6,468        

LICENSED PRACTICAL NURSE, physician assistant, or nurse            6,469        

OPTOMETRIST, OR VETERINARIAN of the violation of this chapter or   6,471        

Chapter 2925. of the Revised Code, the prosecutor in the case, on  6,472        

forms provided by the board, promptly shall report the conviction  6,474        

to the board that licensed, certified, or registered the           6,476        

manufacturer, wholesaler, practitioner, pharmacist, physician      6,477        

assistant, or nurse PERSON to practice or to carry on business.    6,479        

THE RESPONSIBLE BOARD SHALL PROVIDE FORMS TO THE PROSECUTOR.       6,480        

Within thirty days of the receipt of this information, the board   6,481        

shall initiate action in accordance with Chapter 119. of the       6,483        

Revised Code to determine whether to suspend or revoke the         6,484        

PERSON'S license, certificate, or registration.                                 

      Sec. 3719.121.  (A)  Except as otherwise provided in         6,493        

section 4723.28, 4723.35, 4730.25, or 4731.22 of the Revised       6,494        

Code, the license, certificate, or registration of any             6,496        

practitioner, DENTIST, DOCTOR OF MEDICINE OR OSTEOPATHIC           6,497        

                                                          144    

                                                                 
MEDICINE, PODIATRIST, REGISTERED NURSE, LICENSED PRACTICAL nurse,  6,498        

physician assistant, pharmacist, manufacturer, or wholesaler,      6,499        

PHARMACY INTERN, OPTOMETRIST, OR VETERINARIAN who is or becomes    6,500        

addicted to the use of controlled substances, shall be suspended   6,502        

by the board that authorized the person's license, certificate,    6,503        

or registration until the person offers satisfactory proof to the  6,505        

board that the person no longer is addicted to the use of                       

controlled substances.                                             6,506        

      (B)  If the board under which a person has been issued a     6,509        

license, certificate, or evidence of registration determines that  6,511        

there is clear and convincing evidence that continuation of the    6,512        

person's professional practice or method of distributing           6,513        

PRESCRIBING OR PERSONALLY FURNISHING controlled substances         6,515        

presents a danger of immediate and serious harm to others, the     6,516        

board may suspend the person's license, certificate, or            6,517        

registration without a hearing.  Except as otherwise provided in   6,519        

sections 4715.30, 4723.281, 4730.25, and 4731.22 of the Revised    6,521        

Code, the board shall follow the procedure for suspension without  6,522        

a prior hearing in section 119.07 of the Revised Code.  The        6,523        

suspension shall remain in effect, unless removed by the board,    6,524        

until the board's final adjudication order becomes effective,      6,525        

except that if the board does not issue its final adjudication     6,526        

order within ninety days after the hearing, the suspension shall   6,527        

be void on the ninety-first day after the hearing.                 6,528        

      (C)  On receiving notification pursuant to section 2929.24   6,530        

or 3719.12 of the Revised Code, the board under which a person     6,531        

has been issued a license, certificate, or evidence of             6,532        

registration immediately shall suspend the license, certificate,   6,534        

or registration of that person on a plea of guilty to, a finding   6,537        

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    6,539        

eligibility for treatment in lieu of conviction; a plea of guilty  6,541        

to, or a finding by a jury or court of the person's guilt of, or   6,542        

the person's conviction of an offense in another jurisdiction      6,543        

                                                          145    

                                                                 
that is essentially the same as a felony drug abuse offense; or a  6,544        

finding by a court of the person's eligibility for treatment in    6,545        

lieu of conviction in another jurisdiction.  The board shall       6,546        

notify the holder of the license, certificate, or registration of  6,547        

the suspension, which shall remain in effect until the board       6,549        

holds an adjudicatory hearing under Chapter 119. of the Revised    6,550        

Code.                                                                           

      Sec. 3719.15.  Except as specifically provided in Chapters   6,559        

THIS CHAPTER AND CHAPTER 2925. and 3719. of the Revised Code,      6,561        

such chapters shall not apply, EXCEPT AS SPECIFICALLY PROVIDED     6,562        

OTHERWISE IN THOSE CHAPTERS, to the following cases:               6,563        

      (A)  Where a practitioner LICENSED HEALTH PROFESSIONAL       6,565        

AUTHORIZED TO PRESCRIBE DRUGS administers or dispenses;            6,566        

PERSONALLY FURNISHES, or where a pharmacist or owner of a          6,569        

pharmacy sells at retail, any medicinal preparation that contains  6,570        

in one fluid ounce THIRTY MILLILITERS, or if a solid or semisolid  6,572        

preparation, in one avoirdupois ounce THIRTY GRAMS, OF ANY OF THE  6,573        

FOLLOWING:                                                                      

      (1)  Not more than two grains ONE HUNDRED THIRTY MILLIGRAMS  6,575        

of opium;                                                          6,576        

      (2)  Not more than one quarter of a grain SIXTEEN AND        6,578        

TWENTY-FIVE ONE HUNDRETHS MILLIGRAMS of morphine or of any of its  6,580        

salts;                                                                          

      (3)  Not more than one grain SIXTY-FIVE MILLIGRAMS of        6,582        

codeine or of any of its salts;                                    6,584        

      (4)  Not more than one-half grain THIRTY-TWO AND             6,586        

FIVE-TENTHS MILLIGRAMS of dihydrocodeine or any of its salts;      6,588        

      (5)  Not more than one-quarter grain SIXTEEN AND             6,590        

TWENTY-FIVE ONE HUNDRETHS MILLIGRAMS of ethylmorphine or any of    6,592        

its salts.                                                                      

      Each preparation mentioned SPECIFIED in divisions (A)(1),    6,594        

(2), (3), (4), and (5) of this section shall in addition contain   6,595        

one or more non-narcotic active medicinal ingredients in           6,596        

sufficient proportion to confer upon the preparation valuable      6,597        

                                                          146    

                                                                 
medicinal qualities other than those possessed by the narcotic     6,598        

drug alone.                                                                     

      (6)  Pharmaceutical preparations in solid form containing    6,600        

not more than two and five-tenths milligrams diphenoxylate and     6,601        

not less than twenty-five micrograms atropine sulfate per dosage   6,602        

unit.                                                              6,603        

      (B)  Where a practitioner LICENSED HEALTH PROFESSIONAL       6,605        

AUTHORIZED TO PRESCRIBE DRUGS administers or dispenses;            6,607        

PERSONALLY FURNISHES, or where a pharmacist sells at retail,       6,608        

liniments, ointments, and other preparations, that are             6,609        

susceptible of external use only and that contain narcotic drugs   6,610        

in such A combination as prevent their THAT PREVENTS THE DRUGS     6,611        

FROM being readily extracted from such THE liniments, ointments,   6,612        

or preparations, except that such sections THIS CHAPTER AND        6,614        

CHAPTER 2925. OF THE REVISED CODE shall apply to all liniments,    6,616        

ointments, and other preparations, that contain coca leaves in     6,617        

any quantity or combination.                                                    

      The medicinal preparation, or the liniment, ointment, or     6,619        

other preparation susceptible of external use only, prescribed,    6,620        

PERSONALLY FURNISHED, administered, dispensed, or sold, shall      6,622        

contain, in addition to the narcotic drug in it, some drug or      6,624        

drugs conferring upon it medicinal qualities other than those      6,625        

possessed by the narcotic drug alone.  Such THE preparation shall  6,626        

be prescribed, PERSONALLY FURNISHED, administered, compounded,     6,628        

dispensed, and sold in good faith as a medicine, and not for the   6,630        

purpose of evading such sections THIS CHAPTER OR CHAPTER 2925. OF  6,631        

THE REVISED CODE.                                                               

      Sec. 3719.172.  (A)  Possession of a hypodermic is           6,640        

authorized for THE FOLLOWING:                                      6,641        

      (1)  Any A manufacturer or distributor of, or dealer in,     6,643        

hypodermics or medication packaged in hypodermics, and any         6,644        

authorized agent or employee of such THAT manufacturer,            6,645        

distributor, or dealer, in the regular course of business;         6,647        

      (2)  A hospital, owner of a pharmacy, or pharmacist          6,649        

                                                          147    

                                                                 
TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS, in the regular course of  6,651        

business;                                                                       

      (3)  Any practitioner, nurse, or other A person authorized   6,653        

to administer injections, in the regular course of the person's    6,654        

profession or employment;                                          6,656        

      (4)  Any A person, when the hypodermic was lawfully          6,659        

obtained and is kept and used for the purpose of                                

self-administration of insulin or other drug prescribed by a       6,660        

practitioner for the treatment of disease BY A LICENSED HEALTH     6,661        

PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS;                        6,662        

      (5)  Any A person whose use of a hypodermic is for legal     6,664        

research, clinical, educational, or medicinal purposes;            6,665        

      (6)  Any A farmer, for the lawful administration of a drug   6,667        

to an animal;                                                      6,668        

      (7)  Any A person whose use of a hypodermic is for lawful    6,670        

professional, mechanical, trade, or craft purpose PURPOSES.        6,671        

      (B)  No manufacturer or distributor of, or dealer in,        6,673        

hypodermics or medication packaged in hypodermics, or their        6,674        

authorized agents or employees, and no owner of a pharmacy, or     6,675        

pharmacist TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS, shall display  6,676        

any hypodermic for sale.  No person authorized to possess a        6,678        

hypodermic pursuant to division (A) of this section shall          6,679        

negligently fail to take reasonable precautions to prevent any     6,680        

hypodermic in the person's possession from theft or acquisition    6,682        

by any unauthorized person.                                                     

      (C)  No person other than one of the following shall sell    6,684        

or furnish a hypodermic to another person:                         6,686        

      (1)  A manufacturer or distributor of, or dealer in,         6,689        

hypodermics or medication packaged in hypodermics, or their        6,690        

authorized agents or employees;                                                 

      (2)  A hospital TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS;     6,692        

      (3)  A pharmacist or person under the direct supervision of  6,694        

a pharmacist;                                                      6,695        

      (4)  A practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED  6,697        

                                                          148    

                                                                 
TO PRESCRIBE DRUGS, ACTING in the regular course of business and   6,699        

as permitted by law;                                                            

      (5)  An individual who holds a current license,              6,701        

certificate, or registration issued under Title 47 of the Revised  6,702        

Code and has been certified to conduct diabetes education by a     6,703        

national certifying body specified in rules adopted by the state   6,704        

board of pharmacy under section 4729.68 of the Revised Code, but   6,705        

only if diabetes education is within the individual's scope of     6,706        

practice under statutes and rules regulating the individual's      6,707        

profession.                                                        6,708        

      (D)  No person shall sell or furnish a hypodermic to         6,710        

another whom the person knows or has reasonable cause to believe   6,712        

is not authorized by division (A) of this section to possess a     6,713        

hypodermic.                                                        6,714        

      (E)  A pharmacist or person under the direct supervision of  6,716        

a pharmacist may furnish hypodermics to another without a          6,717        

prescription by a practitioner, but the pharmacist or person       6,718        

being supervised shall require positive identification of each     6,721        

person to whom hypodermics are furnished, and shall keep a                      

written record of each transaction, including the date, the type   6,722        

and quantity of the articles furnished, and the name, address,     6,723        

and signature of the person to whom such articles are furnished.   6,724        

Such record shall be retained in the same manner as the exempt     6,725        

narcotics register.  No pharmacist or person under a pharmacist's  6,727        

supervision shall fail to comply with this division in furnishing  6,728        

hypodermics.                                                       6,729        

      Sec. 3719.19.  No person shall be prosecuted for a           6,738        

violation of Chapter 3719. of the Revised Code, THIS CHAPTER if    6,740        

such THE person has been acquitted or convicted under the federal  6,743        

narcotic DRUG ABUSE CONTROL laws of the same act or omission       6,744        

which, it is alleged, constitutes a violation of this chapter.     6,745        

      Sec. 3719.30.  No person shall leave or deposit poison       6,754        

DANGEROUS DRUGS, POISONS, or a substance SUBSTANCES containing     6,756        

poison DANGEROUS DRUGS OR POISONS in a common, street, alley,      6,757        

                                                          149    

                                                                 
lane, or thoroughfare, or a yard or enclosure occupied by          6,758        

another.                                                                        

      Whoever violates this section shall be liable to the person  6,760        

injured for all damages sustained thereby AS A RESULT OF LEAVING   6,761        

OR DEPOSITING THE DANGEROUS DRUGS, POISONS, OR OTHER SUBSTANCES.   6,762        

      Sec. 3719.34.  Sections 3719.32 and 3719.33 of the Revised   6,771        

Code do not apply to substances dispensed to SOLD or DELIVERED     6,772        

upon the order or prescription of persons A PERSON believed by     6,775        

the dispenser SELLER OR DELIVERER to be lawfully authorized        6,776        

practitioners of medicine or dentistry A LICENSED HEALTH           6,777        

PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS.  The record of sale    6,778        

and delivery mentioned in section 3719.33 of the Revised Code is   6,780        

not required of manufacturers and wholesalers selling any of the   6,781        

substances mentioned in section 3719.32 of the Revised Code at                  

wholesale, if the box, bottle, or package containing such          6,782        

substance when sold at wholesale, is labeled with the name of the  6,783        

substance, "Poison," and the name and address of the manufacturer  6,785        

or wholesaler.                                                                  

      Sec. 3719.35.  It is not necessary to place a poison label   6,794        

upon, nor record the delivery of, ANY OF THE FOLLOWING:            6,795        

      (A)  Preparations containing substances named in section     6,797        

3719.32 of the Revised Code when a single box, bottle, or other    6,798        

package of the bulk of one-half fluid ounce FIFTEEN MILLILITERS    6,799        

or the weight of one-half avoirdupois ounce FIFTEEN GRAMS does     6,800        

not contain more than an ONE adult medicinal dose of such          6,801        

poisonous substance ANY OF THOSE SUBSTANCES;                       6,802        

      (B)  The sulphide of antimony, the oxide or carbonate of     6,804        

zinc, or colors ground in oil and intended for use as paints;      6,805        

      (C)  Calomel, paregoric, or other preparations of opium      6,807        

containing less than two grains of opium to the fluid ounce;       6,809        

      (D)  Preparations recommended in good faith for diarrhoea    6,811        

DIARRHEA or cholera, when each bottle or package is accompanied    6,814        

by specific directions for use and a caution against the habitual  6,815        

use thereof OF THE PREPARATIONS;                                                

                                                          150    

                                                                 
      (E)(D)  Liniments or ointments when plainly labeled "for     6,817        

external use only";                                                6,818        

      (F)(E)  Preparations put up and sold in the form of pills,   6,820        

tablets, or lozenges and intended for internal use, when the dose  6,822        

recommended does not contain more than one fourth of an adult      6,823        

medicinal dose of such poisonous substance ANY OF THE SUBSTANCES   6,824        

NAMED IN SECTION 3719.35 OF THE REVISED CODE.                                   

      Sec. 3719.36.  The state board of pharmacy or anyone acting  6,833        

in its behalf shall enforce sections 3719.30 to 3719.35 of the     6,835        

Revised Code.  If such THE board has information that any of such  6,836        

THOSE sections has been violated, it shall investigate, and upon   6,839        

probable cause appearing, shall file a complaint and prosecute     6,840        

the offender.                                                                   

      Fines assessed and collected under prosecutions commenced    6,842        

by such THE board shall be paid to the secretary EXECUTIVE         6,844        

DIRECTOR of the state board of pharmacy, and by him THE EXECUTIVE  6,845        

DIRECTOR paid into the state treasury to the credit of the         6,846        

occupational licensing and regulatory BOARD OF PHARMACY DRUG LAW   6,847        

ENFORCEMENT fund CREATED BY SECTION 4729.65 OF THE REVISED CODE.   6,848        

      Sec. 3719.42.  The state BOARD OF pharmacy board shall meet  6,857        

in Columbus at least once each fiscal year for the purpose of      6,859        

carrying out its duties pursuant to Chapter 3719. of the Revised   6,860        

Code UNDER THIS CHAPTER.                                                        

      Sec. 3719.44.  (A)  Pursuant to this section, and by rule    6,869        

adopted pursuant to IN ACCORDANCE WITH Chapter 119. of the         6,870        

Revised Code, the state board of pharmacy may do any of the        6,872        

following with respect to schedules I, II, III, IV, and V          6,873        

established in section 3719.41 of the Revised Code:                6,874        

      (1)  Add a previously unscheduled compound, mixture,         6,876        

preparation, or substance to any schedule;                         6,877        

      (2)  Transfer a compound, mixture, preparation, or           6,879        

substance from one schedule to another, provided the transfer      6,882        

does not have the effect under Chapter 3719. of the Revised Code   6,883        

of providing less stringent control of the compound, mixture,      6,884        

                                                          151    

                                                                 
preparation, or substance than is provided under THE federal       6,885        

narcotic DRUG ABUSE CONTROL laws;                                               

      (3)  Remove a compound, mixture, preparation, or substance   6,887        

from the schedules where the board had previously added the        6,888        

compound, mixture, preparation, or substance to the schedules,     6,889        

provided that the removal shall not have the effect under Chapter  6,890        

3719. of the Revised Code of providing less stringent control of   6,891        

the compound, mixture, preparation, or substance than is provided  6,893        

under THE federal narcotic DRUG ABUSE CONTROL laws.                6,894        

      (B)  In making a determination to add, remove, or transfer   6,896        

pursuant to division (A) of this section, the board shall          6,897        

consider the following:                                            6,898        

      (1)  The actual or relative potential for abuse;             6,900        

      (2)  The scientific evidence of the pharmacological effect   6,903        

of the substance, if known;                                                     

      (3)  The state of current scientific knowledge regarding     6,905        

the substance;                                                     6,906        

      (4)  The history and current pattern of abuse;               6,908        

      (5)  The scope, duration, and significance of abuse;         6,910        

      (6)  The risk to the public health;                          6,912        

      (7)  The potential of the substance to produce psychic or    6,914        

physiological dependence liability;                                6,915        

      (8)  Whether the substance is an immediate precursor.        6,917        

      (C)  The board may add or transfer a compound, mixture,      6,919        

preparation, or substance to schedule I when it appears that       6,920        

there is a high potential for abuse, that it has no accepted       6,921        

medical use in treatment in this state, or lacks accepted safety   6,922        

for use in treatment under medical supervision.                    6,923        

      (D)  The board may add or transfer a compound, mixture,      6,925        

preparation, or substance to schedule II when it appears that      6,926        

there is a high potential for abuse, that it has a currently       6,927        

accepted medical use in treatment in this state, or currently      6,928        

accepted medical use in treatment with severe restrictions, and    6,929        

that its abuse may lead to severe physical or severe               6,930        

                                                          152    

                                                                 
psychological dependence.                                          6,931        

      (E)  The board may add or transfer a compound, mixture,      6,933        

preparation, or substance to schedule III when it appears that     6,934        

there is a potential for abuse less than the substances included   6,935        

in schedules I and II, that it has a currently accepted medical    6,936        

use in treatment in this state, and that its abuse may lead to     6,937        

moderate or low physical or high psychological dependence.         6,938        

      (F)  The board may add or transfer a compound, mixture,      6,940        

preparation, or substance to schedule IV when it appears that it   6,941        

has a low potential for abuse relative to substances included in   6,942        

schedule III, and that it has a currently accepted medical use in  6,943        

treatment in this state, and that its abuse may lead to limited    6,944        

physical or psychological dependence relative to the substances    6,945        

included in schedule III.                                          6,946        

      (G)  The board may add or transfer a compound, mixture,      6,948        

preparation, or substance to schedule V when it appears that it    6,949        

has lower potential for abuse than substances included in          6,950        

schedule IV, and that it has currently accepted medical use in     6,951        

treatment in this state, and that its abuse may lead to limited    6,952        

physical or psychological dependence relative to substances        6,953        

included in schedule IV.                                           6,954        

      (H)  Even though a compound, mixture, preparation, or        6,956        

substance does not otherwise meet the criteria in this section     6,957        

for adding or transferring it to a schedule, the board may         6,958        

nevertheless add or transfer it to a schedule as an immediate      6,959        

precursor when all of the following apply:                         6,960        

      (1)  It is the principal compound used, or produced          6,962        

primarily for use, in the manufacture of a controlled substance;   6,963        

      (2)  It is an immediate chemical intermediary used or        6,965        

likely to be used in the manufacture of such a controlled          6,966        

substance;                                                         6,967        

      (3)  Its control is necessary to prevent, curtail, or limit  6,969        

the manufacture of the scheduled compound, mixture, preparation,   6,970        

or substance of which it is the immediate precursor.               6,971        

                                                          153    

                                                                 
      (I)  Authority to control under this section does not        6,973        

extend to distilled spirits, wine, or malt beverages, as those     6,974        

terms are defined or used in Chapter 4301. of the Revised Code.    6,975        

      (J)  Authority to control under this section does not        6,977        

extend to any nonnarcotic substance if such substance may, under   6,978        

the Federal Food, Drug, and Cosmetic Act as defined in section     6,979        

4729.02 of the Revised Code and the laws of this state, be         6,980        

lawfully sold over the counter without a prescription.  Should a   6,981        

pattern of abuse develop for any nonnarcotic drug sold over the    6,982        

counter, the board may, by rule adopted in accordance with         6,983        

Chapter 119. of the Revised Code, after a public hearing and a     6,984        

documented study to determine that the substance actually meets    6,985        

the criteria listed in division (B) of this section, place such    6,986        

abused substance on a prescription basis CONTROLLED SUBSTANCE      6,987        

SCHEDULE.                                                          6,988        

      (K)(1)  A drug product containing ephedrine that is known    6,990        

as one of the following and is in the form specified shall not be  6,991        

considered a schedule V controlled substance:                      6,992        

      (a)  Amesec capsules;                                        6,994        

      (b)  Bronitin tablets;                                       6,996        

      (c)  Bronkotabs;                                             6,998        

      (d)  Bronkolixir;                                            7,000        

      (e)  Bronkaid tablets;                                       7,002        

      (f)  Efedron nasal jelly;                                    7,004        

      (g)  Guiaphed elixir;                                        7,006        

      (h)  Haysma;                                                 7,008        

      (i)  Pazo hemorrhoid ointment and suppositories;             7,010        

      (j)  Primatene "M" formula tablets;                          7,012        

      (k)  Primatene "P" formula tablets;                          7,014        

      (l)  Tedrigen tablets;                                       7,016        

      (m)  Tedral tablets, suspension and elixir;                  7,018        

      (n)  T.E.P.;                                                 7,020        

      (o)  Vatronol nose drops.                                    7,022        

      (2)(a)  A product containing ephedrine shall not be          7,024        

                                                          154    

                                                                 
considered a controlled substance if the product is a food         7,025        

product or dietary supplement that meets all of the following      7,026        

criteria:                                                                       

      (i)  It contains, per dosage unit or serving, not more than  7,028        

the lesser of twenty-five milligrams of ephedrine alkaloids or     7,029        

the maximum amount of ephedrine alkaloids provided in applicable   7,030        

regulations adopted by the United States food and drug             7,031        

administration, and no other controlled substance.                 7,032        

      (ii)  It contains no hydrochloride or sulfate salts of       7,034        

ephedrine alkaloids.                                               7,035        

      (iii)  It is packaged with a prominent label securely        7,037        

affixed to each package that states all of the following:  the     7,038        

amount in milligrams of ephedrine in a serving or dosage unit;     7,039        

the amount of the food product or dietary supplement that          7,040        

constitutes a serving or dosage unit; that the maximum             7,041        

recommended dosage of ephedrine for a healthy adult human is the                

lesser of one hundred milligrams in a twenty-four-hour period for  7,043        

not more than twelve weeks or the maximum recommended dosage or    7,044        

period of use provided in applicable regulations adopted by the    7,045        

United States food and drug administration; and that improper use  7,046        

of the product may be hazardous to a person's health.                           

      (b)(i)  Subject to division (K)(2)(b)(ii) of this section,   7,049        

no person shall dispense, sell, or otherwise give a product                     

described in division (K)(2)(a) of this section to any individual  7,051        

under eighteen years of age.                                                    

      (ii)  Division (K)(2)(b)(i) of this section does not apply   7,054        

to a physician or pharmacist who dispenses, sells, or otherwise    7,055        

gives a product described in division (K)(2)(a) of this section    7,056        

to an individual under eighteen years of age, to a parent or                    

guardian of an individual under eighteen years of age who          7,057        

dispenses, sells, or otherwise gives a product of that nature to   7,059        

the individual under eighteen years of age, or to a person who,    7,060        

as authorized by the individual's parent or legal guardian,                     

dispenses, sells, or otherwise gives a product of that nature to   7,061        

                                                          155    

                                                                 
an individual under eighteen years of age.                         7,062        

      (c)  No person in the course of selling, offering for sale,  7,064        

or otherwise distributing a product described in division          7,065        

(K)(2)(a) of this section shall advertise or represent in any      7,067        

manner that the product causes euphoria, ecstasy, a "buzz" or      7,068        

"high," or an altered mental state; heightens sexual performance;  7,069        

or, because it contains ephedrine alkaloids, increased muscle      7,070        

mass.                                                                           

      (3)  A drug product that contains the isomer                 7,072        

pseudoephedrine, or any of its salts, optical isomers, or salts    7,073        

of optical isomers, shall not be considered a controlled           7,074        

substance if the drug product is labeled in a manner consistent    7,075        

with federal law or with the product's over-the-counter tentative  7,076        

final monograph or final monograph issued by the United States     7,077        

food and drug administration.                                                   

      (4)  At the request of any person, the board may except any  7,079        

product containing ephedrine not described in division (K)(1) or   7,081        

(2) of this section or any class of products containing ephedrine  7,082        

from being included as a schedule V controlled substance if it     7,083        

determines that the product or class of products does not contain               

any other controlled substance.  The board shall make the          7,085        

determination in accordance with this section and by rule adopted  7,086        

in accordance with Chapter 119. of the Revised Code.               7,087        

      (L)  As used in this section:                                7,089        

      (1)  "Food" has the same meaning as in section 3715.01 of    7,091        

the Revised Code;                                                               

      (2)  "Dietary supplement" has the meaning given in the       7,093        

"Federal Food, Drug, and Cosmetic Act," 108 Stat. 4327 (1994), 21  7,094        

U.S.C.A. 321 (ff), as amended.                                     7,095        

      (3)  "Ephedrine alkaloids" means ephedrine,                  7,097        

pseudoephedrine, norephedrine, norpseudoephedrine,                 7,098        

methylephedrine, and methylpseudoephedrine.                        7,099        

      Sec. 3719.61.  Nothing in the laws dealing with drugs of     7,108        

abuse shall be construed to prohibit treatment of narcotic drug    7,109        

                                                          156    

                                                                 
dependent persons by the continuing maintenance of their           7,110        

dependence through the administration of methadone in accordance   7,111        

with the rules adopted by the department of alcohol and drug       7,112        

addiction services under section 3793.11 of the Revised Code,      7,113        

when all of the following apply:                                   7,114        

      (A)  The likelihood that any person undergoing maintenance   7,116        

treatment will be cured of his dependence on narcotic drugs is     7,117        

remote, the treatment is prescribed by a practitioner for the      7,118        

purpose of alleviating or controlling the patient's drug           7,119        

dependence, and the patient's prognosis while undergoing such      7,120        

treatment is at least a partial improvement in his THE PATIENT'S   7,121        

asocial or antisocial behavior patterns;                           7,122        

      (B)  In the case of an inpatient in a hospital or clinic,    7,124        

the amount of the maintenance drug dispensed at any one time does  7,125        

not exceed the quantity necessary for a single dose, and such THE  7,127        

dose is administered to the patient immediately;                   7,128        

      (C)  In the case of an outpatient, the amount of the         7,130        

maintenance drug dispensed at any one time shall be determined by  7,131        

a practitioner with regard to THE PATIENT'S TREATMENT PROVIDER     7,132        

TAKING INTO ACCOUNT the patient's progress in the treatment        7,134        

program, and the patient's needs for gainful employment,           7,135        

education, and responsible homemaking, provided, EXCEPT that in    7,137        

no event shall the dosage be greater than the amount permitted by  7,138        

federal law and rules adopted by the department pursuant to                     

section 3793.11 of the Revised Code;                               7,139        

      (D)  The drug is not dispensed in any case to replace or     7,141        

supplement any part of a supply of the drug previously dispensed,  7,142        

or when there is reasonable cause to believe it will be used or    7,143        

disposed of unlawfully;                                            7,144        

      (E)  The drug is dispensed through a program licensed and    7,146        

operated in accordance with section 3793.11 of the Revised Code.   7,147        

      Sec. 3719.81.  (A)  A person may furnish another a sample    7,156        

of any drug of abuse, or of any drug or pharmaceutical             7,157        

preparation which THAT would be hazardous to health or safety if   7,158        

                                                          157    

                                                                 
used without the supervision of a practitioner LICENSED HEALTH     7,160        

PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, if all of the          7,162        

following apply:                                                   7,163        

      (1)  The sample is furnished by a manufacturer,              7,165        

manufacturer's representative, or wholesale dealer in              7,166        

pharmaceuticals to a practitioner LICENSED HEALTH PROFESSIONAL     7,167        

AUTHORIZED TO PRESCRIBE DRUGS, or is furnished by SUCH a           7,168        

practitioner PROFESSIONAL to a patient for use as medication;      7,169        

      (2)  The drug is in the original container in which it was   7,171        

placed by the manufacturer, and such THE container is plainly      7,172        

marked as a sample;                                                7,174        

      (3)  Prior to its being furnished, the drug sample has been  7,176        

stored under the proper conditions to prevent its deterioration    7,177        

or contamination;                                                  7,178        

      (4)  If the drug is of a type which deteriorates with time,  7,180        

the sample container is plainly marked with the date beyond which  7,181        

the drug sample is unsafe to use, and such THE date has not        7,182        

expired on the sample furnished.  Compliance with the labeling     7,184        

requirements of the "Federal Food, Drug, and Cosmetics COSMETIC    7,186        

Act," 52 STAT. 1040 (1938), 21 U.S.C.A. 301, AS AMENDED, shall be  7,187        

deemed compliance with this section;.                              7,189        

      (5)  The drug is distributed, stored, or discarded in such   7,191        

a way that the drug sample may not be acquired or used by any      7,192        

unauthorized person, or by any person, including a child, for      7,193        

whom it may present a health or safety hazard.                     7,194        

      (B)  Division (A) of this section does not apply DO ANY OF   7,196        

THE FOLLOWING:                                                     7,197        

      (1)  APPLY to OR restrict the furnishing of any sample of a  7,199        

nonnarcotic substance if such THE substance may, under the         7,201        

"Federal Food, Drug, and Cosmetic Act", as defined in division     7,202        

(D)(1) of section 4729.02 of the Revised Code, and under the laws  7,203        

of this state, otherwise be lawfully sold over the counter         7,204        

without a prescription;                                                         

      (2)  AUTHORIZE AN ADVANCED PRACTICE NURSE TO FURNISH A       7,206        

                                                          158    

                                                                 
SAMPLE OF ANY DRUG;                                                7,207        

      (3)  AUTHORIZE AN OPTOMETRIST TO FURNISH A SAMPLE OF A DRUG  7,210        

THAT IS NOT A DRUG THE OPTOMETRIST IS AUTHORIZED TO PRESCRIBE.                  

      (C)  The state board of pharmacy shall, pursuant to          7,212        

sections 119.01 to 119.13 IN ACCORDANCE WITH CHAPTER 119. of the   7,214        

Revised Code, adopt regulations RULES AS necessary to give effect  7,215        

to this section.                                                                

      Sec. 3719.99.  (A)  Whoever violates section 3719.16 or      7,224        

3719.161 of the Revised Code is guilty of a felony of the fifth    7,226        

degree.  If the offender previously has been convicted of a                     

violation of section 3719.16 or 3719.161 of the Revised Code or a  7,227        

drug abuse offense, a violation of section 3719.16 or 3719.161 of  7,228        

the Revised Code is a felony of the fourth degree.  If the         7,229        

violation involves the sale, offer to sell, or possession of a     7,230        

schedule I or II controlled substance, with the exception of       7,231        

marihuana, and if the offender, as a result of the violation, is   7,232        

a major drug offender, division (D) of this section applies.       7,233        

      (B)  Whoever violates division (C) or (D) of section         7,235        

3719.172 of the Revised Code is guilty of a felony of the fifth    7,237        

degree.  If the offender previously has been convicted of a                     

violation of division (C) or (D) of section 3719.172 of the        7,238        

Revised Code or a drug abuse offense, a violation of division (C)  7,239        

or (D) of section 3719.172 of the Revised Code is a felony of the  7,241        

fourth degree.  If the violation involves the sale, offer to       7,242        

sell, or possession of a schedule I or II controlled substance,    7,243        

with the exception of marihuana, and if the offender, as a result  7,244        

of the violation, is a major drug offender, division (D) of this   7,245        

section applies.                                                                

      (C)  Whoever violates section 3719.07 or 3719.08 of the      7,247        

Revised Code is guilty of a misdemeanor of the first degree.  If   7,248        

the offender previously has been convicted of a violation of       7,249        

section 3719.07 or 3719.08 of the Revised Code or a drug abuse     7,250        

offense, a violation of section 3719.07 or 3719.08 of the Revised  7,251        

Code is a felony of the fifth degree.  If the violation involves   7,252        

                                                          159    

                                                                 
the sale, offer to sell, or possession of a schedule I or II       7,253        

controlled substance, with the exception of marihuana, and if the  7,254        

offender, as a result of the violation, is a major drug offender,  7,255        

division (D) of this section applies.                              7,256        

      (D)(1)  If an offender is convicted of or pleads guilty to   7,258        

a felony violation of section 3719.07, 3719.08, 3719.16, or        7,259        

3719.161 or of division (C) or (D) of section 3719.172 of the      7,260        

Revised Code, if the violation involves the sale, offer to sell,   7,261        

or possession of a schedule I or II controlled substance, with     7,262        

the exception of marihuana, and if the offender, as a result of    7,263        

the violation, is a major drug offender, the court that sentences  7,264        

the offender, in lieu of the prison term authorized or required                 

by division (A), (B), or (C) of this section and sections 2929.13  7,266        

and 2929.14 of the Revised Code and in addition to any other                    

sanction imposed for the offense under sections 2929.11 to         7,267        

2929.18 of the Revised Code, shall impose upon the offender, in    7,268        

accordance with division (D)(3)(a) of section 2929.14 of the       7,270        

Revised Code, the mandatory prison term specified in that          7,271        

division and may impose an additional prison term under division                

(D)(3)(b) of that section.                                         7,272        

      (2)  Notwithstanding any contrary provision of section       7,274        

3719.21 of the Revised Code, the clerk of the court shall pay any  7,276        

fine imposed for a felony violation of section 3719.07, 3719.08,   7,277        

3719.16, or 3719.161 or of division (C) or (D) of section          7,278        

3719.172 of the Revised Code pursuant to division (A) of section   7,279        

2929.18 of the Revised Code in accordance with and subject to the               

requirements of division (F) of section 2925.03 of the Revised     7,280        

Code.  The agency that receives the fine shall use the fine as     7,281        

specified in division (F) of section 2925.03 of the Revised Code.  7,282        

      (E)  Whoever violates section 3719.05, 3719.06, 3719.13, or  7,284        

3719.31 or division (B) or (E) of section 3719.172 of the Revised  7,286        

Code is guilty of a misdemeanor of the third degree.  If the       7,287        

offender previously has been convicted of a violation of section   7,288        

3719.05, 3719.06, 3719.13, or 3719.31 or division (B) or (E) of    7,289        

                                                          160    

                                                                 
section 3719.172 of the Revised Code or a drug abuse offense, a    7,290        

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   7,291        

misdemeanor of the first degree.                                   7,292        

      (F)  Whoever violates section 3719.30 of the Revised Code    7,294        

is guilty of a misdemeanor of the fourth degree.  If the offender  7,295        

previously has been convicted of a violation of section 3719.30    7,296        

of the Revised Code or a drug abuse offense, a violation of        7,297        

section 3719.30 of the Revised Code is a misdemeanor of the third  7,298        

degree.                                                                         

      (G)  Whoever violates section 3719.32 or 3719.33 of the      7,300        

Revised Code is guilty of a minor misdemeanor.                     7,301        

      (H)  Whoever violates division (K)(2)(b) of section 3719.44  7,303        

of the Revised Code is guilty of a felony of the fifth degree.     7,304        

      (I)  Whoever violates division (K)(2)(c) of section 3719.44  7,306        

of the Revised Code is guilty of a misdemeanor of the second       7,307        

degree.                                                                         

      (J)  As used in this section, "major drug offender" has the  7,309        

same meaning as in section 2929.01 of the Revised Code.            7,310        

      Sec. 3729.01.  As used in this chapter:                      7,319        

      (A)  "Ambulatory care facility" means a facility that        7,321        

provides medical, diagnostic, or surgical treatment to patients    7,322        

who do not require hospitalization, including a dialysis center,   7,323        

ambulatory surgical facility, cardiac catheterization facility,    7,324        

diagnostic imaging center, extracorporeal shock wave lithotripsy   7,325        

center, home health agency, inpatient hospice, birthing center,    7,326        

radiation therapy center, emergency facility, and an urgent care   7,327        

center.  "Ambulatory health care facility" does not include the    7,328        

private office of a physician or dentist, whether the office is    7,329        

for an individual or group practice.                               7,330        

      (B)  "Beneficiary" and "third-party payer" have the same     7,332        

meanings as in section 3901.38 of the Revised Code.                7,333        

      (C)  "Disability assistance medical assistance program"      7,335        

means the disability assistance medical assistance program         7,336        

                                                          161    

                                                                 
established under Chapter 5115. of the Revised Code.               7,337        

      (D)  "Emergency facility" means a hospital emergency         7,339        

department or any other facility that provides emergency medical   7,340        

services.                                                          7,341        

      (E)  "Global fee" means the collective cost of professional  7,343        

fees, outpatient or inpatient billings, pharmaceutical products,   7,344        

and other medical or surgical products required to ensure          7,345        

satisfactory outcomes for a given diagnosis.                       7,346        

      (F)  "Health care practitioner" has the same meaning as in   7,348        

section 4769.01 of the Revised Code.                               7,349        

      (G)  "Health care provider" means a hospital, ambulatory     7,351        

care facility, long-term care facility, pharmacy, emergency        7,352        

facility, or health care practitioner.                             7,353        

      (H)  "Hospital" has the same meaning as in section 3727.01   7,355        

of the Revised Code.                                               7,356        

      (I)  "Long-term care facility" means any of the following:   7,358        

      (1)  A nursing home, residential care facility, or home for  7,361        

the aging, all as defined in section 3721.01 of the Revised Code;  7,362        

      (2)  An adult care facility, as defined in section 3722.01   7,364        

of the Revised Code;                                               7,365        

      (3)  A nursing facility, as defined in section 5111.20 of    7,367        

the Revised Code;                                                  7,368        

      (4)  An intermediate care facility for the mentally          7,370        

retarded, as defined in section 5111.20 of the Revised Code;       7,371        

      (5)  A facility or portion of a facility certified as a      7,373        

skilled nursing facility under Title XVIII of the "Social          7,374        

Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended.   7,375        

      (J)  "Medical assistance program" means the program          7,377        

established under Chapter 5111. of the Revised Code and Title XIX  7,378        

of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A.     7,379        

301, as amended.                                                   7,380        

      (K)  "Medicare" means the program established under Title    7,382        

XVIII of the "Social Security Act."                                7,383        

      (L)  "Pharmacy" has the same meaning as in section 4729.02   7,385        

                                                          162    

                                                                 
4729.01 of the Revised Code.                                       7,387        

      (M)  "Physician" means an individual authorized under        7,390        

Chapter 4731. of the Revised Code to practice medicine and         7,391        

surgery, osteopathic medicine and surgery, or podiatry.            7,392        

      (N)  "Price" means the actual payment for health care        7,394        

services or supplies by a patient or third-party payer.            7,395        

      (O)(1)  "Public health care program" means any program of    7,397        

health care benefits that is provided by the state or a political  7,398        

subdivision of this state, including all of the following:         7,399        

      (a)  The program for medically handicapped children          7,401        

established under sections 3701.021 to 3701.028 of the Revised     7,402        

Code;                                                              7,403        

      (b)  The medical assistance program;                         7,405        

      (c)  The disability assistance medical assistance program;   7,408        

      (d)  Health care benefits administered by the bureau of      7,410        

workers' compensation;                                             7,411        

      (e)  Mental health services certified by the department of   7,413        

mental health and provided in whole or in part under contract      7,414        

with a community mental health board, or a board of alcohol, drug  7,415        

addiction, and mental health services;                             7,416        

      (f)  Health care services administered by the department of  7,418        

alcohol and drug addiction services or a board of alcohol, drug    7,419        

addiction, and mental health services;                             7,420        

      (g)  Health care services administered by the department of  7,422        

mental retardation and developmental disabilities or a county      7,423        

board of mental retardation and developmental disabilities;        7,424        

      (h)  Health care services administered by the                7,426        

rehabilitation services commission;                                7,427        

      (i)  Health care services administered by the department of  7,429        

rehabilitation and correction;                                     7,430        

      (j)  Health care services administered by the department of  7,432        

youth services.                                                    7,433        

      (2)  "Public health care program" does not mean health care  7,435        

coverage provided to public employees or health care benefits      7,436        

                                                          163    

                                                                 
provided to persons receiving a pension, annuity, allowance, or    7,437        

benefit from the public employees retirement system, the school    7,438        

employees retirement system, the state teachers retirement         7,439        

system, the police and firemen's disability and pension fund, or   7,440        

the state highway patrol retirement system.                        7,441        

      Sec. 4121.443.  (A)  There is hereby created the health      7,451        

care advisory committee consisting of nine members appointed by    7,452        

the administrator of workers' compensation as follows:  one who    7,453        

is a representative of physicians licensed to practice medicine    7,454        

and surgery under Chapter 4731. of the Revised Code, one who is a  7,455        

representative of physicians licensed to practice osteopathic      7,456        

medicine and surgery under Chapter 4731. of the Revised Code, one  7,457        

who is a representative of chiropractors licensed under Chapter    7,458        

4734. of the Revised Code, one who is a representative of          7,459        

pharmacists registered LICENSED under Chapter 4729. of the         7,460        

Revised Code, one who is a licensed dentist under Chapter 4715.    7,462        

of the Revised Code; one who is a representative of podiatrists    7,463        

certified under Chapter 4731. of the Revised Code; one who is a    7,464        

representative of psychologists licensed under Chapter 4732. of    7,465        

the Revised Code; one who is a representative of rehabilitation    7,466        

specialists, and one who is a representative of hospitals          7,467        

authorized to operate pursuant to section 3727.02 of the Revised   7,468        

Code.  The administrator may consult with and obtain               7,469        

recommendations from the Ohio state medical association, the Ohio  7,470        

osteopathic association, the Ohio state chiropractic association,  7,471        

the Ohio pharmacists association, and the Ohio hospital            7,472        

association for the purpose of making his appointments to the      7,473        

committee.  The administrator shall make initial appointments to   7,474        

the committee within ninety days after the effective date of this  7,475        

section. Members shall serve at the pleasure of the administrator  7,476        

and may be reappointed.  Vacancies shall be filled in the manner   7,477        

provided for original appointments.  Committee members shall       7,478        

receive no compensation or expenses for the performance of their   7,479        

duties as members of the committee.                                7,480        

                                                          164    

                                                                 
      (B)  Prior to adopting rules under section 4121.441 of the   7,482        

Revised Code concerning issues pertaining to health care           7,483        

providers, the administrator shall provide the committee an        7,484        

opportunity to comment on and give advice concerning those rules.  7,485        

      (C)  No member of the committee shall divulge any            7,487        

confidential information that is disclosed to the member in the    7,488        

performance of his OFFICIAL duties as a member of the committee.   7,489        

      Sec. 4301.01.  (A)  As used in the Revised Code:             7,496        

      (1)  "Intoxicating liquor" and "liquor" include all liquids  7,498        

and compounds, other than beer as defined in division (B)(2) of    7,499        

this section, containing one-half of one per cent or more of       7,500        

alcohol by volume which are fit to use for beverage purposes,      7,501        

from whatever source and by whatever process produced, by          7,502        

whatever name called, and whether the same are medicated,          7,503        

proprietary, or patented.  The phrase includes wine, as defined    7,504        

in division (B)(3) of this section even if it contains less than   7,505        

four per cent of alcohol by volume, mixed beverages, as defined    7,506        

in division (B)(4) of this section even if they contain less than  7,507        

four per cent of alcohol by volume, cider, as defined in division  7,508        

(B)(23) of this section, alcohol, and all solids and confections   7,510        

which contain any alcohol.                                                      

      (2)  Except as used in sections 4301.01 to 4301.20, 4301.22  7,512        

to 4301.52, 4301.56, 4301.70, 4301.72, and 4303.01 to 4303.36 of   7,513        

the Revised Code, "sale" and "sell" include exchange, barter,      7,514        

gift, offer for sale, sale, distribution and delivery of any       7,515        

kind, and the transfer of title or possession of beer and          7,516        

intoxicating liquor either by constructive or actual delivery by   7,517        

any means or devices whatever, including the sale of beer or       7,518        

intoxicating liquor by means of a controlled access alcohol and    7,519        

beverage cabinet pursuant to section 4301.21 of the Revised Code.  7,520        

"Sale" and "sell" do not include the mere solicitation of orders   7,522        

for beer or intoxicating liquor from the holders of permits        7,523        

issued by the division of liquor control authorizing the sale of   7,524        

the beer or intoxicating liquor, but no solicitor shall solicit    7,525        

                                                          165    

                                                                 
any such orders until the solicitor has been registered with the   7,527        

division pursuant to section 4303.25 of the Revised Code.          7,528        

      (3)  "Vehicle" includes all means of transportation by       7,530        

land, by water, or by air, and everything made use of in any way   7,531        

for such transportation.                                           7,532        

      (B)  As used in sections 4301.01 to 4301.74 of the Revised   7,534        

Code:                                                              7,535        

      (1)  "Alcohol" means ethyl alcohol, whether rectified or     7,537        

diluted with water or not, whatever its origin may be, and         7,538        

includes synthetic ethyl alcohol.  "Alcohol" does not include      7,540        

denatured alcohol and wood alcohol.                                             

      (2)  "Beer," "malt liquor," or "malt beverages" includes     7,542        

all brewed or fermented malt products containing one-half of one   7,543        

per cent or more of alcohol by volume but not more than six per    7,544        

cent of alcohol by weight.                                         7,545        

      (3)  "Wine" includes all liquids fit to use for beverage     7,547        

purposes containing not less than one-half of one per cent of      7,548        

alcohol by volume and not more than twenty-one per cent of         7,549        

alcohol by volume, which is made from the fermented juices of      7,550        

grapes, fruits, or other agricultural products, except that as     7,551        

used in sections 4301.13, 4301.421, 4301.422, 4301.432, and        7,553        

4301.44 of the Revised Code, and, for purposes of determining the  7,554        

rate of the tax that applies, division (B) of section 4301.43 of   7,555        

the Revised Code, "wine" does not include cider.                                

      (4)  "Mixed beverages" such as bottled and prepared          7,557        

cordials, cocktails, and highballs are products obtained by        7,558        

mixing any type of whiskey, neutral spirits, brandy, gin, or       7,559        

other distilled spirits with, or over, carbonated or plain water,  7,560        

pure juices from flowers and plants, and other flavoring           7,561        

materials.  The completed product shall contain not less than      7,562        

one-half of one per cent of alcohol by volume and not more than    7,563        

twenty-one per cent of alcohol by volume.                          7,564        

      (5)  "Spirituous liquor" includes all intoxicating liquors   7,566        

containing more than twenty-one per cent of alcohol by volume.     7,567        

                                                          166    

                                                                 
      (6)  "Sealed container" means any container having a         7,569        

capacity of not more than one hundred twenty-eight fluid ounces,   7,570        

the opening of which is closed to prevent the entrance of air.     7,571        

      (7)  "Person" includes firms and corporations.               7,573        

      (8)  "Manufacture" includes all processes by which beer or   7,575        

intoxicating liquor is produced, whether by distillation,          7,576        

rectifying, fortifying, blending, fermentation, brewing, or in     7,577        

any other manner.                                                  7,578        

      (9)  "Manufacturer" means any person engaged in the          7,580        

business of manufacturing beer or intoxicating liquor.             7,581        

      (10)  "Wholesale distributor" and "distributor" means a      7,583        

person engaged in the business of selling to retail dealers for    7,584        

purposes of resale.                                                7,585        

      (11)  "Hotel" has the meaning set forth in section 3731.01   7,587        

of the Revised Code, subject to the exceptions mentioned in        7,588        

section 3731.03 of the Revised Code.                               7,589        

      (12)  "Restaurant" means a place located in a permanent      7,591        

building provided with space and accommodations wherein, in        7,592        

consideration of the payment of money, hot meals are habitually    7,593        

prepared, sold, and served at noon and evening, as the principal   7,594        

business of the place.  "Restaurant" does not include drugstores   7,596        

PHARMACIES, confectionery stores, lunch stands, night clubs, and   7,597        

filling stations.                                                  7,598        

      (13)  "Club" means a corporation or association of           7,600        

individuals organized in good faith for social, recreational,      7,601        

benevolent, charitable, fraternal, political, patriotic, or        7,602        

athletic purposes, which is the owner, lessor, or occupant of a    7,603        

permanent building or part thereof operated solely for those       7,605        

purposes, membership in which entails the prepayment of regular    7,606        

dues, and includes the place so operated.                          7,607        

      (14)  "Night club" means a place operated for profit, where  7,609        

food is served for consumption on the premises and one or more     7,610        

forms of amusement are provided or permitted for a consideration   7,611        

which may be in the form of a cover charge or may be included in   7,612        

                                                          167    

                                                                 
the price of the food and beverages, or both, purchased by the     7,613        

patrons thereof.                                                   7,614        

      (15)  "At retail" means for use or consumption by the        7,616        

purchaser and not for resale.                                      7,617        

      (16)  "Drugstore PHARMACY" means an establishment as         7,619        

defined in section 4729.27 4729.01 of the Revised Code, which is   7,620        

under the management or control of a legally registered LICENSED   7,622        

pharmacist IN ACCORDANCE WITH SECTION 4729.27 OF THE REVISED       7,623        

CODE.                                                                           

      (17)  "Enclosed shopping center" means a group of retail     7,625        

sales and service business establishments that face into an        7,626        

enclosed mall, share common ingress, egress, and parking           7,627        

facilities, and are situated on a tract of land that contains an   7,628        

area of not less than five hundred thousand square feet.           7,629        

"Enclosed shopping center" also includes not more than one         7,630        

business establishment that is located within a free-standing      7,631        

building on such a tract of land, so long as the sale of beer and  7,632        

intoxicating liquor on the tract of land was approved in an        7,633        

election held under former section 4301.353 of the Revised Code.   7,634        

      (18)  "Controlled access alcohol and beverage cabinet"       7,636        

means a closed container, either refrigerated, in whole or in      7,637        

part, or nonrefrigerated, access to the interior of which is       7,638        

restricted by means of a device which requires the use of a key,   7,639        

magnetic card, or similar device and from which beer,              7,640        

intoxicating liquor, other beverages, or food may be sold.         7,641        

      (19)  "Residence district" means two or more contiguous      7,643        

election precincts located within the same county and also         7,644        

located within the same municipal corporation or within the        7,645        

unincorporated area of the same township, as described by a        7,646        

petition authorized by section 4301.33, 4301.332, 4303.29, or      7,647        

4305.14 of the Revised Code.                                       7,648        

      (20)  "Low-alcohol beverage" means any brewed or fermented   7,650        

malt product, or any product made from the fermented juices of     7,652        

grapes, fruits, or other agricultural products, that contains      7,653        

                                                          168    

                                                                 
either no alcohol or less than one-half of one per cent of         7,654        

alcohol by volume.  The beverages described in division (B)(20)    7,655        

of this section do not include a soft drink such as root beer,     7,656        

birch beer, or ginger beer.                                        7,657        

      (21)  "Cider" means all liquids fit to use for beverage      7,660        

purposes that contain one-half of one per cent of alcohol by       7,661        

volume, but not more than six per cent of alcohol by weight that   7,662        

are made through the normal alcoholic fermentation of the juice    7,663        

of sound, ripe apples, including, without limitation, flavored,    7,664        

sparkling, or carbonated cider and cider made from pure condensed  7,665        

apple must.                                                                     

      Sec. 4301.69.  (A)  Except as otherwise provided in this     7,674        

chapter, no person shall sell beer or intoxicating liquor to an    7,675        

underage person, shall buy beer or intoxicating liquor for an      7,676        

underage person, or shall furnish it to an underage person,        7,677        

unless given by a physician in the regular line of his THE         7,678        

PHYSICIAN'S practice or given for established religious purposes   7,679        

or unless the underage person is accompanied by a parent, spouse   7,681        

who is not an underage person, or legal guardian.                  7,682        

      In proceedings before the liquor control commission, no      7,684        

permit holder, or the employee or agent of a permit holder,        7,685        

charged with a violation of this division shall be charged, for    7,686        

the same offense, with a violation of division (A)(1) of section   7,687        

4301.22 of the Revised Code.                                       7,688        

      (B)  No person who is the owner or occupant of any public    7,690        

or private place shall knowingly allow any underage person to      7,691        

remain in or on the place while possessing or consuming beer or    7,692        

intoxicating liquor, unless the intoxicating liquor or beer is     7,693        

given to the person possessing or consuming it by that person's    7,694        

parent, spouse who is not an underage person, or legal guardian    7,695        

and the parent, spouse who is not an underage person, or legal     7,696        

guardian is present at the time of the person's possession or      7,697        

consumption of the beer or intoxicating liquor.                    7,698        

      An owner of a public or private place is not liable for      7,700        

                                                          169    

                                                                 
acts or omissions in violation of this division that are           7,701        

committed by a lessee of that place, unless the owner authorizes   7,702        

or acquiesces in the lessee's acts or omissions.                   7,703        

      (C)  No person shall engage or use accommodations at a       7,705        

hotel, inn, cabin, campground, or restaurant when he THE PERSON    7,706        

knows or has reason to know either of the following:               7,707        

      (1)  That beer or intoxicating liquor will be consumed by    7,709        

an underage person on the premises of the accommodations that the  7,710        

person engages or uses, unless the person engaging or using the    7,711        

accommodations is the spouse of the underage person and who is     7,712        

not himself an underage person, or is the parent or legal          7,713        

guardian of all of the underage persons, who consume beer or       7,714        

intoxicating liquor on the premises and that person is on the      7,715        

premises at all times when beer or intoxicating liquor is being    7,716        

consumed by an underage person;                                    7,717        

      (2)  That a drug of abuse will be consumed on the premises   7,719        

of the accommodations by any person, except a person who obtained  7,720        

the drug of abuse pursuant to a prescription issued by a           7,721        

practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE  7,722        

DRUGS and has the drug of abuse in the original container in       7,724        

which it was dispensed to the person.                                           

      (D)(1)  No person is required to permit the engagement of    7,726        

accommodations at any hotel, inn, cabin, or campground by an       7,727        

underage person or for an underage person, if the person engaging  7,728        

the accommodations knows or has reason to know that the underage   7,729        

person is intoxicated, or that the underage person possesses any   7,730        

beer or intoxicating liquor and is not accompanied by a parent,    7,731        

spouse who is not an underage person, or legal guardian who is or  7,732        

will be present at all times when the beer or intoxicating liquor  7,733        

is being consumed by the underage person.                          7,734        

      (2)  No underage person shall knowingly engage or attempt    7,736        

to engage accommodations at any hotel, inn, cabin, or campground   7,737        

by presenting identification that falsely indicates that he THE    7,738        

UNDERAGE PERSON is twenty-one years of age or older for the        7,739        

                                                          170    

                                                                 
purpose of violating this section.                                 7,741        

      (E)  No underage person shall knowingly possess or consume   7,743        

any beer or intoxicating liquor, in any public or private place,   7,744        

unless he THE UNDERAGE PERSON is accompanied by a parent, spouse   7,745        

who is not an underage person, or legal guardian, or unless the    7,747        

beer or intoxicating liquor is given by a physician in the         7,748        

regular line of his THE PHYSICIAN'S practice or given for          7,749        

established religious purposes.                                    7,750        

      (F)  No parent, spouse who is not an underage person, or     7,752        

legal guardian of a minor shall knowingly permit the minor to      7,753        

violate this section or section 4301.63, 4301.632, 4301.633, or    7,754        

4301.634 of the Revised Code.                                      7,755        

      (G)  The operator of any hotel, inn, cabin, or campground    7,757        

shall make the provisions of this section available in writing to  7,758        

any person engaging or using accommodations at the hotel, inn,     7,759        

cabin, or campground.                                              7,760        

      (H)  As used in this section:                                7,762        

      (1)  "Drug of abuse" has the same meaning as in section      7,764        

3719.011 of the Revised Code.                                      7,765        

      (2)  "Hotel" has the same meaning as in section 3731.01 of   7,767        

the Revised Code.                                                  7,768        

      (3)  "LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE   7,770        

DRUGS" AND "PRESCRIPTION" HAVE THE SAME MEANINGS AS IN SECTION     7,772        

4729.01 OF THE REVISED CODE.                                                    

      (4)  "Minor" means a person under the age of eighteen        7,774        

years.                                                             7,775        

      (4)  "Practitioner" and "prescription" have the same         7,777        

meanings as in section 3719.01 of the Revised Code.                7,778        

      (5)  "Underage person" means a person under the age of       7,780        

twenty-one years.                                                  7,781        

      Sec. 4303.01.  As used in sections 4303.01 to 4303.37 of     7,790        

the Revised Code, "intoxicating liquor," "liquor," "sale,"         7,791        

"sell," "vehicle," "alcohol," "beer," "malt liquor," "malt         7,792        

beverage," "wine," "mixed beverages," "spirituous liquor,"         7,793        

                                                          171    

                                                                 
"sealed container," "person," "manufacture," "manufacturer,"                    

"wholesale distributor," "distributor," "hotel," "restaurant,"     7,794        

"club," "night club," "at retail," "drugstore PHARMACY," and       7,795        

"Enclosed ENCLOSED shopping center" have the meaning set forth     7,798        

SAME MEANINGS AS in section 4301.01 of the Revised Code.           7,799        

      Sec. 4303.21.  Permit G may be issued to the owner of a      7,808        

drugstore PHARMACY in charge of a registered LICENSED pharmacist   7,810        

to be named in such permit for the sale at retail of alcohol for   7,812        

medicinal purposes in quantities at each sale of not more than                  

one gallon upon the written prescription of a physician or         7,813        

dentist who is lawfully and regularly engaged in the practice of   7,814        

his THE PHYSICIAN'S OR DENTIST'S profession in this state, and     7,815        

for the sale of industrial alcohol for mechanical, chemical, or    7,816        

scientific purposes to a person known by the seller to be engaged  7,817        

in such mechanical, chemical, or scientific pursuits; all subject  7,818        

to section 4303.34 of the Revised Code.  The fee for this permit   7,819        

if fifty dollars.                                                               

      Sec. 4303.27.  Each permit issued under sections 4303.02 to  7,828        

4303.23 of the Revised Code, shall authorize the person named to   7,829        

carry on the business specified at the place or in the boat,       7,830        

vessel, or classes of dining car equipment described, and shall    7,831        

be issued for one year, or part thereof, commencing on the day     7,832        

after the uniform expiration dates designated by the division of   7,834        

liquor control, or for the unexpired portion of such year, and no  7,835        

longer, subject to suspension, revocation, or cancellation as      7,836        

authorized or required by Chapters 4301. and 4303. of the Revised  7,837        

Code.  Upon application by a permit holder, the superintendent of  7,838        

liquor control may expand during specified seasons of the year     7,840        

the premises for which the permit holder's permit was issued to    7,841        

include a premises immediately adjacent to the premises for which  7,842        

the permit was issued, so long as the immediately adjacent         7,843        

premises is under the permit holder's ownership and control and    7,844        

is located in an area where sales under the permit are not         7,845        

prohibited because of a local option election.  Whenever the       7,846        

                                                          172    

                                                                 
superintendent considers it advisable to cancel the unexpired      7,847        

portion of an outstanding permit in order that the permit may be   7,848        

issued on one of the uniform expiration dates designated by the    7,849        

superintendent, the superintendent shall refund to the holder a    7,851        

proportionate amount representing the unexpired portion of the     7,853        

permit year pursuant to section 4301.41 of the Revised Code.       7,854        

Such permit does not authorize the person named to carry on the    7,855        

business specified at any place or in any vehicle, boat, vessel,   7,856        

or class of dining car equipment other than that named, nor does   7,857        

it authorize any person other than the one named in such permit    7,858        

to carry on such business at the place or in the vehicle, boat,    7,859        

vessel, or class of dining car equipment named, except pursuant    7,860        

to compliance with the rules and orders of the division governing  7,862        

the assignment and transfer of permits, and with the consent of    7,863        

the division.  The holder of a G permit may substitute the name    7,864        

of another registered LICENSED pharmacist for that entered on the  7,866        

permit, subject to rules of the division.                          7,867        

      Chapters 4301. and 4303. of the Revised Code do not          7,869        

prohibit the holder of an A, B, C, or D permit from making         7,870        

deliveries of beer or intoxicating liquor containing not more      7,871        

than twenty-one per cent of alcohol by volume, or prohibit the     7,872        

holder of an A or B permit from selling or distributing beer or    7,873        

intoxicating liquor to a person at a place outside this state, or  7,874        

prohibit the holder of any such a permit, or an H permit, from     7,875        

delivering any beer or intoxicating liquor so sold from a point    7,876        

in this state to a point outside this state.                       7,877        

      Sec. 4303.34.  The sale of alcohol under G and I permits is  7,886        

subject to the following restrictions in addition to those         7,887        

imposed by the rules or orders of the division of liquor control:  7,890        

      (A)  All sales under such permits shall be made by the       7,892        

registered LICENSED pharmacist in charge of the store or by a      7,893        

registered assistant pharmacist LICENSED PHARMACY INTERN,          7,895        

lawfully employed therein.                                                      

      (B)  All sales to hospitals, infirmaries, and medical or     7,897        

                                                          173    

                                                                 
educational institutions for the uses authorized by such permits   7,898        

shall be made only upon the written, signed, dated, and sworn      7,899        

application of the superintendent of such institution.             7,900        

      (C)  All sales of alcohol to physicians, dentists, and       7,902        

veterinary surgeons shall be made only on the written, signed,     7,903        

dated, and sworn application of such physician, dentist, or        7,904        

veterinary surgeon, personally presented by the applicant.         7,905        

      (D)  All sales of alcohol for mechanical, chemical, or       7,907        

scientific purposes shall be made only upon the written            7,908        

application of the purchaser known by the registered pharmacist    7,909        

or assistant pharmacist PHARMACY INTERN to be a person engaged in  7,910        

such mechanical, chemical, or scientific pursuits, which           7,912        

application shall be dated, signed, and sworn to by the            7,913        

purchaser.                                                                      

      All applications required by this section shall state        7,915        

clearly and specifically the kind and quantity of alcohol          7,916        

required and the use to which it is to be put by the person        7,917        

purchasing it, and that the person will not use any of the         7,918        

alcohol procured for any other use than that stated in the         7,920        

application.                                                                    

      All prescriptions and applications required by this section  7,922        

shall be canceled as soon as filled by the person filling the      7,923        

same, by having "canceled" plainly written or stamped thereon and  7,924        

signed and dated by the person who filled the same, and shall be   7,925        

kept open to public inspection.  No person shall furnish alcohol   7,926        

more than once on any such prescription or application.            7,927        

      Each holder of such a permit shall register in an            7,929        

alphabetically arranged book, kept exclusively for that purpose,   7,930        

all prescriptions of physicians and dentists, in the following     7,931        

order:  the name of the physician or dentist, the name of the      7,932        

person prescribed for, the quantity and kind of alcohol, and the   7,933        

use for which prescribed.                                          7,934        

      The person making the sale shall indorse upon the            7,936        

prescription the date upon which it was filled and the person's    7,937        

                                                          174    

                                                                 
own name.  Each such holder shall keep a record of applications,   7,939        

showing the date of each, by whom made, the quantity and kind of   7,940        

alcohol supplied, and when, where, and for what purpose and by     7,941        

whom such alcohol was to be used.  Each applicant shall certify    7,942        

to the same by signing the applicant's name in such record book.   7,943        

Such book shall be open at all times during business hours to the  7,945        

inspection of the division.                                        7,946        

      Any registered LICENSED pharmacist or assistant pharmacist   7,949        

PHARMACY INTERN may administer the oath required by this section.  7,950        

      Sec. 4506.01.  As used in this chapter:                      7,959        

      (A)  "Alcohol concentration" means the concentration of      7,961        

alcohol in a person's blood, breath, or urine.  When expressed as  7,962        

a percentage, it means grams of alcohol per the following:         7,963        

      (1)  One hundred milliliters of blood;                       7,965        

      (2)  Two hundred ten liters of breath;                       7,967        

      (3)  One hundred milliliters of urine.                       7,969        

      (B)  "School bus" has the same meaning as in section         7,971        

4511.01 of the Revised Code.                                       7,972        

      (C)  "Commercial driver's license" means a license issued    7,974        

in accordance with this chapter that authorizes an individual to   7,975        

drive a commercial motor vehicle.                                  7,976        

      (D)  "Commercial driver license information system" means    7,978        

the information system established pursuant to the requirements    7,979        

of the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat.    7,980        

3207-171, 49 U.S.C.A. App. 2701.                                   7,981        

      (E)  "Commercial motor vehicle" means any motor vehicle      7,983        

designed or used to transport persons or property that meets any   7,984        

of the following qualifications:                                   7,985        

      (1)  Any combination of vehicles with a combined gross       7,987        

vehicle weight rating of twenty-six thousand one pounds or more,   7,988        

provided the gross vehicle weight rating of the vehicle or         7,989        

vehicles being towed is in excess of ten thousand pounds;          7,990        

      (2)  Any single vehicle with a gross vehicle weight rating   7,992        

of twenty-six thousand one pounds or more, or any such vehicle     7,993        

                                                          175    

                                                                 
towing a vehicle having a gross vehicle weight rating that is not  7,994        

in excess of ten thousand pounds;                                  7,995        

      (3)  Any single vehicle or combination of vehicles that is   7,997        

not a class A or class B vehicle, but that either is designed to   7,998        

transport sixteen or more passengers including the driver, or is   7,999        

placarded for hazardous materials;                                 8,000        

      (4)  Any school bus with a gross vehicle weight rating of    8,003        

less than twenty-six thousand one pounds that is designed to       8,004        

transport fewer than sixteen passengers including the driver;      8,005        

      (5)  Is transporting hazardous materials for which           8,007        

placarding is required by regulations adopted under the            8,008        

"Hazardous Materials Transportation Act," 88 Stat. 2156 (1975),    8,009        

49 U.S.C.A. 1801, as amended;                                      8,010        

      (6)  Any single vehicle or combination of vehicles that is   8,012        

designed to be operated and to travel on a public street or        8,013        

highway and is considered by the federal highway administration    8,014        

to be a commercial motor vehicle, including, but not limited to,   8,015        

a motorized crane, a vehicle whose function is to pump cement, a   8,016        

rig for drilling wells, and a portable crane.                                   

      (F)  "Controlled substance" means all of the following:      8,018        

      (1)  Any substance classified as a controlled substance      8,020        

under the "Controlled Substances Act," 80 Stat. 1242 (1970), 21    8,021        

U.S.C.A. 802(6), as amended;                                       8,022        

      (2)  Any substance included in schedules I through V of 21   8,024        

C.F.R. part 1308, as amended;                                      8,025        

      (3)  Any drug of abuse.                                      8,027        

      (G)  "Conviction" means an unvacated adjudication of guilt   8,029        

or a determination that a person has violated or failed to comply  8,030        

with the law in a court of original jurisdiction, an unvacated     8,031        

forfeiture of bail or collateral deposited to secure the person's  8,033        

appearance in court, the payment of a fine or court cost, or       8,034        

violation of a condition of release without bail, regardless of    8,035        

whether or not the penalty is rebated, suspended, or probated.     8,036        

      (H)  "Disqualification" means withdrawal of the privilege    8,038        

                                                          176    

                                                                 
to drive a commercial motor vehicle.                               8,039        

      (I)  "Drive" means to drive, operate, or be in physical      8,041        

control of a motor vehicle.                                        8,042        

      (J)  "Driver" means any person who drives, operates, or is   8,044        

in physical control of a commercial motor vehicle or is required   8,045        

to have a commercial driver's license.                             8,046        

      (K)  "Driver's license" means a license issued by the        8,048        

bureau of motor vehicles that authorizes an individual to drive.   8,049        

      (L)  "Drug of abuse" means any controlled substance,         8,051        

dangerous drug as defined in section 4729.02 4729.01 of the        8,052        

Revised Code, or over-the-counter medication that, when taken in   8,054        

quantities exceeding the recommended dosage, can result in         8,055        

impairment of judgment or reflexes.                                8,056        

      (M)  "Employer" means any person, including the federal      8,058        

government, any state, and a political subdivision of any state,   8,059        

that owns or leases a commercial motor vehicle or assigns a        8,060        

person to drive such a motor vehicle.                              8,061        

      (N)  "Endorsement" means an authorization on a person's      8,063        

commercial driver's license that is required to permit the person  8,064        

to operate a specified type of commercial motor vehicle.           8,065        

      (O)  "Felony" means any offense under federal or state law   8,067        

that is punishable by death or specifically classified as a        8,068        

felony under the law of this state, regardless of the penalty      8,069        

that may be imposed.                                               8,070        

      (P)  "Foreign jurisdiction" means any jurisdiction other     8,072        

than a state.                                                      8,073        

      (Q)  "Gross vehicle weight rating" means the value           8,075        

specified by the manufacturer as the maximum loaded weight of a    8,076        

single or a combination vehicle.  The gross vehicle weight rating  8,077        

of a combination vehicle is the gross vehicle weight rating of     8,078        

the power unit plus the gross vehicle weight rating of each towed  8,079        

unit.                                                              8,080        

      (R)  "Hazardous materials" means materials identified as     8,082        

such under regulations adopted under the "Hazardous Materials      8,083        

                                                          177    

                                                                 
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as    8,084        

amended.                                                           8,085        

      (S)  "Motor vehicle" has the same meaning as in section      8,087        

4511.01 of the Revised Code.                                       8,088        

      (T)  "Out-of-service order" means a temporary prohibition    8,090        

against driving a commercial motor vehicle issued under this       8,091        

chapter or a similar law of another state or of a foreign          8,092        

jurisdiction.                                                      8,093        

      (U)  "Residence" means any person's residence determined in  8,095        

accordance with standards prescribed in rules adopted by the       8,097        

registrar.                                                                      

      (V)  "Temporary residence" means residence on a temporary    8,099        

basis as determined by the registrar in accordance with standards  8,100        

prescribed in rules adopted by the registrar.                      8,101        

      (W)  "Serious traffic violation" means a conviction arising  8,103        

from the operation of a commercial motor vehicle that involves     8,104        

any of the following:                                              8,105        

      (1)  A single charge of any speed that is in excess of the   8,107        

posted speed limit by an amount specified by the United States     8,108        

secretary of transportation and that the director of public        8,109        

safety designates as such by rule;                                 8,110        

      (2)  Violation of section 4511.20, 4511.201, or 4511.202 of  8,112        

the Revised Code or any similar ordinance or resolution, or of     8,113        

any similar law of another state or political subdivision of       8,114        

another state;                                                     8,115        

      (3)  Violation of a law of this state or an ordinance or     8,117        

resolution relating to traffic control, other than a parking       8,118        

violation, or of any similar law of another state or political     8,119        

subdivision of another state, that results in a fatal accident;    8,120        

      (4)  Violation of any other law of this state or an          8,122        

ordinance or resolution relating to traffic control, other than a  8,123        

parking violation, that is determined to be a serious traffic      8,124        

violation by the United States secretary of transportation and     8,125        

the director designates as such by rule.                           8,126        

                                                          178    

                                                                 
      (X)  "State" means a state of the United States and          8,128        

includes the District of Columbia.                                 8,129        

      (Y)  "Tank vehicle" means any commercial motor vehicle that  8,131        

is designed to transport any liquid or gaseous materials within a  8,132        

tank that is either permanently or temporarily attached to the     8,133        

vehicle or its chassis, but does not include any portable tank     8,134        

having a rated capacity of less than one thousand gallons.         8,135        

      (Z)  "United States" means the fifty states and the          8,137        

District of Columbia.                                              8,138        

      (AA)  "Vehicle" has the same meaning as in section 4511.01   8,140        

of the Revised Code.                                               8,141        

      (BB)  "Peace officer" has the same meaning as in section     8,143        

2935.01 of the Revised Code.                                       8,144        

      Sec. 4723.28.  As used in this section, "dangerous drug"     8,153        

and "prescription" have the same meanings as in section 4729.02    8,154        

4729.01 of the Revised Code.                                       8,155        

      (A)  The board of nursing, pursuant to an adjudication       8,157        

conducted under Chapter 119. of the Revised Code and by a vote of  8,158        

a quorum, may revoke or may refuse to grant a license or           8,159        

certificate to a person found by the board to have committed       8,161        

fraud in passing the examination or to have committed fraud,       8,162        

misrepresentation, or deception in applying for or securing any    8,163        

license or certificate issued by the board.                        8,165        

      (B)  The board of nursing, pursuant to an adjudication       8,167        

conducted under Chapter 119. of the Revised Code and by a vote of  8,168        

a quorum, may impose one or more of the following sanctions:       8,169        

deny, revoke permanently, suspend, or place restrictions on any    8,170        

license or certificate issued by the board; reprimand or           8,172        

otherwise discipline a holder of a license or certificate; or      8,173        

impose a fine of not more than five hundred dollars per            8,175        

violation.  The sanctions may be imposed for any of the                         

following:                                                         8,176        

      (1)  Denial, revocation, suspension, or restriction of a     8,178        

license to practice nursing, for any reason other than a failure   8,179        

                                                          179    

                                                                 
to renew, in another state or jurisdiction; or denial,             8,180        

revocation, suspension, or restriction of a license to practice a  8,181        

health care occupation other than nursing, for any reason other    8,182        

than a failure to renew, in Ohio or another state or               8,183        

jurisdiction;                                                                   

      (2)  Engaging in the practice of nursing, having failed to   8,185        

renew a license issued under this chapter, or while a license is   8,186        

under suspension;                                                  8,187        

      (3)  Conviction of, a plea of guilty to, or a judicial       8,189        

finding of guilt of a misdemeanor committed in the course of       8,190        

practice;                                                          8,191        

      (4)  Conviction of, a plea of guilty to, or a judicial       8,193        

finding of guilt of any felony or of any crime involving gross     8,194        

immorality or moral turpitude;                                     8,195        

      (5)  Selling, giving away, or administering drugs for other  8,197        

than legal and legitimate therapeutic purposes; or conviction of,  8,198        

a plea of guilty to, or a judicial finding of guilt of violating   8,199        

any municipal, state, county, or federal drug law;                 8,200        

      (6)  Conviction of, a plea of guilty to, or a judicial       8,202        

finding of guilt of an act in another jurisdiction that would      8,203        

constitute a felony or a crime of moral turpitude in Ohio;         8,204        

      (7)  Conviction of, a plea of guilty to, or a judicial       8,206        

finding of guilt of an act in the course of practice in another    8,207        

jurisdiction that would constitute a misdemeanor in Ohio;          8,208        

      (8)  Self-administering or otherwise taking into the body    8,210        

any dangerous drug in any way not in accordance with a legal,      8,211        

valid prescription;                                                8,212        

      (9)  Habitual indulgence in the use of controlled            8,214        

substances, other habit-forming drugs, or alcohol or other         8,215        

chemical substances to an extent that impairs ability to           8,216        

practice;                                                          8,217        

      (10)  Impairment of the ability to practice according to     8,219        

acceptable and prevailing standards of safe nursing care because   8,220        

of habitual or excessive use of drugs, alcohol, or other chemical  8,223        

                                                          180    

                                                                 
substances that impair the ability to practice;                    8,224        

      (11)  Impairment of the ability to practice according to     8,226        

acceptable and prevailing standards of safe nursing care because   8,227        

of a physical or mental disability;                                8,228        

      (12)  Assaulting or causing harm to a patient or depriving   8,230        

a patient of the means to summon assistance;                       8,231        

      (13)  Obtaining or attempting to obtain money or anything    8,233        

of value by intentional misrepresentation or material deception    8,234        

in the course of practice;                                         8,235        

      (14)  Adjudication by a probate court that the license       8,237        

applicant or license holder is mentally ill or mentally            8,238        

incompetent.  The board may restore the license upon adjudication  8,239        

by a probate court of the person's restoration to competency or    8,240        

upon submission to the board of other proof of competency.         8,241        

      (15)  The suspension or termination of employment by the     8,243        

department of defense or the veterans administration of the        8,244        

United States for any act that violates or would violate this      8,245        

chapter;                                                           8,246        

      (16)  Violation of this chapter or any rules adopted under   8,248        

it;                                                                8,249        

      (17)  Violation of any restrictions placed on a license by   8,251        

the board;                                                         8,252        

      (18)  Failure to use universal blood and body fluid          8,254        

precautions established by rules adopted under section 4723.07 of  8,255        

the Revised Code;                                                  8,256        

      (19)  Failure to practice in accordance with acceptable and  8,259        

prevailing standards of safe nursing care;                         8,260        

      (20)  In the case of a registered nurse, engaging in         8,262        

activities that exceed the practice of nursing as a registered     8,263        

nurse under section 4723.02 of the Revised Code;                   8,264        

      (21)  In the case of a licensed practical nurse, engaging    8,266        

in activities that exceed the practice of nursing as a licensed    8,267        

practical nurse under section 4723.02 of the Revised Code;         8,268        

      (22)  Aiding and abetting in the unlicensed practice of      8,270        

                                                          181    

                                                                 
nursing;                                                           8,271        

      (23)  In the case of a certified registered nurse            8,273        

anesthetist, clinical nurse specialist, certified nurse-midwife,   8,275        

or certified nurse practitioner, or a registered nurse approved    8,276        

as an advanced practice nurse under section 4723.55 of the         8,277        

Revised Code, either of the following:                             8,278        

      (a)  Waiving the payment of all or any part of a deductible  8,280        

or copayment that a patient, pursuant to a health insurance or     8,281        

health care policy, contract, or plan that covers such nursing     8,282        

services, would otherwise be required to pay if the waiver is      8,283        

used as an enticement to a patient or group of patients to         8,284        

receive health care services from that provider;                   8,285        

      (b)  Advertising that the nurse will waive the payment of    8,287        

all or any part of a deductible or copayment that a patient,       8,288        

pursuant to a health insurance or health care policy, contract,    8,289        

or plan that covers such nursing services, would otherwise be      8,290        

required to pay.                                                   8,291        

      (24)  Failure to comply with the terms and conditions of     8,293        

participation in the alternative program for chemically dependent  8,295        

nurses created by section 4723.35 of the Revised Code;             8,296        

      (25)  In the case of a certified registered nurse            8,298        

anesthetist, clinical nurse specialist, certified nurse-midwife,   8,299        

or certified nurse practitioner:                                   8,300        

      (a)  Engaging in activities that exceed those permitted for  8,303        

the nurse's nursing specialty under section 4723.43 of the                      

Revised Code;                                                      8,304        

      (b)  Failure to meet the quality assurance standards         8,306        

established under section 4723.07 of the Revised Code.             8,308        

      (26)  In the case of a clinical nurse specialist, certified  8,310        

nurse-midwife, or certified nurse practitioner, failure to         8,311        

maintain a standard care arrangement in accordance with section    8,312        

4723.431 of the Revised Code or to practice in accordance with     8,313        

the standard care arrangement.                                     8,314        

      (C)  If a criminal action is brought against a license       8,316        

                                                          182    

                                                                 
holder for an act or crime described in divisions (B)(3) to (7)    8,317        

of this section and the action is dismissed by the trial court     8,318        

other than on the merits, the board shall hold an adjudication     8,320        

hearing to determine whether the license holder committed the act               

on which the action was based.  If the board determines on the     8,321        

basis of the hearing that the license holder committed the act,    8,322        

or if the license holder fails to participate in the hearing, the  8,323        

board may take action as though the license holder had been        8,324        

convicted of the act.                                              8,325        

      If the board takes action on the basis of a conviction,      8,327        

plea of guilty, or a judicial determination of guilt as described  8,328        

in divisions (B)(3) to (7) of this section that is overturned on   8,329        

appeal, the license holder may, on exhaustion of the appeal        8,330        

process, petition the board for reconsideration of its action.     8,331        

On receipt of the petition and supporting court documents, the     8,332        

board shall temporarily rescind its action.  If the board          8,333        

determines that the decision on appeal was a decision on the       8,334        

merits, it shall permanently rescind its action.  If the board     8,335        

determines that the decision on appeal was not a decision on the   8,336        

merits, it shall hold an adjudicatory hearing to determine         8,337        

whether the license holder committed the act on which the          8,338        

original conviction, plea, or judicial determination was based.    8,339        

If the board determines on the basis of the hearing that the       8,340        

license holder committed such act, or if the license holder does   8,341        

not request a hearing, the board shall reinstate its action;       8,342        

otherwise, the board shall permanently rescind its action.         8,343        

      Notwithstanding the provision of division (C)(2) of section  8,345        

2953.32 of the Revised Code specifying that if records pertaining  8,346        

to a criminal case are sealed under that section the proceedings   8,347        

in the case shall be deemed not to have occurred, sealing of the   8,348        

records of a conviction on which the board has based an action     8,349        

under this section shall have no effect on the board's action or   8,350        

any sanction imposed by the board under this section.              8,351        

      (D)  In enforcing division (B) of this section, the board    8,353        

                                                          183    

                                                                 
may compel any individual licensed by this chapter or who has      8,354        

applied for licensure to submit to a mental or physical            8,355        

examination, or both, as required by the board and at the expense  8,356        

of the individual.  Failure of any individual to submit to a       8,357        

mental or physical examination when directed constitutes an        8,358        

admission of the allegations, unless the failure is due to         8,359        

circumstances beyond the individual's control, and a default and   8,360        

final order may be entered without the taking of testimony or      8,361        

presentation of evidence.  If the board finds that an individual   8,362        

is impaired, the board shall require the individual to submit to   8,363        

care, counseling, or treatment approved or designated by the       8,364        

board, as a condition for initial, continued, reinstated, or       8,365        

renewed licensure to practice.  The individual shall be afforded   8,366        

an opportunity to demonstrate to the board that the individual     8,367        

can resume the individual's occupation in compliance with          8,369        

acceptable and prevailing standards under the provisions of the    8,371        

individual's license.  For the purpose of this section, any        8,373        

individual who is licensed by this chapter or makes application    8,374        

for licensure shall be deemed to have given consent to submit to   8,375        

a mental or physical examination when directed to do so in         8,376        

writing by the board, and to have waived all objections to the     8,377        

admissibility of testimony or examination reports that constitute  8,378        

a privileged communication.                                                     

      (E)  The board shall investigate evidence that appears to    8,380        

show that any person has violated any provision of this chapter    8,381        

or any rule of the board.  Any person may report to the board any  8,382        

information the person may have that appears to show a violation   8,383        

of any provision of this chapter or rule of the board.  In the     8,384        

absence of bad faith, any person who reports such information or   8,385        

who testifies before the board in any adjudication conducted       8,387        

under Chapter 119. of the Revised Code shall not be liable for     8,388        

civil damages as a result of the report or testimony.                           

      Information received by the board pursuant to an             8,390        

investigation is confidential and not subject to discovery in any  8,391        

                                                          184    

                                                                 
civil action, except that the board may disclose information to    8,392        

law enforcement officers and government entities investigating a   8,393        

person licensed by the board.  No law enforcement officer or       8,394        

government entity with knowledge of any information disclosed by   8,395        

the board pursuant to this division shall divulge the information  8,396        

to any other person or government entity except for the purpose    8,397        

of an adjudication by a court or licensing or registration board   8,398        

or officer to which the person to whom the information relates is               

a party.                                                           8,399        

      If the investigation requires a review of patient records,   8,401        

the investigation and proceeding shall be conducted in such a      8,402        

manner as to protect patient confidentiality.                      8,403        

      All hearings and investigations of the board shall be        8,405        

considered civil actions for the purposes of section 2305.251 of   8,406        

the Revised Code.                                                  8,407        

      The hearings of the board shall be conducted in accordance   8,409        

with Chapter 119. of the Revised Code.  The board may appoint a    8,410        

hearing examiner as provided in section 119.09 to conduct any      8,411        

hearing the board is empowered to hold under Chapter 119. of the   8,412        

Revised Code.                                                      8,413        

      In the absence of fraud or bad faith, neither the board nor  8,415        

any current or former members, agents, representatives, or         8,416        

employees of the board shall be held liable in damages to any      8,417        

person as the result of any act, omission, proceeding, conduct,    8,418        

or decision related to their official duties undertaken or         8,419        

performed pursuant to this chapter.  If a current or former        8,420        

member, agent, representative, or employee requests the state to   8,421        

defend the individual against any claim or action arising out of   8,422        

any act, omission, proceeding, conduct, or decision related to     8,424        

the individual's official duties, if the request is made in        8,426        

writing at a reasonable time before trial, and if the individual   8,427        

requesting defense cooperates in good faith in the defense of the  8,428        

claim or action, the state shall provide and pay for such defense  8,429        

and shall pay any resulting judgment, compromise, or settlement.   8,430        

                                                          185    

                                                                 
At no time shall the state pay that part of a claim or judgment    8,431        

that is for punitive or exemplary damages.                         8,432        

      (F)  Any action taken by the board under this section        8,434        

resulting in a suspension from practice shall be accompanied by a  8,435        

written statement of the conditions under which the person may be  8,436        

reinstated to practice.                                            8,437        

      (G)  No unilateral surrender of a license issued under this  8,439        

chapter shall be effective unless accepted by majority vote of     8,440        

the board.  No application for a license issued under this         8,441        

chapter may be withdrawn without a majority vote of the board.     8,442        

      (H)  Notwithstanding division (B)(23) of this section,       8,444        

sanctions shall not be imposed against any licensee who waives     8,445        

deductibles and copayments:                                        8,446        

      (1)  In compliance with the health benefit plan that         8,448        

expressly allows such a practice.  Waiver of the deductibles or    8,449        

copayments shall be made only with the full knowledge and consent  8,450        

of the plan purchaser, payer, and third-party administrator.  The  8,451        

consent shall be made available to the board upon request.         8,452        

      (2)  For professional services rendered to any other person  8,454        

licensed pursuant to this chapter to the extent allowed by this    8,455        

chapter and the rules of the board.                                8,456        

      Sec. 4725.01.  As used in this chapter:                      8,465        

      (A)(1)  The "practice of optometry" means the application    8,467        

of optical principles, through technical methods and devices, in   8,468        

the examination of human eyes for the purpose of ascertaining      8,469        

departures from the normal, measuring their functional powers,     8,470        

adapting optical accessories for the aid thereof, and detecting    8,471        

ocular abnormalities that may be evidence of disease, pathology,   8,472        

or injury.                                                         8,473        

      (2)  In the case of a licensed optometrist who holds a       8,475        

topical ocular pharmaceutical agents certificate, the "practice    8,476        

of optometry" has the same meaning as in division (A)(1) of this   8,477        

section, except that it also includes administering topical        8,478        

ocular pharmaceutical agents for the purposes set forth in         8,479        

                                                          186    

                                                                 
division (A)(1) of this section.                                   8,480        

      (3)  In the case of a licensed optometrist who holds a       8,482        

therapeutic pharmaceutical agents certificate, the "practice of    8,483        

optometry" has the same meaning as in divisions (A)(1) and (2) of  8,484        

this section, except that it also includes employing, applying,    8,485        

administering, and prescribing instruments, devices, procedures    8,486        

other than invasive procedures, and therapeutic pharmaceutical     8,487        

agents for the following purposes:                                 8,488        

      (a)  Examination, investigation, diagnosis, or prevention    8,490        

of any disease, injury, or other abnormal condition of the visual  8,491        

system;                                                            8,492        

      (b)  Treatment or cure of any disease, injury, or other      8,494        

abnormal condition of the anterior segment of the human eye.       8,495        

      (B)  "Topical ocular pharmaceutical agents" means:           8,497        

      (1)  Proparacaine hydrochloride in a potency not exceeding   8,499        

five-tenths of one per cent ophthalmic solution;                   8,500        

      (2)  Benoxinate hydrochloride in a potency not exceeding     8,502        

four-tenths of one per cent ophthalmic solution;                   8,503        

      (3)  Phenylephrine hydrochloride in a potency not exceeding  8,505        

two and five-tenths per cent ophthalmic solution;                  8,506        

      (4)  Hydroxyamphetamine hydrobromide in a potency not        8,508        

exceeding one per cent ophthalmic solution;                        8,509        

      (5)  Tropicamide in a potency not exceeding one per cent     8,511        

ophthalmic solution;                                               8,512        

      (6)  Cyclopentolate in a potency not exceeding one per cent  8,514        

ophthalmic solution;                                               8,515        

      (7)  Any other topical ocular pharmaceutical agents if the   8,517        

primary indications for their use are consistent with the          8,518        

purposes set forth in division (A)(1) of this section, their new   8,519        

drug application is approved by and the potency in which they may  8,520        

be used for evaluative purposes has been established by the        8,521        

federal food and drug administration after January 1, 1983, and    8,522        

their use for the purposes set forth in division (A)(1) of this    8,523        

section has been approved by rule of the state board of            8,524        

                                                          187    

                                                                 
optometry.                                                         8,525        

      (C)  "Therapeutic pharmaceutical agent" means a topical      8,527        

ocular pharmaceutical agent or any of the following drugs or       8,528        

dangerous drugs, as defined in section 4729.02 4729.01 of the      8,529        

Revised Code, that is used for examination, investigation,         8,531        

diagnosis, or prevention of disease, injury, or other abnormal     8,532        

condition of the visual system or for treatment or cure of         8,533        

disease, injury, or other abnormal condition of the anterior       8,534        

segment of the human eye and is an anti-microbial, anti-allergy,   8,535        

anti-glaucoma, topical anti-inflammatory, or cycloplegic agent,    8,536        

or an analgesic:                                                                

      (1)  A topical ophthalmic preparation;                       8,538        

      (2)  Oral dosage of any of the following drugs:              8,540        

      (a)  Acetazolamide;                                          8,542        

      (b)  Astemizole;                                             8,544        

      (c)  Dichlorphenamide;                                       8,546        

      (d)  Diphenhydramine;                                        8,548        

      (e)  Glycerin in a fifty per cent solution;                  8,550        

      (f)  Isosorbide in a forty-five per cent solution;           8,552        

      (g)  Methazolamide;                                          8,554        

      (h)  Analgesics that may be legally sold without             8,556        

prescription;                                                      8,557        

      (i)  Terfenadine;                                            8,559        

      (j)  Ampicillin in a two hundred fifty milligram or five     8,561        

hundred milligram dosage;                                          8,562        

      (k)  Cefaclor in a two hundred fifty milligram or five       8,564        

hundred milligram dosage;                                          8,565        

      (l)  Cephalexin in a two hundred fifty milligram or five     8,567        

hundred milligram dosage;                                          8,568        

      (m)  Dicloxacillin in a two hundred fifty milligram or five  8,570        

hundred milligram dosage;                                          8,571        

      (n)  Doxycycline in a fifty milligram or one hundred         8,573        

milligram dosage;                                                  8,574        

      (o)  Erythromycin in a two hundred fifty milligram, three    8,576        

                                                          188    

                                                                 
hundred and thirty-three milligram, or five hundred milligram      8,577        

dosage;                                                            8,578        

      (p)  Penicillin VK in a two hundred fifty milligram or five  8,580        

hundred milligram dosage;                                          8,581        

      (q)  Tetracycline in a two hundred fifty milligram or five   8,583        

hundred milligram dosage.                                          8,584        

      (3)  Any other oral dosage of a drug or dangerous drug that  8,586        

is listed by rule adopted by the state board of optometry under    8,587        

section 4725.04 of the Revised Code.                               8,588        

      (D)  "Invasive procedure" means any procedure that involves  8,590        

cutting or otherwise infiltrating human tissue by mechanical       8,591        

means including surgery, laser surgery, ionizing radiation,        8,592        

therapeutic ultrasound, administering medication by injection, or  8,593        

the removal of intraocular foreign bodies.                         8,594        

      (E)  "Visual system" means the human eye and its accessory   8,596        

or subordinate anatomical parts.                                   8,597        

      (F)  "Certificate of licensure" means a certificate issued   8,599        

by the state board of optometry under section 4725.09 of the       8,600        

Revised Code authorizing the holder to practice optometry as       8,601        

provided in division (A)(1) of this section.                       8,602        

      (G)  "Topical ocular pharmaceutical agents certificate"      8,604        

means a certificate issued by the state board of optometry under   8,605        

section 4725.09 of the Revised Code authorizing the holder to      8,606        

practice optometry as provided in division (A)(2) of this          8,607        

section.                                                           8,608        

      (H)  "Therapeutic pharmaceutical agents certificate" means   8,610        

a certificate issued by the state board of optometry under         8,611        

division (A)(3) or (4) of section 4725.09 of the Revised Code      8,612        

authorizing the holder to practice optometry as provided in        8,613        

division (A)(3) of this section.                                   8,614        

      Sec. 4729.02 4729.01.  As used in this chapter:              8,623        

      (A)  "Pharmacy," EXCEPT WHEN USED IN A CONTEXT THAT REFERS   8,625        

TO THE PRACTICE OF PHARMACY, means any area, room, rooms, place    8,626        

of business, department, or portion of any of the foregoing,       8,627        

                                                          189    

                                                                 
where prescriptions are filled or where drugs, dangerous drugs,    8,629        

or poisons are compounded, sold, offered, or displayed for sale,   8,630        

dispensed, or distributed to the public THE PRACTICE OF PHARMACY   8,631        

IS CONDUCTED.                                                      8,632        

      (B)  To "practice PRACTICE OF pharmacy" means to interpret   8,635        

PROVIDING PHARMACIST CARE REQUIRING SPECIALIZED KNOWLEDGE,                      

JUDGMENT, AND SKILL DERIVED FROM THE PRINCIPLES OF BIOLOGICAL,     8,636        

CHEMICAL, BEHAVIORAL, SOCIAL, PHARMACEUTICAL, AND CLINICAL         8,637        

SCIENCES.  AS USED IN THIS DIVISION, "PHARMACIST CARE" INCLUDES    8,638        

THE FOLLOWING:                                                                  

      (1)  INTERPRETING prescriptions, to compound or dispense;    8,640        

      (2)  COMPOUNDING OR DISPENSING drugs, dangerous drugs, and   8,643        

poisons, and DISPENSING DRUG THERAPY related devices that under    8,644        

the "Federal Food, Drug, and Cosmetic Act" must be labeled for     8,646        

sale only on the order of a practitioner; to participate in drug   8,647        

selection pursuant to Chapter 3715. and section 4729.38 of the     8,648        

Revised Code; and to participate with practitioners in reviews of  8,649        

drug utilization.;                                                 8,650        

      (C)(3)  COUNSELING INDIVIDUALS WITH REGARD TO THEIR DRUG     8,652        

THERAPY, RECOMMENDING DRUG THERAPY RELATED DEVICES, AND ASSISTING  8,654        

IN THE SELECTION OF DRUGS AND APPLIANCES FOR TREATMENT OF COMMON   8,655        

DISEASES AND INJURIES AND PROVIDING INSTRUCTION IN THE PROPER USE  8,657        

OF THE DRUGS AND APPLIANCES;                                                    

      (4)  PERFORMING DRUG REGIMEN REVIEWS WITH INDIVIDUALS BY     8,660        

DISCUSSING ALL OF THE DRUGS THAT THE INDIVIDUAL IS TAKING AND                   

EXPLAINING THE INTERACTIONS OF THE DRUGS;                          8,661        

      (5)  PERFORMING DRUG UTILIZATION REVIEWS WITH LICENSED       8,663        

HEALTH PROFESSIONALS AUTHORIZED TO PRESCRIBE DRUGS WHEN THE        8,664        

PHARMACIST DETERMINES THAT AN INDIVIDUAL WITH A PRESCRIPTION HAS   8,665        

A DRUG REGIMEN THAT WARRANTS ADDITIONAL DISCUSSION WITH THE        8,666        

PRESCRIBER;                                                        8,667        

      (6)  ADVISING AN INDIVIDUAL AND THE HEALTH CARE              8,669        

PROFESSIONALS TREATING AN INDIVIDUAL WITH REGARD TO THE            8,670        

INDIVIDUAL'S DRUG THERAPY;                                         8,671        

                                                          190    

                                                                 
      (7)  ACTING PURSUANT TO A CONSULT AGREEMENT WITH A           8,673        

PHYSICIAN AUTHORIZED UNDER CHAPTER 4731. OF THE REVISED CODE TO    8,677        

PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND          8,678        

SURGERY, IF AN AGREEMENT HAS BEEN ESTABLISHED WITH THE PHYSICIAN.  8,679        

      (C)  "COMPOUNDING" MEANS THE PREPARATION, MIXING,            8,682        

ASSEMBLING, PACKAGING, AND LABELING OF ONE OR MORE DRUGS IN ANY    8,683        

OF THE FOLLOWING CIRCUMSTANCES:                                    8,684        

      (1)  PURSUANT TO A PRESCRIPTION ISSUED BY A LICENSED HEALTH  8,687        

PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS;                                     

      (2)  PURSUANT TO THE MODIFICATION OF A PRESCRIPTION MADE IN  8,689        

ACCORDANCE WITH A CONSULT AGREEMENT;                               8,690        

      (3)  AS AN INCIDENT TO RESEARCH, TEACHING ACTIVITIES, OR     8,693        

CHEMICAL ANALYSIS;                                                              

      (4)  IN ANTICIPATION OF PRESCRIPTION DRUG ORDERS BASED ON    8,696        

ROUTINE, REGULARLY OBSERVED DISPENSING PATTERNS.                                

      (D)  "CONSULT AGREEMENT" MEANS AN AGREEMENT TO MANAGE AN     8,698        

INDIVIDUAL'S DRUG THERAPY THAT HAS BEEN ENTERED INTO BY A          8,700        

PHARMACIST AND A PHYSICIAN AUTHORIZED UNDER CHAPTER 4731. OF THE   8,701        

REVISED CODE TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC       8,704        

MEDICINE AND SURGERY.                                                           

      (E)  "Drug" means:                                           8,706        

      (1)  Any article recognized in the official United States    8,708        

pharmacopeia, PHARMACOPOEIA AND national formulary, or any         8,709        

supplement TO THEM, intended for use in the diagnosis, cure,       8,711        

mitigation, treatment, or prevention of disease in man HUMANS or   8,712        

other animals;                                                                  

      (2)  Any other article intended for use in the diagnosis,    8,714        

cure, mitigation, treatment, or prevention of disease in man       8,715        

HUMANS or other animals;                                           8,716        

      (3)  Any article, other than food, intended to affect the    8,718        

structure or any function of the body of man HUMANS or other       8,720        

animals;                                                                        

      (4)  Any article intended for use as a component of any      8,722        

article specified in division (C)(1), (2), or (3) of this          8,723        

                                                          191    

                                                                 
section; but does not include devices or their components, parts,  8,724        

or accessories.                                                    8,725        

      (D)(F)  "Dangerous drug" means any of the following:         8,727        

      (1)  Any drug to which either of the following applies:      8,729        

      (a)  Under the "Federal Food, Drug, and Cosmetic Act," 52    8,732        

STAT. 1040 (1938), 21 U.S.C.A. 301, AS AMENDED, THE DRUG is        8,733        

required to bear a label containing the legend "Caution:  Federal  8,735        

law prohibits dispensing without prescription" or "Caution:        8,736        

Federal law restricts this drug to use by or on the order of a     8,737        

licensed veterinarian" or any similar restrictive statement, or    8,738        

THE DRUG may be dispensed only upon a prescription;                8,739        

      (b)  Under Chapter 3715. or 3719. of the Revised Code, THE   8,741        

DRUG may be dispensed only upon a prescription;.                   8,742        

      (2)  Any drug that contains a schedule V controlled          8,744        

substance and that is exempt from Chapter 3719. of the Revised     8,745        

Code or to which that chapter does not apply;                      8,746        

      (3)  Any drug intended for administration by injection into  8,748        

the human body other than through a natural orifice of the human   8,749        

body.                                                              8,750        

      (E)(G)  "Federal drug abuse control laws" has the same       8,752        

meaning as in section 3719.01 of the Revised Code.                 8,753        

      (F)  "Federal Food, Drug, and Cosmetic Act," means the       8,755        

"Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 (1938), 21   8,756        

U.S.C. 301, as amended.                                            8,757        

      (G)(H)  "Prescription" means an A WRITTEN, ELECTRONIC, OR    8,760        

ORAL order for drugs or combinations or mixtures of drugs TO BE    8,762        

USED BY A PARTICULAR INDIVIDUAL OR FOR TREATING A PARTICULAR       8,763        

ANIMAL, written or signed ISSUED by a practitioner or transmitted  8,765        

by a practitioner to a pharmacist by word of mouth, telephone,     8,766        

telegraph, or other means of communication and recorded in         8,767        

writing by the pharmacist LICENSED HEALTH PROFESSIONAL AUTHORIZED  8,768        

TO PRESCRIBE DRUGS.                                                             

      (H)(I)  "Practitioner LICENSED HEALTH PROFESSIONAL           8,770        

AUTHORIZED TO PRESCRIBE DRUGS" OR "PRESCRIBER" means any of the    8,771        

                                                          192    

                                                                 
following:                                                         8,772        

      (1)  A person AN INDIVIDUAL who is licensed pursuant to      8,774        

Chapter 4715., 4725., 4731., or 4741. of the Revised Code and      8,775        

authorized by law to write prescriptions for drugs or PRESCRIBE    8,777        

DRUGS OR dangerous drugs;                                          8,779        

      (2)  A professional association, as defined in section       8,781        

1785.01 of the Revised Code, organized by an individual who is,    8,782        

or a group of individuals who are, licensed pursuant to Chapter    8,783        

4715., 4725., 4731., or 4741. of the Revised Code and authorized   8,784        

by law to write prescriptions for drugs or dangerous drugs, or a   8,785        

corporation-for-profit formed under Chapter 1701. of the Revised   8,786        

Code by an individual or group of individuals so licensed and      8,787        

authorized;                                                        8,788        

      (3)  A partnership of individuals who are licensed pursuant  8,790        

to Chapter 4715., 4725., 4731., or 4741. of the Revised Code and   8,791        

authorized by law to write prescriptions for drugs or dangerous    8,792        

drugs;                                                             8,793        

      (4)  A limited liability company formed under Chapter 1705.  8,795        

of the Revised Code for the purpose of rendering a professional    8,796        

service covered by Chapter 4715., 4725., 4731., or 4741. of the    8,797        

Revised Code, the members, employees, other agents, and, if        8,798        

applicable, managers of which are licensed or otherwise legally    8,799        

authorized to render the covered professional service in this      8,800        

state and are authorized by law to write prescriptions for drugs   8,801        

or dangerous drugs;                                                8,802        

      (5)  OR DRUG THERAPY RELATED DEVICES IN THE COURSE OF THE    8,804        

INDIVIDUAL'S PROFESSIONAL PRACTICE, INCLUDING ONLY THE FOLLOWING:  8,806        

      (1)  A DENTIST LICENSED UNDER CHAPTER 4715. OF THE REVISED   8,809        

CODE;                                                                           

      (2)  An advanced practice nurse authorized APPROVED under    8,812        

section 4723.56 of the Revised Code to prescribe drugs and         8,813        

therapeutic devices;                                               8,814        

      (3)  AN OPTOMETRIST LICENSED UNDER CHAPTER 4725. OF THE      8,818        

REVISED CODE TO PRACTICE OPTOMETRY UNDER A THERAPEUTIC             8,820        

                                                          193    

                                                                 
PHARMACEUTICAL AGENTS CERTIFICATE;                                              

      (4)  A PHYSICIAN AUTHORIZED UNDER CHAPTER 4731. OF THE       8,824        

REVISED CODE TO PRACTICE MEDICINE AND SURGERY, OSTEOPATHIC         8,826        

MEDICINE AND SURGERY, OR PODIATRY;                                              

      (5)  A VETERINARIAN LICENSED UNDER CHAPTER 4741. OF THE      8,829        

REVISED CODE.                                                                   

      (I)  "Poison" means any drug, chemical, or preparation       8,831        

likely to be deleterious or destructive to adult human life in     8,832        

quantities of four grams or less.                                  8,833        

      (J)  "Sale" and "sell" include delivery, transfer, barter,   8,835        

exchange, or gift, or offer therefor, and each such transaction    8,836        

made by any person, whether as principal proprietor, agent, or     8,837        

employee.                                                          8,838        

      (K)  "Wholesale sale" and "sale at wholesale" mean any sale  8,840        

in which the purpose of the purchaser is to resell the article     8,841        

purchased or received by the purchaser.                            8,842        

      (L)  "Retail sale" and "sale at retail" mean any sale other  8,844        

than a wholesale sale or sale at wholesale.                        8,845        

      (M)  "Retail seller" means any person that sells any         8,847        

dangerous drug to consumers without assuming control over and      8,848        

responsibility for its administration.  Mere advice or             8,849        

instructions regarding administration do not constitute control    8,850        

or establish responsibility.                                       8,851        

      (N)  "Price information" means the price charged for a       8,853        

prescription for a particular drug product and, in an easily       8,854        

understandable manner, all of the following:                       8,855        

      (1)  The proprietary name of the drug product;               8,857        

      (2)  The established (generic) name of the drug product;     8,859        

      (3)  The strength of the drug product if the product         8,861        

contains a single active ingredient or if the drug product         8,862        

contains more than one active ingredient and a relevant strength   8,863        

can be associated with the product without indicating each active  8,864        

ingredient.  The established name and quantity of each active      8,865        

ingredient are required if such a relevant strength cannot be so   8,866        

                                                          194    

                                                                 
associated with a drug product containing more than one            8,867        

ingredient.                                                        8,868        

      (4)  The dosage form;                                        8,870        

      (5)  The price charged for a specific quantity of the drug   8,872        

product.  The stated price shall include all charges to the        8,873        

consumer, including, but not limited to, the cost of the drug      8,874        

product, professional fees, handling fees, if any, and a           8,875        

statement identifying professional services routinely furnished    8,876        

by the pharmacy.  Any mailing fees and delivery fees may be        8,877        

stated separately without repetition.  The information shall not   8,878        

be false or misleading.                                            8,879        

      (O)  "Wholesale distributor of dangerous drugs" means a      8,881        

person engaged in the sale of dangerous drugs at wholesale and     8,882        

includes any agent or employee of such a person authorized by the  8,884        

person to engage in the sale of dangerous drugs at wholesale.      8,885        

      (P)  "Manufacturer of dangerous drugs" means a person,       8,887        

other than a pharmacist, who manufactures dangerous drugs and who  8,888        

is engaged in the sale of those dangerous drugs within this        8,889        

state.                                                             8,890        

      (Q)  "Terminal distributor of dangerous drugs" means a       8,892        

person, other than a practitioner, who is engaged in the sale of   8,893        

dangerous drugs at retail, or any person, other than a wholesale   8,894        

distributor or a pharmacist, who has in the person's possession,   8,896        

custody, or control OF dangerous drugs for any purpose other than  8,897        

for the THAT person's own use and consumption, and includes        8,899        

pharmacies, hospitals, nursing homes, and laboratories and all     8,900        

other persons who procure dangerous drugs for sale or other        8,901        

distribution by or under the supervision of a pharmacist or        8,902        

medical practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED TO    8,903        

PRESCRIBE DRUGS.                                                                

      (R)  "Promote to the public" means disseminating a           8,905        

representation to the public in any manner or by any means, other  8,906        

than by labeling, for the purpose of inducing, or that is likely   8,907        

to induce, directly or indirectly, the purchase of a dangerous     8,908        

                                                          195    

                                                                 
drug at retail.                                                    8,909        

      (S)  "Person" includes any individual, partnership,          8,911        

association, limited liability company, or corporation, the        8,912        

state, any political subdivision of the state, and any district,   8,913        

department, or agency of the state or its political subdivisions.  8,914        

      (T)  "Finished dosage form" has the same meaning as in       8,916        

division (A)(17) of section 3715.01 of the Revised Code.           8,917        

      (U)  As used in section 4729.38 of the Revised Code,         8,919        

"manufacturer" means a person who manufactures, as defined in      8,920        

division (A)(18) of section 3715.01 of the Revised Code.           8,921        

      (V)  "Generically equivalent drug" has the same meaning as   8,923        

in division (A)(20) of section 3715.01 of the Revised Code.        8,924        

      (W)(V)  "Animal shelter" means a facility operated by a      8,926        

humane society or any society organized under Chapter 1717. of     8,927        

the Revised Code or a dog pound operated pursuant to Chapter 955.  8,928        

of the Revised Code.                                               8,929        

      (X)(W)  "Food" has the same meaning as in section 3715.01    8,931        

of the Revised Code.                                               8,932        

      Sec. 4729.01 4729.02.  There shall be a state board of       8,941        

pharmacy, consisting of nine members, eight of whom shall be       8,943        

pharmacists registered LICENSED under this chapter, representing   8,944        

to the extent practicable various phases of the practice of        8,946        

pharmacy, and one of whom shall be a public member at least sixty  8,947        

years of age. Members shall be appointed by the governor with the  8,948        

advice and consent of the senate.  Terms of office shall be for    8,949        

four years, commencing on the first day of July and ending on the  8,950        

thirtieth day of June.  The Ohio state pharmaceutical PHARMACISTS  8,951        

association may annually submit to the governor the names of not   8,953        

less than five pharmacists registered LICENSED under this          8,954        

chapter, and from the names submitted or from others, at his THE   8,956        

GOVERNOR'S discretion, the governor each year shall appoint two    8,958        

members of the board, except that the governor shall appoint       8,959        

three members of the board in 1991 and every four years            8,960        

thereafter MAKE APPOINTMENTS TO THE BOARD.  Each member shall      8,961        

                                                          196    

                                                                 
hold office from the date of his appointment until the end of the  8,962        

term for which he THE MEMBER was appointed.  Any member appointed  8,963        

to fill a vacancy occurring prior to the expiration of the term    8,965        

for which his THE predecessor was appointed shall hold office for  8,966        

the remainder of such term.  Any member shall continue in office   8,967        

subsequent to the expiration date of his THE MEMBER'S term until   8,968        

his A successor takes office, or until a period of sixty days has  8,970        

elapsed, whichever occurs first.                                                

      No member of the board shall be reappointed to the board     8,972        

more than once.                                                    8,973        

      Sec. 4729.03.  The state board of pharmacy shall organize    8,982        

by electing a president and a vice-president who are members of    8,983        

the board.  The president shall preside over the meetings of the   8,984        

board, but shall not vote upon matters determined by the board,    8,985        

except in the event of a tie vote, in which case the president     8,986        

shall vote.  The board shall also employ an executive director                  

who is a registered LICENSED pharmacist in good standing in his    8,988        

profession and who is not THE PRACTICE OF PHARMACY IN THIS STATE.  8,989        

THE PERSON EMPLOYED SHALL NOT BE a member of the board.  Each of   8,990        

the officers elected shall serve for a term of one year.  The      8,991        

members of the board shall receive an amount fixed pursuant to                  

division (J) of section 124.15 of the Revised Code for each day    8,992        

employed in the discharge of their official duties and their       8,994        

necessary expenses while engaged therein.                          8,995        

      Sec. 4729.06.  The state board of pharmacy shall keep a      9,004        

record of its proceedings and a register of all persons to whom    9,005        

identification cards and certificates LICENSES have been granted   9,006        

as pharmacists or pharmacy interns, together with each renewal     9,008        

and suspension or revocation of an identification card and                      

certificate LICENSE.  The books and registers of the board shall   9,009        

be prima-facie evidence of the matters therein recorded.  The      9,011        

president and executive director of the board may administer       9,013        

oaths.                                                                          

      A statement signed by the executive director to which is     9,015        

                                                          197    

                                                                 
affixed the official seal of the board to the effect that it       9,016        

appears from the records of the board that no such THE BOARD HAS   9,017        

NOT ISSUED AN identification card and certificate LICENSE to       9,018        

practice pharmacy, or any of its branches, in the state has been   9,019        

issued to any such THE person specified therein IN THE STATEMENT,  9,021        

or that an identification card and certificate LICENSE, if         9,022        

issued, has been revoked or suspended, shall be received as        9,023        

prima-facie evidence of the record of such THE board in any court  9,024        

or before any officer of this state.                               9,025        

      Sec. 4729.07.  An individual desiring to be registered       9,034        

LICENSED as a pharmacist shall file with the executive director    9,036        

of the state board of pharmacy a verified application giving such  9,037        

information as the board requires, and appear before the board to  9,038        

take an examination to determine fitness to practice pharmacy.     9,039        

Examinations of those applying for registration LICENSURE as       9,040        

pharmacists shall be held at such times, during each year, and at  9,042        

such places as the board determines.  The board may make use of    9,043        

all or any part of the licensure examination of the national       9,044        

association of boards of pharmacy or any other national            9,045        

standardized pharmacy examination that it considers appropriate    9,046        

to perform its duties under this section.  The board may require   9,047        

applicants for licensure by examination to purchase the            9,048        

examination and any related materials from the organization        9,049        

providing it.                                                                   

      Sec. 4729.08.  Every applicant for examination and           9,058        

registration LICENSURE as a pharmacist shall:                      9,059        

      (A)  Be at least eighteen years of age;                      9,061        

      (B)  Be of good moral character and habits;                  9,063        

      (C)  Have obtained a degree in pharmacy from a program that  9,065        

has been recognized and approved by the state board of pharmacy,   9,066        

except that graduates of schools or colleges of pharmacy that are  9,067        

located outside the United States and have not demonstrated that   9,068        

the standards of their programs are at least equivalent to         9,069        

programs recognized and approved by the board shall be required    9,070        

                                                          198    

                                                                 
to pass an equivalency examination recognized and approved by the  9,071        

board and to establish written and oral proficiency in English.    9,072        

      (D)  Have satisfactorily completed at least the minimum      9,074        

requirements for pharmacy internship as outlined by the board.     9,075        

      If the board is satisfied that the applicant meets the       9,077        

foregoing requirements and if the applicant passes the             9,078        

examination required under section 4729.07 of the Revised Code,    9,079        

the board shall issue to the applicant a certificate of            9,080        

registration LICENSE and an identification card authorizing him    9,082        

THE INDIVIDUAL to practice pharmacy.                                            

      Sec. 4729.09.  The state board of pharmacy may register      9,091        

LICENSE an individual as a pharmacist without examination and      9,094        

issue him a certificate of such registration and an                9,095        

identification card TO THE PHARMACIST if such THE individual:      9,097        

      (A)  Holds a certificate LICENSE in good standing to         9,099        

practice pharmacy under the laws of another state, has             9,102        

successfully completed an examination for registration LICENSURE   9,103        

in the other state, and in the opinion of the board, such THE      9,105        

examination was at least as thorough as that required by the       9,107        

board at the time such THE individual took the examination;        9,109        

      (B)  Is of good moral character and habit;                   9,111        

      (C)  Has filed with the board LICENSING BODY of the OTHER    9,113        

state with which he holds a certificate of good standing at least  9,116        

the credentials or the equivalent as where then THAT WERE          9,117        

required by the Ohio board for registration as THIS STATE AT THE   9,118        

TIME THE INDIVIDUAL WAS LICENSED a pharmacist.                     9,119        

      The board shall not issue any identification card or         9,121        

certificate LICENSE to such AN individual LICENSED IN ANOTHER      9,123        

STATE if the state in which such THE individual is registered      9,124        

LICENSED does not reciprocate by granting certificates LICENSES    9,125        

to practice pharmacy to persons holding valid certificates to      9,127        

practice pharmacy in Ohio issued LICENSES RECEIVED through         9,128        

examination by the state board of pharmacy of Ohio.                9,129        

      Sec. 4729.11.  The state board of pharmacy shall establish   9,138        

                                                          199    

                                                                 
a pharmacy internship program for the purpose of providing the     9,139        

practical experience necessary for registration TO PRACTICE as a   9,140        

pharmacist.  Any individual who desires to become a pharmacy       9,142        

intern shall apply for registration LICENSURE to the board, and    9,143        

shall be issued an identification card and certificate of          9,144        

registration LICENSE as a pharmacy intern if in the opinion of     9,146        

the board the applicant is actively pursuing an educational        9,147        

program in preparation for registration LICENSURE as a pharmacist  9,148        

and meets the other requirements as determined by the board.       9,149        

Such AN identification card and certificate of registration        9,151        

LICENSE shall be valid until the next annual renewal date and      9,153        

shall be renewed only if the intern is meeting the requirements                 

and regulations RULES of the board.                                9,154        

      The state board of pharmacy may appoint a director of        9,156        

pharmacy internship who is a registered LICENSED pharmacist and    9,157        

who is not directly or indirectly connected with a school or       9,159        

college of pharmacy or department of pharmacy of a university.     9,160        

THE                                                                             

      The director of pharmacy internship shall be responsible to  9,162        

the board for the operation and direction of the pharmacy          9,164        

internship program established by the board under this section,    9,165        

and for such other duties as the board may assign.                 9,166        

      Sec. 4729.12.  The AN IDENTIFICATION CARD ISSUED BY THE      9,175        

state board of pharmacy shall issue an identification card to      9,177        

each registered pharmacist or pharmacy intern, which shall         9,178        

entitle UNDER SECTION 4729.08 OF THE REVISED CODE ENTITLES the                  

individual to whom it is issued to practice as a pharmacist or as  9,180        

a pharmacy intern in this state until the next annual renewal      9,182        

date.                                                                           

      Identification cards shall be renewed annually on the        9,184        

fifteenth day of September, according to the standard renewal      9,185        

procedure of sections 4745.01 to 4745.03 CHAPTER 4745. of the      9,187        

Revised Code.                                                                   

      Each pharmacist and pharmacy intern shall have his CARRY     9,190        

                                                          200    

                                                                 
THE identification card or renewal identification card on his      9,191        

person while engaged in the practice of pharmacy and his           9,192        

certificate of registration.  THE LICENSE shall be conspicuously   9,193        

exposed at the principal place where he THE PHARMACIST OR          9,195        

PHARMACY INTERN practices pharmacy.                                9,196        

      If a A pharmacist or pharmacy intern WHO desires to          9,199        

continue IN the practice of his profession, he PHARMACY shall      9,200        

file with the board an application in such form and containing     9,202        

such data as the board may require for renewal of an               9,203        

identification card.  If the board finds that the applicant has    9,204        

been registered and that such registration APPLICANT'S CARD has    9,205        

not been revoked or placed under suspension, AND that he THE       9,207        

APPLICANT has paid the renewal fee, has continued his pharmacy     9,208        

education in accordance with the rules of the board, and is        9,209        

entitled to continue in the practice of pharmacy, the board shall  9,210        

issue a renewal identification card to the applicant.              9,211        

      When an identification card has lapsed for more than sixty   9,213        

days but application is made within three years after the          9,214        

expiration of the card, the applicant shall be issued a renewal    9,215        

identification card without further examination if he THE          9,216        

APPLICANT meets the requirements of this section and pays the fee  9,218        

designated under division (E) of section 4729.15 of the Revised    9,219        

Code.                                                                           

      Sec. 4729.13.  If a registered A pharmacist WHO fails to     9,228        

make application to the state board of pharmacy for a renewal      9,230        

identification card within a period of three years from the        9,231        

expiration of his THE identification card, he must pass an         9,232        

examination for registration; except that a person who has been    9,233        

registered under the laws of this state and after the expiration   9,234        

of his PHARMACIST WHOSE registration HAS EXPIRED, BUT WHO has      9,235        

continually practiced pharmacy in another state under a            9,236        

certificate LICENSE issued by the authority of such THAT state,    9,238        

may obtain a renewal identification card upon payment to the                    

executive director of the board the fee designated under division  9,239        

                                                          201    

                                                                 
(F) of section 4729.15 of the Revised Code.                        9,240        

      Sec. 4729.14.  A replacement certificate LICENSE or          9,249        

identification card may be issued a person registered WITH THE     9,252        

STATE BOARD OF PHARMACY as a pharmacist or as a pharmacy intern    9,253        

whose certificate LICENSE or identification card has been lost or  9,255        

destroyed, upon condition that the applicant by affidavit sets     9,256        

forth the facts concerning the loss or destruction of his          9,257        

certificate THE PREVIOUSLY ISSUED LICENSE or identification card.  9,258        

      Sec. 4729.15.  The state board of pharmacy shall charge the  9,267        

following fees:                                                    9,268        

      (A)  For applying for registration A LICENSE TO PRACTICE as  9,270        

a pharmacist, an amount adequate to cover all rentals,             9,272        

compensation for proctors, and other expenses of the board         9,273        

related to examination except the expenses of procuring and        9,274        

grading the examination, which fee shall not be returned if the    9,275        

applicant fails to pass the examination;                           9,276        

      (B)  For the examination of an applicant for registration    9,278        

LICENSURE as a pharmacist, an amount adequate to cover any         9,280        

expenses to the board of procuring and grading the examination or  9,281        

any part thereof, which fee shall not be returned if the           9,282        

applicant fails to pass the examination;                           9,283        

      (C)  For issuing a certificate of registration LICENSE and   9,285        

an identification card to an individual who passes the             9,286        

examination described in section 4729.07 of the Revised Code, an   9,288        

amount that is adequate to cover the expense;                      9,289        

      (D)  For the renewal application fee of a pharmacist         9,291        

APPLYING for RENEWAL OF an identification card within sixty days   9,293        

after the expiration date, ninety-seven dollars and fifty cents,   9,294        

which fee shall not be returned if the applicant fails to qualify  9,297        

for renewal;                                                                    

      (E)  For the renewal application fee of a pharmacist         9,299        

APPLYING for RENEWAL OF an identification card that has lapsed     9,301        

for more than sixty days, but for less than three years, one       9,302        

hundred thirty-five dollars, which fee shall not be returned if    9,304        

                                                          202    

                                                                 
the applicant fails to qualify for renewal;                                     

      (F)  For the renewal application fee of a pharmacist         9,306        

APPLYING for RENEWAL OF an identification card that has lapsed     9,308        

for more than three years, three hundred thirty-seven dollars and  9,310        

fifty cents, which fee shall not be returned if the applicant      9,312        

fails to qualify for renewal;                                                   

      (G)  For the application fee of an applicant for             9,314        

registration as a pharmacist, certificate of registration,         9,315        

APPLYING FOR A LICENSE and identification card, on presentation    9,317        

of a certificate PHARMACIST LICENSE granted by another state,      9,319        

three hundred thirty-seven dollars and fifty cents, which fee      9,320        

shall not be returned if the applicant fails to qualify for        9,321        

registration LICENSURE.                                            9,322        

      (H)  For the application fee for registration A LICENSE AND  9,324        

IDENTIFICATION CARD TO PRACTICE as a pharmacy intern, certificate  9,326        

of registration, and identification card, twenty-two dollars and   9,327        

fifty cents, which fee shall not be returned if the applicant      9,328        

fails to qualify for registration LICENSURE;                       9,329        

      (I)  For the renewal application fee of a pharmacy intern    9,331        

for an identification card, twenty-two dollars and fifty cents,    9,333        

which fee shall not be returned if the applicant fails to qualify  9,334        

for renewal;                                                                    

      (J)  For issuing a replacement certificate LICENSE to a      9,336        

pharmacist, twenty-two dollars and fifty cents;                    9,338        

      (K)  For issuing a replacement certificate LICENSE to a      9,340        

pharmacy intern, seven dollars and fifty cents;                    9,341        

      (L)  For issuing a replacement identification card to a      9,343        

pharmacist, thirty-seven dollars and fifty cents, or pharmacy      9,345        

intern, seven dollars and fifty cents;                             9,346        

      (M)  For certifying registration LICENSURE and grades for    9,348        

reciprocal registration LICENSURE, ten dollars;                    9,350        

      (N)  For making copies of any application, affidavit, or     9,352        

other document filed in the state board of pharmacy office, an     9,353        

amount fixed by the board that is adequate to cover the expense,   9,354        

                                                          203    

                                                                 
except that for copies required by federal or state agencies or    9,355        

law enforcement officers for official purposes, no charge need be  9,356        

made;                                                              9,357        

      (O)  For certifying and affixing the seal of the board, an   9,359        

amount fixed by the board that is adequate to cover the expense,   9,360        

except that for certifying and affixing the seal of the board to   9,361        

a document required by federal or state agencies or law            9,362        

enforcement officers for official purposes, no charge need be      9,363        

made;                                                              9,364        

      (P)  For each copy of a book or pamphlet that includes laws  9,366        

administered by the state board of pharmacy, rules adopted by the  9,367        

board, and chapters of the Revised Code with which the board is    9,368        

required to comply, an amount fixed by the board that is adequate  9,369        

to cover the expense of publishing and furnishing the book or      9,370        

pamphlet.                                                          9,371        

      Sec. 4729.16.  (A)  The state board of pharmacy, after       9,380        

notice and hearing in accordance with Chapter 119. of the Revised  9,382        

Code, may revoke, suspend, place on probation, or refuse to grant  9,383        

or renew an identification card under this chapter, or may impose  9,384        

a monetary penalty or forfeiture not to exceed in severity any     9,385        

fine designated under the Revised Code for a similar offense, or   9,387        

in the case of a violation of a section of the Revised Code that   9,388        

does not bear a penalty, a monetary penalty or forfeiture of not   9,390        

more than five hundred dollars, if the board finds a pharmacist    9,391        

or pharmacy intern:                                                             

      (1)  Guilty of a felony or gross immorality;                 9,393        

      (2)  Guilty of dishonesty or unprofessional conduct in the   9,395        

practice of pharmacy;                                              9,396        

      (3)  Addicted to or abusing liquor or drugs or impaired      9,398        

physically or mentally to such a degree as to render him THE       9,399        

PHARMACIST OR PHARMACY INTERN unfit to practice pharmacy;          9,401        

      (4)  Has been convicted of a misdemeanor related to, or      9,403        

committed in, the practice of pharmacy;                            9,404        

      (5)  Guilty of willfully violating, conspiring to violate,   9,406        

                                                          204    

                                                                 
attempting to violate, or aiding and abetting the violation of     9,407        

any of the provisions of THIS CHAPTER, sections 3715.52 to         9,408        

3715.72 OF THE REVISED CODE, or Chapter 2925., OR 3719., or 4729.  9,410        

of the Revised Code;                                                            

      (6)  Guilty of permitting anyone other than a pharmacist or  9,412        

pharmacy intern to practice pharmacy;                              9,413        

      (7)  Guilty of knowingly lending his THE PHARMACIST'S OR     9,415        

PHARMACY INTERN'S name to an illegal practitioner of pharmacy or   9,417        

having professional connection with an illegal practitioner of     9,418        

pharmacy; or                                                                    

      (8)  Guilty of dividing or agreeing to divide remuneration   9,420        

made in the practice of pharmacy with any other individual,        9,421        

including, but not limited to, a practitioner ANY LICENSED HEALTH  9,422        

PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS or any owner, manager,  9,424        

or employee of a health care facility, residential care facility,  9,425        

or nursing home;                                                                

      (9)  HAS VIOLATED THE TERMS OF A CONSULT AGREEMENT ENTERED   9,427        

INTO PURSUANT TO SECTION 4729.39 OF THE REVISED CODE.              9,428        

      (B)  Any individual whose identification card is revoked,    9,430        

suspended, or refused, shall return his THE identification card    9,431        

and certificate of registration LICENSE to the offices of the      9,433        

state board of pharmacy within ten days after receipt of notice    9,435        

of such action.                                                                 

      (C)  As used in this section:                                9,437        

      "Unprofessional conduct in the practice of pharmacy"         9,439        

includes any of the following:                                     9,440        

      (1)  Advertising or displaying signs that promote dangerous  9,442        

drugs to the public in a manner that is false or misleading;       9,443        

      (2)  The EXCEPT AS PROVIDED IN SECTION 4729.281 OF THE       9,445        

REVISED CODE, THE sale of any drug for which a prescription from   9,446        

a practitioner is required, without having received a              9,447        

prescription for the drug;                                         9,448        

      (3)  Willfully and knowingly filling prescriptions or        9,450        

selling drugs for false or forged prescriptions;                   9,451        

                                                          205    

                                                                 
      (4)  Willfully and knowingly failing to maintain complete    9,453        

and accurate records of all controlled substances received or      9,454        

dispensed in compliance with federal laws and regulations and      9,455        

state laws and rules;                                              9,456        

      (5)  Obtaining any remuneration by fraud,                    9,458        

misrepresentation, or deception;                                   9,459        

      (6)  Obtaining or attempting to obtain a license issued      9,461        

under THIS CHAPTER OR Chapter 3715. or 4729. of the Revised Code   9,462        

from the state board of pharmacy by fraud, misrepresentation, or   9,464        

deception;.                                                                     

      (7)  Waiving the payment of all or any part of a deductible  9,466        

or copayment that an individual, pursuant to a health insurance    9,467        

or health care policy, contract, or plan that covers               9,468        

pharmaceutical services, would otherwise be required to pay for    9,469        

the services if the waiver is used as an enticement to a patient   9,470        

or group of patients to receive health care services from that     9,471        

provider.                                                                       

      (8)  Advertising that a pharmacy, pharmacist, or pharmacist  9,473        

intern will waive the payment of all or any part of a deductible   9,474        

or copayment that an individual, pursuant to a health insurance    9,475        

or health care policy, contract, or plan that covers               9,476        

pharmaceutical services, would otherwise be required to pay for    9,477        

the services.                                                      9,478        

      (D)  Notwithstanding divisions (C)(7) and (8) of this        9,480        

section, sanctions shall not be imposed against any licensee who   9,481        

waives deductibles and copayments:                                 9,482        

      (1)  In compliance with the health benefit plan that         9,484        

expressly allows such a practice.  Waiver of the deductibles or    9,485        

copays shall be made only with the full knowledge and consent of   9,486        

the plan purchaser, payer, and third-party administrator.  Such    9,487        

consent shall be made available to the board upon request.         9,488        

      (2)  For professional services rendered to any other person  9,490        

licensed pursuant to this chapter to the extent allowed by this    9,491        

chapter and the rules of the board.                                9,492        

                                                          206    

                                                                 
      Sec. 4729.25.  (A)  The state board of pharmacy shall        9,501        

enforce, or cause to be enforced, this chapter.  If it has         9,502        

information that such sections have ANY PROVISION OF THIS CHAPTER  9,503        

HAS been violated, it shall investigate the matter, and take such  9,504        

action as it considers appropriate in accordance with its rules    9,505        

made and published pursuant to ADOPTED UNDER section 4729.26 of    9,506        

the Revised Code.  WITH REGARD TO VIOLATIONS OF SECTIONS 4729.51   9,507        

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.      9,508        

      (B)  Nothing in this chapter shall be construed to require   9,510        

the state board of pharmacy to enforce minor violations of this    9,511        

chapter if the board determines that the public interest is        9,512        

adequately served by a notice or warning to the alleged offender.  9,513        

      Sec. 4729.26.  The state board of pharmacy is empowered to   9,522        

make such MAY ADOPT rules and regulations, subject to and in       9,523        

accordance with sections 119.01 to 119.13, inclusive, CHAPTER      9,525        

119. of the Revised Code, not inconsistent with the law,           9,526        

pertaining to the practice of pharmacy as may be necessary to      9,527        

carry out the purpose PURPOSES of and TO enforce sections 4729.01  9,528        

to 4729.37, inclusive, of the Revised Code THE PROVISIONS OF THIS  9,529        

CHAPTER PERTAINING TO THE PRACTICE OF PHARMACY.  Such THE rules    9,530        

and regulations shall be published and distributed MADE AVAILABLE  9,532        

by the board to each of its licensees PHARMACIST LICENSED UNDER    9,534        

THIS CHAPTER.                                                                   

      Sec. 4729.27.  A person not a registered pharmacist, who     9,543        

owns, manages, or conducts a pharmacy as defined in section        9,545        

4729.02 of the Revised Code, shall have in his employ, A           9,546        

PHARMACIST TO BE in full and actual charge of such pharmacy, a     9,548        

pharmacist registered under the laws of this state.  Any           9,549        

registered pharmacist, who owns, manages, or conducts a pharmacy   9,551        

shall be personally in full and actual charge of such THE          9,552        

pharmacy, or shall have in his employ ANOTHER PHARMACIST TO BE in  9,554        

full and actual charge of such THE pharmacy, a pharmacist          9,555        

registered under the laws of this state.                           9,556        

                                                          207    

                                                                 
      Sec. 4729.28.  No person who is not a registered pharmacist  9,565        

or a pharmacy intern under the personal supervision of a           9,567        

registered pharmacist shall compound, dispense, or sell drugs,     9,568        

dangerous drugs, and poisons OR OTHERWISE ENGAGE IN THE PRACTICE   9,570        

OF PHARMACY.                                                                    

      Sec. 4729.281.  (A)  A PHARMACIST MAY DISPENSE OR SELL A     9,573        

DANGEROUS DRUG, OTHER THAN A SCHEDULE II CONTROLLED SUBSTANCE AS   9,575        

DEFINED IN SECTION 3719.01 OF THE REVISED CODE, WITHOUT A WRITTEN  9,577        

OR ORAL PRESCRIPTION FROM A LICENSED HEALTH PROFESSIONAL           9,578        

AUTHORIZED TO PRESCRIBE DRUGS IF ALL OF THE FOLLOWING CONDITIONS   9,579        

ARE MET:                                                           9,580        

      (1)  THE PHARMACY AT WHICH THE PHARMACIST WORKS HAS A        9,582        

RECORD OF A PRESCRIPTION FOR THE DRUG IN THE NAME OF THE PATIENT   9,583        

WHO IS REQUESTING IT, BUT THE PRESCRIPTION DOES NOT PROVIDE FOR A  9,585        

REFILL OR THE TIME PERMITTED BY RULES ADOPTED BY THE STATE BOARD   9,586        

OF PHARMACY FOR PROVIDING REFILLS HAS ELAPSED.                                  

      (2)  THE PHARMACIST IS UNABLE TO OBTAIN AUTHORIZATION TO     9,588        

REFILL THE PRESCRIPTION FROM THE HEALTH CARE PROFESSIONAL WHO      9,589        

ISSUED THE PRESCRIPTION OR ANOTHER HEALTH PROFESSIONAL             9,590        

RESPONSIBLE FOR THE PATIENT'S CARE.                                9,591        

      (3)  IN THE EXERCISE OF THE PHARMACIST'S PROFESSIONAL        9,593        

JUDGMENT:                                                          9,594        

      (a)  THE DRUG IS ESSENTIAL TO SUSTAIN THE LIFE OF THE        9,597        

PATIENT OR CONTINUE THERAPY FOR A CHRONIC CONDITION OF THE         9,598        

PATIENT.                                                                        

      (b)  FAILURE TO DISPENSE OR SELL THE DRUG TO THE PATIENT     9,601        

COULD RESULT IN HARM TO THE HEALTH OF THE PATIENT.                 9,602        

      (4)  THE AMOUNT OF THE DRUG THAT IS DISPENSED OR SOLD UNDER  9,605        

THIS SECTION DOES NOT EXCEED A SEVENTY-TWO HOUR SUPPLY AS                       

PROVIDED IN THE PRESCRIPTION.                                      9,606        

      (B)  A PHARMACIST WHO DISPENSES OR SELLS A DRUG UNDER THIS   9,609        

SECTION SHALL DO ALL OF THE FOLLOWING:                             9,610        

      (1)  FOR ONE YEAR AFTER THE DATE OF DISPENSING OR SALE,      9,612        

MAINTAIN A RECORD IN ACCORDANCE WITH THIS CHAPTER OF THE DRUG      9,613        

                                                          208    

                                                                 
DISPENSED OR SOLD, INCLUDING THE NAME AND ADDRESS OF THE PATIENT   9,614        

AND THE INDIVIDUAL RECEIVING THE DRUG, IF THE INDIVIDUAL           9,615        

RECEIVING THE DRUG IS NOT THE PATIENT, THE AMOUNT DISPENSED OR     9,616        

SOLD, AND THE ORIGINAL PRESCRIPTION NUMBER;                        9,617        

      (2)  NOTIFY THE HEALTH PROFESSIONAL WHO ISSUED THE           9,619        

PRESCRIPTION DESCRIBED IN DIVISION (A)(1) OF THIS SECTION OR       9,622        

ANOTHER HEALTH PROFESSIONAL RESPONSIBLE FOR THE PATIENT'S CARE     9,623        

NOT LATER THAN SEVENTY-TWO HOURS AFTER THE DRUG IS SOLD OR                      

DISPENSED;                                                         9,624        

      (3)  IF APPLICABLE, OBTAIN AUTHORIZATION FOR ADDITIONAL      9,626        

DISPENSING FROM ONE OF THE HEALTH PROFESSIONALS DESCRIBED IN       9,627        

DIVISION (B)(2) OF THIS SECTION.                                   9,629        

      (C)  A PHARMACIST WHO DISPENSES OR SELLS A DRUG UNDER THIS   9,632        

SECTION MAY DO SO ONCE FOR EACH PRESCRIPTION DESCRIBED IN          9,633        

DIVISION (A)(1) OF THIS SECTION.                                   9,634        

      Sec. 4729.29.  (A)  As used in this section:                 9,643        

      (1)  "Dentist" means a person licensed under Chapter 4715.   9,645        

of the Revised Code to practice dentistry.                         9,646        

      (2)  "Optometrist" means a person who is licensed to         9,648        

practice optometry and holds a valid therapeutic pharmaceutical    9,649        

agents certificate issued under Chapter 4725. of the Revised       9,650        

Code.                                                              9,651        

      (3)  "Physician" means a person holding a valid certificate  9,653        

issued under Chapter 4731. of the Revised Code authorizing the     9,654        

person to practice medicine and surgery, osteopathic medicine and  9,655        

surgery, or podiatry.                                              9,656        

      (4)  "Veterinarian" means a person licensed under Chapter    9,658        

4741. of the Revised Code to practice veterinarian medicine.       9,659        

      (5)  "Advanced practice nurse" means an individual approved  9,661        

under section 4723.56 of the Revised Code to prescribe drugs and   9,662        

therapeutic devices.                                               9,663        

      (B)  Divisions (A) and (B) of section 4729.02 4729.01 and    9,666        

sections 4729.26, 4729.27, and SECTION 4729.28 of the Revised      9,667        

Code do not do either of the following:                            9,668        

                                                          209    

                                                                 
      (1)  Apply to a dentist, optometrist, physician,             9,670        

veterinarian, or advanced practice nurse; LICENSED HEALTH          9,671        

PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS OR prevent dentists,    9,673        

optometrists, physicians, or veterinarians A PRESCRIBER from       9,675        

personally supplying their FURNISHING THE PRESCRIBER'S patients    9,676        

with such drugs as to the dentist, optometrist, physician, or      9,677        

veterinarian, WITHIN THE PRESCRIBER'S SCOPE OF PROFESSIONAL        9,678        

PRACTICE, THAT seem proper; or prevent an advanced practice nurse  9,679        

from personally supplying drugs and therapeutic devices in         9,680        

accordance with section 4723.561 of the Revised Code TO THE        9,682        

PRESCRIBER.                                                                     

      (2)  Apply to the sale of oxygen, peritoneal dialysis        9,684        

solutions, or the sale of proprietary drugs or medicines THAT ARE  9,686        

NOT DANGEROUS DRUGS by a retail dealer, in original packages when  9,687        

labeled as required by the "Federal Food, Drug, and Cosmetic       9,688        

Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended.           9,689        

      (B)  WHEN A PRESCRIBER PERSONALLY FURNISHES DRUGS TO A       9,692        

PATIENT PURSUANT TO DIVISION (A)(1) OF THIS SECTION, THE           9,693        

PRESCRIBER SHALL ENSURE THAT THE DRUGS ARE LABELED AND PACKAGED    9,694        

IN ACCORDANCE WITH STATE AND FEDERAL DRUG LAWS AND ANY RULES AND   9,695        

REGULATIONS ADOPTED PURSUANT TO THOSE LAWS.  RECORDS OF PURCHASE   9,696        

AND DISPOSITION OF ALL DRUGS PERSONALLY FURNISHED TO PATIENTS      9,697        

SHALL BE MAINTAINED BY THE PRESCRIBER IN ACCORDANCE WITH STATE     9,698        

AND FEDERAL DRUG STATUTES AND ANY RULES ADOPTED PURSUANT TO THOSE  9,700        

STATUTES.                                                                       

      (C)  Nothing in this chapter prohibits a person who is       9,702        

certified to administer topical ocular pharmaceutical agents       9,703        

under Chapter 4725. of the Revised Code from purchasing,           9,704        

possessing, or administering topical ocular pharmaceutical agents  9,705        

in accordance with Chapter 4725. of the Revised Code.              9,706        

      Sec. 4729.30.  Sections 4729.27 and 4729.28 of the Revised   9,715        

Code shall not prohibit a person from selling Paris green and      9,716        

other materials or compounds used exclusively for spraying and     9,717        

disinfecting when put up in bottles or boxes, bearing the name of  9,719        

                                                          210    

                                                                 
a registered LICENSED pharmacist or wholesale dealer, and labeled  9,721        

as required by section 3719.33 of the Revised Code or apply to or               

interfere with the exclusively wholesale business of a dealer.     9,723        

      Sec. 4729.36.  (A)  No place except a pharmacy LICENSED AS   9,732        

A TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS AND NO PERSON EXCEPT A   9,733        

LICENSED PHARMACIST shall display any sign or advertise in any     9,736        

fashion, using the words "pharmacy," "drugs," "drug store," "drug  9,737        

store supplies," "pharmacist," "druggist," "pharmaceutical                      

chemist," "apothecary," "drug sundries," "medicine," or any of     9,738        

these words or their equivalent, in any manner.                    9,739        

      (B)  A pharmacy or pharmacist making retail sales may        9,741        

advertise by name or therapeutic class the availability for sale   9,742        

of OR dispensing of any dangerous drug provided such THAT THE      9,744        

advertising includes THE price information as defined SPECIFIED    9,746        

IN THE DEFINITION OF THAT TERM in division (N) of section 4729.02  9,747        

4729.01 of the Revised Code.                                                    

      Sec. 4729.37.  A copy of an original prescription may only   9,756        

be filled in accordance with the rules and regulations adopted by  9,757        

the state board of pharmacy.                                       9,758        

      Prescriptions received ELECTRONICALLY OR by word of mouth,   9,760        

telephone, telegraph, or other means of communication shall be     9,763        

recorded in writing by the pharmacist and the record so made by    9,764        

the pharmacist shall constitute the original prescription to be                 

filled by the pharmacist.  All prescriptions shall be preserved    9,765        

on file at the pharmacy for a period of three years, subject to    9,767        

inspection by the proper officers of the law.                      9,768        

      Sec. 4729.38.  (A)  Unless instructed otherwise by the       9,778        

person receiving the drug pursuant to the prescription, a          9,779        

pharmacist filling a prescription for a drug prescribed by its     9,780        

brand name may select a generically equivalent drug, as defined    9,781        

in section 3715.01 of the Revised Code, subject to the following   9,782        

conditions:                                                        9,783        

      (1)  The pharmacist shall not select a generically           9,785        

equivalent drug if the prescriber handwrites "dispense as          9,786        

                                                          211    

                                                                 
written," or "D.A.W.," on the written prescription, or, when       9,788        

ordering a prescription ELECTRONICALLY OR orally, the prescriber   9,789        

specifies that the prescribed drug is medically necessary.  These  9,791        

designations shall not be preprinted or stamped on the             9,792        

prescription.  Division (A)(1) of this section does not preclude   9,793        

a reminder of the procedure required to prohibit the selection of  9,794        

a generically equivalent drug from being preprinted on the         9,795        

prescription.                                                                   

      (2)  The pharmacist shall not select a generically           9,797        

equivalent drug unless its price to the purchaser PATIENT is less  9,799        

than OR EQUAL TO the price of the prescribed drug, and shall pass  9,800        

on as a savings to the purchaser, other than the state medical     9,801        

assistance program, the full amount of the retail price            9,802        

difference between the prescribed brand name drug and the          9,803        

generically equivalent drug.  The amount paid for the generic      9,804        

drug under the state medical assistance program shall be as        9,805        

provided by federal regulation.                                    9,806        

      (3)  The pharmacist, or the pharmacist's agent, assistant,   9,808        

or employee shall inform the person receiving the drug pursuant    9,809        

to the prescription of the selection of PATIENT OR THE PATIENT'S   9,810        

AGENT IF a lower cost generically equivalent drug IS AVAILABLE AT  9,812        

A LOWER OR EQUAL COST, of the price difference between the brand   9,813        

name drug and the generically equivalent drug, and of the          9,814        

person's right to refuse the drug selected.  Division (A)(3) of    9,815        

this section does not apply to any:                                9,817        

      (a)  Prescription that is billed to any agency, division,    9,819        

or department of this state which will reimburse the pharmacy;     9,820        

      (b)  Prescriptions for patients of a hospital, nursing       9,822        

home, or similar patient care facility.                            9,823        

      (B)  Unless the prescriber instructs otherwise, the label    9,825        

for every drug dispensed shall include the drug's brand name, if   9,826        

any, or its generic name and the name of the distributor, using    9,827        

abbreviations if necessary.  A pharmacist shall indicate on the    9,828        

container or its label the notation "generic substitution made"    9,830        

                                                          212    

                                                                 
when WHEN dispensing at retail a generically equivalent drug for   9,831        

the brand name drug prescribed, and shall verbally notify the      9,832        

recipient that a generic substitution has been made.  This         9,833        

requirement shall be THE PHARMACIST SHALL INDICATE ON THE DRUG'S   9,834        

LABEL OR CONTAINER THAT A GENERIC SUBSTITUTION WAS MADE.  THE      9,835        

LABELING REQUIREMENTS ESTABLISHED BY THIS DIVISION ARE in          9,836        

addition to all other labeling requirements of Chapter 3715. of    9,837        

the Revised Code.                                                               

      (C)  A pharmacist who selects a generically equivalent drug  9,839        

pursuant to this section assumes no greater liability for          9,840        

selecting the dispensed drug than would be incurred in filling a   9,841        

prescription for a drug prescribed by its brand name.              9,842        

      (D)  The failure of a prescriber to restrict a prescription  9,844        

by specifying "dispense as written," or "D.A.W.," pursuant to      9,846        

division (A)(1) of this section shall not constitute evidence of   9,847        

the prescriber's negligence unless the prescriber had reasonable   9,848        

cause to believe that the health condition of the patient for      9,849        

whom the drug was intended warranted the prescription of a         9,850        

specific brand name drug and no other.  No licensed prescriber     9,851        

shall be liable for civil damages or in any criminal prosecution   9,852        

arising from the interchange of a generically equivalent drug for  9,853        

a prescribed brand name drug by a pharmacist, unless the           9,854        

prescribed brand name drug would have reasonably caused the same   9,855        

loss, damage, injury, or death.                                    9,856        

      (E)  Each terminal distributor shall prepare a list of       9,858        

generic and brand name drug products which may be selected as the  9,859        

drug product of choice.  In compiling the list of generic and      9,860        

brand name drug products, the distributor shall rely on the drug   9,861        

product research, testing, information, and lists compiled by      9,862        

other pharmacies, states, the United States department of health   9,863        

and human services, and any other source which the distributor     9,864        

considers reliable.  The list shall be available for review in     9,865        

the pharmacy on request of the public, the state board of          9,866        

pharmacy, or any practitioner.  This list shall be revised         9,867        

                                                          213    

                                                                 
following each addition, deletion, or modification.  No drug       9,868        

interchange shall be made by a pharmacist unless the drug to be    9,869        

interchanged is on this list.                                      9,870        

      Sec. 4729.381.  No licensed pharmacist shall be liable for   9,879        

civil damages or in any criminal prosecution arising from the      9,880        

dispensing of a drug based upon a formulary established by a       9,881        

practitioner in a hospital, A health insuring corporation, or A    9,883        

long-term care facility, OR THE DEPARTMENT OF REHABILITATION AND   9,884        

CORRECTIONS and requiring the pharmacist to dispense the           9,886        

particular drug.                                                                

      Sec. 4729.39.  (A)  A PHARMACIST MAY ENTER INTO A CONSULT    9,889        

AGREEMENT WITH A PHYSICIAN AUTHORIZED UNDER CHAPTER 4731. OF THE   9,891        

REVISED CODE TO PRACTICE MEDICINE AND SURGERY OR OSTEOPATHIC       9,893        

MEDICINE AND SURGERY.  UNDER A CONSULT AGREEMENT, A PHARMACIST IS               

AUTHORIZED TO MANAGE AN INDIVIDUAL'S DRUG THERAPY, BUT ONLY TO     9,894        

THE EXTENT SPECIFIED IN THE AGREEMENT BY THE INDIVIDUAL'S          9,895        

PHYSICIAN AND TO THE EXTENT SPECIFIED IN THIS SECTION AND THE      9,896        

RULES ADOPTED UNDER THIS SECTION.                                               

      A SEPARATE CONSULT AGREEMENT MUST BE ENTERED INTO FOR EACH   9,898        

INDIVIDUAL WHOSE DRUG THERAPY IS TO BE MANAGED BY A PHARMACIST.    9,899        

A CONSULT AGREEMENT APPLIES ONLY TO THE PARTICULAR DIAGNOSIS FOR   9,900        

WHICH A PHYSICIAN PRESCRIBED AN INDIVIDUAL'S DRUG THERAPY.  IF A   9,901        

DIFFERENT DIAGNOSIS IS MADE FOR THE INDIVIDUAL, THE PHARMACIST     9,902        

AND PHYSICIAN MUST ENTER INTO A NEW OR ADDITIONAL CONSULT          9,903        

AGREEMENT.                                                                      

      MANAGEMENT OF AN INDIVIDUAL'S DRUG THERAPY BY A PHARMACIST   9,906        

UNDER A CONSULT AGREEMENT MAY INCLUDE MONITORING AND MODIFYING A   9,907        

PRESCRIPTION THAT HAS BEEN ISSUED FOR THE INDIVIDUAL.  EXCEPT AS   9,908        

PROVIDED IN SECTION 4729.38 OF THE REVISED CODE FOR THE SELECTION  9,910        

OF GENERICALLY EQUIVALENT DRUGS, MANAGEMENT OF AN INDIVIDUAL'S     9,911        

DRUG THERAPY BY A PHARMACIST UNDER A CONSULT AGREEMENT SHALL NOT   9,912        

INCLUDE DISPENSING A DRUG THAT HAS NOT BEEN PRESCRIBED BY THE      9,913        

PHYSICIAN.                                                         9,914        

      EACH CONSULT AGREEMENT SHALL BE IN WRITING, EXCEPT THAT A    9,917        

                                                          214    

                                                                 
CONSULT AGREEMENT MAY BE ENTERED INTO VERBALLY IF IT IS                         

IMMEDIATELY REDUCED TO WRITING.  A CONSULT AGREEMENT MAY NOT BE    9,918        

IMPLEMENTED UNTIL IT HAS BEEN SIGNED BY THE PHARMACIST, THE        9,919        

PHYSICIAN, AND THE INDIVIDUAL WHOSE DRUG THERAPY WILL BE MANAGED   9,920        

OR ANOTHER PERSON WHO HAS THE AUTHORITY TO PROVIDE CONSENT TO      9,921        

TREATMENT ON BEHALF OF THE INDIVIDUAL.  THE PHYSICIAN SHALL        9,922        

SPECIFY IN THE AGREEMENT THE EXTENT TO WHICH THE PHARMACIST IS     9,923        

AUTHORIZED TO MANAGE THE DRUG THERAPY OF THE INDIVIDUAL SPECIFIED  9,925        

IN THE AGREEMENT.  THE PHYSICIAN SHALL INCLUDE IN THE                           

INDIVIDUAL'S MEDICAL RECORD THE FACT THAT A CONSULT AGREEMENT HAS  9,927        

BEEN ENTERED INTO WITH A PHARMACIST.                               9,928        

      PRIOR TO COMMENCING ANY ACTION TO MANAGE AN INDIVIDUAL'S     9,931        

DRUG THERAPY UNDER A CONSULT AGREEMENT, THE PHARMACIST SHALL MAKE  9,932        

REASONABLE ATTEMPTS TO CONTACT AND CONFER WITH THE PHYSICIAN WHO   9,933        

ENTERED INTO THE CONSULT AGREEMENT WITH THE PHARMACIST.  A         9,934        

PHARMACIST MAY COMMENCE AN ACTION TO MANAGE AN INDIVIDUAL'S DRUG   9,935        

THERAPY PRIOR TO CONFERRING WITH THE PHYSICIAN, BUT SHALL          9,936        

IMMEDIATELY CEASE THE ACTION THAT WAS COMMENCED IF THE PHARMACIST  9,937        

HAS NOT CONFERRED WITH THE PHYSICIAN WITHIN FORTY-EIGHT HOURS.     9,938        

      A PHARMACIST ACTING UNDER A CONSULT AGREEMENT SHALL          9,940        

MAINTAIN A RECORD OF EACH ACTION TAKEN TO MANAGE AN INDIVIDUAL'S   9,941        

DRUG THERAPY.  THE PHARMACIST SHALL SEND TO THE INDIVIDUAL'S       9,943        

PHYSICIAN A WRITTEN REPORT OF ALL ACTIONS TAKEN TO MANAGE THE      9,944        

INDIVIDUAL'S DRUG THERAPY AT INTERVALS THE PHYSICIAN SHALL                      

SPECIFY WHEN ENTERING INTO THE AGREEMENT.  THE PHYSICIAN SHALL     9,945        

INCLUDE THE PHARMACIST'S REPORT IN THE MEDICAL RECORDS THE         9,947        

PHYSICIAN MAINTAINS FOR THE INDIVIDUAL.                            9,948        

      A CONSULT AGREEMENT MAY BE TERMINATED BY EITHER THE          9,950        

PHARMACIST OR PHYSICIAN WHO ENTERED INTO THE AGREEMENT.  BY        9,952        

WITHDRAWING CONSENT, THE INDIVIDUAL WHOSE DRUG THERAPY IS BEING    9,953        

MANAGED OR THE INDIVIDUAL WHO CONSENTED TO THE TREATMENT ON        9,954        

BEHALF OF THE INDIVIDUAL MAY TERMINATE A CONSULT AGREEMENT.  THE   9,955        

PHARMACIST OR PHYSICIAN WHO RECEIVES THE INDIVIDUAL'S WITHDRAWAL   9,956        

OF CONSENT SHALL PROVIDE WRITTEN NOTICE TO THE OPPOSITE PARTY.  A               

                                                          215    

                                                                 
PHARMACIST OR PHYSICIAN WHO TERMINATES A CONSULT AGREEMENT SHALL   9,957        

PROVIDE WRITTEN NOTICE TO THE OPPOSITE PARTY AND TO THE            9,958        

INDIVIDUAL WHO CONSENTED TO TREATMENT UNDER THE AGREEMENT.  THE    9,959        

TERMINATION OF A CONSULT AGREEMENT SHALL BE RECORDED BY THE        9,961        

PHARMACIST AND PHYSICIAN IN THE RECORDS THEY MAINTAIN ON THE                    

INDIVIDUAL BEING TREATED.                                          9,962        

      THE AUTHORITY OF A PHARMACIST TO MANAGE AN INDIVIDUAL'S      9,964        

DRUG THERAPY UNDER A CONSULT AGREEMENT DOES NOT PERMIT THE         9,965        

PHARMACIST TO MANAGE DRUG THERAPY PRESCRIBED BY ANY OTHER          9,966        

PHYSICIAN OR TO MANAGE AN INDIVIDUAL'S DRUG THERAPY IN A HOSPITAL  9,968        

OR HEALTH CARE FACILITY AT WHICH THE PHARMACIST IS NOT AUTHORIZED  9,969        

TO PRACTICE.                                                                    

      (B)  THE STATE BOARD OF PHARMACY, IN CONSULTATION WITH THE   9,972        

STATE MEDICAL BOARD, SHALL ADOPT RULES TO BE FOLLOWED BY           9,973        

PHARMACISTS, AND THE STATE MEDICAL BOARD, IN CONSULTATION WITH     9,974        

THE STATE BOARD OF PHARMACY, SHALL ADOPT RULES TO BE FOLLOWED BY                

PHYSICIANS, THAT ESTABLISH STANDARDS AND PROCEDURES FOR ENTERING   9,976        

INTO A CONSULT AGREEMENT AND MANAGING AN INDIVIDUAL'S DRUG         9,977        

THERAPY UNDER A CONSULT AGREEMENT.  THE BOARDS SHALL SPECIFY IN    9,978        

THE RULES ANY CATEGORIES OF DRUGS OR TYPES OF DISEASES FOR WHICH   9,979        

A CONSULT AGREEMENT MAY NOT BE ESTABLISHED.  EITHER BOARD MAY      9,980        

ADOPT ANY OTHER RULES IT CONSIDERS NECESSARY FOR THE               9,981        

IMPLEMENTATION AND ADMINISTRATION OF THIS SECTION.  ALL RULES      9,982        

ADOPTED UNDER THIS DIVISION SHALL BE ADOPTED IN ACCORDANCE WITH    9,984        

CHAPTER 119. OF THE REVISED CODE.                                  9,986        

      Sec. 4729.51.  (A)  No person other than a registered        9,995        

wholesale distributor of dangerous drugs shall possess for sale,   9,996        

sell, distribute, or deliver, at wholesale, dangerous drugs,       9,997        

except as follows:                                                 9,998        

      (1)  A pharmacist who is a licensed terminal distributor of  10,000       

dangerous drugs or who is employed by a licensed terminal          10,001       

distributor of dangerous drugs may make occasional sales of        10,002       

dangerous drugs at wholesale;                                      10,003       

      (2)  A licensed terminal distributor of dangerous drugs      10,005       

                                                          216    

                                                                 
having more than one establishment or place may transfer or        10,006       

deliver dangerous drugs from one establishment or place for which  10,007       

a license has been issued to the terminal distributor to another   10,008       

establishment or place for which a license has been issued to the  10,009       

terminal distributor if the license issued for each establishment  10,011       

or place is in effect at the time of the transfer or delivery.     10,012       

      (B)(1)  No registered wholesale distributor of dangerous     10,014       

drugs shall possess for sale, or sell, at wholesale, dangerous     10,015       

drugs to any person other than the following:                      10,016       

      (a)  A practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED  10,018       

TO PRESCRIBE DRUGS;                                                10,019       

      (b)  A registered wholesale distributor of dangerous drugs;  10,021       

      (c)  A manufacturer of dangerous drugs;                      10,023       

      (d)  A licensed terminal distributor of dangerous drugs,     10,025       

subject to division (B)(2) of this section;                        10,026       

      (e)  Carriers or warehousers for the purpose of carriage or  10,030       

storage;                                                                        

      (f)  Terminal or wholesale distributors of dangerous drugs   10,032       

who are not engaged in the sale of dangerous drugs within this     10,033       

state;                                                             10,034       

      (g)  An optometrist licensed under Chapter 4725. of the      10,036       

Revised Code who is certified to administer topical ocular         10,037       

pharmaceutical agents under that chapter for the purposes          10,038       

authorized by that chapter;                                        10,039       

      (h)  An individual who holds a current license,              10,041       

certificate, or registration issued under Title 47 of the Revised  10,042       

Code and has been certified to conduct diabetes education by a     10,043       

national certifying body specified in rules adopted by the state   10,044       

board of pharmacy under section 4729.68 of the Revised Code, but   10,045       

only with respect to insulin that will be used for the purpose of  10,047       

diabetes education and only if diabetes education is within the    10,048       

individual's scope of practice under statutes and rules            10,049       

regulating the individual's profession.                            10,050       

      (2)  No registered wholesale distributor of dangerous drugs  10,052       

                                                          217    

                                                                 
shall possess dangerous drugs for sale at wholesale, or sell such  10,053       

drugs at wholesale, to a licensed terminal distributor of          10,054       

dangerous drugs, except to:                                        10,055       

      (a)  A terminal distributor who has a category I license,    10,057       

only dangerous drugs described in category I, as defined in        10,058       

division (A)(1) of section 4729.54 of the Revised Code;            10,059       

      (b)  A terminal distributor who has a category II license,   10,061       

only dangerous drugs described in category I and category II, as   10,062       

defined in divisions (A)(1) and (2) of section 4729.54 of the      10,063       

Revised Code;                                                      10,064       

      (c)  A terminal distributor who has a category III license,  10,066       

dangerous drugs described in category I, category II, and          10,067       

category III, as defined in divisions (A)(1), (2), and (3) of      10,068       

section 4729.54 of the Revised Code;                               10,069       

      (d)  A terminal distributor who has a limited category I,    10,071       

II, or III license, only the dangerous drugs specified in the      10,072       

certificate furnished by the terminal distributor in accordance    10,073       

with section 4729.60 of the Revised Code.                          10,074       

      (C)(1)  Except as provided in division (C)(4) of this        10,076       

section, no person shall sell, at retail, dangerous drugs.         10,077       

      (2)  Except as provided in division (C)(4) of this section,  10,079       

no person shall possess for sale, at retail, dangerous drugs.      10,080       

      (3)  Except as provided in division (C)(4) of this section,  10,082       

no person shall possess dangerous drugs.                           10,083       

      (4)  Divisions (C)(1), (2), and (3) of this section do not   10,085       

apply to a registered wholesale distributor of dangerous drugs, a  10,086       

licensed terminal distributor of dangerous drugs, a practitioner,  10,088       

or a person who possesses, or possesses for sale or sells, at      10,089       

retail, a dangerous drug in accordance with Chapters 3719.,        10,090       

4715., 4725., 4729., 4731., and 4741. or section 4723.56 of the    10,091       

Revised Code.                                                                   

      Divisions (C)(1), (2), and (3) of this section do not apply  10,094       

to an individual who holds a current license, certificate, or      10,095       

registration issued under Title 47 of the Revised Code and has     10,098       

                                                          218    

                                                                 
been certified to conduct diabetes education by a national         10,099       

certifying body specified in rules adopted by the state board of   10,100       

pharmacy under section 4729.68 of the Revised Code, but only to    10,102       

the extent that the individual possesses insulin or personally     10,103       

supplies insulin solely for the purpose of diabetes education and  10,104       

only if diabetes education is within the individual's scope of     10,105       

practice under statutes and rules regulating the individual's      10,106       

profession.                                                        10,107       

      (D)  No licensed terminal distributor of dangerous drugs     10,109       

shall purchase for the purpose of resale dangerous drugs from any  10,111       

person other than a registered wholesale distributor of dangerous  10,113       

drugs, except as follows:                                          10,114       

      (1)  A licensed terminal distributor of dangerous drugs may  10,116       

make occasional purchases of dangerous drugs for resale from a     10,117       

pharmacist who is a licensed terminal distributor of dangerous     10,118       

drugs or who is employed by a licensed terminal distributor of     10,119       

dangerous drugs;                                                   10,120       

      (2)  A licensed terminal distributor of dangerous drugs      10,122       

having more than one establishment or place may transfer or        10,123       

receive dangerous drugs from one establishment or place for which  10,124       

a license has been issued to the terminal distributor to another   10,125       

establishment or place for which a license has been issued to the  10,126       

terminal distributor if the license issued for each establishment  10,127       

or place is in effect at the time of the transfer or receipt.      10,128       

      (E)  No licensed terminal distributor of dangerous drugs     10,130       

shall engage in the sale or other distribution of dangerous drugs  10,131       

at retail or maintain possession, custody, or control of           10,132       

dangerous drugs for any purpose other than the distributor's       10,133       

personal use or consumption, at any establishment or place other   10,135       

than that or those described in the license issued by the board    10,136       

of pharmacy to such terminal distributor.                          10,137       

      (F)  Nothing in this section shall do either of the          10,139       

following:                                                         10,140       

      (1)  Require a person engaged solely in the sale or other    10,142       

                                                          219    

                                                                 
distribution, at wholesale, of drugs and supplies for veterinary   10,143       

use only, to be registered under sections 4729.50 to 4729.66 of    10,144       

the Revised Code;                                                  10,145       

      (2)  Prohibit the purchase or sale, at wholesale, of drugs   10,147       

and supplies for veterinary use only by a person engaged solely    10,148       

in the distribution of drugs and supplies for veterinary use       10,149       

only.                                                              10,150       

      (G)  Nothing in this section shall be construed to           10,152       

interfere with the performance of official duties by any law       10,153       

enforcement official authorized by municipal, county, state, or    10,155       

federal law to collect samples of any drug, regardless of its      10,156       

nature or in whose possession it may be.                           10,157       

      Sec. 4729.52.  (A)  A person desiring to be registered as a  10,166       

wholesale distributor of dangerous drugs shall file with the       10,167       

executive director of the STATE board of pharmacy a verified       10,168       

application containing such information as the board requires of   10,169       

the applicant relative to the qualifications for TO BE REGISTERED  10,170       

AS a wholesale distributor of dangerous drugs set forth in         10,172       

section 4729.53 of the Revised Code and the rules adopted          10,173       

pursuant thereto UNDER THAT SECTION.  The board shall register as  10,175       

a wholesale distributor of dangerous drugs each person who has     10,176       

submitted an application therefor and APPLICANT WHO has paid the   10,178       

required registration fee, if the board determines that the        10,179       

applicant meets the qualifications for TO BE REGISTERED AS a       10,180       

wholesale distributor of dangerous drugs set forth in section      10,181       

4729.53 of the Revised Code and the rules adopted pursuant         10,182       

thereto UNDER THAT SECTION.                                        10,183       

      (B)  The board may register and issue to a nonresident       10,185       

person WHO DOES NOT RESIDE IN THIS STATE a registration            10,186       

certificate as a wholesale distributor of dangerous drugs if the   10,188       

person possesses a current and valid wholesale distributor of      10,189       

dangerous drugs registration certificate or license issued by      10,190       

another state that has qualifications for licensure or             10,191       

registration comparable to the registration requirements in this   10,192       

                                                          220    

                                                                 
state and pays the required registration fee.                      10,193       

      (C)  All registration certificates issued pursuant to this   10,195       

section are effective for a period of twelve months from the       10,196       

first day of July of each year.  A registration certificate shall  10,197       

be renewed annually by the board for a like period, pursuant to    10,198       

this section and the standard renewal procedure of Chapter 4745.   10,199       

of the Revised Code.  A person desiring to renew a registration    10,200       

certificate shall submit an application for renewal and pay the    10,201       

required renewal fee before the first day of July each year.       10,202       

      (D)  Each registration certificate and its application       10,204       

shall describe not more than one establishment or place where the  10,205       

registrant or applicant may engage in the sale of dangerous drugs  10,206       

at wholesale.  No registration certificate shall authorize or      10,207       

permit the wholesale distributor of dangerous drugs named therein  10,208       

to engage in the sale of drugs at wholesale or to maintain         10,209       

possession, custody, or control of dangerous drugs for any         10,210       

purpose other than for the registrant's own use and consumption    10,211       

at any establishment or place other than that described in the     10,212       

certificate.                                                       10,213       

      (E)(1)  The registration fee is one hundred fifty dollars    10,215       

and shall accompany each application for registration.  The        10,216       

registration renewal fee is one hundred fifty dollars and shall    10,217       

accompany each renewal application.                                10,219       

      (2)  A registration certificate that has not been renewed    10,221       

in any year by the first day of August may be reinstated upon      10,222       

payment of the renewal fee and a penalty fee of fifty-five         10,224       

dollars.                                                                        

      (2)  Renewal fees AND PENALTIES assessed under divisions     10,227       

DIVISION (E)(1) and (2) of this section shall not be returned if   10,228       

the applicant fails to qualify for renewal.                        10,229       

      (F)  The registration of any person as a wholesale           10,231       

distributor of dangerous drugs subjects the person and the         10,232       

person's agents and employees to the jurisdiction of the board     10,234       

and to the laws of this state for the purpose of the enforcement   10,235       

                                                          221    

                                                                 
of this chapter and the rules of the board.  However, the filing   10,236       

of an application for registration as a wholesale distributor of   10,237       

dangerous drugs by, or on behalf of, any person or the             10,238       

registration of any person as a wholesale distributor of           10,239       

dangerous drugs shall not, of itself, constitute evidence that     10,240       

the person is doing business within this state.                    10,241       

      Sec. 4729.54.  (A)  As used in this section:                 10,250       

      (1)  "Category I" means single-dose injections of            10,252       

intravenous fluids, including saline, Ringer's lactate, five per   10,253       

cent dextrose and distilled water, and other intravenous fluids    10,254       

or parenteral solutions included in this category by rule of the   10,255       

board of pharmacy, that have a volume of one hundred milliliters   10,256       

or more and that contain no added substances, or single-dose       10,257       

injections of epinephrine to be administered pursuant to sections  10,258       

4765.38 and 4765.39 of the Revised Code.                           10,259       

      (2)  "Category II" means any dangerous drug that is not      10,261       

included in category I or III.                                     10,262       

      (3)  "Category III" means any controlled substance that is   10,264       

contained in schedule I, II, III, IV, or V.                        10,265       

      (4)  "Emergency medical service organization" has the same   10,267       

meaning as in section 4765.01 of the Revised Code.                 10,268       

      (5)  "Person" includes an emergency medical service          10,270       

organization.                                                      10,271       

      (6)  "Schedule I, schedule II, schedule III, schedule IV,    10,273       

and schedule V" mean controlled substance schedules I, II, III,    10,274       

IV, and V, respectively, as established pursuant to section        10,275       

3719.41 of the Revised Code and as amended.                        10,276       

      (B)  A person who desires to be licensed as a terminal       10,278       

distributor of dangerous drugs shall file with the executive       10,279       

director of the board of pharmacy a verified application that      10,280       

contains the following:                                            10,281       

      (1)  Information that the board requires relative to the     10,283       

qualifications of a terminal distributor of dangerous drugs set    10,284       

forth in section 4729.55 of the Revised Code;                      10,285       

                                                          222    

                                                                 
      (2)  A statement that the person wishes to be licensed as a  10,287       

category I, category II, category III, limited category I,         10,288       

limited category II, or limited category III terminal distributor  10,289       

of dangerous drugs;                                                10,290       

      (3)  If the person wishes to be licensed as a limited        10,292       

category I, limited category II, or limited category III terminal  10,293       

distributor of dangerous drugs, a notarized list of the dangerous  10,294       

drugs that the person wishes to possess, have custody or control   10,295       

of, and distribute, which list shall also specify the purpose for  10,296       

which those drugs will be used and their source;                   10,297       

      (4)  If the person is an emergency medical service           10,299       

organization, the information that is specified in division        10,300       

(C)(1) of this section;                                            10,301       

      (5)  Except for an emergency medical service organization,   10,303       

the identity of the one establishment or place at which the        10,304       

person intends to engage in the sale or other distribution of      10,305       

dangerous drugs at retail, and maintain possession, custody, or    10,306       

control of dangerous drugs for purposes other than the person's    10,307       

own use or consumption.                                            10,308       

      (C)(1)  An emergency medical service organization that       10,310       

wishes to be licensed as a terminal distributor of dangerous       10,311       

drugs shall list in its application for licensure the following    10,312       

additional information:                                            10,313       

      (a)  The units under its control that the organization       10,315       

determines will possess dangerous drugs for the purpose of         10,316       

administering emergency medical services in accordance with        10,317       

Chapter 4765. of the Revised Code;                                 10,318       

      (b)  With respect to each such unit, whether the dangerous   10,320       

drugs that the organization determines the unit will possess are   10,321       

in category I, II, or III.                                         10,322       

      (2)  An emergency medical service organization that is       10,324       

licensed as a terminal distributor of dangerous drugs shall file   10,325       

a new application for such licensure if there is any change in     10,326       

the number, or location of, any of its units or any change in the  10,327       

                                                          223    

                                                                 
category of the dangerous drugs that any unit will possess.        10,328       

      (3)  A unit listed in an application for licensure pursuant  10,330       

to division (C)(1) of this section may obtain the dangerous drugs  10,331       

it is authorized to possess from its emergency medical service     10,332       

organization or, on a replacement basis, from a hospital           10,333       

pharmacy.  If units will obtain dangerous drugs from a hospital    10,334       

pharmacy, the organization shall file, and maintain in current     10,335       

form, the following items with the pharmacist who is responsible   10,336       

for the hospital's terminal distributor of dangerous drugs         10,337       

license:                                                           10,338       

      (a)  A copy of its standing orders or protocol;              10,340       

      (b)  A list of the personnel employed or used by the         10,342       

organization to provide emergency medical services in accordance   10,343       

with Chapter 4765. of the Revised Code, who are authorized to      10,344       

possess the drugs, which list also shall indicate the personnel    10,345       

who are authorized to administer the drugs.                        10,346       

      (D)  Each emergency medical service organization that        10,348       

applies for a terminal distributor of dangerous drugs license      10,349       

shall submit with its application the following:                   10,350       

      (1)  A notarized copy of its standing orders or protocol,    10,352       

which orders or protocol shall be signed by a physician and        10,353       

specify the dangerous drugs that its units may carry, expressed    10,354       

in standard dose units;                                            10,355       

      (2)  A list of the personnel employed or used by the         10,357       

organization to provide emergency medical services in accordance   10,358       

with Chapter 4765. of the Revised Code.                            10,359       

      An emergency medical service organization that is licensed   10,361       

as a terminal distributor shall notify the board immediately of    10,362       

any changes in its standing orders or protocol.                    10,363       

      (E)  There shall be six categories of terminal distributor   10,365       

of dangerous drugs licenses, which categories shall be as          10,366       

follows:                                                           10,367       

      (1)  Category I license.  A person who obtains this license  10,369       

may possess, have custody or control of, and distribute only the   10,370       

                                                          224    

                                                                 
dangerous drugs described in category I.                           10,371       

      (2)  Limited category I license.  A person who obtains this  10,373       

license may possess, have custody or control of, and distribute    10,374       

only the dangerous drugs described in category I that were listed  10,375       

in the application for licensure.                                  10,376       

      (3)  Category II license.  A person who obtains this         10,378       

license may possess, have custody or control of, and distribute    10,379       

only the dangerous drugs described in category I and category II.  10,380       

      (4)  Limited category II license.  A person who obtains      10,382       

this license may possess, have custody or control of, and          10,383       

distribute only the dangerous drugs described in category I or     10,384       

category II that were listed in the application for licensure.     10,385       

      (5)  Category III license.  A person who obtains this        10,387       

license may possess, have custody or control of, and distribute    10,388       

the dangerous drugs described in category I, category II, and      10,389       

category III.                                                      10,390       

      (6)  Limited category III license.  A person who obtains     10,392       

this license may possess, have custody or control of, and          10,393       

distribute only the dangerous drugs described in category I,       10,394       

category II, or category III that were listed in the application   10,395       

for licensure.                                                     10,396       

      (F)  Except for an application made on behalf of an animal   10,398       

shelter, if an applicant for licensure as a limited category I,    10,399       

II, or III terminal distributor of dangerous drugs intends to      10,400       

administer dangerous drugs to a person or animal, the applicant    10,401       

shall submit, with the application, a notarized copy of its        10,402       

protocol or standing orders, which protocol or orders shall be     10,403       

signed by a practitioner LICENSED HEALTH PROFESSIONAL AUTHORIZED   10,404       

TO PRESCRIBE DRUGS, specify the dangerous drugs to be              10,405       

administered, and list personnel who are authorized to administer  10,406       

the dangerous drugs in accordance with federal law or the law of   10,407       

this state.  An application made on behalf of an animal shelter    10,408       

shall include a notarized list of the dangerous drugs to be        10,409       

administered to animals and the personnel who are authorized to    10,410       

                                                          225    

                                                                 
administer the drugs to animals in accordance with section         10,411       

4729.532 of the Revised Code.  After obtaining a terminal                       

distributor license, a licensee shall notify the board             10,413       

immediately of any changes in its protocol or standing orders, or  10,414       

in such personnel.                                                              

      (G)  Each (1)  EXCEPT AS PROVIDED IN DIVISION (G)(2) OF      10,417       

THIS SECITON, EACH applicant for licensure as a terminal           10,418       

distributor of dangerous drugs shall submit, with the              10,419       

application, a license fee determined as follows:                  10,420       

      (1)(a)  For a category I or limited category I license,      10,422       

forty-five dollars;                                                10,423       

      (2)(b)  For a category II or limited category II license,    10,425       

one hundred twelve dollars and fifty cents;                        10,426       

      (3)(c)  For a category III or limited category III license,  10,428       

one hundred fifty dollars.                                         10,429       

      (2)  FOR A PROFESSIONAL ASSOCIATION, CORPORATION,            10,431       

PARTNERSHIP, OR LIMITED LIABILITY COMPANY ORGANIZED FOR THE        10,432       

PURPOSE OF PRACTICING VETERINARY MEDICINE, THE FEE SHALL BE FIVE   10,433       

DOLLARS.                                                                        

      Fees assessed under divisions (G)(1) to (3) AND (2) of this  10,436       

section shall not be returned if the applicant fails to qualify    10,437       

for registration.                                                               

      (H)(1)  The board shall issue a terminal distributor of      10,439       

dangerous drugs license to each person who submits an application  10,440       

for such licensure in accordance with this section, pays the       10,441       

required license fee, is determined by the board to meet the       10,442       

requirements set forth in section 4729.55 of the Revised Code,     10,443       

and satisfies any other applicable requirements of this section.   10,444       

      (2)  The license of a person other than an emergency         10,446       

medical service organization shall describe the one establishment  10,447       

or place at which the licensee may engage in the sale or other     10,448       

distribution of dangerous drugs at retail and maintain             10,449       

possession, custody, or control of dangerous drugs for purposes    10,450       

other than the licensee's own use or consumption.  The one         10,451       

                                                          226    

                                                                 
establishment or place shall be that which is described in the     10,453       

application for licensure.                                         10,454       

      No such license shall authorize or permit the terminal       10,456       

distributor of dangerous drugs named in it to engage in the sale   10,457       

or other distribution of dangerous drugs at retail or to maintain  10,458       

possession, custody, or control of dangerous drugs for any         10,459       

purpose other than the distributor's own use or consumption, at    10,461       

any establishment or place other than that described in the        10,462       

license, except that an agent or employee of an animal shelter     10,463       

may possess and use dangerous drugs in the course of business as   10,464       

provided in division (D) of section 4729.532 of the Revised Code.  10,465       

      (3)  The license of an emergency medical service             10,467       

organization shall cover and describe all the units of the         10,470       

organization listed in its application for licensure.                           

      (4)  The license of every terminal distributor of dangerous  10,472       

drugs shall indicate, on its face, the category of licensure.  If  10,473       

the license is a limited category I, II, or III license, it shall  10,474       

specify, and shall authorize the licensee to possess, have         10,475       

custody or control of, and distribute only, the dangerous drugs    10,476       

that were listed in the application for licensure.                 10,477       

      (I)  All licenses issued pursuant to this section shall be   10,479       

effective for a period of twelve months from the first day of      10,480       

January of each year.  A license shall be renewed by the board     10,481       

for a like period, annually, according to the provisions of this   10,482       

section, and the standard renewal procedure of Chapter 4745. of    10,483       

the Revised Code.  A person who desires to renew a license shall   10,484       

submit an application for renewal and pay the required fee on or   10,485       

before the thirty-first day of December each year.  The fee        10,487       

required for the renewal of a license shall be the same as the     10,488       

fee paid for the license being renewed, and shall accompany the    10,489       

application for renewal.                                           10,490       

      A license that has not been renewed during December in any   10,492       

year and by the first day of February of the following year may    10,493       

be reinstated only upon payment of the required renewal fee and a  10,494       

                                                          227    

                                                                 
penalty fee of fifty-five dollars.                                 10,495       

      (J)(1)  No emergency medical service organization that is    10,497       

licensed as a terminal distributor of dangerous drugs shall fail   10,498       

to comply with division (C)(2) or (3) of this section.             10,499       

      (2)  No emergency medical service organization that is       10,501       

licensed as a terminal distributor of dangerous drugs shall fail   10,502       

to comply with division (D) of this section.                       10,503       

      (3)  No licensed terminal distributor of dangerous drugs     10,505       

shall possess, have custody or control of, or distribute           10,506       

dangerous drugs that the terminal distributor is not entitled to   10,507       

possess, have custody or control of, or distribute by virtue of    10,508       

its category of licensure.                                         10,509       

      (4)  No licensee that is required by division (F) of this    10,511       

section to notify the board of changes in its protocol or          10,512       

standing orders, or in personnel, shall fail to comply with that   10,513       

division.                                                          10,514       

      Sec. 4729.55.  (A)  As used in this section:                 10,523       

      (1)  "Dentist" means a person licensed under Chapter 4715.   10,525       

of the Revised Code to practice dentistry.                         10,526       

      (2)  "Optometrist" means a person who is licensed to         10,528       

practice optometry and holds a valid therapeutic pharmaceutical    10,529       

agents certificate issued under Chapter 4725. of the Revised       10,530       

Code.                                                              10,531       

      (3)  "Physician" means a person holding a valid certificate  10,533       

issued under Chapter 4731. of the Revised Code authorizing the     10,534       

person to practice medicine and surgery, osteopathic medicine and  10,536       

surgery, or podiatry.                                              10,537       

      (4)  "Veterinarian" means a person licensed under Chapter    10,539       

4741. of the Revised Code to practice veterinary medicine.         10,540       

      (5)  "Advanced practice nurse" means an individual approved  10,542       

under section 4723.56 of the Revised Code to prescribe drugs and   10,543       

therapeutic devices.                                               10,544       

      (B)  No license shall be issued to an applicant for          10,546       

licensure as a terminal distributor of dangerous drugs unless the  10,547       

                                                          228    

                                                                 
applicant has furnished satisfactory proof to the board of         10,548       

pharmacy that:                                                     10,549       

      (1)(A)  The applicant is equipped as to land, buildings,     10,551       

and equipment to properly carry on the business of a terminal      10,552       

distributor of dangerous drugs within the category of licensure    10,553       

approved by the board.                                             10,554       

      (2)(B)  A pharmacist, dentist, optometrist, physician,       10,556       

veterinarian, advanced practice nurse LICENSED HEALTH              10,557       

PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, animal shelter         10,558       

licensed with the state board of pharmacy under section 4729.531   10,560       

of the Revised Code, or a laboratory as defined in division (N)    10,561       

of section 3719.01 of the Revised Code shall WILL maintain         10,562       

supervision and control over the possession and custody of         10,564       

dangerous drugs that may be acquired by or on behalf of the        10,565       

applicant.                                                                      

      (3)(C)  Adequate safeguards are assured to prevent the sale  10,567       

or other distribution of dangerous drugs by any person other than  10,568       

a pharmacist, dentist, optometrist, physician, veterinarian, or    10,570       

advanced practice nurse LICENSED HEALTH PROFESSIONAL AUTHORIZED                 

TO PRESCRIBE DRUGS.                                                10,571       

      (4)(D)  If the applicant, or any agent or employee of the    10,573       

applicant, has been found guilty of violating section 4729.51 of   10,574       

the Revised Code, the "Federal Food, Drug, and Cosmetic Act," 52   10,575       

Stat. 1040 (1938), 21 U.S.C.A. 301, the federal narcotic law,      10,576       

sections 3715.01 to 3715.72 DRUG ABUSE CONTROL LAWS, Chapter       10,577       

2925., 3715., 3719., or 4729. of the Revised Code, or any rule of  10,579       

the board, adequate safeguards are assured to prevent the          10,580       

recurrence of the violation.                                                    

      (5)(E)  In the case of an applicant who is a food processor  10,582       

or retail seller of food, the applicant shall WILL maintain        10,583       

supervision and control over the possession and custody of         10,585       

nitrous oxide.                                                                  

      (6)(F)  In the case of an applicant who is a retail seller   10,587       

of oxygen in original packages labeled as required by the          10,588       

                                                          229    

                                                                 
"Federal Food, Drug, and Cosmetic Act," the applicant shall WILL   10,589       

maintain supervision and control over the possession, custody,     10,590       

and retail sale of the oxygen.                                     10,591       

      (7)(G)  If the application is made on behalf of an animal    10,593       

shelter, that at least one of the agents or employees of the       10,594       

animal shelter is certified in compliance with section 4729.532    10,595       

of the Revised Code.                                               10,596       

      (8)(H)  In the case of an applicant who is a retail seller   10,598       

of peritoneal dialysis solutions in original packages labeled as   10,599       

required by the "Federal Food, Drug, and Cosmetic Act," 52 Stat.   10,601       

1040 (1938), 21 U.S.C.A. 301, the applicant shall WILL maintain    10,602       

supervision and control over the possession, custody, and retail   10,604       

sale of the peritoneal dialysis solutions.                                      

      Sec. 4729.57.  (A)  The STATE board of pharmacy may          10,613       

suspend, revoke, or refuse to renew any license issued to a        10,614       

terminal distributor of dangerous drugs pursuant to section        10,615       

4729.54 of the Revised Code, or may impose a monetary penalty or   10,616       

forfeiture not to exceed in severity any fine designated under     10,617       

the Revised Code for a similar offense or one thousand dollars if  10,618       

the acts committed have not been classified as an offense by the   10,619       

Revised Code, for any of the following causes:                     10,620       

      (1)  Making any false material statements in an application  10,622       

for a license as a terminal distributor of dangerous drugs;        10,623       

      (2)  Violating any rule of the board;                        10,625       

      (3)  Violating any provision of this chapter;                10,627       

      (4)  Violating any provision of the "Federal Food, Drug,     10,629       

and Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, or       10,630       

Chapter 3715. of the Revised Code;                                 10,631       

      (5)  Violating any provision of the federal narcotic law     10,633       

DRUG ABUSE CONTROL LAWS or Chapter 2925. or 3719. of the Revised   10,634       

Code;                                                                           

      (6)  Falsely or fraudulently promoting to the public a       10,636       

dangerous drug, except that nothing in this division prohibits a   10,637       

terminal distributor of dangerous drugs from furnishing            10,638       

                                                          230    

                                                                 
information concerning a dangerous drug to a practitioner HEALTH   10,640       

CARE PROVIDER or another licensed terminal distributor;                         

      (7)  Ceasing to satisfy the qualifications of a terminal     10,642       

distributor of dangerous drugs set forth in section 4729.55 of     10,643       

the Revised Code;                                                  10,644       

      (8)  EXCEPT AS PROVIDED IN DIVISION (B) OF THIS SECTION:     10,647       

      (a)  WAIVING THE PAYMENT OF ALL OR ANY PART OF A DEDUCTIBLE  10,650       

OR COPAYMENT THAT AN INDIVIDUAL, PURSUANT TO A HEALTH INSURANCE    10,651       

OR HEALTH CARE POLICY, CONTRACT, OR PLAN THAT COVERS THE SERVICES  10,652       

PROVIDED BY A TERMINAL DISTRIBUTOR OF DANGEROUS DRUGS, WOULD       10,653       

OTHERWISE BE REQUIRED TO PAY FOR THE SERVICES IF THE WAIVER IS     10,654       

USED AS AN ENTICEMENT TO A PATIENT OR GROUP OF PATIENTS TO         10,655       

RECEIVE PHARMACY SERVICES FROM THAT TERMINAL DISTRIBUTOR;          10,656       

      (b)  ADVERTISING THAT THE TERMINAL DISTRIBUTOR WILL WAIVE    10,659       

THE PAYMENT OF ALL OR ANY PART OF A DEDUCTIBLE OR COPAYMENT THAT   10,660       

AN INDIVIDUAL, PURSUANT TO A HEALTH INSURANCE OR HEALTH CARE       10,661       

POLICY, CONTRACT, OR PLAN THAT COVERS THE PHARMACEUTICAL                        

SERVICES, WOULD OTHERWISE BE REQUIRED TO PAY FOR THE SERVICES.     10,663       

      (B)  SANCTIONS SHALL NOT BE IMPOSED UNDER DIVISION (A)(8)    10,666       

OF THIS SECTION AGAINST ANY TERMINAL DISTRIBUTOR OF DANGEROUS      10,667       

DRUGS THAT WAIVES DEDUCTIBLES AND COPAYMENTS AS FOLLOWS:           10,668       

      (1)  IN COMPLIANCE WITH A HEALTH BENEFIT PLAN THAT           10,670       

EXPRESSLY ALLOWS SUCH A PRACTICE.  WAIVER OF THE DEDUCTIBLES OR    10,671       

COPAYMENTS SHALL BE MADE ONLY WITH THE FULL KNOWLEDGE AND CONSENT  10,673       

OF THE PLAN PURCHASER, PAYER, AND THIRD-PARTY ADMINISTRATOR.       10,674       

DOCUMENTATION OF THE CONSENT SHALL BE MADE AVAILABLE TO THE BOARD  10,675       

ON REQUEST.                                                                     

      (2)  FOR PROFESSIONAL SERVICES RENDERED TO ANY OTHER PERSON  10,678       

LICENSED PURSUANT TO THIS CHAPTER TO THE EXTENT ALLOWED BY THIS    10,679       

CHAPTER AND THE RULES OF THE BOARD.                                             

      (B)(C)(1)  Upon the suspension or revocation of a license    10,681       

issued to a terminal distributor of dangerous drugs or the         10,682       

refusal by the board to renew such a license, the distributor      10,683       

shall immediately surrender his THE license to the board.          10,684       

                                                          231    

                                                                 
      (2)  The board may place under seal all dangerous drugs      10,686       

that are owned by or in the possession, custody, or control of a   10,687       

terminal distributor at the time his THE license is suspended or   10,688       

revoked or at the time the board refuses to renew his THE          10,689       

license.  Except as otherwise provided in this division,           10,690       

dangerous drugs so sealed shall not be disposed of, until appeal   10,691       

rights under Chapter 119. of the Revised Code have expired or an   10,692       

appeal filed pursuant to that chapter has been determined.         10,693       

      The court involved in an appeal filed pursuant to Chapter    10,695       

119. of the Revised Code may order the board, during the pendency  10,696       

of the appeal, to sell sealed dangerous drugs that are             10,697       

perishable.  The proceeds of such a sale shall be deposited with   10,698       

that court.                                                        10,699       

      Sec. 4729.59.  The secretary EXECUTIVE DIRECTOR of the       10,708       

STATE board of pharmacy shall maintain a register of the names,    10,710       

addresses, and the date of registration of those persons to whom   10,711       

a registration certificate has been issued pursuant to section     10,712       

4729.52 of the Revised Code and those persons to whom a license    10,713       

has been issued pursuant to section 4729.54 of the Revised Code.   10,714       

Such THE register shall be the property of the board and shall be  10,716       

open for public examination and inspection at all reasonable       10,717       

times, as the board may direct.                                                 

      The board shall publish or make available to registered      10,719       

wholesale distributors and licensed terminal distributors of       10,720       

dangerous drugs, annually, and at such other times and in such     10,721       

manner as the board shall by regulation prescribe, a roster        10,723       

setting forth the names and addresses of those persons who have                 

been registered by the board pursuant to section 4729.52 of the    10,724       

Revised Code and those persons who have been licensed pursuant to  10,725       

section 4729.54 of the Revised Code, those persons whose licenses  10,727       

or registration certificates have been suspended, revoked, or      10,728       

surrendered, and those persons whose licenses or registration      10,729       

certificates have not been renewed.                                             

      A written statement signed and verified by the secretary     10,731       

                                                          232    

                                                                 
EXECUTIVE DIRECTOR of the board in which it is stated that after   10,733       

diligent search of the register no record or entry of the          10,734       

issuance of a license or registration certificate to a person is                

found is admissible in evidence and constitutes presumptive        10,735       

evidence of the fact that such THE person is not a licensed        10,736       

terminal distributor or is not a registered wholesale distributor  10,738       

of dangerous drugs.                                                             

      Sec. 4729.60.  (A)  Before a registered wholesale            10,747       

distributor of dangerous drugs may sell dangerous drugs at         10,748       

wholesale to any person other than a practitioner LICENSED HEALTH  10,749       

PROFESSIONAL AUTHORIZED TO PRESCRIBE DRUGS, a registered           10,751       

wholesale distributor of dangerous drugs, a manufacturer of        10,752       

dangerous drugs, a carrier or a warehouseman WAREHOUSER but only   10,753       

for the purpose of carriage or storage, or a terminal distributor  10,755       

of dangerous drugs who is not engaged in the sale of dangerous     10,756       

drugs within this state, such wholesale distributor shall obtain   10,757       

from the purchaser and the purchaser shall furnish to the          10,758       

wholesale distributor a certificate indicating that the purchaser  10,759       

is a licensed terminal distributor of dangerous drugs.  The        10,760       

certificate shall be in the form that the STATE board of pharmacy  10,761       

shall prescribe by regulation, and shall set forth the name of     10,762       

the licensee, the number of the license, a description of the      10,764       

place or establishment or each place or establishment for which    10,765       

the license was issued, the category of licensure, and, if the     10,766       

license is a limited category I, II, or III license, the           10,767       

dangerous drugs that the licensee is authorized to possess, have   10,768       

custody or control of, and distribute.                             10,769       

      If no certificate is obtained or furnished before such A     10,771       

sale IS MADE, it shall be presumed that such THE sale of           10,772       

dangerous drugs by the wholesale distributor is in violation of    10,774       

division (B) of section 4729.51 of the Revised Code and such THE   10,775       

purchase of dangerous drugs by the purchaser is in violation of    10,776       

division (C) of section 4729.51 of the Revised Code.  If a         10,777       

registered wholesale distributor of dangerous drugs obtains or is  10,778       

                                                          233    

                                                                 
furnished such a certificate from a terminal distributor of        10,779       

dangerous drugs and relies on such THE certificate in selling      10,780       

dangerous drugs at wholesale to such THE terminal distributor of   10,781       

dangerous drugs, such THE wholesale distributor of dangerous       10,783       

drugs shall be deemed not to have violated division (B) of         10,784       

section 4729.51 of the Revised Code in making such THE sale.       10,785       

      (B)  Before a licensed terminal distributor of dangerous     10,787       

drugs may purchase dangerous drugs at wholesale, such THE          10,788       

terminal distributor shall obtain from the seller and the seller   10,790       

shall furnish to the terminal distributor the number of the        10,791       

seller's registration certificate to engage in the sale of         10,792       

dangerous drugs at wholesale.                                      10,793       

      If no registration number is obtained or furnished before    10,795       

such A purchase IS MADE, it shall be presumed that such THE        10,797       

purchase of dangerous drugs by the terminal distributor is in      10,798       

violation of division (D) of section 4729.51 of the Revised Code   10,799       

and such THE sale of dangerous drugs by the seller is in           10,801       

violation of division (A) of section 4729.51 of the Revised Code.  10,802       

If a licensed terminal distributor of dangerous drugs obtains or   10,803       

is furnished a registration number from a wholesale distributor    10,804       

of dangerous drugs and relies on such THE registration number in   10,805       

purchasing dangerous drugs at wholesale from such THE wholesale    10,806       

distributor of dangerous drugs, such THE terminal distributor      10,808       

shall be deemed not to have violated division (D) of section       10,810       

4729.51 of the Revised Code in making such THE purchase.           10,811       

      Sec. 4729.63.  Except as provided in division (B) of         10,820       

section 4729.25 of the Revised Code, the IF THE state board of     10,821       

pharmacy shall enforce, or cause to be enforced, HAS INFORMATION   10,823       

THAT sections 4729.51 to 4729.62 of the Revised Code.  If it has   10,824       

information that such sections have been violated, it shall        10,825       

investigate the matter and upon probable cause appearing file a    10,827       

complaint in an appropriate court for prosecution of the           10,828       

offender.  THE                                                                  

      The attorney general, prosecuting attorney, or city          10,830       

                                                          234    

                                                                 
director of law to whom the board reports any violation of         10,832       

sections 4729.51 to 4729.62 of the Revised Code shall cause        10,833       

appropriate proceedings to be instituted in the proper court                    

without delay and to be prosecuted in the manner provided by law.  10,834       

      Sec. 4729.66.  The IN ADDITION TO THE RULES IT ADOPTS FOR    10,843       

THE PRACTICE OF PHARMACY UNDER SECTION 4729.26 OF THE REVISED      10,844       

CODE, THE STATE board of pharmacy may make such ADOPT rules and    10,846       

regulations, subject to and in accordance with sections 119.01 to  10,847       

119.13, inclusive, CHAPTER 119. of the Revised Code, not           10,849       

inconsistent with the law, AS MAY BE NECESSARY TO CARRY OUT THE    10,850       

PURPOSES OF AND TO ENFORCE THE PROVISIONS OF THIS CHAPTER                       

pertaining to the purchase for resale, possession for sale, sale,  10,852       

and other distribution of dangerous drugs as may be necessary to   10,854       

carry out the purposes of and enforce sections 4729.51 to                       

4729.62, inclusive, of the Revised Code.                           10,855       

      Sec. 4729.67.  On receipt of a notice pursuant to section    10,865       

2301.373 of the Revised Code, the state board of pharmacy shall                 

comply with that section with respect to a LICENSE,                10,866       

IDENTIFICATION CARD, OR certificate OF REGISTRATION issued         10,867       

pursuant to this chapter.                                          10,868       

      Sec. 4731.052.  (A)  As used in this section:                10,877       

      (1)  "Dangerous drug" has the same meaning as in section     10,879       

4729.02 4729.01 of the Revised Code.                               10,881       

      (2)  "Intractable pain" means a state of pain that is        10,883       

determined, after reasonable medical efforts have been made to     10,884       

relieve the pain or cure its cause, to have a cause for which no   10,886       

treatment or cure is possible or for which none has been found.    10,887       

      (3)  "Physician" means an individual authorized under this   10,889       

chapter to practice medicine and surgery or osteopathic medicine   10,890       

and surgery.                                                       10,891       

      (B)  The state medical board shall adopt rules in            10,893       

accordance with Chapter 119. of the Revised Code that establish    10,894       

standards and procedures to be followed by physicians in the       10,895       

diagnosis and treatment of intractable pain, including standards   10,896       

                                                          235    

                                                                 
for managing intractable pain by prescribing, dispensing           10,897       

PERSONALLY FURNISHING, or administering dangerous drugs in         10,899       

amounts or combinations that may not be appropriate when treating  10,900       

other medical conditions.  In developing the rules, the board      10,901       

shall consult with and permit review by physicians who are         10,902       

experienced in the diagnosis and treatment of intractable pain.    10,903       

      (C)  When a physician diagnoses an individual as having      10,905       

intractable pain, the physician may treat the pain by managing it  10,906       

with dangerous drugs in amounts or combinations that may not be    10,907       

appropriate when treating other medical conditions.  The           10,908       

physician's diagnosis shall be made after having the individual    10,909       

evaluated by one or more other physicians who specialize in the                 

treatment of the area, system, or organ of the body perceived as   10,910       

the source of the pain.  The physician's diagnosis and treatment   10,911       

decisions shall be made according to accepted and prevailing       10,912       

standards for medical care.  The physician shall maintain a        10,913       

record of all of the following:                                                 

      (1)  Medical history and physical examination of the         10,915       

individual;                                                                     

      (2)  The diagnosis of intractable pain, including signs,     10,917       

symptoms, and causes;                                              10,918       

      (3)  The plan of treatment proposed, the patient's response  10,920       

to treatment, and any modification to the plan of treatment;       10,921       

      (4)  The dates on which dangerous drugs were prescribed,     10,924       

dispensed FURNISHED, or administered, the name and address of the  10,926       

individual to or for whom the dangerous drugs were prescribed,     10,927       

dispensed, or administered, and the amounts and dosage forms for                

the dangerous drugs prescribed, dispensed FURNISHED, or            10,928       

administered;                                                      10,929       

      (5)  A copy of the report made by the physician or the       10,931       

physician to whom referral for evaluation was made under this      10,932       

division.                                                                       

      (D)  A physician who treats intractable pain by managing it  10,935       

with dangerous drugs is not subject to disciplinary action by the  10,936       

                                                          236    

                                                                 
board under section 4731.22 of the Revised Code solely because     10,938       

the physician treated the intractable pain with dangerous drugs.   10,940       

The physician is subject to disciplinary action only if the        10,941       

dangerous drugs are not prescribed, FURNISHED, OR administered,    10,942       

or dispensed in accordance with this section and the rules         10,944       

adopted under it.                                                               

      Sec. 4731.22.  (A)  The state medical board, pursuant to an  10,953       

adjudication under Chapter 119. of the Revised Code and by a vote  10,955       

of not fewer than six of its members, may revoke or may refuse to  10,956       

grant a certificate to a person found by the board to have         10,957       

committed fraud in passing the examination or to have committed    10,958       

fraud, misrepresentation, or deception in applying for or          10,959       

securing any license or certificate issued by the board.                        

      (B)  The board, pursuant to an adjudication under Chapter    10,962       

119. of the Revised Code and by a vote of not fewer than six       10,963       

members, shall, to the extent permitted by law, limit, revoke, or  10,964       

suspend a certificate, refuse to register or refuse to reinstate   10,965       

an applicant, or reprimand or place on probation the holder of a   10,966       

certificate for one or more of the following reasons:                           

      (1)  Permitting one's name or one's certificate of           10,968       

registration to be used by a person, group, or corporation when    10,969       

the individual concerned is not actually directing the treatment   10,970       

given;                                                             10,971       

      (2)  Failure to use reasonable care discrimination in the    10,973       

administration of drugs, or failure to employ acceptable           10,974       

scientific methods in the selection of drugs or other modalities   10,975       

for treatment of disease;                                          10,976       

      (3)  Selling, prescribing, giving away, PERSONALLY           10,978       

FURNISHING, PRESCRIBING, or administering drugs for other than     10,980       

legal and legitimate therapeutic purposes or a plea of guilty to,  10,981       

or a judicial finding of guilt of, a violation of any federal or   10,982       

state law regulating the possession, distribution, or use of any   10,983       

drug;                                                                           

      (4)  Willfully betraying a professional confidence.  For     10,985       

                                                          237    

                                                                 
purposes of this division, "willfully betraying a professional     10,986       

confidence" does not include the making of a report of an          10,987       

employee's use of a drug of abuse, or a report of a condition of   10,988       

an employee other than one involving the use of a drug of abuse,   10,989       

to the employer of the employee as described in division (B) of    10,990       

section 2305.33 of the Revised Code, and nothing in this division  10,991       

affects the immunity from civil liability conferred by that        10,993       

section upon a physician who makes either type of report in        10,994       

accordance with division (B) of that section.  As used in this     10,995       

division, "employee," "employer," and "physician" have the same    10,996       

meanings as in section 2305.33 of the Revised Code.                10,997       

      (5)  Soliciting patients or publishing a false, fraudulent,  10,999       

deceptive, or misleading statement.                                11,000       

      As used in this division, "false, fraudulent, deceptive, or  11,002       

misleading statement" means a statement that includes a            11,003       

misrepresentation of fact, is likely to mislead or deceive         11,004       

because of a failure to disclose material facts, is intended or    11,005       

is likely to create false or unjustified expectations of           11,006       

favorable results, or includes representations or implications     11,007       

that in reasonable probability will cause an ordinarily prudent    11,008       

person to misunderstand or be deceived.                            11,009       

      (6)  A departure from, or the failure to conform to,         11,011       

minimal standards of care of similar practitioners under the same  11,012       

or similar circumstances, whether or not actual injury to a        11,013       

patient is established;                                            11,014       

      (7)  Representing, with the purpose of obtaining             11,016       

compensation or other advantage for self or for any other person,  11,018       

that an incurable disease or injury, or other incurable                         

condition, can be permanently cured;                               11,019       

      (8)  The obtaining of, or attempting to obtain, money or     11,021       

anything of value by fraudulent misrepresentations in the course   11,022       

of practice;                                                       11,023       

      (9)  A plea of guilty to, or a judicial finding of guilt     11,025       

of, a felony;                                                      11,026       

                                                          238    

                                                                 
      (10)  Commission of an act that constitutes a felony in      11,028       

this state regardless of the jurisdiction in which the act was     11,029       

committed;                                                         11,030       

      (11)  A plea of guilty to, or a judicial finding of guilt    11,032       

of, a misdemeanor committed in the course of practice;             11,033       

      (12)  Commission of an act that constitutes a misdemeanor    11,035       

in this state regardless of the jurisdiction in which the act was  11,036       

committed, if the act was committed in the course of practice;     11,037       

      (13)  A plea of guilty to, or a judicial finding of guilt    11,039       

of, a misdemeanor involving moral turpitude;                       11,040       

      (14)  Commission of an act that constitutes a misdemeanor    11,042       

in this state regardless of the jurisdiction in which the act was  11,043       

committed, if the act involves moral turpitude;                    11,044       

      (15)  Violation of the conditions of limitation placed by    11,046       

the board upon a certificate to practice or violation of the       11,047       

conditions of limitation upon which a limited or temporary         11,048       

registration or certificate to practice is issued;                 11,049       

      (16)  Failure to pay license renewal fees specified in this  11,051       

chapter;                                                           11,052       

      (17)  Engaging in the division of fees for referral of       11,054       

patients, or the receiving of a thing of value in return for a     11,056       

specific referral of a patient to utilize a particular service or  11,057       

business;                                                                       

      (18)(a)  Subject to section 4731.226 of the Revised Code,    11,060       

violation of any provision of a code of ethics of the American     11,061       

medical association, the American osteopathic association, the     11,062       

American podiatric medical association, or any other national      11,064       

professional organizations as are determined, by rule, by the      11,065       

state medical board.  The state medical board shall obtain and     11,066       

keep on file current copies of the codes of ethics of the various  11,067       

national professional organizations.  The practitioner whose       11,068       

certificate is being suspended or revoked shall not be found to    11,069       

have violated any provision of a code of ethics of an              11,070       

organization not appropriate to the practitioner's profession.     11,071       

                                                          239    

                                                                 
      (b)  For purposes of this division, a "provision of a code   11,073       

of ethics of a national professional organization" does not        11,074       

include any provision of a code of ethics of a specified national  11,075       

professional organization that would preclude the making of a      11,076       

report by a physician of an employee's use of a drug of abuse, or  11,077       

of a condition of an employee other than one involving the use of  11,078       

a drug of abuse, to the employer of the employee as described in   11,079       

division (B) of section 2305.33 of the Revised Code, and nothing   11,080       

in this division affects the immunity from civil liability         11,082       

conferred by that section upon a physician who makes either type   11,083       

of report in accordance with division (B) of that section.  As     11,084       

used in this division, "employee," "employer," and "physician"     11,085       

have the same meanings as in section 2305.33 of the Revised Code.  11,086       

      (19)  Inability to practice according to acceptable and      11,088       

prevailing standards of care by reason of mental illness or        11,089       

physical illness, including, but not limited to, physical          11,090       

deterioration that adversely affects cognitive, motor, or          11,091       

perceptive skills.  In enforcing this division, the board, upon a  11,092       

showing of a possible violation, may compel any individual         11,093       

licensed or certified to practice by this chapter or who has       11,094       

applied for licensure or certification pursuant to this chapter    11,095       

to submit to a mental or physical examination, or both, as         11,096       

required by and at the expense of the board.  Failure of any       11,097       

individual to submit to a mental or physical examination when      11,098       

directed constitutes an admission of the allegations against the   11,099       

individual unless the failure is due to circumstances beyond the   11,100       

individual's control, and a default and final order may be         11,101       

entered without the taking of testimony or presentation of         11,102       

evidence.  If the board finds a physician unable to practice       11,103       

because of the reasons set forth in this division, the board       11,104       

shall require the physician to submit to care, counseling, or      11,105       

treatment by physicians approved or designated by the board, as a  11,106       

condition for initial, continued, reinstated, or renewed           11,107       

licensure to practice.  An individual licensed by this chapter     11,108       

                                                          240    

                                                                 
affected under this division shall be afforded an opportunity to   11,109       

demonstrate to the board that the individual can resume practice   11,110       

in compliance with acceptable and prevailing standards under the   11,111       

provisions of the individual's certificate.  For the purpose of    11,113       

this division, any individual licensed or certified to practice    11,114       

by this chapter accepts the privilege of practicing in this state  11,115       

and, by so doing or by the making and filing of a registration or  11,116       

application to practice in this state, shall be deemed to have     11,117       

given consent to submit to a mental or physical examination when   11,118       

directed to do so in writing by the board, and to have waived all  11,119       

objections to the admissibility of testimony or examination        11,120       

reports that constitute a privileged communication.                11,121       

      (20)  Except as provided in division (B)(27) of this         11,123       

section and section 4731.225 of the Revised Code, and subject to   11,124       

section 4731.226 of the Revised Code, violating or attempting to   11,126       

violate, directly or indirectly, or assisting in or abetting the   11,127       

violation of, or conspiring to violate, any provisions of this     11,128       

chapter or any rule promulgated by the board.  This division does  11,129       

not apply to a violation or attempted violation of, assisting in   11,130       

or abetting the violation of, or a conspiracy to violate, any      11,131       

provision of this chapter or any rule promulgated by the board     11,132       

that would preclude the making of a report by a physician of an    11,133       

employee's use of a drug of abuse, or of a condition of an         11,134       

employee other than one involving the use of a drug of abuse, to   11,135       

the employer of the employee as described in division (B) of       11,136       

section 2305.33 of the Revised Code, and nothing in this division  11,137       

affects the immunity from civil liability conferred by that        11,138       

section upon a physician who makes either type of report in        11,139       

accordance with division (B) of that section.  As used in this     11,140       

division, "employee," "employer," and "physician" have the same    11,141       

meanings as in section 2305.33 of the Revised Code.                11,142       

      (21)  The violation of any abortion rule adopted by the      11,144       

public health council pursuant to section 3701.341 of the Revised  11,145       

Code;                                                              11,146       

                                                          241    

                                                                 
      (22)  The limitation, revocation, or suspension by another   11,148       

state of a license or certificate to practice issued by the        11,149       

proper licensing authority of that state, the refusal to license,  11,150       

register, or reinstate an applicant by that authority, the         11,151       

imposition of probation by that authority, or the issuance of an   11,153       

order of censure or other reprimand by that authority for any      11,154       

reason, other than nonpayment of fees;                             11,155       

      (23)  The violation of section 2919.12 of the Revised Code   11,157       

or the performance or inducement of an abortion upon a pregnant    11,158       

woman with actual knowledge that the conditions specified in       11,159       

division (B) of section 2317.56 of the Revised Code have not been  11,160       

satisfied or with a heedless indifference as to whether those      11,161       

conditions have been satisfied, unless an affirmative defense as   11,162       

specified in division (H)(2) of that section would apply in a      11,163       

civil action authorized by division (H)(1) of that section;        11,164       

      (24)  The revocation, suspension, restriction, reduction,    11,166       

or termination of clinical privileges by the department of         11,167       

defense, or the veterans administration of the United States, for  11,168       

any act or acts that also would constitute a violation of this     11,170       

chapter;                                                                        

      (25)  Termination or suspension from medicare or medicaid    11,172       

programs by the department of health and human services or other   11,173       

responsible agency for any act or acts that also would constitute  11,175       

a violation of division (B)(2), (3), (6), (8), or (19) of this     11,176       

section;                                                                        

      (26)  Impairment of ability to practice according to         11,178       

acceptable and prevailing standards of care because of habitual    11,179       

or excessive use or abuse of drugs, alcohol, or other substances   11,180       

that impair ability to practice.                                   11,181       

      For the purposes of this division, any individual licensed   11,183       

or certified under this chapter accepts the privilege of           11,184       

practicing in this state subject to supervision by the board.  By  11,185       

filing a registration or application for licensure or by holding   11,186       

a license or certificate under this chapter, an individual shall   11,187       

                                                          242    

                                                                 
be deemed to have given consent to submit to a mental or physical  11,189       

examination when ordered to do so by the board in writing, and to  11,190       

have waived all objections to the admissibility of testimony or    11,191       

examination reports that constitute privileged communications.     11,192       

      If it has reason to believe that any individual licensed or  11,194       

certified under this chapter or any applicant for a license or     11,195       

certification suffers such impairment, the board may compel the    11,196       

individual to submit to a mental or physical examination, or       11,197       

both.  The examination shall be at the expense of the board.  Any  11,198       

mental or physical examination required under this division shall  11,199       

be undertaken by a treatment provider or physician who is          11,200       

qualified to conduct the examination and who is chosen by the      11,201       

board.                                                             11,202       

      Failure of the individual to submit to a mental or physical  11,204       

examination ordered by the board constitutes an admission of the   11,205       

allegations against the individual unless the failure is due to    11,206       

circumstances beyond the individual's control, and a default and   11,207       

final order may be entered without the taking of testimony or      11,208       

presentation of evidence.  If the board determines that the        11,209       

individual's ability to practice is impaired, the board shall      11,210       

suspend the individual's certificate or deny the individual's      11,212       

application and shall require the individual, as a condition for   11,213       

initial, continued, reinstated, or renewed licensure to practice,  11,214       

to submit to treatment.                                            11,215       

      Before being eligible to apply for reinstatement of a        11,217       

license suspended under this division, the practitioner shall      11,218       

demonstrate to the board that the practitioner can resume          11,219       

practice in compliance with acceptable and prevailing standards    11,220       

of care under the provisions of the practitioner's certificate.    11,221       

The demonstration shall include, but shall not be limited to, the  11,223       

following:                                                                      

      (a)  Certification from a treatment provider approved under  11,225       

section 4731.25 of the Revised Code that the practitioner has      11,226       

successfully completed any required inpatient treatment;           11,227       

                                                          243    

                                                                 
      (b)  Evidence of continuing full compliance with an          11,229       

aftercare contract or consent agreement;                           11,230       

      (c)  Two written reports indicating that the individual's    11,232       

ability to practice has been assessed and that the individual has  11,233       

been found capable of practicing according to acceptable and       11,234       

prevailing standards of care.  The reports shall be made by        11,235       

individuals or providers approved by the board for making the      11,236       

assessments and shall describe the basis for this determination.   11,238       

      The board may reinstate a license suspended under this       11,240       

division after that demonstration and after the individual has     11,242       

entered into a written consent agreement.                          11,243       

      When the impaired practitioner resumes practice after        11,245       

reinstatement of the practitioner's license, the board shall       11,246       

require continued monitoring of the practitioner, which shall      11,248       

include, but not be limited to, compliance with the written        11,249       

consent agreement entered into before reinstatement or with        11,250       

conditions imposed by board order after a hearing, and, upon       11,251       

termination of the consent agreement, submission to the board for  11,252       

at least two years of annual written progress reports made under   11,253       

penalty of perjury stating whether the practitioner has            11,254       

maintained sobriety.                                               11,255       

      (27)  A second or subsequent violation of section 4731.66    11,257       

or 4731.69 of the Revised Code;                                    11,258       

      (28)  Except as provided in division (J) of this section:    11,260       

      (a)  Waiving the payment of all or any part of a deductible  11,263       

or copayment that a patient, pursuant to a health insurance or     11,264       

health care policy, contract, or plan that covers the              11,265       

practitioner's services, otherwise would be required to pay if     11,266       

the waiver is used as an enticement to a patient or group of                    

patients to receive health care services from that provider;       11,267       

      (b)  Advertising that the practitioner will waive the        11,269       

payment of all or any part of a deductible or copayment that a     11,271       

patient, pursuant to a health insurance or health care policy,     11,272       

contract, or plan that covers the practitioner's services,         11,273       

                                                          244    

                                                                 
otherwise would be required to pay.                                11,274       

      (29)  Failure to use universal blood and body fluid          11,276       

precautions established by rules adopted under section 4731.051    11,277       

of the Revised Code;                                               11,278       

      (30)  Failure of a collaborating physician to perform the    11,281       

responsibilities agreed to by the physician in the protocol        11,282       

established between the physician and an advanced practice nurse   11,283       

in accordance with section 4723.56 of the Revised Code;            11,284       

      (31)  Failure to provide notice to, and receive              11,286       

acknowledgment of the notice from, a patient when required by      11,288       

section 4731.143 of the Revised Code prior to providing            11,289       

nonemergency professional services, or failure to maintain that    11,290       

notice in the patient's file;                                                   

      (32)  Failure of a physician supervising a physician         11,292       

assistant to maintain supervision in accordance with the           11,293       

requirements of Chapter 4730. of the Revised Code and the rules    11,294       

adopted under that chapter;                                                     

      (33)  Failure of a physician or podiatrist to maintain a     11,296       

standard care arrangement with a clinical nurse specialist,        11,297       

certified nurse-midwife, or certified nurse practitioner with      11,298       

whom the physician or podiatrist is in collaboration pursuant to   11,299       

section 4731.27 of the Revised Code and practice in accordance     11,300       

with the arrangement;                                              11,301       

      (34)  FAILURE TO COMPLY WITH THE TERMS OF A CONSULT          11,303       

AGREEMENT ENTERED INTO WITH A PHARMACIST PURSUANT TO SECTION       11,304       

4729.39 OF THE REVISED CODE.                                       11,305       

      For purposes of divisions (B)(10), (12), and (14) of this    11,307       

section, the commission of the act may be established by a         11,308       

finding by the board, pursuant to an adjudication under Chapter    11,310       

119. of the Revised Code, that the applicant or certificate        11,311       

holder committed the act.  The board does not have jurisdiction    11,312       

under those divisions if the trial court renders a final judgment  11,314       

in the certificate holder's favor and that judgment is based upon  11,315       

an adjudication on the merits.  The board has jurisdiction under   11,316       

                                                          245    

                                                                 
those divisions if the trial court issues an order of dismissal    11,319       

upon technical or procedural grounds.                                           

      The sealing of conviction records shall have no effect upon  11,321       

a prior board order entered under this section or upon the         11,323       

board's jurisdiction to take action under this section if a                     

notice of an opportunity for a hearing has been issued based upon  11,325       

a conviction, plea of guilty, or judicial finding of guilt prior   11,326       

to the court order.                                                             

      (C)(1)  The board shall investigate evidence that appears    11,328       

to show that any person has violated any provision of this         11,329       

chapter or any rule adopted under it.  Any person may report to    11,330       

the board in a signed writing any information that the person may  11,332       

have that appears to show a violation of any provision of this     11,333       

chapter or any rule adopted under it.  In the absence of bad       11,334       

faith, any person who reports information of that nature or who    11,336       

testifies before the board in any adjudication hearing conducted   11,337       

under Chapter 119. of the Revised Code shall not be liable in      11,339       

damages in a civil action as a result of the report or testimony.  11,340       

      Each complaint or allegation of a violation received by the  11,342       

board shall be assigned a case number and shall be recorded by     11,343       

the board.  Information received by the board pursuant to an       11,344       

investigation shall be confidential and not subject to discovery   11,345       

in any civil action.                                               11,346       

      Investigations of alleged violations of this chapter or any  11,348       

rule adopted under it shall be supervised by the supervising       11,350       

member elected by the board in accordance with section 4731.02 of  11,351       

the Revised Code and by the secretary as provided in section       11,352       

4731.39 of the Revised Code.  The president may designate another  11,353       

member of the board to supervise the investigation in place of     11,354       

the supervising member.  No member of the board who supervises     11,355       

the investigation of a case shall participate in further           11,356       

adjudication of the case.                                                       

      For the purpose of investigation of a possible violation of  11,358       

division (B)(3), (8), (9), (11), or (15) of this section, the      11,359       

                                                          246    

                                                                 
board may administer oaths, order the taking of depositions,       11,360       

issue subpoenas, and compel the attendance of witnesses and        11,361       

production of books, accounts, papers, records, documents, and     11,362       

testimony.                                                         11,363       

      In investigating possible violations of all remaining        11,365       

divisions of this section and sections of this chapter or any      11,366       

rule adopted under this chapter, the board also may administer     11,368       

oaths, order the taking of depositions, issue subpoenas, and       11,369       

compel the attendance of witnesses and production of books,        11,370       

accounts, papers, records, documents, and testimony.  However, in  11,371       

those instances, other than for patient records provided to the    11,372       

board pursuant to the reporting provisions of division (A) of      11,373       

section 4731.224 of the Revised Code, a subpoena for patient       11,374       

record information shall not be issued without consultation with   11,375       

the attorney general's office and approval of the secretary of     11,376       

the board, the supervising member, and a member of the board who   11,377       

holds a certificate issued under this chapter authorizing the      11,378       

practice of medicine and surgery, osteopathic medicine and         11,380       

surgery, or podiatry.  Before issuance of a subpoena of that       11,381       

nature, the three board members shall determine whether there is   11,382       

probable cause to believe that the complaint filed alleges a                    

violation of this chapter or any rule adopted under it and that    11,383       

the records sought are relevant to the alleged violation and       11,386       

material to the investigation.  Those records must cover a         11,388       

reasonable period of time surrounding the alleged violation.       11,389       

Upon failure to comply with any subpoena issued by the board and   11,390       

after reasonable notice to the person being subpoenaed, the board  11,391       

may move for an order compelling the production of persons or      11,392       

records pursuant to the Rules of Civil Procedure.  Each officer    11,393       

who serves a subpoena of that nature shall receive the same fees   11,394       

as a sheriff, and each witness who appears, in obedience to a      11,396       

subpoena, before the board, shall receive the fees and mileage     11,397       

provided for witnesses in civil cases in the courts of common      11,398       

pleas.                                                                          

                                                          247    

                                                                 
      All hearings and investigations of the board shall be        11,400       

considered civil actions for the purposes of section 2305.251 of   11,401       

the Revised Code.                                                  11,402       

      The board shall conduct all investigations and proceedings   11,404       

in a manner that protects patient confidentiality.  The board      11,407       

shall not make public names or other identifying information       11,408       

about patients unless proper consent is given or a waiver of the   11,409       

patient privilege exists under division (B) of section 2317.02 of  11,410       

the Revised Code, except that no consent or waiver of that nature  11,411       

is required if the board possesses reliable and substantial        11,413       

evidence that no bona fide physician-patient relationship exists.  11,414       

      (2)  In the absence of fraud or bad faith, neither the       11,416       

board, nor any current or former member, agent, representative,    11,417       

or employee of the board, nor any provider of educational and      11,418       

assessment services selected by the board for the quality          11,419       

intervention program shall be held liable in damages to any        11,420       

person as the result of any act, omission, proceeding, conduct,    11,421       

or decision related to official duties undertaken or performed     11,423       

pursuant to this chapter.  If a current or former member, agent,                

representative, or employee of the board or a provider of          11,424       

educational and assessment services selected by the board for the  11,425       

quality intervention program requests the state to defend against  11,426       

any claim or action arising out of any act, omission, proceeding,  11,427       

conduct, or decision related to the person's official duties, if   11,428       

the request is made in writing at a reasonable time before trial,  11,429       

and if the person requesting defense cooperates in good faith in   11,430       

the defense of the claim or action, the state shall provide and    11,431       

pay for the defense and shall pay any resulting judgment,          11,432       

compromise, or settlement.  At no time shall the state pay that    11,433       

part of a claim or judgment that is for punitive or exemplary      11,434       

damages.                                                                        

      (3)  On a quarterly basis, the board shall prepare a report  11,436       

that documents the disposition of all cases during the preceding   11,437       

three months.  The report shall contain the following information  11,438       

                                                          248    

                                                                 
for each case with which the board has completed its activities:   11,439       

      (a)  The case number assigned to the complaint or alleged    11,441       

violation pursuant to division (C)(1) of this section;             11,442       

      (b)  The type of license or certificate to practice, if      11,444       

any, held by the individual against whom the complaint is          11,445       

directed;                                                          11,446       

      (c)  A description of the allegations contained in the       11,448       

complaint;                                                         11,449       

      (d)  The disposition of the case.                            11,451       

      The report shall state how many cases are still pending and  11,454       

shall be prepared in a manner that protects the identity of each   11,456       

person involved in each case.  The report shall be a public        11,457       

record under section 149.43 of the Revised Code.                                

      (D)  If the secretary and supervising member determine that  11,459       

there is clear and convincing evidence that a certificate holder   11,460       

has violated division (B) of this section and that the             11,461       

certificate holder's continued practice presents a danger of       11,462       

immediate and serious harm to the public, they may recommend that  11,463       

the board suspend the certificate holder's certificate without a   11,464       

prior hearing.  Written allegations shall be prepared for          11,465       

consideration by the board members.                                11,466       

      The board, upon review of those allegations and by a vote    11,468       

of not fewer than six of its members, excluding the secretary and  11,469       

supervising member, may suspend a certificate without a prior      11,470       

hearing.  A telephone conference call may be utilized for          11,471       

reviewing the allegations and taking the vote.                     11,472       

      The board shall issue a written order of suspension by       11,474       

certified mail or in person in accordance with section 119.07 of   11,475       

the Revised Code.  The order shall not be subject to suspension    11,477       

by the court during pendency of any appeal filed under section     11,478       

119.12 of the Revised Code.  If the certificate holder requests    11,479       

an adjudicatory hearing by the board, the date set for that        11,480       

hearing shall be within fifteen days, but not earlier than seven   11,481       

days, after the certificate holder has requested a hearing,        11,482       

                                                          249    

                                                                 
unless otherwise agreed to by both the board and the certificate   11,483       

holder.                                                            11,484       

      Any summary suspension imposed under this division shall     11,486       

remain in effect, unless reversed on appeal, until a final         11,487       

adjudicative order issued by the board pursuant to this section    11,488       

and Chapter 119. of the Revised Code becomes effective.  The       11,489       

board shall issue its final adjudicative order within sixty days   11,490       

after completion of its hearing.  A failure to issue the order     11,491       

within sixty days shall result in dissolution of the summary       11,492       

suspension order but shall not invalidate any subsequent, final    11,493       

adjudicative order.                                                11,494       

      (E)  If the board takes action under division (B)(9), (11),  11,497       

or (13) of this section and the conviction, judicial finding of    11,498       

guilt, or guilty plea is overturned on appeal, upon exhaustion of  11,499       

the criminal appeal, a petition for reconsideration of the order   11,500       

may be filed with the board along with appropriate court           11,501       

documents.  Upon receipt of a petition of that nature and          11,502       

supporting court documents, the board shall reinstate the                       

petitioner's certificate.  The board may then hold an              11,503       

adjudication to determine whether the applicant or certificate     11,504       

holder committed the act in question.  Notice of an opportunity    11,505       

for a hearing shall be given in accordance with Chapter 119. of    11,506       

the Revised Code.  If the board finds, pursuant to an              11,507       

adjudication held under this division, that the applicant or       11,508       

certificate holder committed the act or if no hearing is           11,509       

requested, the board may order any of the sanctions identified     11,511       

under division (B) of this section.  The board does not have       11,513       

jurisdiction under division (B)(10), (12), or (14) of this         11,514       

section if the trial court renders a final judgment in the         11,515       

certificate holder's favor and that judgment is based upon an      11,516       

adjudication on the merits.  The board has jurisdiction under      11,518       

those divisions if the trial court issues an order of dismissal    11,520       

upon technical or procedural grounds.                              11,521       

      (F)  The certificate or license issued to an individual      11,524       

                                                          250    

                                                                 
under this chapter and the individual's practice in this state     11,526       

are automatically suspended as of the date the individual pleads                

guilty to, is found by a judge or jury to be guilty of, or is      11,528       

subject to a judicial finding of eligibility for treatment in      11,529       

lieu of conviction for either of the following:                    11,530       

      (1)  In this state, aggravated murder, murder, voluntary     11,532       

manslaughter, felonious assault, kidnapping, rape, sexual          11,533       

battery, gross sexual imposition, aggravated arson, aggravated     11,534       

robbery, or aggravated burglary;                                   11,535       

      (2)  In another jurisdiction, any criminal offense           11,537       

substantially equivalent to those specified in division (F)(1) of  11,538       

this section.                                                      11,539       

      Continued practice after suspension of the individual's      11,541       

certificate or license shall be considered practicing without a    11,543       

certificate or license.  The board shall notify the individual     11,544       

subject to the suspension by certified mail or in person in                     

accordance with section 119.07 of the Revised Code.  If an         11,545       

individual whose certificate or license is suspended under this    11,546       

division fails to make a timely request for an adjudicatory        11,547       

hearing, the board shall enter a final order revoking the          11,548       

certificate or license.                                            11,549       

      (G)  If the board is required by Chapter 119. of the         11,552       

Revised Code to give notice of an opportunity for a hearing and    11,553       

if the applicant or certificate holder does not timely request a   11,554       

hearing in accordance with section 119.07 of the Revised Code,     11,555       

the board is not required to hold a hearing, but may adopt, by a   11,556       

vote of not fewer than six of its members, a final order that      11,557       

contains the board's findings.  In that final order, the board     11,558       

may order any of the sanctions identified under division (B) of    11,560       

this section.                                                                   

      (H)  Any action taken by the board under division (B) of     11,562       

this section resulting in a suspension from practice shall be      11,563       

accompanied by a written statement of the conditions under which   11,564       

the certificate holder may be reinstated to practice.  The board   11,565       

                                                          251    

                                                                 
shall adopt rules governing conditions to be imposed for           11,566       

reinstatement.  Reinstatement of a certificate suspended pursuant  11,567       

to division (B) of this section requires an affirmative vote of    11,568       

not fewer than six members of the board.                           11,569       

      (I)  Notwithstanding any other provision of the Revised      11,571       

Code, no surrender of a license or certificate issued under this   11,572       

chapter shall be effective unless or until accepted by the board.  11,574       

Reinstatement of a certificate surrendered to the board requires   11,575       

an affirmative vote of not fewer than six members of the board.    11,576       

      Notwithstanding any other provision of the Revised Code, no  11,578       

application for a license or certificate made under the            11,579       

provisions of this chapter may be withdrawn without approval of    11,581       

the board.                                                                      

      (J)  Sanctions shall not be imposed under division (B)(28)   11,584       

of this section against any person who waives deductibles and      11,585       

copayments as follows:                                                          

      (1)  In compliance with the health benefit plan that         11,587       

expressly allows such a practice.  Waiver of the deductibles or    11,588       

copayments shall be made only with the full knowledge and consent  11,589       

of the plan purchaser, payer, and third-party administrator.       11,590       

Documentation of the consent shall be made available to the board  11,591       

upon request.                                                                   

      (2)  For professional services rendered to any other person  11,593       

authorized to practice pursuant to this chapter, to the extent     11,595       

allowed by this chapter and rules adopted by the board.            11,596       

      (K)  Under the board's investigative duties described in     11,598       

this section and subject to division (C) of this section, the      11,599       

board shall develop and implement a quality intervention program   11,600       

designed to improve physicians' clinical and communication skills  11,601       

through remedial education.  In developing and implementing the    11,602       

quality intervention program, the board may do all of the          11,603       

following:                                                                      

      (1)  Offer in appropriate cases as determined by the board   11,605       

an educational and assessment program to physicians pursuant to    11,606       

                                                          252    

                                                                 
an investigation the board conducts under this section;            11,607       

      (2)  Select providers of educational and assessment          11,609       

services for physicians, including a quality intervention program  11,610       

panel of case reviewers;                                                        

      (3)  Refer physicians to educational and assessment service  11,612       

providers and approve individual educational programs recommended  11,613       

by those providers.  The board shall monitor the progress of each  11,614       

physician undertaking an educational program of that nature.       11,615       

      (4)  Determine successful completion of an educational       11,617       

program undertaken by a referred physician and require further     11,618       

monitoring of a physician or other action that the board           11,619       

determines to be appropriate;                                                   

      (5)  Adopt rules in accordance with Chapter 119. of the      11,621       

Revised Code to further implement the quality intervention         11,623       

program.                                                                        

      A physician who participates in an individual educational    11,625       

program pursuant to this division shall pay the financial          11,626       

obligations arising from that educational program.                 11,627       

      Sec. 4741.22.  The state veterinary medical licensing board  11,636       

may refuse to issue or renew a license, registration, or           11,637       

temporary permit to or of any applicant who, and may issue a       11,638       

reprimand to, suspend or revoke the license, registration, or the  11,639       

temporary permit of, or impose a civil penalty pursuant to this    11,640       

section upon any person licensed to practice veterinary medicine   11,641       

or any person registered as a registered veterinary technician     11,642       

who:                                                                            

      (A)  In the conduct of the person's practice does not        11,644       

conform to the rules of the board governing proper, humane,        11,645       

sanitary, and hygienic methods to be used in the care and          11,646       

treatment of animals;                                                           

      (B)  Uses fraud, misrepresentation, or deception in          11,648       

completing the examination conducted by the board;                 11,649       

      (C)  Is found to be physically or psychologically addicted   11,651       

to alcohol or an illegal or controlled substance, as defined in    11,652       

                                                          253    

                                                                 
division (D) of section 3719.01 of the Revised Code, to such a     11,653       

degree as to render the person unfit to practice veterinary        11,654       

medicine;                                                          11,655       

      (D)  Directly or indirectly employs or lends the person's    11,657       

services to a solicitor for the purpose of obtaining patients;     11,658       

      (E)  Obtains a fee on the assurance that an incurable        11,660       

disease can be cured;                                                           

      (F)  Advertises in a manner that violates section 4741.21    11,662       

of the Revised Code;                                                            

      (G)  Has professional association with or lends the          11,664       

person's name to any unlicensed person, association, or            11,665       

organization for the purpose of obtaining patients;                11,666       

      (H)  Divides fees or charges or has any arrangement to       11,668       

share fees or charges with any other person, except on the basis   11,669       

of services performed;                                             11,670       

      (I)  Sells any biologic containing living, dead, or          11,672       

sensitized organisms or products of those organisms, except in a   11,673       

manner that the board by rule has prescribed;                      11,674       

      (J)  Is convicted of any felony or crime involving moral     11,676       

turpitude;                                                         11,677       

      (K)  Is convicted of any violation of section 959.13 of the  11,679       

Revised Code;                                                      11,680       

      (L)  Is convicted of a felony drug abuse offense, as         11,682       

defined in section 2925.01 of the Revised Code;                    11,683       

      (M)  Swears falsely in any affidavit required to be made by  11,685       

him THE PERSON in the course of his THE practice of veterinary     11,687       

medicine;                                                                       

      (N)  Fails to report promptly to the proper official any     11,689       

known reportable disease;                                          11,690       

      (O)  Fails to report promptly vaccinations or the results    11,692       

of tests when required to do so by law or rule;                    11,693       

      (P)  Has been adjudicated incompetent for the purpose of     11,695       

holding the license or permit by a court, as provided in section   11,696       

5122.301 of the Revised Code, and has not been restored to legal   11,697       

                                                          254    

                                                                 
capacity for that purpose;                                         11,698       

      (Q)  Permits a person who is not a licensed veterinarian, a  11,700       

veterinary student extern, or a registered veterinary technician   11,701       

to engage in work or perform duties in violation of this chapter;  11,702       

      (R)  Is guilty of gross incompetence;                        11,704       

      (S)  Has had a license to practice veterinary medicine or a  11,706       

license, registration, or certificate to engage in activities as   11,707       

a registered veterinary technician revoked, suspended, or acted    11,708       

against by disciplinary action by an agency similar to this board  11,709       

of another state, territory, or country or the District of         11,710       

Columbia;                                                          11,711       

      (T)  Is or has practiced with a revoked, suspended,          11,713       

inactive, expired, or terminated license or registration;          11,714       

      (U)  Represents self as a specialist unless certified as a   11,717       

specialist by the board;                                                        

      (V)  In the person's capacity as a veterinarian or           11,719       

registered veterinary technician makes or files a report, health   11,720       

certificate, vaccination certificate, or other document that the   11,722       

person knows is false or negligently or intentionally fails to     11,723       

file a report or record required by any applicable state or        11,724       

federal law;                                                                    

      (W)  Fails to use reasonable care in the administration of   11,726       

drugs, as defined in division (C) of section 4729.02 4729.01 of    11,728       

the Revised Code, or acceptable scientific methods in the          11,729       

selection of those drugs or other modalities for treatment of a    11,730       

disease or in conduct of surgery;                                  11,731       

      (X)  Makes available a dangerous drug, as defined in         11,733       

division (D) of section 4729.02 4729.01 of the Revised Code, to    11,735       

any person other than for the specific treatment of an animal      11,736       

patient;                                                           11,737       

      (Y)  Refuses to permit a board investigator or the board's   11,739       

designee to inspect the person's business premises during regular  11,741       

business hours;                                                    11,742       

      (Z)  Violates any order of the board or fails to comply      11,744       

                                                          255    

                                                                 
with a subpoena of the board;                                      11,745       

      (AA)  Fails to maintain medical records as required by rule  11,747       

of the board.                                                      11,748       

      Before the board may revoke, deny, refuse to renew, or       11,750       

suspend a license, registration, or temporary permit or otherwise  11,751       

discipline the holder of a license, registration, or temporary     11,752       

permit, the executive secretary shall file written charges with    11,753       

the board.  The board shall conduct a hearing on the charges as    11,754       

provided in Chapter 119. of the Revised Code.                      11,755       

      If the board, after a hearing conducted pursuant to Chapter  11,757       

119. of the Revised Code, revokes, refuses to renew, or suspends   11,758       

a license, registration, or temporary permit or otherwise          11,759       

disciplines the holder of a license, registration, or temporary    11,760       

permit for a violation of this section, section 4741.23 or         11,761       

4741.28, division (C) or (D) of section 4741.19, or division (B),  11,763       

(C), or (D) of section 4741.21 of the Revised Code, the board may  11,764       

impose a civil penalty upon the holder of the license, permit, or  11,765       

registration of not less than fifty dollars or more than two       11,766       

hundred fifty dollars for a first offense and not less than two    11,767       

hundred fifty dollars or more than one thousand dollars for each   11,768       

subsequent offense.  In addition to the civil penalty and any      11,769       

other penalties imposed pursuant to this chapter, the board may    11,770       

assess any holder of a license, permit, or registration the costs  11,771       

of the hearing conducted under this section if the board           11,772       

determines that the holder has violated any provision for which    11,773       

the board may impose a civil penalty under this section.                        

      Sec. 5123.193.  (A)  As used in this section:                11,782       

      (1)  "Health care professional" means any of the following:  11,784       

      (a)  A dentist who holds a valid license issued under        11,786       

Chapter 4715. of the Revised Code;                                 11,787       

      (b)  A registered nurse or licensed practical nurse who      11,789       

holds a valid license issued under Chapter 4723. of the Revised    11,790       

Code;                                                              11,791       

      (c)  An advanced practice nurse approved pursuant to         11,793       

                                                          256    

                                                                 
section 4723.56 of the Revised Code;                               11,794       

      (d)  An optometrist who holds a valid license issued under   11,796       

Chapter 4725. of the Revised Code;                                 11,797       

      (e)  A physician who holds a valid certificate issued under  11,799       

Chapter 4731. of the Revised Code authorizing the practice of      11,800       

medicine and surgery, osteopathic medicine and surgery, or         11,801       

podiatry;                                                          11,802       

      (f)  A practitioner of a limited branch of medicine who      11,804       

holds a valid certificate issued under Chapter 4731. of the        11,805       

Revised Code;                                                      11,806       

      (g)  A respiratory care professional who holds a valid       11,808       

license issued under Chapter 4761. HAS THE SAME MEANING AS IN      11,809       

SECTION 5126.35 of the Revised Code.                               11,810       

      (2)  "ICF/MR" means an intermediate care facility for the    11,812       

mentally retarded.                                                 11,813       

      (3)  "ICF/MR worker" means a person who is employed by an    11,815       

ICF/MR, provides services pursuant to a contract with an ICF/MR,   11,817       

or provides services as a volunteer in an ICF/MR, except that      11,819       

"ICF/MR worker" does not include a health care professional                     

acting within the scope of a professional license or certificate.  11,820       

      (B)(1)  Except as provided in division (B)(2) of this        11,823       

section, this section applies to each ICF/MR with fifteen or       11,824       

fewer resident beds that is licensed as a residential facility by  11,825       

the department of mental retardation and developmental             11,826       

disabilities under section 5123.19 of the Revised Code and         11,827       

certified by the director of health as being in compliance with    11,828       

applicable standards for such facilities for purposes of the       11,829       

medical assistance program operated under Chapter 5111. of the     11,830       

Revised Code.  This section also applies to periods during which   11,831       

such a facility's residents are being transported in a vehicle     11,832       

operated by the facility or by a person or government entity       11,833       

under contract with the facility and periods during which          11,834       

residents are participating in a field trip sponsored by the       11,835       

facility.                                                          11,836       

                                                          257    

                                                                 
      This section does not apply to an ICF/MR with more than      11,838       

fifteen resident beds or other types of residential facilities     11,839       

licensed by the department of mental retardation and               11,840       

developmental disabilities under section 5123.19 of the Revised    11,841       

Code.                                                              11,842       

      (2)  This section does not apply to an ICF/MR operated by a  11,844       

county board of mental retardation and developmental               11,846       

disabilities.  An ICF/MR operated by a county board with fewer     11,847       

than seventeen resident beds is subject to the policy adopted by   11,848       

the board under section 5126.351 of the Revised Code.                           

      (C)(1)  Each ICF/MR subject to this section shall adopt a    11,850       

written policy on whether it will permit ICF/MR workers to give    11,851       

oral or apply topical medications to residents of the ICF/MR. The  11,853       

facility shall adopt a policy that is consistent with section                   

4723.61 of the Revised Code and the rules adopted by the board of  11,854       

nursing under that section.  Each policy adopted shall specify     11,855       

one of the following:                                              11,856       

      (a)  Except in an emergency, ICF/MR workers shall neither    11,858       

give oral nor apply topical medications to a resident of the       11,859       

facility;                                                          11,860       

      (b)  An ICF/MR worker specified by the facility may be       11,862       

permitted to give oral or apply topical medications to residents   11,863       

if the task is delegated by a nurse and the worker acts in         11,864       

accordance with this section and the rules adopted under section   11,865       

4723.61 of the Revised Code.                                       11,866       

      (2)  The policy does not apply to any employee or volunteer  11,868       

who is a health care professional, as long as the professional is  11,869       

acting within the scope of his THE PROFESSIONAL'S profession.      11,870       

The policy applies to oral and topical medications that are        11,872       

drugs, as described in section 4729.02 4729.01 of the Revised      11,873       

Code and have been prescribed by a health care professional        11,875       

authorized by law to prescribe drugs. For purposes of the policy,  11,876       

oral medications include those that can be ingested through        11,877       

either the mouth or a stable gastric tube.                         11,878       

                                                          258    

                                                                 
      (D)(1)  An ICF/MR that adopts a policy under which its       11,880       

ICF/MR workers may be permitted to give oral or apply topical      11,881       

medications shall employ or contract with a registered nurse to    11,882       

implement the policy.                                              11,883       

      (2)  The facility shall specify the ICF/MR workers who may   11,885       

be permitted to give or apply medications.  Specification may be   11,886       

made by naming individual workers or by designating groups of      11,887       

workers according to their position, training, or other            11,888       

qualifications.  The facility may permit a worker to give or       11,889       

apply medications only if all of the following apply:              11,890       

      (a)  The worker has successfully completed the training      11,892       

requirements specified in division (E) of this section;            11,893       

      (b)  Authority to give oral or apply topical medications     11,895       

for a particular resident has been delegated to the worker by a    11,896       

nurse in accordance with the rules adopted under section 4723.61   11,897       

of the Revised Code;                                               11,898       

      (c)  The facility determines there is no statement on the    11,900       

state nurse aide registry created under section 3721.32 of the     11,901       

Revised Code indicating that worker has been the subject of a      11,902       

finding of abuse or neglect of a long-term care facility resident  11,903       

or the misappropriation of such a resident's property;             11,904       

      (d)  The facility determines the worker has not been         11,906       

convicted of or pleaded guilty to any felony that is related to    11,907       

drugs or the abuse of an individual.  A worker's criminal          11,908       

background may be determined by requesting information from the    11,909       

bureau of criminal identification and investigation pursuant to    11,910       

division (E) of section 109.57 of the Revised Code.  If a worker   11,911       

is convicted of or pleads guilty to a felony after his THE         11,912       

criminal background has been determined, the worker shall          11,913       

immediately notify the ICF/MR.                                     11,914       

      (3)  An ICF/MR worker may give oral or apply topical         11,916       

medications to residents only if all of the following apply:       11,917       

      (a)  The worker has successfully completed the training      11,919       

requirements specified in division (E) of this section;            11,920       

                                                          259    

                                                                 
      (b)  The authority to give oral or apply topical             11,922       

medications for a particular resident has been delegated to the    11,923       

worker by a nurse in accordance with the rules adopted under       11,924       

section 4723.61 of the Revised Code;                               11,925       

      (c)  The medication to be given or applied is received by    11,927       

the worker in the container in which it was dispensed by a         11,928       

pharmacist or the prescribing health care professional;            11,929       

      (d)  The worker complies with all applicable requirements    11,931       

established under this section and the rules adopted under         11,932       

section 4723.61 of the Revised Code.                               11,933       

      (4)  A registered nurse or licensed practical nurse may      11,935       

delegate to an ICF/MR worker specified by the facility authority   11,936       

to give oral or apply topical medications, except that a licensed  11,937       

practical nurse may delegate the authority only if the nurse has   11,938       

successfully completed a course in medication administration       11,939       

approved by the board of nursing and is acting at the direction    11,940       

of a registered nurse.  Delegation may occur only after the nurse  11,941       

delegating the authority or another nurse authorized to delegate   11,942       

the authority has completed an assessment of the conditions at     11,943       

the facility that pertain to the delegation.  Delegation may       11,944       

occur only if the assessment indicates that the requirements       11,945       

established by this section and the rules adopted under section    11,946       

4723.61 of the Revised Code have been met.                         11,947       

      (a)  The assessments shall include an assessment of all of   11,949       

the following:                                                     11,950       

      (i)  The residents who need medication and the types of      11,952       

nursing care they require as it relates to their need for          11,953       

medication;                                                        11,954       

      (ii)  The amount and nature of any assessments of residents  11,956       

performed by other health care professionals;                      11,957       

      (iii)  The training and skills of the ICF/MR workers who     11,959       

will receive the delegated authority to give oral or apply         11,960       

topical medications.                                               11,961       

      (b)  With regard to the assessment of a resident, the        11,963       

                                                          260    

                                                                 
following apply:                                                   11,964       

      (i)  A nurse shall repeat the assessment if there is a       11,966       

change in the resident's health status;                            11,967       

      (ii)  A nurse is not required to repeat those parts of the   11,969       

assessment that have been completed by the facility to comply      11,970       

with federal regulations that require comprehensive functional     11,971       

assessments or nursing health status reviews, if the facility      11,972       

makes the information from those assessments available to the      11,973       

nurse and the nurse determines that the information is current,    11,974       

valid, and accurate.                                               11,975       

      (5)(a)  A nurse may delegate to the ICF/MR workers           11,977       

specified by the facility authority to give oral or apply topical  11,978       

medications only if all of the following information is available  11,979       

to the nurse:                                                      11,980       

      (i)  The name of the resident to receive the medication;     11,982       

      (ii)  The name of the medication and the dosage to be given  11,984       

or applied;                                                        11,985       

      (iii)  The time or intervals at which the medication is to   11,987       

be given or applied;                                               11,988       

      (iv)  The date the medication is to begin and cease;         11,990       

      (v)  Any special instructions for handling, giving, or       11,992       

applying the medication, including instructions for maintaining    11,993       

sterile conditions and appropriate storage;                        11,994       

      (vi)  Indication of any severe adverse reactions to the      11,996       

medication that should be reported to the health care              11,997       

professional who prescribed the medication and any other           11,998       

procedures that should be followed in an emergency;                11,999       

      (vii)  One or more telephone numbers at which the health     12,001       

care professional who prescribed the medication can be reached in  12,002       

an emergency and the telephone number of another health care       12,003       

professional who should be contacted if the prescribing            12,004       

professional cannot be located.                                    12,005       

      (b)  The information must be received from one or more       12,007       

health care professionals acting within the scope of their         12,008       

                                                          261    

                                                                 
professions, unless the information is provided by the ICF/MR      12,009       

from records it maintains to comply with federal regulations       12,010       

regarding standard drug regimen reviews and the nurse determines   12,011       

that the information from the facility is current, valid, and      12,012       

accurate.                                                          12,013       

      (6)  An ICF/MR worker to whom a nurse has delegated          12,015       

authority to give oral or apply topical medications shall perform  12,016       

those tasks only pursuant to the direction and supervision of a    12,017       

nurse who is authorized to delegate the authority.  The direction  12,018       

and supervision may be provided on-site or, pursuant to some       12,019       

means of telecommunication, off-site.  The nurse shall direct and  12,020       

supervise the ICF/MR worker in accordance with standards           12,021       

established by the board of nursing in rules adopted under         12,022       

section 4723.61 of the Revised Code.                               12,023       

      (E)(1)  Except as provided in division (E)(4) of this        12,025       

section, to be eligible to give oral or apply topical medications  12,026       

pursuant to division (D) of this section, an ICF/MR worker must    12,027       

successfully complete a medication course for ICF/MR workers that  12,028       

has been approved as meeting the standards established for such    12,029       

courses by the board of nursing in rules adopted under section     12,030       

4723.61 of the Revised Code.  To be eligible to take the           12,031       

medication course, the worker must meet the eligibility standards  12,032       

established in rules adopted under section 4723.61 of the Revised  12,033       

Code.                                                              12,034       

      The medication course for ICF/MR workers shall consist of    12,036       

the following units of instruction:                                12,037       

      (a)  A core module consisting of at least ten hours of       12,039       

instruction that covers general information about medication       12,040       

administration, except that the course instructor may waive any    12,041       

portion of the module if the worker provides documentation that    12,042       

he THE WORKER has successfully completed training in the portion   12,043       

that would be waived and the instructor determines that the        12,044       

worker's knowledge in that area is current and adequate;           12,045       

      (b)  Three practical modules that correlate with the         12,047       

                                                          262    

                                                                 
medications the worker will be giving or applying, each            12,048       

consisting of at least five hours of instruction.  A separate      12,049       

module shall be completed in each of the following areas:  oral    12,050       

medication; topical medication; and eye, ear, and nose drops and   12,051       

ointments.                                                         12,052       

      (2)  Successful completion of the medication course for      12,054       

ICF/MR workers may be achieved only by doing both of the           12,055       

following:                                                         12,056       

      (a)  Receiving a score of at least eighty per cent on the    12,058       

final written examination of the core module;                      12,059       

      (b)  Completing five successful demonstrations of giving or  12,061       

applying medications in each of the three practical modules.  To   12,062       

be considered successful, each demonstration must consist of       12,063       

performing the whole process of giving or applying a medication,   12,064       

including all hand washing and record keeping requirements.  The   12,065       

demonstrations shall be supervised by a registered nurse or a      12,066       

licensed practical nurse who has successfully completed a course   12,067       

in medication administration approved by the board of nursing and  12,068       

is acting at the direction of a registered nurse.                  12,069       

      (3)  To remain eligible to give oral and apply topical       12,071       

medications, an ICF/MR worker shall, beginning one year after the  12,072       

successful completion of initial training, annually complete at    12,073       

least four contact hours of training related to medication that    12,074       

meets the standards established by the board of nursing in rules   12,075       

adopted under section 4723.61 of the Revised Code.  The training   12,076       

shall be arranged by a nurse and may occur in the ICF/MR.          12,077       

      (4)  An ICF/MR worker who, on or before the effective date   12,079       

of this section, successfully completed the training program       12,080       

described in the "program manual for implementation of the         12,081       

medication administration by unlicensed personnel in ICF/MR group  12,082       

homes of 15 beds or less," as developed by the departments of      12,083       

health and mental retardation and developmental disabilities, is   12,084       

not required to complete the medication course for ICF/MR workers  12,085       

as a condition of being eligible to give oral or apply topical     12,086       

                                                          263    

                                                                 
medications pursuant to division (D) of this section.  Such a      12,087       

worker is subject to all other requirements of this section,       12,088       

including the annual completion of at least four contact hours of  12,089       

training related to medication.  The annual training requirement   12,090       

begins for such a worker one year after the effective date of      12,091       

this section.                                                      12,092       

      (F)  An ICF/MR worker who is authorized under division (D)   12,094       

of this section to give or apply medication is not liable for any  12,095       

injury caused by the medication if both of the following apply:    12,096       

      (1)  The worker gave or applied the medication in            12,098       

accordance with the methods that were taught in training           12,099       

completed pursuant to this section;                                12,100       

      (2)  The worker did not act in a manner that constitutes     12,102       

wanton or reckless misconduct.                                     12,103       

      (G)  Any individual or entity, including the board of        12,105       

nursing, may file a complaint with the department of mental        12,106       

retardation and developmental disabilities regarding the           12,107       

performance by or qualifications of a person who gives oral or     12,108       

applies topical medications pursuant to this section.              12,109       

      (H)(1)  The department of mental retardation and             12,111       

developmental disabilities shall adopt rules establishing the      12,112       

following:                                                         12,113       

      (a)  Procedures the department will follow to correct        12,115       

violations of this section;                                        12,116       

      (b)  A process for accepting and acting on complaints made   12,118       

by the board of nursing or any other person or entity regarding    12,119       

the performance or qualifications of an ICF/MR worker to give      12,120       

oral or apply topical medications.                                 12,121       

      (2)  The department shall adopt initial rules not later      12,123       

than ninety days after the effective date of this section.  The    12,124       

rules shall be adopted in accordance with Chapter 119. of the      12,125       

Revised Code and shall be consistent with any applicable           12,126       

requirements established in rules adopted by the board of nursing  12,127       

under section 4723.61 of the Revised Code.                         12,128       

                                                          264    

                                                                 
      (I)  This section does not require an ICF/MR worker to give  12,130       

oral or apply topical medications unless such a requirement is     12,131       

established by the facility's policy adopted under division (B)    12,132       

of this section.                                                   12,133       

      Sec. 5126.35.  As used in this section and in sections       12,142       

5126.351 to 5126.356 of the Revised Code:                          12,143       

      (A)  "County board client" means a person enrolled in a      12,146       

program offered by a county board of mental retardation and        12,147       

developmental disabilities or receiving services from a county     12,148       

board.                                                                          

      (B)  "County board worker" means a person who is employed    12,151       

by a county board of mental retardation and developmental          12,152       

disabilities or provides services to county board clients either   12,153       

as a volunteer or pursuant to a contract with the board, except    12,154       

that "county board worker" does not include a health care          12,155       

professional acting within the scope of his professional license   12,156       

or certificate.                                                                 

      (C)  "Delegated nursing task" means a task that is within    12,159       

the scope of practice of a nurse as determined pursuant to         12,160       

Chapter 4723. of the Revised Code and is delegated by a nurse to   12,161       

a county board worker pursuant to a policy adopted by a county     12,162       

board under section 5126.351 of the Revised Code.                  12,163       

      (D)  "Health care professional" means any of the following:  12,166       

      (1)  A dentist who holds a valid license issued under        12,168       

Chapter 4715. of the Revised Code;                                 12,169       

      (2)  A registered or licensed practical nurse who holds a    12,172       

valid license issued under Chapter 4723. of the Revised Code;      12,173       

      (3)  An optometrist who holds a valid license issued under   12,176       

Chapter 4725. of the Revised Code;                                              

      (4)  A pharmacist who holds a valid license issued under     12,178       

Chapter 4729. of the Revised Code;                                 12,179       

      (5)  A doctor of medicine or osteopathic medicine,           12,181       

podiatrist, or a practitioner of a limited branch of medicine who  12,182       

holds a valid certificate issued under Chapter 4731. of the        12,184       

                                                          265    

                                                                 
Revised Code;                                                                   

      (6)  A physician's assistant for whom a physician holds a    12,187       

valid certificate of registration issued under section 4730.04 of  12,188       

the Revised Code;                                                               

      (7)  An occupational therapist or occupational therapy       12,190       

assistant or a physical therapist or physical therapy assistant    12,191       

who holds a valid license issued under Chapter 4755. of the        12,193       

Revised Code;                                                                   

      (8)  A respiratory care professional who holds a valid       12,195       

license issued under Chapter 4761. of the Revised Code.            12,197       

      (E)  "Nurse" means a registered nurse or licensed practical  12,200       

nurse who holds a valid license issued under Chapter 4723. of the  12,201       

Revised Code.                                                                   

      (F)  "Prescribed medication" means a drug described in       12,204       

section 4729.02 4729.01 of the Revised Code that is to be taken    12,205       

orally or applied topically pursuant to the instructions of a      12,206       

health care professional who is authorized by law to prescribe     12,207       

drugs.                                                                          

      Sec. 5739.02.  For the purpose of providing revenue with     12,216       

which to meet the needs of the state, for the use of the general   12,217       

revenue fund of the state, for the purpose of securing a thorough  12,218       

and efficient system of common schools throughout the state, for   12,219       

the purpose of affording revenues, in addition to those from       12,220       

general property taxes, permitted under constitutional             12,221       

limitations, and from other sources, for the support of local      12,222       

governmental functions, and for the purpose of reimbursing the     12,223       

state for the expense of administering this chapter, an excise     12,224       

tax is hereby levied on each retail sale made in this state.       12,225       

      (A)  The tax shall be collected pursuant to the schedules    12,227       

in section 5739.025 of the Revised Code.                           12,228       

      The tax applies and is collectible when the sale is made,    12,230       

regardless of the time when the price is paid or delivered.        12,231       

      In the case of a sale, the price of which consists in whole  12,233       

or in part of rentals for the use of the thing transferred, the    12,234       

                                                          266    

                                                                 
tax, as regards such rentals, shall be measured by the             12,235       

installments thereof.                                              12,236       

      In the case of a sale of a service defined under division    12,238       

(MM) or (NN) of section 5739.01 of the Revised Code, the price of  12,239       

which consists in whole or in part of a membership for the         12,240       

receipt of the benefit of the service, the tax applicable to the   12,241       

sale shall be measured by the installments thereof.                12,242       

      (B)  The tax does not apply to the following:                12,244       

      (1)  Sales to the state or any of its political              12,246       

subdivisions, or to any other state or its political subdivisions  12,247       

if the laws of that state exempt from taxation sales made to this  12,248       

state and its political subdivisions;                              12,249       

      (2)  Sales of food for human consumption off the premises    12,251       

where sold;                                                        12,252       

      (3)  Sales of food sold to students only in a cafeteria,     12,254       

dormitory, fraternity, or sorority maintained in a private,        12,255       

public, or parochial school, college, or university;               12,256       

      (4)  Sales of newspapers, and of magazine subscriptions      12,258       

shipped by second class mail, and sales or transfers of magazines  12,259       

distributed as controlled circulation publications;                12,260       

      (5)  The furnishing, preparing, or serving of meals without  12,262       

charge by an employer to an employee provided the employer         12,263       

records the meals as part compensation for services performed or   12,264       

work done;                                                         12,265       

      (6)  Sales of motor fuel upon receipt, use, distribution,    12,268       

or sale of which in this state a tax is imposed by the law of      12,269       

this state, but this exemption shall not apply to the sale of      12,270       

motor fuel on which a refund of the tax is allowable under         12,271       

section 5735.14 of the Revised Code; and the tax commissioner may  12,272       

deduct the amount of tax levied by this section applicable to the  12,273       

price of motor fuel when granting a refund of motor fuel tax       12,274       

pursuant to section 5735.14 of the Revised Code and shall cause    12,275       

the amount deducted to be paid into the general revenue fund of    12,276       

this state;                                                                     

                                                          267    

                                                                 
      (7)  Sales of natural gas by a natural gas company, of       12,278       

electricity by an electric company, of water by a water-works      12,279       

company, or of steam by a heating company, if in each case the     12,280       

thing sold is delivered to consumers through wires, pipes, or      12,281       

conduits, and all sales of communications services by a telephone  12,282       

or telegraph company, all terms as defined in section 5727.01 of   12,283       

the Revised Code;                                                  12,284       

      (8)  Casual sales by a person, or auctioneer employed        12,286       

directly by the person to conduct such sales, except as to such    12,288       

sales of motor vehicles, watercraft or outboard motors required    12,289       

to be titled under section 1548.06 of the Revised Code,            12,290       

watercraft documented with the United States coast guard,          12,291       

snowmobiles, all-purpose vehicles as defined in section 4519.01    12,292       

of the Revised Code, and manufactured homes;                       12,293       

      (9)  Sales of services or tangible personal property, other  12,295       

than motor vehicles and manufactured homes, by churches or by      12,296       

nonprofit organizations operated exclusively for charitable        12,297       

purposes as defined in division (B)(12) of this section, provided  12,298       

that the number of days on which such tangible personal property   12,299       

or services, other than items never subject to the tax, are sold   12,300       

does not exceed six in any calendar year.  If the number of days   12,301       

on which such sales are made exceeds six in any calendar year,     12,302       

the church or organization shall be considered to be engaged in    12,303       

business and all subsequent sales by it shall be subject to the    12,304       

tax.  In counting the number of days, all sales by groups within   12,305       

a church or within an organization shall be considered to be       12,306       

sales of that church or organization, except that sales made by    12,307       

separate student clubs and other groups of students of a primary   12,308       

or secondary school, and sales made by a parent-teacher            12,309       

association, booster group, or similar organization that raises    12,310       

money to support or fund curricular or extracurricular activities  12,311       

of a primary or secondary school, shall not be considered to be    12,312       

sales of such school, and sales by each such club, group,          12,313       

association, or organization shall be counted separately for       12,314       

                                                          268    

                                                                 
purposes of the six-day limitation.  This division does not apply  12,315       

to sales by a noncommercial educational radio or television        12,316       

broadcasting station.                                              12,317       

      (10)  Sales not within the taxing power of this state under  12,319       

the Constitution of the United States;                             12,320       

      (11)  The transportation of persons or property, unless the  12,322       

transportation is by a private investigation and security          12,323       

service;                                                           12,324       

      (12)  Sales of tangible personal property or services to     12,326       

churches, to organizations exempt from taxation under section      12,327       

501(c)(3) of the Internal Revenue Code of 1986, and to any other   12,328       

nonprofit organizations operated exclusively for charitable        12,329       

purposes in this state, no part of the net income of which inures  12,330       

to the benefit of any private shareholder or individual, and no    12,331       

substantial part of the activities of which consists of carrying   12,332       

on propaganda or otherwise attempting to influence legislation;    12,333       

sales to offices administering one or more homes for the aged or   12,334       

one or more hospital facilities exempt under section 140.08 of     12,335       

the Revised Code; and sales to organizations described in          12,336       

division (D) of section 5709.12 of the Revised Code.               12,337       

      "Charitable purposes" means the relief of poverty; the       12,339       

improvement of health through the alleviation of illness,          12,340       

disease, or injury; the operation of an organization exclusively   12,342       

for the provision of professional, laundry, printing, and          12,343       

purchasing services to hospitals or charitable institutions; the   12,345       

operation of a home for the aged, as defined in section 5701.13    12,346       

of the Revised Code; the operation of a radio or television        12,347       

broadcasting station that is licensed by the federal               12,348       

communications commission as a noncommercial educational radio or  12,349       

television station; the operation of a nonprofit animal adoption   12,351       

service or a county humane society; the promotion of education by  12,352       

an institution of learning that maintains a faculty of qualified   12,353       

instructors, teaches regular continuous courses of study, and                   

confers a recognized diploma upon completion of a specific         12,354       

                                                          269    

                                                                 
curriculum; the operation of a parent teacher association,         12,355       

booster group, or similar organization primarily engaged in the    12,356       

promotion and support of the curricular or extracurricular         12,357       

activities of a primary or secondary school; the operation of a    12,358       

community or area center in which presentations in music,          12,359       

dramatics, the arts, and related fields are made in order to       12,360       

foster public interest and education therein; the production of    12,361       

performances in music, dramatics, and the arts; or the promotion   12,363       

of education by an organization engaged in carrying on research                 

in, or the dissemination of, scientific and technological          12,364       

knowledge and information primarily for the public.                12,365       

      Nothing in this division shall be deemed to exempt sales to  12,367       

any organization for use in the operation or carrying on of a      12,368       

trade or business, or sales to a home for the aged for use in the  12,369       

operation of independent living facilities as defined in division  12,370       

(A) of section 5709.12 of the Revised Code.                        12,371       

      (13)  Building and construction materials and services sold  12,373       

to construction contractors for incorporation into a structure or  12,374       

improvement to real property under a construction contract with    12,375       

this state or a political subdivision thereof, or with the United  12,376       

States government or any of its agencies; building and             12,377       

construction materials and services sold to construction           12,378       

contractors for incorporation into a structure or improvement to   12,379       

real property that are accepted for ownership by this state or     12,381       

any of its political subdivisions, or by the United States         12,382       

government or any of its agencies at the time of completion of     12,383       

such structures or improvements; building and construction         12,384       

materials sold to construction contractors for incorporation into  12,385       

a horticulture structure or livestock structure for a person       12,386       

engaged in the business of horticulture or producing livestock;    12,387       

building materials and services sold to a construction contractor  12,388       

for incorporation into a house of public worship or religious      12,389       

education, or a building used exclusively for charitable purposes  12,390       

under a construction contract with an organization whose purpose   12,391       

                                                          270    

                                                                 
is as described in division (B)(12) of this section; building and  12,392       

construction materials sold for incorporation into the original    12,393       

construction of a sports facility under section 307.696 of the     12,394       

Revised Code; and building and construction materials and          12,395       

services sold to a construction contractor for incorporation into  12,396       

real property outside this state if such materials and services,   12,397       

when sold to a construction contractor in the state in which the   12,398       

real property is located for incorporation into real property in   12,399       

that state, would be exempt from a tax on sales levied by that     12,400       

state;                                                             12,401       

      (14)  Sales of ships or vessels or rail rolling stock used   12,403       

or to be used principally in interstate or foreign commerce, and   12,404       

repairs, alterations, fuel, and lubricants for such ships or       12,405       

vessels or rail rolling stock;                                     12,406       

      (15)  Sales to persons engaged in any of the activities      12,408       

mentioned in division (E)(2) or (9) of section 5739.01 of the      12,409       

Revised Code, to persons engaged in making retail sales, or to     12,410       

persons who purchase for sale from a manufacturer tangible         12,411       

personal property that was produced by the manufacturer in         12,412       

accordance with specific designs provided by the purchaser, of     12,413       

packages, including material and parts for packages, and of        12,414       

machinery, equipment, and material for use primarily in packaging  12,415       

tangible personal property produced for sale by or on the order    12,416       

of the person doing the packaging, or sold at retail.  "Packages"  12,417       

includes bags, baskets, cartons, crates, boxes, cans, bottles,     12,418       

bindings, wrappings, and other similar devices and containers,     12,419       

and "packaging" means placing therein.                             12,420       

      (16)  Sales of food to persons using food stamp coupons to   12,422       

purchase the food.  As used in division (B)(16) of this section,   12,423       

"food" has the same meaning as in the "Food Stamp Act of 1977,"    12,424       

91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations   12,425       

adopted pursuant to that act.                                      12,426       

      (17)  Sales to persons engaged in farming, agriculture,      12,428       

horticulture, or floriculture, of tangible personal property for   12,429       

                                                          271    

                                                                 
use or consumption directly in the production by farming,          12,430       

agriculture, horticulture, or floriculture of other tangible       12,431       

personal property for use or consumption directly in the           12,432       

production of tangible personal property for sale by farming,      12,433       

agriculture, horticulture, or floriculture; or material and parts  12,434       

for incorporation into any such tangible personal property for     12,435       

use or consumption in production; and of tangible personal         12,436       

property for such use or consumption in the conditioning or        12,437       

holding of products produced by and for such use, consumption, or  12,438       

sale by persons engaged in farming, agriculture, horticulture, or  12,439       

floriculture, except where such property is incorporated into      12,440       

real property;                                                     12,441       

      (18)  Sales of drugs dispensed by a registered LICENSED      12,443       

pharmacist upon the order of a practitioner licensed HEALTH        12,445       

PROFESSIONAL AUTHORIZED to prescribe, dispense, and administer     12,447       

drugs to a human being in the course of the professional           12,448       

practice, AS DEFINED IN SECTION 4729.01 OF THE REVISED CODE;                    

insulin as recognized in the official United States                12,450       

pharmacopoeia; urine and blood testing materials when used by      12,451       

diabetics or persons with hypoglycemia to test for glucose or      12,452       

acetone; hypodermic syringes and needles when used by diabetics    12,453       

for insulin injections; epoetin alfa when purchased for use in                  

the treatment of persons with end-stage renal disease; hospital    12,454       

beds when purchased for use by persons with medical problems for   12,456       

medical purposes; and oxygen and oxygen-dispensing equipment when  12,457       

purchased for use by persons with medical problems for medical     12,458       

purposes;                                                                       

      (19)  Sales of artificial limbs or portion thereof, breast   12,460       

prostheses, and other prosthetic devices for humans; braces or     12,461       

other devices for supporting weakened or nonfunctioning parts of   12,462       

the human body; wheelchairs; devices used to lift wheelchairs      12,463       

into motor vehicles and parts and accessories to such devices;     12,464       

crutches or other devices to aid human perambulation; and items    12,465       

of tangible personal property used to supplement impaired          12,466       

                                                          272    

                                                                 
functions of the human body such as respiration, hearing, or       12,467       

elimination.  No exemption under this division shall be allowed    12,468       

for nonprescription drugs, medicines, or remedies; items or        12,469       

devices used to supplement vision; items or devices whose          12,470       

function is solely or primarily cosmetic; or physical fitness      12,471       

equipment.  This division does not apply to sales to a physician   12,472       

or medical facility for use in the treatment of a patient.         12,473       

      (20)  Sales of emergency and fire protection vehicles and    12,475       

equipment to nonprofit organizations for use solely in providing   12,476       

fire protection and emergency services for political subdivisions  12,477       

of the state;                                                      12,478       

      (21)  Sales of tangible personal property manufactured in    12,480       

this state, if sold by the manufacturer in this state to a         12,481       

retailer for use in the retail business of the retailer outside    12,482       

of this state and if possession is taken from the manufacturer by  12,484       

the purchaser within this state for the sole purpose of            12,485       

immediately removing the same from this state in a vehicle owned   12,486       

by the purchaser;                                                               

      (22)  Sales of services provided by the state or any of its  12,488       

political subdivisions, agencies, instrumentalities,               12,489       

institutions, or authorities, or by governmental entities of the   12,490       

state or any of its political subdivisions, agencies,              12,491       

instrumentalities, institutions, or authorities;                   12,492       

      (23)  Sales of motor vehicles to nonresidents of this state  12,494       

upon the presentation of an affidavit executed in this state by    12,495       

the nonresident purchaser affirming that the purchaser is a        12,496       

nonresident of this state, that possession of the motor vehicle    12,497       

is taken in this state for the sole purpose of immediately         12,498       

removing it from this state, that the motor vehicle will be        12,499       

permanently titled and registered in another state, and that the   12,500       

motor vehicle will not be used in this state;                      12,501       

      (24)  Sales to persons engaged in the preparation of eggs    12,503       

for sale of tangible personal property used or consumed directly   12,504       

in such preparation, including such tangible personal property     12,505       

                                                          273    

                                                                 
used for cleaning, sanitizing, preserving, grading, sorting, and   12,506       

classifying by size; packages, including material and parts for    12,507       

packages, and machinery, equipment, and material for use in        12,508       

packaging eggs for sale; and handling and transportation           12,509       

equipment and parts therefor, except motor vehicles licensed to    12,510       

operate on public highways, used in intraplant or interplant       12,511       

transfers or shipment of eggs in the process of preparation for    12,512       

sale, when the plant or plants within or between which such        12,513       

transfers or shipments occur are operated by the same person.      12,514       

"Packages" includes containers, cases, baskets, flats, fillers,    12,515       

filler flats, cartons, closure materials, labels, and labeling     12,516       

materials, and "packaging" means placing therein.                  12,517       

      (25)(a)  Sales of water to a consumer for residential use,   12,519       

except the sale of bottled water, distilled water, mineral water,  12,520       

carbonated water, or ice;                                          12,521       

      (b)  Sales of water by a nonprofit corporation engaged       12,523       

exclusively in the treatment, distribution, and sale of water to   12,524       

consumers, if such water is delivered to consumers through pipes   12,525       

or tubing.                                                         12,526       

      (26)  Fees charged for inspection or reinspection of motor   12,528       

vehicles under section 3704.14 of the Revised Code;                12,529       

      (27)  Sales of solar, wind, or hydrothermal energy systems   12,531       

that meet the guidelines established under division (B) of         12,532       

section 1551.20 of the Revised Code, components of such systems    12,533       

that are identified under division (B) or (D) of that section, or  12,534       

charges for the installation of such systems or components, made   12,535       

during the period from August 14, 1979, through December 31,       12,536       

1985;                                                              12,537       

      (28)  Sales to persons licensed to conduct a food service    12,539       

operation pursuant to section 3732.03 of the Revised Code, of      12,540       

tangible personal property primarily used directly for the         12,541       

following:                                                                      

      (a)  To prepare food for human consumption for sale;         12,543       

      (b)  To preserve food that has been or will be prepared for  12,546       

                                                          274    

                                                                 
human consumption for sale by the food service operator, not                    

including tangible personal property used to display food for      12,547       

selection by the consumer;                                         12,548       

      (c)  To clean tangible personal property used to prepare or  12,550       

serve food for human consumption for sale.                         12,551       

      (29)  Sales of animals by nonprofit animal adoption          12,553       

services or county humane societies;                               12,554       

      (30)  Sales of services to a corporation described in        12,556       

division (A) of section 5709.72 of the Revised Code, and sales of  12,557       

tangible personal property that qualifies for exemption from       12,558       

taxation under section 5709.72 of the Revised Code;                12,559       

      (31)  Sales and installation of agricultural land tile, as   12,561       

defined in division (B)(5)(a) of section 5739.01 of the Revised    12,562       

Code;                                                              12,563       

      (32)  Sales and erection or installation of portable grain   12,565       

bins, as defined in division (B)(5)(b) of section 5739.01 of the   12,566       

Revised Code;                                                      12,567       

      (33)  The sale, lease, repair, and maintenance of; parts     12,569       

for; or items attached to or incorporated in motor vehicles that   12,570       

are primarily used for transporting tangible personal property by  12,571       

a person engaged in highway transportation for hire;               12,572       

      (34)  Sales to the state headquarters of any veterans'       12,574       

organization in Ohio that is either incorporated and issued a      12,575       

charter by the congress of the United States or is recognized by   12,576       

the United States veterans administration, for use by the          12,577       

headquarters;                                                      12,578       

      (35)  Sales to a telecommunications service vendor of        12,580       

tangible personal property and services used directly and          12,581       

primarily in transmitting, receiving, switching, or recording any  12,582       

interactive, two-way electromagnetic communications, including     12,583       

voice, image, data, and information, through the use of any        12,584       

medium, including, but not limited to, poles, wires, cables,       12,585       

switching equipment, computers, and record storage devices and     12,586       

media, and component parts for the tangible personal property.     12,587       

                                                          275    

                                                                 
The exemption provided in division (B)(35) of this section shall   12,588       

be in lieu of all other exceptions under division (E)(2) of        12,589       

section 5739.01 of the Revised Code to which a telecommunications  12,590       

service vendor may otherwise be entitled based upon the use of     12,591       

the thing purchased in providing the telecommunications service.   12,592       

      (36)  Sales of investment metal bullion and investment       12,594       

coins.  "Investment metal bullion" means any elementary precious   12,595       

metal that has been put through a process of smelting or           12,596       

refining, including, but not limited to, gold, silver, platinum,   12,597       

and palladium, and which is in such state or condition that its    12,598       

value depends upon its content and not upon its form.              12,599       

"Investment metal bullion" does not include fabricated precious    12,600       

metal that has been processed or manufactured for one or more      12,602       

specific and customary industrial, professional, or artistic       12,603       

uses.  "Investment coins" means numismatic coins or other forms    12,604       

of money and legal tender manufactured of gold, silver, platinum,  12,605       

palladium, or other metal under the laws of the United States or   12,606       

any foreign nation with a fair market value greater than any       12,607       

statutory or nominal value of such coins.                          12,608       

      (37)(a)  Sales where the purpose of the consumer is to use   12,610       

or consume the things transferred in making retail sales and       12,611       

consisting of newspaper inserts, catalogues, coupons, flyers,      12,612       

gift certificates, or other advertising material that prices and   12,614       

describes tangible personal property offered for retail sale.      12,615       

      (b)  Sales to direct marketing vendors of preliminary        12,617       

materials such as photographs, artwork, and typesetting that will  12,618       

be used in printing advertising material; of printed matter that   12,619       

offers free merchandise or chances to win sweepstake prizes and    12,620       

that is mailed to potential customers with advertising material    12,621       

described in division (B)(37)(a) of this section; and of           12,622       

equipment such as telephones, computers, facsimile machines, and   12,623       

similar tangible personal property primarily used to accept        12,624       

orders for direct marketing retail sales.                          12,625       

      (c)  Sales of automatic food vending machines that preserve  12,627       

                                                          276    

                                                                 
food with a shelf life of forty-five days or less by               12,628       

refrigeration and dispense it to the consumer.                     12,629       

      For purposes of division (B)(37) of this section, "direct    12,631       

marketing" means the method of selling where consumers order       12,632       

tangible personal property by United States mail, delivery         12,633       

service, or telecommunication and the vendor delivers or ships     12,634       

the tangible personal property sold to the consumer from a         12,635       

warehouse, catalogue distribution center, or similar fulfillment   12,636       

facility by means of the United States mail, delivery service, or  12,637       

common carrier.                                                    12,638       

      (38)  Sales to a person engaged in the business of           12,640       

horticulture or producing livestock of materials to be             12,641       

incorporated into a horticulture structure or livestock            12,642       

structure;                                                         12,643       

      (39)  The sale of a motor vehicle that is used exclusively   12,645       

for a vanpool ridesharing arrangement to persons participating in  12,646       

the vanpool ridesharing arrangement when the vendor is selling     12,647       

the vehicle pursuant to a contract between the vendor and the      12,648       

department of transportation;                                                   

      (40)  Sales of personal computers, computer monitors,        12,650       

computer keyboards, modems, and other peripheral computer          12,651       

equipment to an individual who is licensed or certified to teach   12,652       

in an elementary or a secondary school in this state for use by    12,653       

that individual in preparation for teaching elementary or                       

secondary school students;                                         12,654       

      (41)  Sales to a professional racing team of any of the      12,656       

following:                                                         12,657       

      (a)  Motor racing vehicles;                                  12,659       

      (b)  Repair services for motor racing vehicles;              12,662       

      (c)  Items of property that are attached to or incorporated  12,665       

in motor racing vehicles, including engines, chassis, and all      12,666       

other components of the vehicles, and all spare, replacement, and  12,667       

rebuilt parts or components of the vehicles; except not including  12,668       

tires, consumable fluids, paint, and accessories consisting of     12,669       

                                                          277    

                                                                 
instrumentation sensors and related items added to the vehicle to  12,670       

collect and transmit data by means of telemetry and other forms    12,671       

of communication.                                                               

      For the purpose of the proper administration of this         12,673       

chapter, and to prevent the evasion of the tax, it is presumed     12,674       

that all sales made in this state are subject to the tax until     12,675       

the contrary is established.                                       12,676       

      As used in this section, except in division (B)(16) of this  12,678       

section, "food" includes cereals and cereal products, milk and     12,679       

milk products including ice cream, meat and meat products, fish    12,680       

and fish products, eggs and egg products, vegetables and           12,681       

vegetable products, fruits, fruit products, and pure fruit         12,682       

juices, condiments, sugar and sugar products, coffee and coffee    12,683       

substitutes, tea, and cocoa and cocoa products.  It does not       12,684       

include:  spirituous or malt liquors; soft drinks; sodas and       12,685       

beverages that are ordinarily dispensed at bars and soda           12,686       

fountains or in connection therewith, other than coffee, tea, and  12,687       

cocoa; root beer and root beer extracts; malt and malt extracts;   12,688       

mineral oils, cod liver oils, and halibut liver oil; medicines,    12,689       

including tonics, vitamin preparations, and other products sold    12,690       

primarily for their medicinal properties; and water, including     12,691       

mineral, bottled, and carbonated waters, and ice.                  12,692       

      (C)  The levy of an excise tax on transactions by which      12,694       

lodging by a hotel is or is to be furnished to transient guests    12,695       

pursuant to this section and division (B) of section 5739.01 of    12,696       

the Revised Code does not prevent any of the following:            12,697       

      (1)  A municipal corporation or township from levying an     12,699       

excise tax for any lawful purpose not to exceed three per cent on  12,700       

transactions by which lodging by a hotel is or is to be furnished  12,701       

to transient guests in addition to the tax levied by this          12,702       

section.  If a municipal corporation or township repeals a tax     12,703       

imposed under division (C)(1) of this section and a county in      12,704       

which the municipal corporation or township has territory has a    12,705       

tax imposed under division (C) of section 5739.024 of the Revised  12,706       

                                                          278    

                                                                 
Code in effect, the municipal corporation or township may not      12,707       

reimpose its tax as long as that county tax remains in effect.  A  12,708       

municipal corporation or township in which a tax is levied under   12,709       

division (B)(2) of section 351.021 of the Revised Code may not     12,710       

increase the rate of its tax levied under division (C)(1) of this  12,711       

section to any rate that would cause the total taxes levied under  12,712       

both of those divisions to exceed three per cent on any lodging    12,713       

transaction within the municipal corporation or township.          12,714       

      (2)  A municipal corporation or a township from levying an   12,716       

additional excise tax not to exceed three per cent on such         12,717       

transactions pursuant to division (B) of section 5739.024 of the   12,718       

Revised Code.  Such tax is in addition to any tax imposed under    12,719       

division (C)(1) of this section.                                   12,720       

      (3)  A county from levying an excise tax pursuant to         12,722       

division (A) of section 5739.024 of the Revised Code.              12,723       

      (4)  A county from levying an excise tax not to exceed       12,725       

three per cent of such transactions pursuant to division (C) of    12,726       

section 5739.024 of the Revised Code.  Such a tax is in addition   12,727       

to any tax imposed under division (C)(3) of this section.          12,728       

      (5)  A convention facilities authority, as defined in        12,730       

division (A) of section 351.01 of the Revised Code, from levying   12,731       

the excise taxes provided for in division (B) of section 351.021   12,732       

of the Revised Code.                                               12,733       

      (6)  A county from levying an excise tax not to exceed one   12,735       

and one-half per cent of such transactions pursuant to division    12,736       

(D) of section 5739.024 of the Revised Code.  Such tax is in       12,737       

addition to any tax imposed under division (C)(3) or (4) of this   12,738       

section.                                                           12,739       

      (7)  A county from levying an excise tax not to exceed one   12,741       

and one-half per cent of such transactions pursuant to division    12,742       

(E) of section 5739.024 of the Revised Code.  Such a tax is in     12,743       

addition to any tax imposed under division (C)(3), (4), or (6) of  12,744       

this section.                                                      12,745       

      (D)  The levy of this tax on retail sales of recreation and  12,747       

                                                          279    

                                                                 
sports club service shall not prevent a municipal corporation      12,748       

from levying any tax on recreation and sports club dues or on any  12,749       

income generated by recreation and sports club dues.               12,750       

      Section 2.  That existing sections 1337.15, 1337.16,         12,753       

2133.11, 2133.12, 2305.234, 2305.25, 2305.33, 2913.02, 2913.51,    12,755       

2925.01, 2925.02, 2925.03, 2925.09, 2925.11, 2925.12, 2925.14,     12,756       

2925.23, 2925.50, 2927.24, 3313.713, 3701.33, 3709.161, 3715.01,   12,758       

3715.03, 3715.52, 3715.53, 3715.54, 3715.55, 3715.56, 3715.57,     12,759       

3715.59, 3715.63, 3715.64, 3715.65, 3715.66, 3715.69, 3715.70,     12,761       

3715.71, 3715.73, 3719.01, 3719.011, 3719.05, 3719.06, 3719.07,    12,763       

3719.08, 3719.09, 3719.12, 3719.121, 3719.15, 3719.172, 3719.19,   12,764       

3719.30, 3719.34, 3719.35, 3719.36, 3719.42, 3719.44, 3719.61,     12,765       

3719.81, 3719.99, 3729.01, 4121.443, 4301.01, 4301.69, 4303.01,    12,766       

4303.21, 4303.27, 4303.34, 4506.01, 4723.28, 4725.01, 4729.01,     12,769       

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

4729.12, 4729.13, 4729.14, 4729.15, 4729.16, 4729.25, 4729.26,     12,771       

4729.27, 4729.28, 4729.29, 4729.30, 4729.36, 4729.37, 4729.38,     12,772       

4729.381, 4729.51, 4729.52, 4729.54, 4729.55, 4729.57, 4729.59,    12,773       

4729.60, 4729.63, 4729.66, 4729.67, 4731.052, 4731.22, 4741.22,    12,774       

5123.193, 5126.35, and 5739.02, and sections 4729.021, 4729.261,   12,778       

and 4729.262 of the Revised Code are hereby repealed.              12,779       

      Section 3.  The amendment of section 2305.234 of the         12,781       

Revised Code is not intended to supersede the earlier repeal,      12,782       

with delayed effective date, of that section.                      12,783       

      Section 4.  Section 2913.02 of the Revised Code is           12,785       

presented in this act as a composite of the section as amended by  12,786       

both Am. Sub. S.B. 2 and Sub. H.B. 4 of the 121st General          12,787       

Assembly, with the new language of neither of the acts shown in    12,789       

capital letters. Section 2913.51 of the Revised Code is presented  12,790       

in this act as a composite of the section as amended by both Am.   12,792       

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.  12,794       

Section 2925.01 of the Revised Code is presented in this act as a  12,795       

composite of the section as amended by Am. Sub. S.B. 143, Sub.     12,797       

                                                          280    

                                                                 
H.B. 125, Am. Sub. S.B. 269, and Sub. S.B. 223 of the 121st        12,799       

General Assembly, with the new language of none of the acts shown  12,801       

in capital letters.  Section 3719.01 of the Revised Code is        12,802       

presented in this act as a composite of the section as amended by  12,803       

both Am. Sub. H.B. 162 and Am. Sub. S.B. 269 of the 121st General  12,804       

Assembly, with the new language of neither of the acts shown in    12,805       

capital letters.  This is in recognition of the principle stated   12,807       

in division (B) of section 1.52 of the Revised Code that such      12,808       

amendments are to be harmonized where not substantively            12,809       

irreconcilable and constitutes a legislative finding that such is  12,810       

the resulting version in effect prior to the effective date of     12,811       

this act.