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
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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
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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
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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
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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.