As Introduced 1
123rd General Assembly 4
Regular Session H. B. No. 241 5
1999-2000 6
REPRESENTATIVES HOLLISTER-WOMER BENJAMIN-GRENDELL-R.MILLER- 8
TERWILLEGER-OGG-OPFER-MEAD-JONES-SULZER-SUTTON-PERZ-WILLIAMS- 9
ALLEN-HARTNETT-CALLENDER-D.MILLER-HOOD-YOUNG-BENDER-HOUSEHOLDER- 10
SMITH-CAREY 11
_________________________________________________________________ 12
A B I L L
To amend sections 2925.02, 2925.03, 2925.11, 14
2925.12, 2925.14, 2925.23, 2925.36, 3719.81, 15
4723.02, 4723.06, 4723.07, 4723.08, 4723.151,
4723.28, 4723.42, 4723.43, 4723.431, 4723.44, 16
4723.47, 4723.52, 4723.56, 4723.561, 4723.57, 17
4723.58, 4723.59, 4729.01, 4729.51, and 4731.22; 18
to enact sections 4723.48 and 4723.49; and to 19
repeal two years after the effective date of this 20
act sections 4723.56, 4723.561, 4723.57, and 21
4723.58 of the Revised Code and to amend Section
3 of Am. Sub. H.B. 478 of the 119th General 22
Assembly, as subsequently amended, to permit
certified registered nurse anesthetists, clinical 24
nurse specialists, certified nurse-midwives, and 25
certified nurse practitioners to prescribe drugs
and therapeutic devices. 26
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 28
Section 1. That sections 2925.02, 2925.03, 2925.11, 30
2925.12, 2925.14, 2925.23, 2925.36, 3719.81, 4723.02, 4723.06, 31
4723.07, 4723.08, 4723.151, 4723.28, 4723.42, 4723.43, 4723.431, 32
4723.44, 4723.47, 4723.52, 4723.56, 4723.561, 4723.57, 4723.58, 33
4723.59, 4729.01, 4729.51, and 4731.22 be amended and sections 34
4723.48 and 4723.49 of the Revised Code be enacted to read as 35
2
follows:
Sec. 2925.02. (A) No person shall knowingly do any of the 44
following: 45
(1) By force, threat, or deception, administer to another 47
or induce or cause another to use a controlled substance; 48
(2) By any means, administer or furnish to another or 50
induce or cause another to use a controlled substance with 51
purpose to cause serious physical harm to the other person, or 52
with purpose to cause the other person to become drug dependent; 53
(3) By any means, administer or furnish to another or 55
induce or cause another to use a controlled substance, and 56
thereby cause serious physical harm to the other person, or cause 57
the other person to become drug dependent; 58
(4) By any means, do any of the following: 60
(a) Furnish or administer a controlled substance to a 62
juvenile who is at least two years the offender's junior, when 64
the offender knows the age of the juvenile or is reckless in that 65
regard;
(b) Induce or cause a juvenile who is at least two years 67
the offender's junior to use a controlled substance, when the 69
offender knows the age of the juvenile or is reckless in that 70
regard;
(c) Induce or cause a juvenile who is at least two years 72
the offender's junior to commit a felony drug abuse offense, when 74
the offender knows the age of the juvenile or is reckless in that 75
regard; 76
(d) Use a juvenile, whether or not the offender knows the 78
age of the juvenile, to perform any surveillance activity that is 79
intended to prevent the detection of the offender or any other 80
person in the commission of a felony drug abuse offense or to 81
prevent the arrest of the offender or any other person for the 82
commission of a felony drug abuse offense. 83
(B) Division (A)(1), (3), or (4) of this section does not 85
apply to manufacturers, wholesalers, licensed health 86
3
professionals authorized to prescribe drugs, pharmacists, owners 88
of pharmacies, and other persons whose conduct is in accordance 89
with Chapters 3719., 4715., 4723., 4729., 4731., and 4741. of the 90
Revised Code or section 4723.56 of the Revised Code.
(C) Whoever violates this section is guilty of corrupting 92
another with drugs. The penalty for the offense shall be 93
determined as follows: 94
(1) Except as otherwise provided in this division, if the 96
drug involved is any compound, mixture, preparation, or substance 98
included in schedule I or II, with the exception of marihuana, 99
corrupting another with drugs is a felony of the second degree, 100
and, subject to division (E) of this section, the court shall 101
impose as a mandatory prison term one of the prison terms 103
prescribed for a felony of the second degree. If the drug
involved is any compound, mixture, preparation, or substance 104
included in schedule I or II, with the exception of marihuana, 105
and if the offense was committed in the vicinity of a school, 106
corrupting another with drugs is a felony of the first degree, 107
and, subject to division (E) of this section, the court shall 108
impose as a mandatory prison term one of the prison terms 109
prescribed for a felony of the first degree.
(2) Except as otherwise provided in this division, if the 111
drug involved is any compound, mixture, preparation, or substance 112
included in schedule III, IV, or V, corrupting another with drugs 113
is a felony of the second degree, and there is a presumption for 114
a prison term for the offense. If the drug involved is any 115
compound, mixture, preparation, or substance included in schedule 116
III, IV, or V and if the offense was committed in the vicinity of 117
a school, corrupting another with drugs is a felony of the second 118
degree, and the court shall impose as a mandatory prison term one 119
of the prison terms prescribed for a felony of the second degree. 120
(3) Except as otherwise provided in this division, if the 122
drug involved is marihuana, corrupting another with drugs is a 124
felony of the fourth degree, and division (C) of section 2929.13 125
4
of the Revised Code applies in determining whether to impose a 126
prison term on the offender. If the drug involved is marihuana 127
and if the offense was committed in the vicinity of a school, 128
corrupting another with drugs is a felony of the third degree, 129
and division (C) of section 2929.13 of the Revised Code applies 130
in determining whether to impose a prison term on the offender. 131
(D) In addition to any prison term authorized or required 133
by division (C) or (E) of this section and sections 2929.13 and 134
2929.14 of the Revised Code and in addition to any other sanction 135
imposed for the offense under this section or sections 2929.11 to 136
2929.18 of the Revised Code, the court that sentences an offender 138
who is convicted of or pleads guilty to a violation of division 139
(A) of this section or the clerk of that court shall do all of 140
the following that are applicable regarding the offender:
(1)(a) If the violation is a felony of the first, second, 143
or third degree, the court shall impose upon the offender the
mandatory fine specified for the offense under division (B)(1) of 144
section 2929.18 of the Revised Code unless, as specified in that 145
division, the court determines that the offender is indigent. 146
(b) Notwithstanding any contrary provision of section 148
3719.21 of the Revised Code, any mandatory fine imposed pursuant 150
to division (D)(1)(a) of this section and any fine imposed for a 151
violation of this section pursuant to division (A) of section 152
2929.18 of the Revised Code shall be paid by the clerk of the 153
court in accordance with and subject to the requirements of, and 154
shall be used as specified in, division (F) of section 2925.03 of 155
the Revised Code.
(c) If a person is charged with any violation of this 157
section that is a felony of the first, second, or third degree, 159
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 160
this section as if it were a fine imposed for a violation of this 162
section.
(2) The court either shall revoke or, if it does not 165
5
revoke, shall suspend for not less than six months or more than 166
five years, the driver's or commercial driver's license or permit 167
of any person who is convicted of or pleads guilty to a violation 168
of this section that is a felony of the first degree and shall 169
suspend for not less than six months nor more than five years the 170
driver's or commercial driver's license or permit of any person 171
who is convicted of or pleads guilty to any other violation of 172
this section. If an offender's driver's or commercial driver's 173
license or permit is revoked pursuant to this division, the 174
offender, at any time after the expiration of two years from the 175
day on which the offender's sentence was imposed or from the day 176
on which the offender finally was released from a prison term 177
under the sentence, whichever is later, may file a motion with 178
the sentencing court requesting termination of the revocation. 179
Upon the filing of the motion and the court's finding of good 181
cause for the termination, the court may terminate the 182
revocation.
(3) If the offender is a professionally licensed person or 184
a person who has been admitted to the bar by order of the supreme 185
court in compliance with its prescribed and published rules, in 186
addition to any other sanction imposed for a violation of this 187
section, the court forthwith shall comply with section 2925.38 of 188
the Revised Code. 189
(E) Notwithstanding the prison term otherwise authorized 191
or required for the offense under division (C) of this section 192
and sections 2929.13 and 2929.14 of the Revised Code, if the 193
violation of division (A) of this section involves the sale, 195
offer to sell, or possession of a schedule I or II controlled 197
substance, with the exception of marihuana, and if the offender, 199
as a result of the violation, is a major drug offender, the 201
court, in lieu of the prison term that otherwise is authorized or 202
required, shall impose upon the offender the mandatory prison 203
term specified in division (D)(3)(a) of section 2929.14 of the 204
Revised Code and may impose an additional prison term under 205
6
division (D)(3)(b) of that section. 206
Sec. 2925.03. (A) No person shall knowingly sell or offer 215
to sell a controlled substance. 216
(B) This section does not apply to any of the following: 218
(1) Manufacturers, licensed health professionals 220
authorized to prescribe drugs, pharmacists, owners of pharmacies, 222
and other persons whose conduct is in accordance with Chapters 223
3719., 4715., 4723., 4729., 4731., and 4741. or section 4723.56 224
of the Revised Code;
(2) If the offense involves an anabolic steroid, any 226
person who is conducting or participating in a research project 227
involving the use of an anabolic steroid if the project has been 228
approved by the United States food and drug administration; 229
(3) Any person who sells, offers for sale, prescribes, 231
dispenses, or administers for livestock or other nonhuman species 232
an anabolic steroid that is expressly intended for administration 233
through implants to livestock or other nonhuman species and 234
approved for that purpose under the "Federal Food, Drug, and 235
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 236
and is sold, offered for sale, prescribed, dispensed, or 237
administered for that purpose in accordance with that act. 238
(C) Whoever violates division (A) of this section is 240
guilty of one of the following: 241
(1) If the drug involved in the violation is any compound, 244
mixture, preparation, or substance included in schedule I or 245
schedule II, with the exception of marihuana, cocaine, L.S.D., 246
heroin, and hashish, whoever violates division (A) of this 248
section is guilty of aggravated trafficking in drugs. The 249
penalty for the offense shall be determined as follows: 250
(a) Except as otherwise provided in division (C)(1)(b), 253
(c), (d), (e), or (f) of this section, aggravated trafficking in 254
drugs is a felony of the fourth degree, and division (C) of 256
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 258
7
(b) Except as otherwise provided in division (C)(1)(c), 261
(d), (e), or (f) of this section, if the offense was committed in 262
the vicinity of a school or in the vicinity of a juvenile, 263
aggravated trafficking in drugs is a felony of the third degree, 264
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 265
(c) Except as otherwise provided in this division, if the 267
amount of the drug involved exceeds the bulk amount but does not 269
exceed five times the bulk amount, aggravated trafficking in 270
drugs is a felony of the third degree, and the court shall impose 271
as a mandatory prison term one of the prison terms prescribed for 272
a felony of the third degree. If the amount of the drug involved 273
is within that range and if the offense was committed in the 274
vicinity of a school or in the vicinity of a juvenile, aggravated 275
trafficking in drugs is a felony of the second degree, and the 276
court shall impose as a mandatory prison term one of the prison 277
terms prescribed for a felony of the second degree. 278
(d) Except as otherwise provided in this division, if the 280
amount of the drug involved exceeds five times the bulk amount 282
but does not exceed fifty times the bulk amount, aggravated 283
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison 284
terms prescribed for a felony of the second degree. If the 285
amount of the drug involved is within that range and if the 286
offense was committed in the vicinity of a school or in the 287
vicinity of a juvenile, aggravated trafficking in drugs is a 288
felony of the first degree, and the court shall impose as a 289
mandatory prison term one of the prison terms prescribed for a 290
felony of the first degree. 291
(e) If the amount of the drug involved exceeds fifty times 294
the bulk amount but does not exceed one hundred times the bulk 295
amount and regardless of whether the offense was committed in the 296
vicinity of a school or in the vicinity of a juvenile, aggravated 297
trafficking in drugs is a felony of the first degree, and the 298
8
court shall impose as a mandatory prison term one of the prison 299
terms prescribed for a felony of the first degree. 300
(f) If the amount of the drug involved exceeds one hundred 303
times the bulk amount and regardless of whether the offense was 304
committed in the vicinity of a school or in the vicinity of a 305
juvenile, aggravated trafficking in drugs is a felony of the 306
first degree, and the court shall impose as a mandatory prison 307
term the maximum prison term prescribed for a felony of the first 308
degree and may impose an additional prison term prescribed for a 309
major drug offender under division (D)(3)(b) of section 2929.14 310
of the Revised Code. 311
(2) If the drug involved in the violation is any compound, 314
mixture, preparation, or substance included in schedule III, IV, 315
or V, whoever violates division (A) of this section is guilty of 316
trafficking in drugs. The penalty for the offense shall be 317
determined as follows: 318
(a) Except as otherwise provided in division (C)(2)(b), 321
(c), (d), or (e) of this section, trafficking in drugs is a 323
felony of the fifth degree, and division (C) of section 2929.13 324
of the Revised Code applies in determining whether to impose a 325
prison term on the offender.
(b) Except as otherwise provided in division (C)(2)(c), 328
(d), or (e) of this section, if the offense was committed in the 329
vicinity of a school or in the vicinity of a juvenile, 330
trafficking in drugs is a felony of the fourth degree, and 331
division (C) of section 2929.13 of the Revised Code applies in 332
determining whether to impose a prison term on the offender. 334
(c) Except as otherwise provided in this division, if the 336
amount of the drug involved exceeds the bulk amount but does not 338
exceed five times the bulk amount, trafficking in drugs is a 339
felony of the fourth degree, and there is a presumption for a 340
prison term for the offense. If the amount of the drug involved 341
is within that range and if the offense was committed in the 342
vicinity of a school or in the vicinity of a juvenile, 343
9
trafficking in drugs is a felony of the third degree, and there 344
is a presumption for a prison term for the offense. 345
(d) Except as otherwise provided in this division, if the 347
amount of the drug involved exceeds five times the bulk amount 349
but does not exceed fifty times the bulk amount, trafficking in 350
drugs is a felony of the third degree, and there is a presumption 351
for a prison term for the offense. If the amount of the drug 352
involved is within that range and if the offense was committed in 353
the vicinity of a school or in the vicinity of a juvenile, 354
trafficking in drugs is a felony of the second degree, and there 355
is a presumption for a prison term for the offense. 356
(e) Except as otherwise provided in this division, if the 358
amount of the drug involved exceeds fifty times the bulk amount, 360
trafficking in drugs is a felony of the second degree, and the 361
court shall impose as a mandatory prison term one of the prison 362
terms prescribed for a felony of the second degree. If the 363
amount of the drug involved exceeds fifty times the bulk amount 364
and if the offense was committed in the vicinity of a school or 365
in the vicinity of a juvenile, trafficking in drugs is a felony 366
of the first degree, and the court shall impose as a mandatory 367
prison term one of the prison terms prescribed for a felony of 368
the first degree. 369
(3) If the drug involved in the violation is marihuana or 371
a compound, mixture, preparation, or substance containing 372
marihuana other than hashish, whoever violates division (A) of 374
this section is guilty of trafficking in marihuana. The penalty 375
for the offense shall be determined as follows: 376
(a) Except as otherwise provided in division (C)(3)(b), 379
(c), (d), (e), (f), or (g) of this section, trafficking in 380
marihuana is a felony of the fifth degree, and division (C) of 383
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 384
(b) Except as otherwise provided in division (C)(3)(c), 387
(d), (e), (f), or (g) of this section, if the offense was 389
10
committed in the vicinity of a school or in the vicinity of a 390
juvenile, trafficking in marihuana is a felony of the fourth 391
degree, and division (C) of section 2929.13 of the Revised Code 392
applies in determining whether to impose a prison term on the 393
offender.
(c) Except as otherwise provided in this division, if the 395
amount of the drug involved exceeds two hundred grams but does 397
not exceed one thousand grams, trafficking in marihuana is a 398
felony of the fourth degree, and division (C) of section 2929.13 399
of the Revised Code applies in determining whether to impose a 401
prison term on the offender. If the amount of the drug involved 402
is within that range and if the offense was committed in the 403
vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the third degree, and 404
division (C) of section 2929.13 of the Revised Code applies in 405
determining whether to impose a prison term on the offender. 407
(d) Except as otherwise provided in this division, if the 409
amount of the drug involved exceeds one thousand grams but does 411
not exceed five thousand grams, trafficking in marihuana is a 412
felony of the third degree, and division (C) of section 2929.13 413
of the Revised Code applies in determining whether to impose a 415
prison term on the offender. If the amount of the drug involved 416
is within that range and if the offense was committed in the 417
vicinity of a school or in the vicinity of a juvenile, 418
trafficking in marihuana is a felony of the second degree, and 419
there is a presumption that a prison term shall be imposed for 420
the offense.
(e) Except as otherwise provided in this division, if the 422
amount of the drug involved exceeds five thousand grams but does 424
not exceed twenty thousand grams, trafficking in marihuana is a 425
felony of the third degree, and there is a presumption that a 426
prison term shall be imposed for the offense. If the amount of 427
the drug involved is within that range and if the offense was 428
committed in the vicinity of a school or in the vicinity of a 429
11
juvenile, trafficking in marihuana is a felony of the second 430
degree, and there is a presumption that a prison term shall be 431
imposed for the offense. 432
(f) Except as otherwise provided in this division, if the 434
amount of the drug involved exceeds twenty thousand grams, 436
trafficking in marihuana is a felony of the second degree, and 437
the court shall impose as a mandatory prison term the maximum 438
prison term prescribed for a felony of the second degree. If the 439
amount of the drug involved exceeds twenty thousand grams and if 440
the offense was committed in the vicinity of a school or in the 441
vicinity of a juvenile, trafficking in marihuana is a felony of 442
the first degree, and the court shall impose as a mandatory 443
prison term the maximum prison term prescribed for a felony of 444
the first degree. 445
(g) Except as otherwise provided in this division, if the 448
offense involves a gift of twenty grams or less of marihuana, 449
trafficking in marihuana is a minor misdemeanor upon a first 450
offense and a misdemeanor of the third degree upon a subsequent 451
offense. If the offense involves a gift of twenty grams or less 452
of marihuana and if the offense was committed in the vicinity of 453
a school or in the vicinity of a juvenile, trafficking in 454
marihuana is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a 456
compound, mixture, preparation, or substance containing cocaine, 457
whoever violates division (A) of this section is guilty of 459
trafficking in cocaine. The penalty for the offense shall be
determined as follows: 460
(a) Except as otherwise provided in division (C)(4)(b), 463
(c), (d), (e), (f), or (g) of this section, trafficking in 464
cocaine is a felony of the fifth degree, and division (C) of 466
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 468
(b) Except as otherwise provided in division (C)(4)(c), 471
(d), (e), (f), or (g) of this section, if the offense was 472
12
committed in the vicinity of a school or in the vicinity of a 474
juvenile, trafficking in cocaine is a felony of the fourth 475
degree, and division (C) of section 2929.13 of the Revised Code 476
applies in determining whether to impose a prison term on the 478
offender.
(c) Except as otherwise provided in this division, if the 480
amount of the drug involved exceeds five grams but does not 481
exceed ten grams of cocaine that is not crack cocaine or exceeds 483
one gram but does not exceed five grams of crack cocaine, 485
trafficking in cocaine is a felony of the fourth degree, and 486
there is a presumption for a prison term for the offense. If the 487
amount of the drug involved is within one of those ranges and if 488
the offense was committed in the vicinity of a school or in the 489
vicinity of a juvenile, trafficking in cocaine is a felony of the 490
third degree, and there is a presumption for a prison term for 491
the offense.
(d) Except as otherwise provided in this division, if the 493
amount of the drug involved exceeds ten grams but does not exceed 494
one hundred grams of cocaine that is not crack cocaine or exceeds 496
five grams but does not exceed ten grams of crack cocaine, 497
trafficking in cocaine is a felony of the third degree, and the 498
court shall impose as a mandatory prison term one of the prison 499
terms prescribed for a felony of the third degree. If the amount 500
of the drug involved is within one of those ranges and if the 501
offense was committed in the vicinity of a school or in the 503
vicinity of a juvenile, trafficking in cocaine is a felony of the 506
second degree, and the court shall impose as a mandatory prison 507
term one of the prison terms prescribed for a felony of the 508
second degree.
(e) Except as otherwise provided in this division, if the 510
amount of the drug involved exceeds one hundred grams but does 511
not exceed five hundred grams of cocaine that is not crack 512
cocaine or exceeds ten grams but does not exceed twenty-five 514
grams of crack cocaine, trafficking in cocaine is a felony of the 516
13
second degree, and the court shall impose as a mandatory prison 517
term one of the prison terms prescribed for a felony of the 518
second degree. If the amount of the drug involved is within one 519
of those ranges and if the offense was committed in the vicinity 520
of a school or in the vicinity of a juvenile, trafficking in 522
cocaine is a felony of the first degree, and the court shall 524
impose as a mandatory prison term one of the prison terms 525
prescribed for a felony of the first degree. 526
(f) If the amount of the drug involved exceeds five 529
hundred grams but does not exceed one thousand grams of cocaine 530
that is not crack cocaine or exceeds twenty-five grams but does 531
not exceed one hundred grams of crack cocaine and regardless of 532
whether the offense was committed in the vicinity of a school or 533
in the vicinity of a juvenile, trafficking in cocaine is a felony 536
of the first degree, and the court shall impose as a mandatory 537
prison term one of the prison terms prescribed for a felony of 538
the first degree.
(g) If the amount of the drug involved exceeds one 541
thousand grams of cocaine that is not crack cocaine or exceeds 542
one hundred grams of crack cocaine and regardless of whether the 544
offense was committed in the vicinity of a school or in the 545
vicinity of a juvenile, trafficking in cocaine is a felony of the 546
first degree, and the court shall impose as a mandatory prison 547
term the maximum prison term prescribed for a felony of the first 548
degree and may impose an additional mandatory prison term 549
prescribed for a major drug offender under division (D)(3)(b) of 551
section 2929.14 of the Revised Code.
(5) If the drug involved in the violation is L.S.D. or a 554
compound, mixture, preparation, or substance containing L.S.D., 555
whoever violates division (A) of this section is guilty of 556
trafficking in L.S.D. The penalty for the offense shall be 558
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 561
(c), (d), (e), (f), or (g) of this section, trafficking in L.S.D. 563
14
is a felony of the fifth degree, and division (C) of section 564
2929.13 of the Revised Code applies in determining whether to 566
impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(5)(c), 569
(d), (e), (f), or (g) of this section, if the offense was 570
committed in the vicinity of a school or in the vicinity of a 571
juvenile, trafficking in L.S.D. is a felony of the fourth degree, 573
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 574
(c) Except as otherwise provided in this division, if the 576
amount of the drug involved exceeds ten unit doses but does not 578
exceed fifty unit doses of L.S.D. in a solid form or exceeds one 579
gram but does not exceed five grams of L.S.D. in a liquid 581
concentrate, liquid extract, or liquid distillate form, 583
trafficking in L.S.D. is a felony of the fourth degree, and there 586
is a presumption for a prison term for the offense. If the 587
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the 588
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 590
third degree, and there is a presumption for a prison term for 591
the offense.
(d) Except as otherwise provided in this division, if the 593
amount of the drug involved exceeds fifty unit doses but does not 595
exceed two hundred fifty unit doses of L.S.D. in a solid form or 596
exceeds five grams but does not exceed twenty-five grams of 598
L.S.D. in a liquid concentrate, liquid extract, or liquid 600
distillate form, trafficking in L.S.D. is a felony of the third 603
degree, and the court shall impose as a mandatory prison term one 604
of the prison terms prescribed for a felony of the third degree. 605
If the amount of the drug involved is within that range and if 606
the offense was committed in the vicinity of a school or in the 607
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 609
second degree, and the court shall impose as a mandatory prison 610
term one of the prison terms prescribed for a felony of the 611
15
second degree.
(e) Except as otherwise provided in this division, if the 613
amount of the drug involved exceeds two hundred fifty unit doses 615
but does not exceed one thousand unit doses of L.S.D. in a solid 617
form or exceeds twenty-five grams but does not exceed one hundred 619
grams of L.S.D. in a liquid concentrate, liquid extract, or 621
liquid distillate form, trafficking in L.S.D. is a felony of the 623
second degree, and the court shall impose as a mandatory prison 624
term one of the prison terms prescribed for a felony of the 625
second degree. If the amount of the drug involved is within that 626
range and if the offense was committed in the vicinity of a 627
school or in the vicinity of a juvenile, trafficking in L.S.D. is 629
a felony of the first degree, and the court shall impose as a 630
mandatory prison term one of the prison terms prescribed for a 631
felony of the first degree.
(f) If the amount of the drug involved exceeds one 634
thousand unit doses but does not exceed five thousand unit doses 635
of L.S.D. in a solid form or exceeds one hundred grams but does 638
not exceed five hundred grams of L.S.D. in a liquid concentrate, 640
liquid extract, or liquid distillate form and regardless of 641
whether the offense was committed in the vicinity of a school or 642
in the vicinity of a juvenile, trafficking in L.S.D. is a felony 643
of the first degree, and the court shall impose as a mandatory 644
prison term one of the prison terms prescribed for a felony of 645
the first degree. 646
(g) If the amount of the drug involved exceeds five 649
thousand unit doses of L.S.D. in a solid form or exceeds five 650
hundred grams of L.S.D. in a liquid concentrate, liquid extract, 652
or liquid distillate form and regardless of whether the offense 655
was committed in the vicinity of a school or in the vicinity of a 656
juvenile, trafficking in L.S.D. is a felony of the first degree, 659
and the court shall impose as a mandatory prison term the maximum 660
prison term prescribed for a felony of the first degree and may 661
impose an additional mandatory prison term prescribed for a major 662
16
drug offender under division (D)(3)(b) of section 2929.14 of the 664
Revised Code.
(6) If the drug involved in the violation is heroin or a 666
compound, mixture, preparation, or substance containing heroin, 667
whoever violates division (A) of this section is guilty of 669
trafficking in heroin. The penalty for the offense shall be
determined as follows: 670
(a) Except as otherwise provided in division (C)(6)(b), 673
(c), (d), (e), (f), or (g) of this section, trafficking in heroin 675
is a felony of the fifth degree, and division (C) of section 676
2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender. 678
(b) Except as otherwise provided in division (C)(6)(c), 681
(d), (e), (f), or (g) of this section, if the offense was 682
committed in the vicinity of a school or in the vicinity of a 685
juvenile, trafficking in heroin is a felony of the fourth degree, 686
and division (C) of section 2929.13 of the Revised Code applies 688
in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the 690
amount of the drug involved exceeds one gram but does not exceed 692
five grams, trafficking in heroin is a felony of the fourth 693
degree, and there is a presumption for a prison term for the 694
offense. If the amount of the drug involved is within that range 695
and if the offense was committed in the vicinity of a school or 696
in the vicinity of a juvenile, trafficking in heroin is a felony 697
of the third degree, and there is a presumption for a prison term 698
for the offense. 699
(d) Except as otherwise provided in this division, if the 701
amount of the drug involved exceeds five grams but does not 703
exceed ten grams, trafficking in heroin is a felony of the third 704
degree, and there is a presumption for a prison term for the 705
offense. If the amount of the drug involved is within that range 706
and if the offense was committed in the vicinity of a school or 707
in the vicinity of a juvenile, trafficking in heroin is a felony 708
17
of the second degree, and there is a presumption for a prison 709
term for the offense. 710
(e) Except as otherwise provided in this division, if the 712
amount of the drug involved exceeds ten grams but does not exceed 714
fifty grams, trafficking in heroin is a felony of the second 715
degree, and the court shall impose as a mandatory prison term one 716
of the prison terms prescribed for a felony of the second degree. 717
If the amount of the drug involved is within that range and if 718
the offense was committed in the vicinity of a school or in the 719
vicinity of a juvenile, trafficking in heroin is a felony of the 720
first degree, and the court shall impose as a mandatory prison 721
term one of the prison terms prescribed for a felony of the first 722
degree. 723
(f) If the amount of the drug involved exceeds fifty grams 726
but does not exceed two hundred fifty grams and regardless of
whether the offense was committed in the vicinity of a school or 727
in the vicinity of a juvenile, trafficking in heroin is a felony 729
of the first degree, and the court shall impose as a mandatory 730
prison term one of the prison terms prescribed for a felony of 731
the first degree.
(g) If the amount of the drug involved exceeds two hundred 734
fifty grams and regardless of whether the offense was committed
in the vicinity of a school or in the vicinity of a juvenile, 735
trafficking in heroin is a felony of the first degree, and the 738
court shall impose as a mandatory prison term the maximum prison 739
term prescribed for a felony of the first degree and may impose 740
an additional mandatory prison term prescribed for a major drug 741
offender under division (D)(3)(b) of section 2929.14 of the 742
Revised Code. 743
(7) If the drug involved in the violation is hashish or a 745
compound, mixture, preparation, or substance containing hashish, 746
whoever violates division (A) of this section is guilty of 748
trafficking in hashish. The penalty for the offense shall be
determined as follows: 749
18
(a) Except as otherwise provided in division (C)(7)(b), 752
(c), (d), (e), or (f) of this section, trafficking in hashish is 754
a felony of the fifth degree, and division (C) of section 2929.13 755
of the Revised Code applies in determining whether to impose a 757
prison term on the offender.
(b) Except as otherwise provided in division (C)(7)(c), 760
(d), (e), or (f) of this section, if the offense was committed in 761
the vicinity of a school or in the vicinity of a juvenile, 763
trafficking in hashish is a felony of the fourth degree, and 764
division (C) of section 2929.13 of the Revised Code applies in 765
determining whether to impose a prison term on the offender. 766
(c) Except as otherwise provided in this division, if the 768
amount of the drug involved exceeds ten grams but does not exceed 769
fifty grams of hashish in a solid form or exceeds two grams but 770
does not exceed ten grams of hashish in a liquid concentrate, 771
liquid extract, or liquid distillate form, trafficking in hashish 772
is a felony of the fourth degree, and division (C) of section 773
2929.13 of the Revised Code applies in determining whether to 774
impose a prison term on the offender. If the amount of the drug 775
involved is within that range and if the offense was committed in 776
the vicinity of a school or in the vicinity of a juvenile, 777
trafficking in hashish is a felony of the third degree, and 778
division (C) of section 2929.13 of the Revised Code applies in 779
determining whether to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the 781
amount of the drug involved exceeds fifty grams but does not 782
exceed two hundred fifty grams of hashish in a solid form or 783
exceeds ten grams but does not exceed fifty grams of hashish in a 784
liquid concentrate, liquid extract, or liquid distillate form, 785
trafficking in hashish is a felony of the third degree, and 787
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If 788
the amount of the drug involved is within that range and if the 790
offense was committed in the vicinity of a school or in the 791
19
vicinity of a juvenile, trafficking in hashish is a felony of the 792
second degree, and there is a presumption that a prison term 793
shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the 795
amount of the drug involved exceeds two hundred fifty grams but 796
does not exceed one thousand grams of hashish in a solid form or 797
exceeds fifty grams but does not exceed two hundred grams of 798
hashish in a liquid concentrate, liquid extract, or liquid 800
distillate form, trafficking in hashish is a felony of the third 801
degree, and there is a presumption that a prison term shall be
imposed for the offense. If the amount of the drug involved is 802
within that range and if the offense was committed in the 803
vicinity of a school or in the vicinity of a juvenile, 804
trafficking in hashish is a felony of the second degree, and 805
there is a presumption that a prison term shall be imposed for 806
the offense.
(f) Except as otherwise provided in this division, if the 808
amount of the drug involved exceeds one thousand grams of hashish 810
in a solid form or exceeds two hundred grams of hashish in a 811
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the second degree, and the 813
court shall impose as a mandatory prison term the maximum prison 814
term prescribed for a felony of the second degree. If the amount 815
of the drug involved exceeds one thousand grams of hashish in a 817
solid form or exceeds two hundred grams of hashish in a liquid 818
concentrate, liquid extract, or liquid distillate form and if the 819
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in hashish is a felony of the 821
first degree, and the court shall impose as a mandatory prison 822
term the maximum prison term prescribed for a felony of the first 823
degree.
(D) In addition to any prison term authorized or required 826
by division (C) of this section and sections 2929.13 and 2929.14 827
of the Revised Code, and in addition to any other sanction 828
20
imposed for the offense under this section or sections 2929.11 to 829
2929.18 of the Revised Code, the court that sentences an offender 830
who is convicted of or pleads guilty to a violation of division 831
(A) of this section shall do all of the following that are 833
applicable regarding the offender:
(1) If the violation of division (A) of this section is a 836
felony of the first, second, or third degree, the court shall 837
impose upon the offender the mandatory fine specified for the 838
offense under division (B)(1) of section 2929.18 of the Revised 839
Code unless, as specified in that division, the court determines 840
that the offender is indigent. Except as otherwise provided in 841
division (H)(1) of this section, a mandatory fine or any other 842
fine imposed for a violation of this section is subject to 843
division (F) of this section. If a person is charged with a 844
violation of this section that is a felony of the first, second, 845
or third degree, posts bail, and forfeits the bail, the clerk of 846
the court shall pay the forfeited bail pursuant to divisions 848
(D)(1) and (F) of this section, as if the forfeited bail was a 849
fine imposed for a violation of this section. If any amount of 850
the forfeited bail remains after that payment and if a fine is 851
imposed under division (H)(1) of this section, the clerk of the 852
court shall pay the remaining amount of the forfeited bail 853
pursuant to divisions (H)(2) and (3) of this section, as if that 854
remaining amount was a fine imposed under division (H)(1) of this
section. 855
(2) The court shall revoke or suspend the driver's or 857
commercial driver's license or permit of the offender in 858
accordance with division (G) of this section. 859
(3) If the offender is a professionally licensed person or 862
a person who has been admitted to the bar by order of the supreme 863
court in compliance with its prescribed and published rules, the 864
court forthwith shall comply with section 2925.38 of the Revised 865
Code.
(E) When a person is charged with the sale of or offer to 868
21
sell a bulk amount or a multiple of a bulk amount of a controlled 869
substance, the jury, or the court trying the accused, shall 871
determine the amount of the controlled substance involved at the 872
time of the offense and, if a guilty verdict is returned, shall 873
return the findings as part of the verdict. In any such case, it 874
is unnecessary to find and return the exact amount of the 875
controlled substance involved, and it is sufficient if the
finding and return is to the effect that the amount of the 876
controlled substance involved is the requisite amount, or that 878
the amount of the controlled substance involved is less than the 879
requisite amount. 880
(F)(1) Notwithstanding any contrary provision of section 882
3719.21 of the Revised Code and except as provided in division 883
(H) of this section, the clerk of the court shall pay any 884
mandatory fine imposed pursuant to division (D)(1) of this 885
section and any fine other than a mandatory fine that is imposed 886
for a violation of this section pursuant to division (A) or 887
(B)(5) of section 2929.18 of the Revised Code to the county, 889
township, municipal corporation, park district, as created 890
pursuant to section 511.18 or 1545.04 of the Revised Code, or 891
state law enforcement agencies in this state that primarily were 892
responsible for or involved in making the arrest of, and in 893
prosecuting, the offender. However, the clerk shall not pay a 894
mandatory fine so imposed to a law enforcement agency unless the 895
agency has adopted a written internal control policy under 896
division (F)(2) of this section that addresses the use of the 898
fine moneys that it receives. Each agency shall use the 900
mandatory fines so paid to subsidize the agency's law enforcement
efforts that pertain to drug offenses, in accordance with the 902
written internal control policy adopted by the recipient agency 903
under division (F)(2) of this section. 904
(2)(a) Prior to receiving any fine moneys under division 906
(F)(1) of this section or division (B)(5) of section 2925.42 of 907
the Revised Code, a law enforcement agency shall adopt a written 908
22
internal control policy that addresses the agency's use and 909
disposition of all fine moneys so received and that provides for 910
the keeping of detailed financial records of the receipts of 911
those fine moneys, the general types of expenditures made out of 912
those fine moneys, and the specific amount of each general type 913
of expenditure. The policy shall not provide for or permit the 914
identification of any specific expenditure that is made in an 915
ongoing investigation. All financial records of the receipts of 916
those fine moneys, the general types of expenditures made out of 917
those fine moneys, and the specific amount of each general type 918
of expenditure by an agency are public records open for 919
inspection under section 149.43 of the Revised Code. 920
Additionally, a written internal control policy adopted under 921
this division is such a public record, and the agency that 922
adopted it shall comply with it. 923
(b) Each law enforcement agency that receives in any 925
calendar year any fine moneys under division (F)(1) of this 926
section or division (B)(5) of section 2925.42 of the Revised Code 927
shall prepare a report covering the calendar year that cumulates 928
all of the information contained in all of the public financial 929
records kept by the agency pursuant to division (F)(2)(a) of this 930
section for that calendar year, and shall send a copy of the 931
cumulative report, no later than the first day of March in the 932
calendar year following the calendar year covered by the report, 933
to the attorney general. Each report received by the attorney 934
general is a public record open for inspection under section 935
149.43 of the Revised Code. Not later than the fifteenth day of 937
April in the calendar year in which the reports are received, the 938
attorney general shall send to the president of the senate and 940
the speaker of the house of representatives a written 941
notification that does all of the following:
(i) Indicates that the attorney general has received from 943
law enforcement agencies reports of the type described in this 944
division that cover the previous calendar year and indicates that 947
23
the reports were received under this division; 948
(ii) Indicates that the reports are open for inspection 951
under section 149.43 of the Revised Code; 952
(iii) Indicates that the attorney general will provide a 955
copy of any or all of the reports to the president of the senate 956
or the speaker of the house of representatives upon request. 957
(3) As used in division (F) of this section: 960
(a) "Law enforcement agencies" includes, but is not 962
limited to, the state board of pharmacy and the office of a 963
prosecutor. 964
(b) "Prosecutor" has the same meaning as in section 966
2935.01 of the Revised Code. 967
(G) When required under division (D)(2) of this section, 971
the court either shall revoke or, if it does not revoke, shall 972
suspend for not less than six months or more than five years, the 973
driver's or commercial driver's license or permit of any person 975
who is convicted of or pleads guilty to a violation of this 977
section that is a felony of the first degree and shall suspend 978
for not less than six months or more than five years the driver's 980
or commercial driver's license or permit of any person who is 982
convicted of or pleads guilty to any other violation of this 983
section. If an offender's driver's or commercial driver's 984
license or permit is revoked pursuant to this division, the 986
offender, at any time after the expiration of two years from the 987
day on which the offender's sentence was imposed or from the day 988
on which the offender finally was released from a prison term 991
under the sentence, whichever is later, may file a motion with 992
the sentencing court requesting termination of the revocation; 993
upon the filing of such a motion and the court's finding of good 994
cause for the termination, the court may terminate the 995
revocation.
(H)(1) In addition to any prison term authorized or 998
required by division (C) of this section and sections 2929.13 and 999
2929.14 of the Revised Code, in addition to any other penalty or 1,001
24
sanction imposed for the offense under this section or sections 1,002
2929.11 to 2929.181 of the Revised Code, and in addition to the 1,003
forfeiture of property in connection with the offense as 1,004
prescribed in sections 2925.42 to 2925.45 of the Revised Code, 1,006
the court that sentences an offender who is convicted of or 1,007
pleads guilty to a violation of division (A) of this section may 1,008
impose upon the offender an additional fine specified for the 1,009
offense in division (B)(4) of section 2929.18 of the Revised 1,011
Code. A fine imposed under division (H)(1) of this section is 1,013
not subject to division (F) of this section and shall be used 1,014
solely for the support of one or more eligible alcohol and drug 1,015
addiction programs in accordance with divisions (H)(2) and (3) of 1,016
this section.
(2) The court that imposes a fine under division (H)(1) of 1,019
this section shall specify in the judgment that imposes the fine 1,020
one or more eligible alcohol and drug addiction programs for the 1,021
support of which the fine money is to be used. No alcohol and 1,022
drug addiction program shall receive or use money paid or 1,023
collected in satisfaction of a fine imposed under division (H)(1) 1,025
of this section unless the program is specified in the judgment 1,026
that imposes the fine. No alcohol and drug addiction program 1,027
shall be specified in the judgment unless the program is an 1,028
eligible alcohol and drug addiction program and, except as 1,029
otherwise provided in division (H)(2) of this section, unless the 1,031
program is located in the county in which the court that imposes 1,032
the fine is located or in a county that is immediately contiguous 1,033
to the county in which that court is located. If no eligible 1,034
alcohol and drug addiction program is located in any of those 1,035
counties, the judgment may specify an eligible alcohol and drug 1,036
addiction program that is located anywhere within this state. 1,037
(3) Notwithstanding any contrary provision of section 1,039
3719.21 of the Revised Code, the clerk of the court shall pay any 1,041
fine imposed under division (H)(1) of this section to the 1,042
eligible alcohol and drug addiction program specified pursuant to 1,043
25
division (H)(2) of this section in the judgment. The eligible 1,044
alcohol and drug addiction program that receives the fine moneys 1,045
shall use the moneys only for the alcohol and drug addiction 1,046
services identified in the application for certification under 1,047
section 3793.06 of the Revised Code or in the application for a 1,048
license under section 3793.11 of the Revised Code filed with the 1,050
department of alcohol and drug addiction services by the alcohol
and drug addiction program specified in the judgment. 1,051
(4) Each alcohol and drug addiction program that receives 1,053
in a calendar year any fine moneys under division (H)(3) of this 1,055
section shall file an annual report covering that calendar year 1,056
with the court of common pleas and the board of county 1,057
commissioners of the county in which the program is located, with 1,058
the court of common pleas and the board of county commissioners 1,059
of each county from which the program received the moneys if that 1,060
county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug 1,061
addiction program shall file the report no later than the first 1,062
day of March in the calendar year following the calendar year in 1,064
which the program received the fine moneys. The report shall 1,065
include statistics on the number of persons served by the alcohol 1,066
and drug addiction program, identify the types of alcohol and 1,067
drug addiction services provided to those persons, and include a 1,068
specific accounting of the purposes for which the fine moneys 1,069
received were used. No information contained in the report shall 1,070
identify, or enable a person to determine the identity of, any 1,071
person served by the alcohol and drug addiction program. Each 1,072
report received by a court of common pleas, a board of county 1,073
commissioners, or the attorney general is a public record open 1,074
for inspection under section 149.43 of the Revised Code. 1,075
(5) As used in divisions (H)(1) to (5) of this section: 1,077
(a) "Alcohol and drug addiction program" and "alcohol and 1,080
drug addiction services" have the same meanings as in section 1,081
3793.01 of the Revised Code.
26
(b) "Eligible alcohol and drug addiction program" means an 1,084
alcohol and drug addiction program that is certified under 1,085
section 3793.06 of the Revised Code or licensed under section 1,086
3793.11 of the Revised Code by the department of alcohol and drug 1,088
addiction services.
Sec. 2925.11. (A) No person shall knowingly obtain, 1,097
possess, or use a controlled substance. 1,098
(B) This section does not apply to any of the following: 1,100
(1) Manufacturers, licensed health professionals 1,102
authorized to prescribe drugs, pharmacists, owners of pharmacies, 1,104
and other persons whose conduct was in accordance with Chapters 1,105
3719., 4715., 4723., 4729., 4731., and 4741. or section 4723.56 1,106
of the Revised Code;
(2) If the offense involves an anabolic steroid, any 1,108
person who is conducting or participating in a research project 1,109
involving the use of an anabolic steroid if the project has been 1,110
approved by the United States food and drug administration; 1,111
(3) Any person who sells, offers for sale, prescribes, 1,113
dispenses, or administers for livestock or other nonhuman species 1,114
an anabolic steroid that is expressly intended for administration 1,115
through implants to livestock or other nonhuman species and 1,116
approved for that purpose under the "Federal Food, Drug, and 1,117
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 1,118
and is sold, offered for sale, prescribed, dispensed, or 1,119
administered for that purpose in accordance with that act; 1,120
(4) Any person who obtained the controlled substance 1,122
pursuant to a prescription issued by a licensed health 1,123
professional authorized to prescribe drugs, where the drug is in 1,125
the original container in which it was dispensed to such person. 1,126
(C) Whoever violates division (A) of this section is 1,128
guilty of one of the following: 1,129
(1) If the drug involved in the violation is a compound, 1,131
mixture, preparation, or substance included in schedule I or II, 1,132
with the exception of marihuana, cocaine, L.S.D., heroin, and 1,135
27
hashish, whoever violates division (A) of this section is guilty 1,136
of aggravated possession of drugs. The penalty for the offense 1,137
shall be determined as follows:
(a) Except as otherwise provided in division (C)(1)(b), 1,140
(c), (d), or (e) of this section, aggravated possession of drugs 1,141
is a felony of the fifth degree, and division (B) of section 1,142
2929.13 of the Revised Code applies in determining whether to 1,143
impose a prison term on the offender.
(b) If the amount of the drug involved exceeds the bulk 1,146
amount but does not exceed five times the bulk amount, aggravated 1,147
possession of drugs is a felony of the third degree, and there is 1,148
a presumption for a prison term for the offense.
(c) If the amount of the drug involved exceeds five times 1,151
the bulk amount but does not exceed fifty times the bulk amount, 1,152
aggravated possession of drugs is a felony of the second degree, 1,153
and the court shall impose as a mandatory prison term one of the 1,154
prison terms prescribed for a felony of the second degree. 1,155
(d) If the amount of the drug involved exceeds fifty times 1,157
the bulk amount but does not exceed one hundred times the bulk 1,158
amount, aggravated possession of drugs is a felony of the first 1,159
degree, and the court shall impose as a mandatory prison term one 1,160
of the prison terms prescribed for a felony of the first degree. 1,161
(e) If the amount of the drug involved exceeds one hundred 1,163
times the bulk amount, aggravated possession of drugs is a felony 1,164
of the first degree, and the court shall impose as a mandatory 1,165
prison term the maximum prison term prescribed for a felony of 1,166
the first degree and may impose an additional mandatory prison 1,167
term prescribed for a major drug offender under division
(D)(3)(b) of section 2929.14 of the Revised Code. 1,168
(2) If the drug involved in the violation is a compound, 1,170
mixture, preparation, or substance included in schedule III, IV, 1,172
or V, whoever violates division (A) of this section is guilty of 1,174
possession of drugs. The penalty for the offense shall be 1,175
determined as follows: 1,176
28
(a) Except as otherwise provided in division (C)(2)(b), 1,179
(c), or (d) of this section, possession of drugs is a misdemeanor 1,180
of the third degree or, if the offender previously has been 1,181
convicted of a drug abuse offense, a misdemeanor of the second 1,182
degree. If the drug involved in the violation is an anabolic 1,183
steroid included in schedule III and if the offense is a 1,184
misdemeanor of the third degree under this division, in lieu of 1,185
sentencing the offender to a term of imprisonment in a detention 1,186
facility, the court may place the offender on conditional 1,187
probation pursuant to division (F) of section 2951.02 of the 1,189
Revised Code. 1,190
(b) If the amount of the drug involved exceeds the bulk 1,193
amount but does not exceed five times the bulk amount, possession 1,194
of drugs is a felony of the fourth degree, and division (C) of 1,195
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 1,196
(c) If the amount of the drug involved exceeds five times 1,199
the bulk amount but does not exceed fifty times the bulk amount, 1,200
possession of drugs is a felony of the third degree, and there is 1,201
a presumption for a prison term for the offense.
(d) If the amount of the drug involved exceeds fifty times 1,204
the bulk amount, possession of drugs is a felony of the second 1,205
degree, and the court shall impose upon the offender as a 1,206
mandatory prison term one of the prison terms prescribed for a 1,207
felony of the second degree.
(3) If the drug involved in the violation is marihuana or 1,209
a compound, mixture, preparation, or substance containing 1,210
marihuana other than hashish, whoever violates division (A) of 1,212
this section is guilty of possession of marihuana. The penalty 1,213
for the offense shall be determined as follows: 1,214
(a) Except as otherwise provided in division (C)(3)(b), 1,217
(c), (d), (e), or (f) of this section, possession of marihuana is 1,218
a minor misdemeanor. 1,219
(b) If the amount of the drug involved equals or exceeds 1,222
29
one hundred grams but does not exceed two hundred grams, 1,223
possession of marihuana is a misdemeanor of the fourth degree. 1,224
(c) If the amount of the drug involved exceeds two hundred 1,227
grams but does not exceed one thousand grams, possession of 1,228
marihuana is a felony of the fifth degree, and division (B) of 1,229
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 1,231
(d) If the amount of the drug involved exceeds one 1,234
thousand grams but does not exceed five thousand grams,
possession of marihuana is a felony of the third degree, and 1,235
division (C) of section 2929.13 of the Revised Code applies in 1,236
determining whether to impose a prison term on the offender. 1,237
(e) If the amount of the drug involved exceeds five 1,240
thousand grams but does not exceed twenty thousand grams,
possession of marihuana is a felony of the third degree, and 1,241
there is a presumption that a prison term shall be imposed for 1,242
the offense. 1,243
(f) If the amount of the drug involved exceeds twenty 1,246
thousand grams, possession of marihuana is a felony of the second 1,247
degree, and the court shall impose as a mandatory prison term the 1,248
maximum prison term prescribed for a felony of the second degree. 1,249
(4) If the drug involved in the violation is cocaine or a 1,252
compound, mixture, preparation, or substance containing cocaine, 1,253
whoever violates division (A) of this section is guilty of 1,254
possession of cocaine. The penalty for the offense shall be 1,255
determined as follows:
(a) Except as otherwise provided in division (C)(4)(b), 1,258
(c), (d), (e), or (f) of this section, possession of cocaine is a 1,259
felony of the fifth degree, and division (B) of section 2929.13 1,260
of the Revised Code applies in determining whether to impose a 1,261
prison term on the offender.
(b) If the amount of the drug involved exceeds five grams 1,264
but does not exceed twenty-five grams of cocaine that is not
crack cocaine or exceeds one gram but does not exceed five grams 1,266
30
of crack cocaine, possession of cocaine is a felony of the fourth 1,267
degree, and there is a presumption for a prison term for the 1,268
offense.
(c) If the amount of the drug involved exceeds twenty-five 1,271
grams but does not exceed one hundred grams of cocaine that is 1,272
not crack cocaine or exceeds five grams but does not exceed ten 1,274
grams of crack cocaine, possession of cocaine is a felony of the 1,275
third degree, and the court shall impose as a mandatory prison 1,276
term one of the prison terms prescribed for a felony of the third 1,277
degree.
(d) If the amount of the drug involved exceeds one hundred 1,280
grams but does not exceed five hundred grams of cocaine that is 1,281
not crack cocaine or exceeds ten grams but does not exceed 1,283
twenty-five grams of crack cocaine, possession of cocaine is a 1,284
felony of the second degree, and the court shall impose as a 1,285
mandatory prison term one of the prison terms prescribed for a 1,286
felony of the second degree.
(e) If the amount of the drug involved exceeds five 1,289
hundred grams but does not exceed one thousand grams of cocaine 1,290
that is not crack cocaine or exceeds twenty-five grams but does 1,292
not exceed one hundred grams of crack cocaine, possession of
cocaine is a felony of the first degree, and the court shall 1,294
impose as a mandatory prison term one of the prison terms 1,295
prescribed for a felony of the first degree.
(f) If the amount of the drug involved exceeds one 1,298
thousand grams of cocaine that is not crack cocaine or exceeds 1,299
one hundred grams of crack cocaine, possession of cocaine is a 1,300
felony of the first degree, and the court shall impose as a 1,301
mandatory prison term the maximum prison term prescribed for a 1,302
felony of the first degree and may impose an additional mandatory 1,303
prison term prescribed for a major drug offender under division 1,304
(D)(3)(b) of section 2929.14 of the Revised Code. 1,306
(5) If the drug involved in the violation is L.S.D., 1,309
whoever violates division (A) of this section is guilty of 1,310
31
possession of L.S.D. The penalty for the offense shall be 1,312
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 1,315
(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 1,316
of the Revised Code applies in determining whether to impose a 1,317
prison term on the offender.
(b) If the amount of L.S.D. involved exceeds ten unit 1,319
doses but does not exceed fifty unit doses of L.S.D. in a solid 1,321
form or exceeds one gram but does not exceed five grams of L.S.D. 1,322
in a liquid concentrate, liquid extract, or liquid distillate 1,323
form, possession of L.S.D. is a felony of the fourth degree, and 1,326
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. 1,327
(c) If the amount of L.S.D. involved exceeds fifty unit 1,330
doses, but does not exceed two hundred fifty unit doses of L.S.D. 1,332
in a solid form or exceeds five grams but does not exceed 1,333
twenty-five grams of L.S.D. in a liquid concentrate, liquid 1,334
extract, or liquid distillate form, possession of L.S.D. is a 1,335
felony of the third degree, and there is a presumption for a 1,336
prison term for the offense.
(d) If the amount of L.S.D. involved exceeds two hundred 1,339
fifty unit doses but does not exceed one thousand unit doses of 1,341
L.S.D. in a solid form or exceeds twenty-five grams but does not 1,342
exceed one hundred grams of L.S.D. in a liquid concentrate,
liquid extract, or liquid distillate form, possession of L.S.D. 1,344
is a felony of the second degree, and the court shall impose as a 1,345
mandatory prison term one of the prison terms prescribed for a 1,346
felony of the second degree. 1,347
(e) If the amount of L.S.D. involved exceeds one thousand 1,350
unit doses but does not exceed five thousand unit doses of L.S.D. 1,352
in a solid form or exceeds one hundred grams but does not exceed 1,353
five hundred grams of L.S.D. in a liquid concentrate, liquid 1,354
extract, or liquid distillate form, possession of L.S.D. is a 1,355
32
felony of the first degree, and the court shall impose as a 1,356
mandatory prison term one of the prison terms prescribed for a 1,357
felony of the first degree.
(f) If the amount of L.S.D. involved exceeds five thousand 1,360
unit doses of L.S.D. in a solid form or exceeds five hundred 1,363
grams of L.S.D. in a liquid concentrate, liquid extract, or 1,364
liquid distillate form, possession of L.S.D. is a felony of the 1,366
first degree, and the court shall impose as a mandatory prison 1,367
term the maximum prison term prescribed for a felony of the first 1,368
degree and may impose an additional mandatory prison term 1,369
prescribed for a major drug offender under division (D)(3)(b) of 1,370
section 2929.14 of the Revised Code. 1,371
(6) If the drug involved in the violation is heroin or a 1,373
compound, mixture, preparation, or substance containing heroin, 1,374
whoever violates division (A) of this section is guilty of 1,376
possession of heroin. The penalty for the offense shall be
determined as follows: 1,377
(a) Except as otherwise provided in division (C)(6)(b), 1,380
(c), (d), (e), or (f) of this section, possession of heroin is a 1,381
felony of the fifth degree, and division (B) of section 2929.13 1,382
of the Revised Code applies in determining whether to impose a 1,383
prison term on the offender.
(b) If the amount of the drug involved exceeds one gram 1,386
but does not exceed five grams, possession of heroin is a felony 1,387
of the fourth degree, and division (C) of section 2929.13 of the 1,388
Revised Code applies in determining whether to impose a prison
term on the offender. 1,389
(c) If the amount of the drug involved exceeds five grams 1,392
but does not exceed ten grams, possession of heroin is a felony 1,393
of the third degree, and there is a presumption for a prison term 1,394
for the offense.
(d) If the amount of the drug involved exceeds ten grams 1,397
but does not exceed fifty grams, possession of heroin is a felony 1,398
of the second degree, and the court shall impose as a mandatory 1,399
33
prison term one of the prison terms prescribed for a felony of 1,400
the second degree.
(e) If the amount of the drug involved exceeds fifty grams 1,403
but does not exceed two hundred fifty grams, possession of heroin 1,404
is a felony of the first degree, and the court shall impose as a 1,405
mandatory prison term one of the prison terms prescribed for a 1,406
felony of the first degree.
(f) If the amount of the drug involved exceeds two hundred 1,409
fifty grams, possession of heroin is a felony of the first 1,410
degree, and the court shall impose as a mandatory prison term the 1,411
maximum prison term prescribed for a felony of the first degree 1,412
and may impose an additional mandatory prison term prescribed for 1,413
a major drug offender under division (D)(3)(b) of section 2929.14 1,414
of the Revised Code. 1,415
(7) If the drug involved in the violation is hashish or a 1,417
compound, mixture, preparation, or substance containing hashish, 1,418
whoever violates division (A) of this section is guilty of 1,420
possession of hashish. The penalty for the offense shall be
determined as follows: 1,421
(a) Except as otherwise provided in division (C)(7)(b), 1,424
(c), (d), (e), or (f) of this section, possession of hashish is a 1,425
minor misdemeanor.
(b) If the amount of the drug involved equals or exceeds 1,427
five grams but does not exceed ten grams of hashish in a solid 1,428
form or equals or exceeds one gram but does not exceed two grams 1,429
of hashish in a liquid concentrate, liquid extract, or liquid 1,430
distillate form, possession of hashish is a misdemeanor of the 1,431
fourth degree.
(c) If the amount of the drug involved exceeds ten grams 1,434
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 1,435
liquid concentrate, liquid extract, or liquid distillate form, 1,436
possession of hashish is a felony of the fifth degree, and 1,437
division (B) of section 2929.13 of the Revised Code applies in 1,438
34
determining whether to impose a prison term on the offender. 1,440
(d) If the amount of the drug involved exceeds fifty grams 1,443
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 1,444
hashish in a liquid concentrate, liquid extract, or liquid 1,445
distillate form, possession of hashish is a felony of the third 1,446
degree, and division (C) of section 2929.13 of the Revised Code 1,447
applies in determining whether to impose a prison term on the 1,448
offender.
(e) If the amount of the drug involved exceeds two hundred 1,451
fifty grams but does not exceed one thousand grams of hashish in
a solid form or exceeds fifty grams but does not exceed two 1,452
hundred grams of hashish in a liquid concentrate, liquid extract, 1,453
or liquid distillate form, possession of hashish is a felony of 1,454
the third degree, and there is a presumption that a prison term 1,455
shall be imposed for the offense.
(f) If the amount of the drug involved exceeds one 1,458
thousand grams of hashish in a solid form or exceeds two hundred
grams of hashish in a liquid concentrate, liquid extract, or 1,459
liquid distillate form, possession of hashish is a felony of the 1,460
second degree, and the court shall impose as a mandatory prison 1,461
term the maximum prison term prescribed for a felony of the 1,462
second degree. 1,463
(D) Arrest or conviction for a minor misdemeanor violation 1,465
of this section does not constitute a criminal record and need 1,466
not be reported by the person so arrested or convicted in 1,467
response to any inquiries about the person's criminal record, 1,468
including any inquiries contained in any application for 1,469
employment, license, or other right or privilege, or made in 1,470
connection with the person's appearance as a witness. 1,471
(E) In addition to any prison term authorized or required 1,474
by division (C) of this section and sections 2929.13 and 2929.14 1,475
of the Revised Code and in addition to any other sanction that is 1,476
imposed for the offense under this section or sections 2929.11 to 1,477
35
2929.18 of the Revised Code, the court that sentences an offender 1,480
who is convicted of or pleads guilty to a violation of division 1,481
(A) of this section shall do all of the following that are 1,482
applicable regarding the offender:
(1)(a) If the violation is a felony of the first, second, 1,485
or third degree, the court shall impose upon the offender the 1,486
mandatory fine specified for the offense under division (B)(1) of 1,487
section 2929.18 of the Revised Code unless, as specified in that 1,488
division, the court determines that the offender is indigent. 1,489
(b) Notwithstanding any contrary provision of section 1,491
3719.21 of the Revised Code, the clerk of the court shall pay a 1,493
mandatory fine or other fine imposed for a violation of this 1,494
section pursuant to division (A) of section 2929.18 of the 1,495
Revised Code in accordance with and subject to the requirements
of division (F) of section 2925.03 of the Revised Code. The 1,496
agency that receives the fine shall use the fine as specified in 1,497
division (F) of section 2925.03 of the Revised Code. 1,498
(c) If a person is charged with a violation of this 1,500
section that is a felony of the first, second, or third degree, 1,501
posts bail, and forfeits the bail, the clerk shall pay the 1,502
forfeited bail pursuant to division (E)(1)(b) of this section as 1,503
if it were a mandatory fine imposed under division (E)(1)(a) of 1,504
this section.
(2) The court shall suspend for not less than six months 1,506
or more than five years the driver's or commercial driver's 1,507
license or permit of any person who is convicted of or has 1,508
pleaded guilty to a violation of this section.
(3) If the offender is a professionally licensed person or 1,510
a person who has been admitted to the bar by order of the supreme 1,512
court in compliance with its prescribed and published rules, in 1,513
addition to any other sanction imposed for a violation of this 1,514
section, the court forthwith shall comply with section 2925.38 of 1,515
the Revised Code.
(F) It is an affirmative defense, as provided in section 1,517
36
2901.05 of the Revised Code, to a charge of a fourth degree 1,518
felony violation under this section that the controlled substance 1,519
that gave rise to the charge is in an amount, is in a form, is 1,522
prepared, compounded, or mixed with substances that are not 1,524
controlled substances in a manner, or is possessed under any 1,525
other circumstances, that indicate that the substance was 1,526
possessed solely for personal use. Notwithstanding any contrary 1,528
provision of this section, if, in accordance with section 2901.05 1,529
of the Revised Code, an accused who is charged with a fourth 1,530
degree felony violation of division (C)(2), (4), (5), or (6) of 1,531
this section sustains the burden of going forward with evidence 1,532
of and establishes by a preponderance of the evidence the 1,533
affirmative defense described in this division, the accused may 1,534
be prosecuted for and may plead guilty to or be convicted of a 1,535
misdemeanor violation of division (C)(2) of this section or a 1,536
fifth degree felony violation of division (C)(4), (5), or (6) of 1,537
this section respectively. 1,538
(G) When a person is charged with possessing a bulk amount 1,540
or multiple of a bulk amount, division (E) of section 2925.03 of 1,542
the Revised Code applies regarding the determination of the 1,543
amount of the controlled substance involved at the time of the 1,544
offense.
Sec. 2925.12. (A) No person shall knowingly make, obtain, 1,553
possess, or use any instrument, article, or thing the customary 1,554
and primary purpose of which is for the administration or use of 1,555
a dangerous drug, other than marihuana, when the instrument 1,556
involved is a hypodermic or syringe, whether or not of crude or 1,557
extemporized manufacture or assembly, and the instrument, 1,558
article, or thing involved has been used by the offender to 1,559
unlawfully administer or use a dangerous drug, other than 1,560
marihuana, or to prepare a dangerous drug, other than marihuana, 1,561
for unlawful administration or use. 1,562
(B) This section does not apply to manufacturers, licensed 1,565
health professionals authorized to prescribe drugs, pharmacists, 1,566
37
owners of pharmacies, and other persons whose conduct was in 1,567
accordance with Chapters 3719., 4715., 4723., 4729., 4731., and 1,568
4741. or section 4723.56 of the Revised Code. 1,569
(C) Whoever violates this section is guilty of possessing 1,571
drug abuse instruments, a misdemeanor of the second degree. If 1,572
the offender previously has been convicted of a drug abuse 1,573
offense, a violation of this section is a misdemeanor of the 1,574
first degree. 1,575
(D) In addition to any other sanction imposed for a 1,577
violation of this section, the court shall suspend for not less 1,578
than six months or more than five years the driver's or 1,579
commercial driver's license or permit of any person who is 1,580
convicted of or has pleaded guilty to a violation of this 1,581
section. If the offender is a professionally licensed person or 1,582
a person who has been admitted to the bar by order of the supreme 1,583
court in compliance with its prescribed and published rules, in 1,584
addition to any other sanction imposed for a violation of this 1,585
section, the court forthwith shall comply with section 2925.38 of 1,586
the Revised Code.
Sec. 2925.14. (A) As used in this section, "drug 1,595
paraphernalia" means any equipment, product, or material of any 1,596
kind that is used by the offender, intended by the offender for 1,597
use, or designed for use, in propagating, cultivating, growing, 1,598
harvesting, manufacturing, compounding, converting, producing, 1,599
processing, preparing, testing, analyzing, packaging, 1,600
repackaging, storing, containing, concealing, injecting, 1,601
ingesting, inhaling, or otherwise introducing into the human 1,602
body, a controlled substance in violation of this chapter. "Drug 1,603
paraphernalia" includes, but is not limited to, any of the 1,604
following equipment, products, or materials that are used by the 1,605
offender, intended by the offender for use, or designed by the 1,606
offender for use, in any of the following manners: 1,607
(1) A kit for propagating, cultivating, growing, or 1,609
harvesting any species of a plant that is a controlled substance 1,610
38
or from which a controlled substance can be derived; 1,611
(2) A kit for manufacturing, compounding, converting, 1,613
producing, processing, or preparing a controlled substance; 1,614
(3) An isomerization device for increasing the potency of 1,616
any species of a plant that is a controlled substance; 1,617
(4) Testing equipment for identifying, or analyzing the 1,619
strength, effectiveness, or purity of, a controlled substance; 1,620
(5) A scale or balance for weighing or measuring a 1,622
controlled substance; 1,623
(6) A diluent or adulterant, such as quinine 1,625
hydrochloride, mannitol, mannite, dextrose, or lactose, for 1,626
cutting a controlled substance; 1,627
(7) A separation gin or sifter for removing twigs and 1,629
seeds from, or otherwise cleaning or refining, marihuana; 1,630
(8) A blender, bowl, container, spoon, or mixing device 1,632
for compounding a controlled substance; 1,633
(9) A capsule, balloon, envelope, or container for 1,635
packaging small quantities of a controlled substance; 1,636
(10) A container or device for storing or concealing a 1,638
controlled substance; 1,639
(11) A hypodermic syringe, needle, or instrument for 1,641
parenterally injecting a controlled substance into the human 1,642
body; 1,643
(12) An object, instrument, or device for ingesting, 1,645
inhaling, or otherwise introducing into the human body, 1,646
marihuana, cocaine, hashish, or hashish oil, such as a metal, 1,648
wooden, acrylic, glass, stone, plastic, or ceramic pipe, with or 1,649
without a screen, permanent screen, hashish head, or punctured 1,650
metal bowl; water pipe; carburetion tube or device; smoking or 1,651
carburetion mask; roach clip or similar object used to hold 1,652
burning material, such as a marihuana cigarette, that has become 1,653
too small or too short to be held in the hand; miniature cocaine 1,654
spoon, or cocaine vial; chamber pipe; carburetor pipe; electric 1,655
pipe; air driver pipe; chillum; bong; or ice pipe or chiller. 1,656
39
(B) In determining if an object is drug paraphernalia, a 1,658
court or law enforcement officer shall consider, in addition to 1,659
other relevant factors, the following: 1,660
(1) Any statement by the owner, or by anyone in control, 1,662
of the object, concerning its use; 1,663
(2) The proximity in time or space of the object, or of 1,665
the act relating to the object, to a violation of any provision 1,666
of this chapter; 1,667
(3) The proximity of the object to any controlled 1,669
substance;
(4) The existence of any residue of a controlled substance 1,671
on the object;
(5) Direct or circumstantial evidence of the intent of the 1,673
owner, or of anyone in control, of the object, to deliver it to 1,674
any person whom the owner or person in control of the object 1,675
knows intends to use the object to facilitate a violation of any 1,676
provision of this chapter. A finding that the owner, or anyone 1,677
in control, of the object, is not guilty of a violation of any 1,678
other provision of this chapter does not prevent a finding that 1,679
the object was intended or designed by the offender for use as 1,680
drug paraphernalia.
(6) Any oral or written instruction provided with the 1,682
object concerning its use; 1,683
(7) Any descriptive material accompanying the object and 1,685
explaining or depicting its use; 1,686
(8) National or local advertising concerning the use of 1,688
the object; 1,689
(9) The manner and circumstances in which the object is 1,691
displayed for sale; 1,692
(10) Direct or circumstantial evidence of the ratio of the 1,694
sales of the object to the total sales of the business 1,695
enterprise; 1,696
(11) The existence and scope of legitimate uses of the 1,698
object in the community; 1,699
40
(12) Expert testimony concerning the use of the object. 1,701
(C)(1) No person shall knowingly use, or possess with 1,703
purpose to use, drug paraphernalia. 1,704
(2) No person shall knowingly sell, or possess or 1,706
manufacture with purpose to sell, drug paraphernalia, if the 1,707
person knows or reasonably should know that the equipment, 1,708
product, or material will be used as drug paraphernalia. 1,709
(3) No person shall place an advertisement in any 1,711
newspaper, magazine, handbill, or other publication that is 1,712
published and printed and circulates primarily within this state, 1,713
if the person knows that the purpose of the advertisement is to 1,714
promote the illegal sale in this state of the equipment, product, 1,715
or material that the offender intended or designed for use as 1,716
drug paraphernalia.
(D) This section does not apply to manufacturers, licensed 1,719
health professionals authorized to prescribe drugs, pharmacists, 1,720
owners of pharmacies, and other persons whose conduct is in 1,721
accordance with Chapters 3719., 4715., 4723., 4729., 4731., and 1,722
4741. or section 4723.56 of the Revised Code. This section shall 1,723
not be construed to prohibit the possession or use of a 1,724
hypodermic as authorized by section 3719.172 of the Revised Code. 1,725
(E) Notwithstanding sections 2933.42 and 2933.43 of the 1,727
Revised Code, any drug paraphernalia that was used, possessed, 1,728
sold, or manufactured in a violation of this section shall be 1,729
seized, after a conviction for that violation shall be forfeited, 1,730
and upon forfeiture shall be disposed of pursuant to division 1,731
(D)(8) of section 2933.41 of the Revised Code. 1,732
(F)(1) Whoever violates division (C)(1) of this section is 1,734
guilty of illegal use or possession of drug paraphernalia, a 1,735
misdemeanor of the fourth degree. 1,736
(2) Except as provided in division (F)(3) of this section, 1,738
whoever violates division (C)(2) of this section is guilty of 1,739
dealing in drug paraphernalia, a misdemeanor of the second 1,740
degree. 1,741
41
(3) Whoever violates division (C)(2) of this section by 1,743
selling drug paraphernalia to a juvenile is guilty of selling 1,744
drug paraphernalia to juveniles, a misdemeanor of the first 1,745
degree. 1,746
(4) Whoever violates division (C)(3) of this section is 1,748
guilty of illegal advertising of drug paraphernalia, a 1,749
misdemeanor of the second degree. 1,750
(G) In addition to any other sanction imposed for a 1,752
violation of this section, the court shall suspend for not less 1,753
than six months or more than five years the driver's or 1,754
commercial driver's license or permit of any person who is 1,755
convicted of or has pleaded guilty to a violation of this 1,756
section. If the offender is a professionally licensed person or 1,757
a person who has been admitted to the bar by order of the supreme 1,758
court in compliance with its prescribed and published rules, in 1,759
addition to any other sanction imposed for a violation of this 1,760
section, the court forthwith shall comply with section 2925.38 of 1,761
the Revised Code.
Sec. 2925.23. (A) No person shall knowingly make a false 1,770
statement in any prescription, order, report, or record required 1,771
by Chapter 3719. or 4729. of the Revised Code. 1,772
(B) No person shall intentionally make, utter, or sell, or 1,774
knowingly possess a false or forged: 1,775
(1) Prescription; 1,777
(2) Uncompleted preprinted prescription blank used for 1,779
writing a prescription; 1,780
(3) Official written order; 1,782
(4) License for a terminal distributor of dangerous drugs 1,784
as required in section 4729.60 of the Revised Code; 1,785
(5) Registration certificate for a wholesale distributor 1,787
of dangerous drugs as required in section 4729.60 of the Revised 1,788
Code. 1,789
(C) No person, by theft as defined in section 2913.02 of 1,791
the Revised Code, shall acquire any of the following: 1,792
42
(1) A prescription; 1,794
(2) An uncompleted preprinted prescription blank used for 1,796
writing a prescription; 1,797
(3) An official written order; 1,799
(4) A blank official written order; 1,801
(5) A license or blank license for a terminal distributor 1,803
of dangerous drugs as required in section 4729.60 of the Revised 1,804
Code; 1,805
(6) A registration certificate or blank registration 1,807
certificate for a wholesale distributor of dangerous drugs as 1,808
required in section 4729.60 of the Revised Code. 1,809
(D) No person shall knowingly make or affix any false or 1,811
forged label to a package or receptacle containing any dangerous 1,812
drugs. 1,813
(E) Divisions (A) and (D) of this section do not apply to 1,815
licensed health professionals authorized to prescribe drugs, 1,817
pharmacists, owners of pharmacies, and other persons whose 1,818
conduct is in accordance with Chapters 3719., 4715., 4723., 1,819
4725., 4729., 4731., and 4741. of the Revised Code or section 1,820
4723.56 of the Revised Code.
(F) Whoever violates this section is guilty of illegal 1,822
processing of drug documents. The penalty for the offense shall 1,823
be determined as follows: 1,824
(1) If the drug involved is a compound, mixture, 1,826
preparation, or substance included in schedule I or II, with the 1,827
exception of marihuana, illegal processing of drug documents is a 1,828
felony of the fourth degree, and division (C) of section 2929.13 1,829
of the Revised Code applies in determining whether to impose a 1,830
prison term on the offender.
(2) If the drug involved is a dangerous drug or a 1,832
compound, mixture, preparation, or substance included in schedule 1,833
III, IV, or V or is marihuana, illegal processing of drug 1,834
documents is a felony of the fifth degree, and division (C) of 1,835
section 2929.13 of the Revised Code applies in determining 1,836
43
whether to impose a prison term on the offender.
(G) In addition to any prison term authorized or required 1,838
by division (F) of this section and sections 2929.13 and 2929.14 1,839
of the Revised Code and in addition to any other sanction imposed 1,840
for the offense under this section or sections 2929.11 to 2929.18 1,841
of the Revised Code, the court that sentences an offender who is 1,842
convicted of or pleads guilty to any violation of divisions (A) 1,843
to (D) of this section shall do both of the following:
(1) The court shall suspend for not less than six months 1,846
or more than five years the driver's or commercial driver's 1,847
license or permit of any person who is convicted of or has 1,848
pleaded guilty to a violation of this section.
(2) If the offender is a professionally licensed person or 1,850
a person who has been admitted to the bar by order of the supreme 1,851
court in compliance with its prescribed and published rules, in 1,852
addition to any other sanction imposed for a violation of this 1,853
section, the court forthwith shall comply with section 2925.38 of 1,854
the Revised Code.
(H) Notwithstanding any contrary provision of section 1,856
3719.21 of the Revised Code, the clerk of court shall pay a fine 1,857
imposed for a violation of this section pursuant to division (A) 1,858
of section 2929.18 of the Revised Code in accordance with and 1,859
subject to the requirements of division (F) of section 2925.03 of 1,860
the Revised Code. The agency that receives the fine shall use 1,861
the fine as specified in division (F) of section 2925.03 of the 1,862
Revised Code.
Sec. 2925.36. (A) No person shall knowingly furnish 1,871
another a sample drug. 1,872
(B) Division (A) of this section does not apply to 1,874
manufacturers, wholesalers, pharmacists, owners of pharmacies, 1,875
dentists, doctors of medicine and surgery, doctors of osteopathic 1,876
medicine and surgery, doctors of podiatry, veterinarians, and 1,877
other persons whose conduct is in accordance with Chapters 3719., 1,878
4715., 4729., 4731., and 4741. of the Revised Code or; to 1,879
44
optometrists whose conduct is in accordance with a valid 1,880
therapeutic pharmaceutical agents certificate issued under 1,881
Chapter 4725. of the Revised Code; OR TO CERTIFIED REGISTERED 1,882
NURSE ANESTHETISTS, CLINICAL NURSE SPECIALISTS, CERTIFIED 1,883
NURSE-MIDWIVES, OR CERTIFIED NURSE PRACTITIONERS WHO HOLD A 1,884
CERTIFICATE TO PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE 1,886
REVISED CODE.
(C)(1) Whoever violates this section is guilty of illegal 1,888
dispensing of drug samples. 1,889
(2) If the drug involved in the offense is a compound, 1,891
mixture, preparation, or substance included in schedule I or II, 1,892
with the exception of marihuana, the penalty for the offense 1,893
shall be determined as follows: 1,894
(a) Except as otherwise provided in division (C)(2)(b) of 1,896
this section, illegal dispensing of drug samples is a felony of 1,897
the fifth degree, and, subject to division (E) of this section, 1,899
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. 1,900
(b) If the offense was committed in the vicinity of a 1,902
school or in the vicinity of a juvenile, illegal dispensing of 1,903
drug samples is a felony of the fourth degree, and, subject to 1,904
division (E) of this section, division (C) of section 2929.13 of 1,905
the Revised Code applies in determining whether to impose a 1,906
prison term on the offender.
(3) If the drug involved in the offense is a dangerous 1,908
drug or a compound, mixture, preparation, or substance included 1,909
in schedule III, IV, or V, or is marihuana, the penalty for the 1,910
offense shall be determined as follows: 1,911
(a) Except as otherwise provided in division (C)(3)(b) of 1,914
this section, illegal dispensing of drug samples is a misdemeanor 1,915
of the second degree.
(b) If the offense was committed in the vicinity of a 1,918
school or in the vicinity of a juvenile, illegal dispensing of 1,919
drug samples is a misdemeanor of the first degree. 1,920
45
(D) In addition to any prison term authorized or required 1,923
by division (C) or (E) of this section and sections 2929.13 and 1,924
2929.14 of the Revised Code and in addition to any other sanction 1,925
imposed for the offense under this section or sections 2929.11 to
2929.18 of the Revised Code, the court that sentences an offender 1,927
who is convicted of or pleads guilty to a violation of division 1,928
(A) of this section shall do both of the following:
(1) The court shall suspend for not less than six months 1,931
or more than five years the driver's or commercial driver's 1,932
license or permit of any person who is convicted of or has 1,933
pleaded guilty to a violation of this section.
(2) If the offender is a professionally licensed person or 1,935
a person who has been admitted to the bar by order of the supreme 1,936
court in compliance with its prescribed and published rules, in 1,937
addition to any other sanction imposed for a violation of this 1,938
section, the court forthwith shall comply with section 2925.38 of 1,939
the Revised Code. 1,940
(E) Notwithstanding the prison term authorized or required 1,942
by division (C) of this section and sections 2929.13 and 2929.14 1,943
of the Revised Code, if the violation of division (A) of this 1,944
section involves the sale, offer to sell, or possession of a 1,945
schedule I or II controlled substance, with the exception of 1,946
marihuana, and if the offender, as a result of the violation, is 1,947
a major drug offender, the court, in lieu of the prison term 1,948
otherwise authorized or required, shall impose upon the offender 1,949
the mandatory prison term specified in division (D)(3)(a) of 1,950
section 2929.14 of the Revised Code and may impose an additional
prison term under division (D)(3)(b) of that section. 1,952
(F) Notwithstanding any contrary provision of section 1,955
3719.21 of the Revised Code, the clerk of the court shall pay a
fine imposed for a violation of this section pursuant to division 1,957
(A) of section 2929.18 of the Revised Code in accordance with and 1,958
subject to the requirements of division (F) of section 2925.03 of 1,959
the Revised Code. The agency that receives the fine shall use 1,960
46
the fine as specified in division (F) of section 2925.03 of the
Revised Code. 1,961
Sec. 3719.81. (A) A person may furnish another a sample 1,970
of any drug of abuse, or of any drug or pharmaceutical 1,971
preparation that would be hazardous to health or safety if used 1,973
without the supervision of a licensed health professional 1,974
authorized to prescribe drugs, if all of the following apply: 1,975
(1) The sample is furnished by a manufacturer, 1,977
manufacturer's representative, or wholesale dealer in 1,978
pharmaceuticals to a licensed health professional authorized to 1,980
prescribe drugs, or is furnished by such a professional to a 1,981
patient for use as medication;
(2) The drug is in the original container in which it was 1,983
placed by the manufacturer, and the container is plainly marked 1,985
as a sample; 1,986
(3) Prior to its being furnished, the drug sample has been 1,988
stored under the proper conditions to prevent its deterioration 1,989
or contamination; 1,990
(4) If the drug is of a type which deteriorates with time, 1,992
the sample container is plainly marked with the date beyond which 1,993
the drug sample is unsafe to use, and the date has not expired on 1,996
the sample furnished. Compliance with the labeling requirements 1,997
of the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 1,998
(1938), 21 U.S.C.A. 301, as amended, shall be deemed compliance 1,999
with this section. 2,001
(5) The drug is distributed, stored, or discarded in such 2,003
a way that the drug sample may not be acquired or used by any 2,004
unauthorized person, or by any person, including a child, for 2,005
whom it may present a health or safety hazard. 2,006
(B) Division (A) of this section does not do any of the 2,008
following: 2,009
(1) Apply to or restrict the furnishing of any sample of a 2,011
nonnarcotic substance if the substance may, under the "Federal 2,013
Food, Drug, and Cosmetic Act" and under the laws of this state, 2,014
47
otherwise be lawfully sold over the counter without a 2,015
prescription;
(2) Authorize UNTIL TWO YEARS AFTER THE EFFECTIVE DATE OF 2,017
THIS AMENDMENT, AUTHORIZE an advanced practice nurse AUTHORIZED 2,018
TO PRESCRIBE UNDER SECTION 4723.56 OF THE REVISED CODE to furnish 2,019
a sample of any drug; 2,020
(3) Authorize an optometrist to furnish a sample of a drug 2,023
that is not a drug the optometrist is authorized to prescribe.
(C) The state board of pharmacy shall, in accordance with 2,025
Chapter 119. of the Revised Code, adopt rules as necessary to 2,027
give effect to this section.
Sec. 4723.02. As used in this chapter: 2,036
(A) "Registered nurse" means an individual who holds a 2,038
current, valid license issued under this chapter that authorizes 2,039
the practice of nursing as a registered nurse. 2,040
(B) "Practice of nursing as a registered nurse" means 2,042
providing to individuals and groups nursing care requiring 2,043
specialized knowledge, judgment, and skill derived from the 2,044
principles of biological, physical, behavioral, social, and 2,045
nursing sciences. Such nursing care includes: 2,046
(1) Identifying patterns of human responses to actual or 2,048
potential health problems amenable to a nursing regimen; 2,049
(2) Executing a nursing regimen through the selection, 2,051
performance, management, and evaluation of nursing actions; 2,052
(3) Assessing health status for the purpose of providing 2,054
nursing care; 2,055
(4) Providing health counseling and health teaching; 2,057
(5) Administering medications, treatments, and executing 2,059
regimens prescribed by licensed physicians; dentists; 2,061
optometrists; podiatrists; CERTIFIED REGISTERED NURSE 2,062
ANESTHETISTS, CLINICAL NURSE SPECIALISTS, CERTIFIED 2,063
NURSE-MIDWIVES, OR CERTIFIED NURSE PRACTITIONERS WHO HOLD 2,064
CERTIFICATES TO PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE 2,065
REVISED CODE; or, until January 1, 2010 TWO YEARS AFTER THE 2,066
48
EFFECTIVE DATE OF THIS AMENDMENT, advanced practice nurses 2,067
authorized to prescribe under section 4723.56 of the Revised
Code; 2,068
(6) Teaching, administering, supervising, delegating, and 2,070
evaluating nursing practice. 2,071
(C) "Nursing regimen" may include preventative, 2,073
restorative, and health-promotion activities. 2,074
(D) "Assessing health status" means the collection of data 2,076
through nursing assessment techniques, which may include 2,077
interviews, observation, and physical evaluations for the purpose 2,078
of providing nursing care. 2,079
(E) "Licensed practical nurse" means an individual who 2,081
holds a current, valid license issued under this chapter that 2,082
authorizes the practice of nursing as a licensed practical nurse. 2,083
(F) "The practice of nursing as a licensed practical 2,085
nurse" means providing to individuals and groups nursing care 2,086
requiring the application of basic knowledge of the biological, 2,087
physical, behavioral, social, and nursing sciences at the 2,088
direction of a licensed physician, dentist, podiatrist, 2,089
optometrist, or registered nurse. Such nursing care includes: 2,090
(1) Observation, patient teaching, and care in a diversity 2,092
of health care settings; 2,093
(2) Contributions to the planning, implementation, and 2,095
evaluation of nursing; 2,096
(3) Administration of medications and treatments 2,098
prescribed by a licensed physician; dentist; optometrist; 2,099
podiatrist; CERTIFIED REGISTERED NURSE ANESTHETIST, CLINICAL 2,100
NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED NURSE 2,102
PRACTITIONER WHO HOLDS A CERTIFICATE TO PRESCRIBE ISSUED UNDER 2,103
SECTION 4723.48 OF THE REVISED CODE; or, until January 1, 2010 2,104
TWO YEARS AFTER THE EFFECTIVE DATE OF THIS AMENDMENT, an advanced 2,105
practice nurse authorized to prescribe under section 4723.56 of
the Revised Code. Medications may be administered by a licensed 2,107
practical nurse upon proof of completion of a course in 2,108
49
medication administration approved by the board of nursing. 2,109
(G) "Certified registered nurse anesthetist" means a 2,112
registered nurse who holds a valid certificate of authority 2,113
issued under this chapter that authorizes the practice of nursing 2,114
as a certified registered nurse anesthetist in accordance with 2,115
section 4723.43 of the Revised Code and rules adopted by the 2,116
board of nursing. 2,117
(H) "Clinical nurse specialist" means a registered nurse 2,120
who holds a valid certificate of authority issued under this 2,121
chapter that authorizes the practice of nursing as a clinical 2,122
nurse specialist in accordance with section 4723.43 of the 2,123
Revised Code and rules adopted by the board of nursing. 2,124
(I) "Certified nurse-midwife" means a registered nurse who 2,126
holds a valid certificate of authority issued under this chapter 2,127
that authorizes the practice of nursing as a certified 2,128
nurse-midwife in accordance with section 4723.43 of the Revised 2,129
Code and rules adopted by the board of nursing. 2,130
(J) "Certified nurse practitioner" means a registered 2,132
nurse who holds a valid certificate of authority issued under 2,133
this chapter that authorizes the practice of nursing as a 2,134
certified nurse practitioner in accordance with section 4723.43 2,135
of the Revised Code and rules adopted by the board of nursing. 2,137
(K) "Physician" means an individual who holds a 2,140
certificate issued under Chapter 4731. of the Revised Code 2,142
authorizing the practice of medicine and surgery or osteopathic 2,144
medicine and surgery and is practicing in this state. 2,145
(L) "Dentist" means an individual who is licensed under 2,148
Chapter 4715. of the Revised Code to practice dentistry and is 2,149
practicing in this state. 2,150
(M) "Podiatrist" means an individual who holds a 2,153
certificate issued under Chapter 4731. of the Revised Code 2,154
authorizing the practice of podiatry and is practicing in this 2,155
state.
(N) "Collaboration" or "collaborating" means the 2,157
50
following: 2,158
(1) In the case of a clinical nurse specialist, except as 2,161
provided in division (N)(K)(3) of this section, or a certified 2,162
nurse practitioner, that a podiatrist acting within the 2,163
podiatrist's scope of practice in accordance with section 4731.51 2,164
of the Revised Code and with whom the nurse has entered into a 2,165
standard care arrangement or physician with whom the nurse has 2,166
entered into a standard care arrangement is continuously 2,167
available to communicate with the clinical nurse specialist or 2,168
certified nurse practitioner either in person or by radio, 2,169
telephone, or other form of telecommunication; 2,170
(2) In the case of a certified nurse-midwife, that a 2,172
physician with whom the certified nurse-midwife has entered into 2,173
a standard care arrangement is continuously available to 2,174
communicate with the certified nurse-midwife either in person or 2,175
by radio, telephone, or other form of telecommunication; 2,176
(3) In the case of a clinical nurse specialist whose 2,178
nursing specialty is mental health or psychiatric mental health, 2,179
that a physician is continuously available to communicate with 2,181
the nurse either in person or by radio, telephone, or other form 2,182
of telecommunication.
(O)(L) "Supervision" means that a certified registered 2,185
nurse anesthetist is under the direction of a podiatrist acting
within the podiatrist's scope of practice in accordance with 2,186
section 4731.51 of the Revised Code, a dentist acting within the 2,188
dentist's scope of practice in accordance with Chapter 4715. of 2,190
the Revised Code, or a physician, and, when administering 2,191
anesthesia, the certified registered nurse anesthetist is in the 2,192
immediate presence of the podiatrist, dentist, or physician. 2,193
(P)(M) "Standard care arrangement" means a written, formal 2,196
guide for planning and evaluating a patient's health care that is 2,197
developed by a collaborating physician or podiatrist and a
clinical nurse specialist, certified nurse-midwife, or certified 2,198
nurse practitioner and meets the requirements of section 4723.431 2,199
51
of the Revised Code. 2,200
Sec. 4723.06. (A) The board of nursing shall: 2,209
(1) Administer and enforce the provisions of this chapter, 2,211
including the taking of disciplinary action for violations of 2,212
section 4723.28 of the Revised Code, any other provisions of this 2,213
chapter, or rules promulgated under Chapter 119. of the Revised 2,214
Code; 2,215
(2) Examine applicants for licensure to practice as a 2,217
registered nurse or as a licensed practical nurse; 2,218
(3) Issue and renew licenses as provided in this chapter; 2,220
(4) Define the minimum curricula and standards for 2,222
educational programs of the schools of professional nursing and 2,223
schools of practical nursing in this state; 2,224
(5) Survey, inspect, and grant full approval to 2,226
prelicensure nursing education programs that meet the standards 2,228
established by rules adopted under section 4723.07 of the Revised 2,229
Code. Prelicensure nursing education programs include, but are 2,230
not limited to, associate degree, baccalaureate degree, diploma, 2,231
and doctor of nursing programs leading to initial licensure to 2,232
practice nursing as a registered nurse and practical nurse 2,233
programs leading to initial licensure to practice nursing as a 2,234
licensed practical nurse.
(6) Grant conditional approval, by a vote of a quorum of 2,236
the board, to a new prelicensure nursing education program or a 2,237
program that is being reestablished after having ceased to 2,239
operate, if the program meets and maintains the minimum standards 2,241
of the board established by rules adopted under section 4723.07 2,242
of the Revised Code. If the board does not grant conditional 2,243
approval, it shall hold a hearing under Chapter 119. of the 2,244
Revised Code to consider conditional approval of the program. If 2,245
the board grants conditional approval, at its first meeting after 2,246
the first class has completed the program, the board shall 2,247
determine whether to grant full approval to the program. If the 2,248
board does not grant full approval or if it appears that the 2,251
52
program has failed to meet and maintain standards established by 2,252
rules adopted under section 4723.07 of the Revised Code, the 2,253
board shall hold a hearing under Chapter 119. of the Revised Code 2,254
to consider the program. Based on results of the hearing, the 2,255
board may continue or withdraw conditional approval, or grant 2,256
full approval.
(7) Place on provisional approval, for a period of time 2,258
specified by the board, a program that has ceased to meet and 2,260
maintain the minimum standards of the board established by rules 2,261
adopted under section 4723.07 of the Revised Code. At the end of 2,262
the period, the board shall reconsider whether the program meets 2,263
the standards and shall grant full approval if it does. If it 2,265
does not, the board may withdraw approval, pursuant to a hearing 2,266
under Chapter 119. of the Revised Code. 2,267
(8) Approve continuing nursing education programs and 2,269
courses under standards established in rules adopted under 2,270
section 4723.07 of the Revised Code; 2,271
(9) Approve peer support programs for nurses under rules 2,273
adopted under section 4723.07 of the Revised Code; 2,274
(10) Establish the alternative program for chemically 2,276
dependent nurses in accordance with section 4723.35 of the 2,277
Revised Code;
(11) Issue and renew certificates of authority to practice 2,279
nursing as a certified registered nurse anesthetist, clinical 2,280
nurse specialist, certified nurse-midwife, or certified nurse 2,281
practitioner;
(12) Approve under section 4723.46 of the Revised Code 2,284
national certifying organizations for examination and 2,285
certification of certified registered nurse anesthetists, 2,286
clinical nurse specialists, certified nurse-midwives, or 2,287
certified nurse practitioners;
(13) ISSUE AND RENEW CERTIFICATES TO PRESCRIBE PURSUANT TO 2,289
SECTION 4723.48 OF THE REVISED CODE; 2,291
(14) GRANT APPROVAL TO PLANNED CLASSROOM AND CLINICAL 2,293
53
STUDY IN ADVANCED PHARMACOLOGY AND ADVANCED PHARMACOLOGY CLASSES 2,294
THAT MEET THE REQUIREMENTS ESTABLISHED IN RULES ADOPTED UNDER 2,295
SECTION 4723.07 OF THE REVISED CODE; 2,297
(15) ESTABLISH A FORMULARY, WITH THE ADVICE OF THE JOINT 2,300
ADVISORY COUNCIL ON ADVANCED PRACTICE NURSING, LISTING THE 2,301
CLASSES OF DRUGS AND THERAPEUTIC DEVICES THAT MAY BE PRESCRIBED 2,302
BY CERTIFIED REGISTERED NURSE ANESTHETISTS, CLINICAL NURSE 2,303
SPECIALISTS, CERTIFIED NURSE-MIDWIVES, OR CERTIFIED NURSE 2,304
PRACTITIONERS WHO HOLD CERTIFICATES ISSUED UNDER SECTION 4723.48 2,305
OF THE REVISED CODE; 2,307
(16) PUBLISH ANNUALLY THE FORMULARY DESCRIBED IN DIVISION 2,309
(A)(15) OF THIS SECTION; 2,310
(17) Make an annual report to the governor, which shall be 2,312
open for public inspection; 2,313
(14)(18) Maintain and have open for public inspection the 2,315
following records: 2,316
(a) A record of all its meetings and proceedings; 2,318
(b) A file of applicants for and holders of licenses, 2,320
registrations, and certificates granted under this chapter. The 2,321
file shall be maintained in the form prescribed by rule of the 2,322
board. 2,323
(c) A list of prelicensure nursing education programs 2,325
approved by the board; 2,326
(d) A list of approved peer support programs for nurses. 2,328
(B) The board may fulfill the requirement of division 2,330
(A)(8) of this section by authorizing persons who meet the 2,331
standards established in rules adopted under division (F) of 2,332
section 4723.07 of the Revised Code to approve continuing nursing 2,333
education programs and courses. Persons so authorized shall 2,334
approve continuing nursing education programs and courses in 2,335
accordance with standards established in rules adopted under 2,336
division (E) of section 4723.07 of the Revised Code. 2,337
Persons seeking authorization to approve continuing nursing 2,339
education programs and courses shall apply to the board and pay 2,340
54
the appropriate fee established under section 4723.08 of the 2,341
Revised Code. Authorizations to approve continuing nursing 2,342
education programs and courses shall expire at the end of the 2,343
two-year period beginning the date of issuance and may be renewed 2,344
by the board.
Sec. 4723.07. In accordance with Chapter 119. of the 2,353
Revised Code, the board of nursing shall adopt and may amend and 2,354
rescind rules: 2,355
(A) Providing for its government and control of its 2,357
actions and business affairs; 2,358
(B) Establishing minimum curricula and standards for 2,360
nursing education programs that prepare graduates to take 2,361
licensing examinations, and establishing procedures for granting, 2,362
renewing, and withdrawing approval of those programs; 2,364
(C) Establishing requirements that applicants for 2,366
licensure must meet to be permitted to take licensing 2,367
examinations; 2,368
(D) Governing the administration and conduct of 2,370
examinations for licensure to practice nursing as a registered 2,371
nurse or as a licensed practical nurse; 2,372
(E) Establishing standards for approval of continuing 2,374
nursing education programs and courses for registered nurses, 2,375
licensed practical nurses, certified registered nurse 2,376
anesthetists, clinical nurse specialists, certified 2,377
nurse-midwives, and certified nurse practitioners. The standards 2,378
may provide for approval of continuing nursing education programs 2,379
and courses that have been approved by other state boards of 2,380
nursing or by national accreditation systems for nursing, 2,381
including, but not limited to, the American nurses' credentialing 2,382
center and the national association for practical nurse education 2,383
and service.
(F) Establishing standards that persons must meet to be 2,385
authorized by the board to approve continuing nursing education 2,386
programs and courses and a schedule to have that authorization 2,387
55
renewed;
(G) Establishing requirements, including continuing 2,389
education requirements, for restoring inactive licenses and 2,390
licenses that have lapsed through failure to renew; 2,391
(H) Governing conditions that may be imposed for 2,393
reinstatement following action taken under sections 2301.373, 2,394
4723.28, and 4723.281 of the Revised Code resulting in a 2,395
suspension from practice; 2,397
(I) Establishing standards for approval of peer support 2,399
programs for nurses; 2,400
(J) Establishing requirements for board approval of 2,403
courses in medication administration by licensed practical 2,404
nurses;
(K) Establishing criteria for specialty certification of 2,406
registered nurses; 2,407
(L) Establishing criteria for evaluating the 2,409
qualifications of an applicant who is applying for a license by 2,411
endorsement to practice nursing as a registered nurse or licensed
practical nurse or for a certificate of authority issued under 2,412
division (E) of section 4723.41 of the Revised Code; 2,413
(M) Establishing universal blood and body fluid 2,415
precautions that shall be used by each person licensed under this 2,416
chapter who performs exposure-prone invasive procedures. The 2,417
rules shall define and establish requirements for universal blood 2,418
and body fluid precautions that include the following: 2,419
(1) Appropriate use of hand washing; 2,421
(2) Disinfection and sterilization of equipment; 2,423
(3) Handling and disposal of needles and other sharp 2,425
instruments; 2,426
(4) Wearing and disposal of gloves and other protective 2,428
garments and devices. 2,429
(N) Establishing standards and procedures for approving 2,432
certificates of authority to practice nursing as a certified
registered nurse anesthetist, clinical nurse specialist, 2,433
56
certified nurse-midwife, or certified nurse practitioner, and for 2,434
renewal of those certificates; 2,435
(O) Establishing quality assurance standards for certified 2,438
registered nurse anesthetists, clinical nurse specialists, 2,439
certified nurse-midwives, or certified nurse practitioners;
(P) Establishing additional criteria for the standard care 2,442
arrangement required by section 4723.431 of the Revised Code 2,443
entered into by a clinical nurse specialist, certified 2,444
nurse-midwife, or certified nurse practitioner and the nurse's 2,445
collaborating physician or podiatrist; 2,446
(Q) Establishing continuing education standards for 2,449
clinical nurse specialists who are exempt under division (C) of 2,450
section 4723.41 of the Revised Code from the requirement of 2,451
having passed a certification examination;
(R) ESTABLISHING STANDARDS AND PROCEDURES FOR ISSUANCE AND 2,454
RENEWAL OF A CERTIFICATE TO PRESCRIBE DRUGS AND THERAPEUTIC 2,455
DEVICES UNDER SECTION 4723.48 OF THE REVISED CODE; 2,457
(S) SPECIFYING INFORMATION THE BOARD MAY REQUIRE UNDER 2,460
DIVISION (C)(4) OR (D)(3) OF SECTION 4723.48 OF THE REVISED CODE; 2,464
(T) ESTABLISHING REQUIREMENTS FOR BOARD APPROVAL OF 2,467
PLANNED CLASSROOM AND CLINICAL STUDY IN ADVANCED PHARMACOLOGY AND 2,468
ADVANCED PHARMACOLOGY CLASSES UNDER SECTION 4723.48 OF THE 2,470
REVISED CODE. 2,471
Subject to Chapter 119. of the Revised Code, the board may 2,473
adopt other rules necessary to carry out the provisions of this 2,474
chapter. 2,475
Sec. 4723.08. (A) The board of nursing may impose fees 2,484
not to exceed the following limits: 2,485
(1) For application for licensure by examination to 2,487
practice nursing as a registered nurse or as a licensed practical 2,488
nurse, fifty dollars; 2,489
(2) For application for licensure by endorsement to 2,491
practice nursing as a registered nurse or as a licensed practical 2,492
nurse, fifty dollars; 2,493
57
(3) For application for a certificate of authority to 2,495
practice nursing as a certified registered nurse anesthetist, 2,496
clinical nurse specialist, certified nurse-midwife, or certified 2,498
nurse practitioner, one hundred dollars; 2,499
(4) FOR APPLICATION FOR A CERTIFICATE TO PRESCRIBE DRUGS 2,501
AND THERAPEUTIC DEVICES, FIFTY DOLLARS; 2,502
(5) For verification of a license or certificate to 2,504
another jurisdiction, fifteen dollars; 2,506
(5)(6) For providing a replacement copy of a license or 2,508
certificate, fifteen dollars; 2,509
(6)(7) For biennial renewal of any license, thirty-five 2,511
dollars; 2,512
(7)(8) For biennial renewal of a certificate of authority 2,514
to practice nursing as a certified registered nurse anesthetist, 2,516
clinical nurse specialist, certified nurse-midwife, or certified 2,518
nurse practitioner, one hundred dollars;
(8)(9) FOR BIENNIAL RENEWAL OF A CERTIFICATE TO PRESCRIBE 2,520
DRUGS AND THERAPEUTIC DEVICES, FIFTY DOLLARS; 2,521
(10) For processing a late application for renewal of any 2,523
license or certificate, fifty dollars; 2,524
(9)(11) For application for authorization to approve 2,526
continuing nursing education programs and courses from an 2,527
applicant accredited by a national accreditation system for 2,528
nursing, five hundred dollars; 2,529
(10)(12) For application for authorization to approve 2,531
continuing nursing education programs and courses from an 2,532
applicant not accredited by a national accreditation system for 2,533
nursing, one thousand dollars; 2,534
(11)(13) For biennial renewal of authorization to approve 2,536
continuing nursing education programs and courses, three hundred 2,538
dollars;
(12)(14) For written verification of a license or 2,540
certificate, other than verification to another jurisdiction, 2,542
five dollars. The board may contract for services pertaining to 2,543
58
this verification process and the collection of the fee, and may 2,544
permit the contractor to retain a portion of the fees as 2,545
compensation, before any amounts are deposited into the state 2,546
treasury. 2,547
(B) Each quarter, the board of nursing shall certify to 2,549
the director of budget and management the number of biennial 2,550
licenses renewed under this chapter during the preceding quarter 2,551
and the amount equal to that number times five dollars. 2,552
Sec. 4723.151. Medical diagnosis, prescription of medical 2,561
measures, and the practice of medicine or surgery or any of its 2,562
branches by a nurse are prohibited. 2,563
Nothing in this section prohibits a certified registered 2,565
nurse anesthetist, clinical nurse specialist, certified 2,566
nurse-midwife, or certified nurse practitioner from practicing 2,567
within the nurse's scope of practice in accordance with section 2,568
4723.43 of the Revised Code OR PRESCRIBING DRUGS AND THERAPEUTIC 2,569
DEVICES IN ACCORDANCE WITH SECTION 4723.48 OF THE REVISED CODE.
Sec. 4723.28. As used in this section, "dangerous drug" 2,578
and "prescription" have the same meanings as in section 4729.01 2,580
of the Revised Code.
(A) The board of nursing, pursuant to an adjudication 2,582
conducted under Chapter 119. of the Revised Code and by a vote of 2,583
a quorum, may revoke or may refuse to grant a license or 2,584
certificate to a person found by the board to have committed 2,586
fraud in passing the examination or to have committed fraud, 2,587
misrepresentation, or deception in applying for or securing any 2,588
license or certificate issued by the board. 2,590
(B) The board of nursing, pursuant to an adjudication 2,592
conducted under Chapter 119. of the Revised Code and by a vote of 2,593
a quorum, may impose one or more of the following sanctions: 2,594
deny, revoke permanently, suspend, or place restrictions on any 2,595
license or certificate issued by the board; reprimand or 2,597
otherwise discipline a holder of a license or certificate; or 2,598
impose a fine of not more than five hundred dollars per 2,600
59
violation. The sanctions may be imposed for any of the
following: 2,601
(1) Denial, revocation, suspension, or restriction of a 2,603
license to practice nursing, for any reason other than a failure 2,604
to renew, in another state or jurisdiction; or denial, 2,605
revocation, suspension, or restriction of a license to practice a 2,606
health care occupation other than nursing, for any reason other 2,607
than a failure to renew, in Ohio or another state or 2,608
jurisdiction;
(2) Engaging in the practice of nursing, having failed to 2,610
renew a license issued under this chapter, or while a license is 2,611
under suspension; 2,612
(3) Conviction of, a plea of guilty to, or a judicial 2,614
finding of guilt of a misdemeanor committed in the course of 2,615
practice; 2,616
(4) Conviction of, a plea of guilty to, or a judicial 2,618
finding of guilt of any felony or of any crime involving gross 2,619
immorality or moral turpitude; 2,620
(5) Selling, giving away, or administering drugs for other 2,622
than legal and legitimate therapeutic purposes; or conviction of, 2,623
a plea of guilty to, or a judicial finding of guilt of violating 2,624
any municipal, state, county, or federal drug law; 2,625
(6) Conviction of, a plea of guilty to, or a judicial 2,627
finding of guilt of an act in another jurisdiction that would 2,628
constitute a felony or a crime of moral turpitude in Ohio; 2,629
(7) Conviction of, a plea of guilty to, or a judicial 2,631
finding of guilt of an act in the course of practice in another 2,632
jurisdiction that would constitute a misdemeanor in Ohio; 2,633
(8) Self-administering or otherwise taking into the body 2,635
any dangerous drug in any way not in accordance with a legal, 2,636
valid prescription; 2,637
(9) Habitual indulgence in the use of controlled 2,639
substances, other habit-forming drugs, or alcohol or other 2,640
chemical substances to an extent that impairs ability to 2,641
60
practice; 2,642
(10) Impairment of the ability to practice according to 2,644
acceptable and prevailing standards of safe nursing care because 2,645
of habitual or excessive use of drugs, alcohol, or other chemical 2,648
substances that impair the ability to practice; 2,649
(11) Impairment of the ability to practice according to 2,651
acceptable and prevailing standards of safe nursing care because 2,652
of a physical or mental disability; 2,653
(12) Assaulting or causing harm to a patient or depriving 2,655
a patient of the means to summon assistance; 2,656
(13) Obtaining or attempting to obtain money or anything 2,658
of value by intentional misrepresentation or material deception 2,659
in the course of practice; 2,660
(14) Adjudication by a probate court that the license 2,662
applicant or license holder is mentally ill or mentally 2,663
incompetent. The board may restore the license upon adjudication 2,664
by a probate court of the person's restoration to competency or 2,665
upon submission to the board of other proof of competency. 2,666
(15) The suspension or termination of employment by the 2,668
department of defense or the veterans administration of the 2,669
United States for any act that violates or would violate this 2,670
chapter; 2,671
(16) Violation of this chapter or any rules adopted under 2,673
it; 2,674
(17) Violation of any restrictions placed on a license by 2,676
the board; 2,677
(18) Failure to use universal blood and body fluid 2,679
precautions established by rules adopted under section 4723.07 of 2,680
the Revised Code; 2,681
(19) Failure to practice in accordance with acceptable and 2,684
prevailing standards of safe nursing care; 2,685
(20) In the case of a registered nurse, engaging in 2,687
activities that exceed the practice of nursing as a registered 2,688
nurse under section 4723.02 of the Revised Code; 2,689
61
(21) In the case of a licensed practical nurse, engaging 2,691
in activities that exceed the practice of nursing as a licensed 2,692
practical nurse under section 4723.02 of the Revised Code; 2,693
(22) Aiding and abetting in the unlicensed practice of 2,695
nursing; 2,696
(23) In the case of a certified registered nurse 2,698
anesthetist, clinical nurse specialist, certified nurse-midwife, 2,700
or certified nurse practitioner, or a registered nurse approved 2,701
as an advanced practice nurse under section 4723.55 of the 2,702
Revised Code, either of the following: 2,703
(a) Waiving the payment of all or any part of a deductible 2,705
or copayment that a patient, pursuant to a health insurance or 2,706
health care policy, contract, or plan that covers such nursing 2,707
services, would otherwise be required to pay if the waiver is 2,708
used as an enticement to a patient or group of patients to 2,709
receive health care services from that provider; 2,710
(b) Advertising that the nurse will waive the payment of 2,712
all or any part of a deductible or copayment that a patient, 2,713
pursuant to a health insurance or health care policy, contract, 2,714
or plan that covers such nursing services, would otherwise be 2,715
required to pay. 2,716
(24) Failure to comply with the terms and conditions of 2,718
participation in the alternative program for chemically dependent 2,720
nurses created by section 4723.35 of the Revised Code; 2,721
(25) In the case of a certified registered nurse 2,723
anesthetist, clinical nurse specialist, certified nurse-midwife, 2,724
or certified nurse practitioner: 2,725
(a) Engaging in activities that exceed those permitted for 2,728
the nurse's nursing specialty under section 4723.43 of the
Revised Code; 2,729
(b) Failure to meet the quality assurance standards 2,731
established under section 4723.07 of the Revised Code. 2,733
(26) In the case of a clinical nurse specialist, certified 2,735
nurse-midwife, or certified nurse practitioner, failure to 2,736
62
maintain a standard care arrangement in accordance with section 2,737
4723.431 of the Revised Code or to practice in accordance with 2,738
the standard care arrangement; 2,739
(27) IN THE CASE OF A CERTIFIED REGISTERED NURSE 2,741
ANESTHETIST, CLINICAL NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE, 2,742
OR CERTIFIED NURSE PRACTITIONER WHO HOLDS A CERTIFICATE TO 2,743
PRESCRIBE UNDER SECTION 4723.48 OF THE REVISED CODE: 2,746
(a) FAILURE TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES IN 2,749
ACCORDANCE WITH THE FORMULARY ESTABLISHED UNDER SECTION 4723.06 2,750
OF THE REVISED CODE; 2,752
(b) PRESCRIBING, DISPENSING, OR ADMINISTERING DRUGS AND 2,755
THERAPEUTIC DEVICES FOR OTHER THAN LEGAL AND LEGITIMATE 2,756
THERAPEUTIC PURPOSES.
(C) If a criminal action is brought against a license 2,758
holder for an act or crime described in divisions (B)(3) to (7) 2,759
of this section and the action is dismissed by the trial court 2,760
other than on the merits, the board shall hold an adjudication 2,762
hearing to determine whether the license holder committed the act
on which the action was based. If the board determines on the 2,763
basis of the hearing that the license holder committed the act, 2,764
or if the license holder fails to participate in the hearing, the 2,765
board may take action as though the license holder had been 2,766
convicted of the act. 2,767
If the board takes action on the basis of a conviction, 2,769
plea of guilty, or a judicial determination of guilt as described 2,770
in divisions (B)(3) to (7) of this section that is overturned on 2,771
appeal, the license holder may, on exhaustion of the appeal 2,772
process, petition the board for reconsideration of its action. 2,773
On receipt of the petition and supporting court documents, the 2,774
board shall temporarily rescind its action. If the board 2,775
determines that the decision on appeal was a decision on the 2,776
merits, it shall permanently rescind its action. If the board 2,777
determines that the decision on appeal was not a decision on the 2,778
merits, it shall hold an adjudicatory hearing to determine 2,779
63
whether the license holder committed the act on which the 2,780
original conviction, plea, or judicial determination was based. 2,781
If the board determines on the basis of the hearing that the 2,782
license holder committed such act, or if the license holder does 2,783
not request a hearing, the board shall reinstate its action; 2,784
otherwise, the board shall permanently rescind its action. 2,785
Notwithstanding the provision of division (C)(2) of section 2,787
2953.32 of the Revised Code specifying that if records pertaining 2,788
to a criminal case are sealed under that section the proceedings 2,789
in the case shall be deemed not to have occurred, sealing of the 2,790
records of a conviction on which the board has based an action 2,791
under this section shall have no effect on the board's action or 2,792
any sanction imposed by the board under this section. 2,793
(D) In enforcing division (B) of this section, the board 2,795
may compel any individual licensed by this chapter or who has 2,796
applied for licensure to submit to a mental or physical 2,797
examination, or both, as required by the board and at the expense 2,798
of the individual. Failure of any individual to submit to a 2,799
mental or physical examination when directed constitutes an 2,800
admission of the allegations, unless the failure is due to 2,801
circumstances beyond the individual's control, and a default and 2,802
final order may be entered without the taking of testimony or 2,803
presentation of evidence. If the board finds that an individual 2,804
is impaired, the board shall require the individual to submit to 2,805
care, counseling, or treatment approved or designated by the 2,806
board, as a condition for initial, continued, reinstated, or 2,807
renewed licensure to practice. The individual shall be afforded 2,808
an opportunity to demonstrate to the board that the individual 2,809
can resume the individual's occupation in compliance with 2,811
acceptable and prevailing standards under the provisions of the 2,813
individual's license. For the purpose of this section, any 2,815
individual who is licensed by this chapter or makes application 2,816
for licensure shall be deemed to have given consent to submit to 2,817
a mental or physical examination when directed to do so in 2,818
64
writing by the board, and to have waived all objections to the 2,819
admissibility of testimony or examination reports that constitute 2,820
a privileged communication.
(E) The board shall investigate evidence that appears to 2,822
show that any person has violated any provision of this chapter 2,823
or any rule of the board. Any person may report to the board any 2,824
information the person may have that appears to show a violation 2,825
of any provision of this chapter or rule of the board. In the 2,826
absence of bad faith, any person who reports such information or 2,827
who testifies before the board in any adjudication conducted 2,829
under Chapter 119. of the Revised Code shall not be liable for 2,830
civil damages as a result of the report or testimony.
Information received by the board pursuant to an 2,832
investigation is confidential and not subject to discovery in any 2,833
civil action, except that the board may disclose information to 2,834
law enforcement officers and government entities investigating a 2,835
person licensed by the board. No law enforcement officer or 2,836
government entity with knowledge of any information disclosed by 2,837
the board pursuant to this division shall divulge the information 2,838
to any other person or government entity except for the purpose 2,839
of an adjudication by a court or licensing or registration board 2,840
or officer to which the person to whom the information relates is
a party. 2,841
If the investigation requires a review of patient records, 2,843
the investigation and proceeding shall be conducted in such a 2,844
manner as to protect patient confidentiality. 2,845
All hearings and investigations of the board shall be 2,847
considered civil actions for the purposes of section 2305.251 of 2,848
the Revised Code. 2,849
The hearings of the board shall be conducted in accordance 2,851
with Chapter 119. of the Revised Code. The board may appoint a 2,852
hearing examiner as provided in section 119.09 to conduct any 2,853
hearing the board is empowered to hold under Chapter 119. of the 2,854
Revised Code. 2,855
65
In the absence of fraud or bad faith, neither the board nor 2,857
any current or former members, agents, representatives, or 2,858
employees of the board shall be held liable in damages to any 2,859
person as the result of any act, omission, proceeding, conduct, 2,860
or decision related to their official duties undertaken or 2,861
performed pursuant to this chapter. If a current or former 2,862
member, agent, representative, or employee requests the state to 2,863
defend the individual against any claim or action arising out of 2,864
any act, omission, proceeding, conduct, or decision related to 2,866
the individual's official duties, if the request is made in 2,868
writing at a reasonable time before trial, and if the individual 2,869
requesting defense cooperates in good faith in the defense of the 2,870
claim or action, the state shall provide and pay for such defense 2,871
and shall pay any resulting judgment, compromise, or settlement. 2,872
At no time shall the state pay that part of a claim or judgment 2,873
that is for punitive or exemplary damages. 2,874
(F) Any action taken by the board under this section 2,876
resulting in a suspension from practice shall be accompanied by a 2,877
written statement of the conditions under which the person may be 2,878
reinstated to practice. 2,879
(G) No unilateral surrender of a license issued under this 2,881
chapter shall be effective unless accepted by majority vote of 2,882
the board. No application for a license issued under this 2,883
chapter may be withdrawn without a majority vote of the board. 2,884
(H) Notwithstanding division (B)(23) of this section, 2,886
sanctions shall not be imposed against any licensee who waives 2,887
deductibles and copayments: 2,888
(1) In compliance with the health benefit plan that 2,890
expressly allows such a practice. Waiver of the deductibles or 2,891
copayments shall be made only with the full knowledge and consent 2,892
of the plan purchaser, payer, and third-party administrator. The 2,893
consent shall be made available to the board upon request. 2,894
(2) For professional services rendered to any other person 2,896
licensed pursuant to this chapter to the extent allowed by this 2,897
66
chapter and the rules of the board. 2,898
Sec. 4723.42. (A) If the applicant for authorization to 2,908
practice nursing as a certified registered nurse anesthetist, 2,910
clinical nurse specialist, certified nurse-midwife, or certified 2,913
nurse practitioner has met all the requirements of section 2,915
4723.41 of the Revised Code and has paid the fee required by 2,917
section 4723.08 of the Revised Code, the board of nursing shall 2,918
issue its certificate of authority to practice nursing as a 2,920
certified registered nurse anesthetist, clinical nurse 2,921
specialist, certified nurse-midwife, or certified nurse 2,923
practitioner, which shall designate the nursing specialty the 2,925
nurse is authorized to practice. The certificate entitles its 2,926
holder to practice nursing in the specialty designated on the 2,927
certificate.
The board shall issue or deny its certificate not later 2,930
than sixty days after receiving all of the documents required by 2,931
section 4723.41 of the Revised Code. Not later than fifteen 2,932
THIRTY days after receipt of an application, the board shall 2,934
provide the applicant with written notice, by mail, of any 2,935
required documents that remain to be submitted. 2,936
If an applicant is under investigation for a violation of 2,939
this chapter, the board shall conclude the investigation not 2,940
later than ninety days after receipt of all required documents, 2,941
unless this ninety-day period is extended by written consent of 2,942
the applicant, or unless the board determines that a substantial 2,944
question of such a violation exists and the board has notified 2,945
the applicant in writing of the reasons for the continuation of 2,946
the investigation. If the board determines that the applicant 2,947
has not violated this chapter, it shall issue a certificate not 2,948
later than forty-five days after making that determination. 2,951
(B) Authorization to practice nursing as a certified 2,954
registered nurse anesthetist, clinical nurse specialist, 2,956
certified nurse-midwife, or certified nurse practitioner shall be 2,958
renewed biennially according to rules and a schedule adopted by 2,960
67
the board. Before a date specified by the board, the board shall 2,962
mail an application for renewal of a certificate of authority to 2,963
each certificate holder at the last known address of the holder. 2,966
Failure of the holder to receive an application for renewal from 2,967
the board does not excuse the holder from the requirements of 2,968
section 4723.44 of the Revised Code. Not later than the date 2,969
specified by the board, the holder shall complete the renewal 2,971
form and return it to the board with all of the following: 2,972
(1) The renewal fee required by section 4723.08 of the 2,974
Revised Code; 2,975
(2) Except as provided in division (C) of this section, 2,978
documentation satisfactory to the board that the holder has 2,979
maintained certification in the nursing specialty with a national 2,980
certifying organization listed in division (A)(3) of section 2,982
4723.41 of the Revised Code or approved by the board under 2,983
section 4723.46 of the Revised Code; 2,984
(3) A list of the names and business addresses of the 2,986
holder's current collaborating physicians and podiatrists, if the 2,987
holder is a clinical nurse specialist, certified nurse-midwife, 2,988
or certified nurse practitioner;
(4) If the holder's certificate was issued under division 2,991
(C) of section 4723.41 of the Revised Code, evidence that the 2,992
holder has completed continuing education for a clinical nurse 2,993
specialist as required by rule of the board; 2,994
(5) If the holder's certificate was issued under division 2,997
(D) of section 4723.41 of the Revised Code, verification of 2,998
continued employment by a public agency or a private, nonprofit 2,999
entity that receives funding under Title X of the "Public Health 3,001
Service Act," 42 U.S.C. 300 and 300a-1 (1991). 3,003
On receipt of the renewal application, fees, and documents, 3,006
the board shall verify that the applicant holds a current license 3,008
to practice nursing as a registered nurse in this state, and, if 3,010
it so verifies, shall renew the certificate. If an applicant 3,011
submits the completed renewal application after the date 3,012
68
specified in the board's schedule, but before the expiration of 3,013
the certificate, the board shall grant a renewal when the late 3,014
renewal fee required by section 4723.08 of the Revised Code is 3,015
paid.
An applicant for reinstatement of an expired certificate 3,018
shall submit the renewal fee and the late renewal fee required by 3,021
section 4723.08 of the Revised Code. Any holder of a certificate 3,022
who desires inactive status shall give the board written notice 3,023
to that effect.
(C) The board shall renew a certificate of authority to 3,026
practice nursing as a clinical nurse specialist issued pursuant 3,027
to division (C) of section 4723.41 of the Revised Code, if the 3,029
certificate holder complies with all renewal requirements of this 3,030
section other than the requirement of having maintained 3,031
certification in the holder's nursing specialty. 3,032
Sec. 4723.43. A certified registered nurse anesthetist, 3,042
clinical nurse specialist, certified nurse-midwife, or certified 3,043
nurse practitioner may provide to individuals and groups nursing 3,045
care that requires knowledge and skill obtained from advanced 3,046
formal education and clinical experience.
(A) A nurse authorized to practice as a certified 3,049
nurse-midwife, in collaboration with physicians, may provide the 3,050
management of preventive services and those primary care services 3,051
necessary to provide health care to women antepartally, 3,052
intrapartally, postpartally, and gynecologically, consistent with 3,053
the nurse's education and certification, and in accordance with 3,054
rules adopted by the board. A
No certified nurse-midwife may perform version, deliver 3,057
breech or face presentation, use forceps, do any obstetric 3,058
operation, or treat any other abnormal condition, except in 3,059
emergencies. Division (A) of this section does not prohibit a 3,061
certified nurse-midwife from performing episiotomies or normal 3,062
vaginal deliveries, or repairing vaginal tears WHO HOLDS A 3,064
CERTIFICATE TO PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE 3,066
69
REVISED CODE MAY, IN COLLABORATION WITH A PHYSICIAN, PRESCRIBE 3,068
DRUGS AND THERAPEUTIC DEVICES IN ACCORDANCE WITH THAT SECTION. 3,069
(B) A nurse authorized to practice as a certified 3,072
registered nurse anesthetist, with the supervision and in the 3,073
immediate presence of a physician, podiatrist, or dentist, may 3,074
administer anesthesia and perform anesthesia induction,
maintenance, and emergence, and may perform with supervision 3,075
preanesthetic preparation and evaluation, postanesthesia care, 3,076
and clinical support functions, INCLUDING SELECTING AND ORDERING 3,078
ANESTHETIC AGENTS AND ADJUVANT DRUGS, consistent with the nurse's 3,079
education and certification, and in accordance with rules adopted 3,080
by the board. When A CERTIFIED REGISTERED NURSE ANESTHETIST WHO 3,081
HOLDS A CERTIFICATE TO PRESCRIBE ISSUED UNDER SECTION 4723.48 OF 3,082
THE REVISED CODE MAY, WITH THE SUPERVISION OF A PHYSICIAN, 3,085
PODIATRIST, OR DENTIST, PRESCRIBE DRUGS AND THERAPEUTIC DEVICES 3,086
IN ACCORDANCE WITH THAT SECTION. A CERTIFIED REGISTERED NURSE 3,087
ANESTHETIST IS NOT REQUIRED TO OBTAIN A CERTIFICATE TO PRESCRIBE 3,088
IN ORDER TO PROVIDE THE ANESTHESIA CARE DESCRIBED IN THIS 3,089
DIVISION.
A PHYSICIAN WHO IS SUPERVISING A CERTIFIED REGISTERED NURSE 3,092
ANESTHETIST MUST BE THE HOLDER OF A CERTIFICATE ISSUED UNDER 3,093
CHAPTER 4731. OF THE REVISED CODE AUTHORIZING THE PRACTICE OF 3,096
MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY AND BE 3,097
PRACTICING IN THIS STATE. A PODIATRIST WHO IS SUPERVISING A
CERTIFIED REGISTERED NURSE ANESTHETIST MUST BE THE HOLDER OF A 3,098
CERTIFICATE ISSUED UNDER CHAPTER 4731. OF THE REVISED CODE 3,101
AUTHORIZING THE PRACTICE OF PODIATRY AND BE PRACTICING IN THIS 3,102
STATE. A DENTIST WHO IS SUPERVISING A CERTIFIED REGISTERED NURSE 3,103
ANESTHETIST MUST BE LICENSED UNDER CHAPTER 4715. OF THE REVISED 3,106
CODE TO PRACTICE DENTISTRY AND BE PRACTICING IN THIS STATE. 3,107
WHEN a certified registered nurse anesthetist is supervised 3,110
by a podiatrist, the nurse's scope of practice is limited to the 3,111
anesthesia procedures that the podiatrist has the authority under 3,112
section 4731.51 of the Revised Code to perform. A certified 3,113
70
registered nurse anesthetist may not administer general 3,114
anesthesia under the supervision of a podiatrist in a
podiatrist's office. When a certified registered nurse 3,115
anesthetist is supervised by a dentist, the nurse's scope of 3,117
practice is limited to the anesthesia procedures that the dentist
has the authority under Chapter 4715. of the Revised Code to 3,119
perform.
(C) A nurse authorized to practice as a certified nurse 3,121
practitioner, in collaboration with physicians or podiatrists, 3,122
may provide preventive and primary care services and evaluate and 3,124
promote patient wellness within the nurse's nursing specialty,
consistent with the nurse's education and certification, and in 3,125
accordance with rules adopted by the board. When A CERTIFIED 3,127
NURSE PRACTITIONER WHO HOLDS A CERTIFICATE TO PRESCRIBE ISSUED 3,128
UNDER SECTION 4723.48 OF THE REVISED CODE MAY, IN COLLABORATION 3,130
WITH A PHYSICIAN OR PODIATRIST, PRESCRIBE DRUGS AND THERAPEUTIC 3,131
DEVICES IN ACCORDANCE WITH THAT SECTION. 3,132
WHEN a certified nurse practitioner is collaborating with a 3,135
podiatrist, the nurse's scope of practice is limited to the 3,136
procedures that the podiatrist has the authority under section 3,137
4731.51 of the Revised Code to perform. 3,138
(D) A nurse authorized to practice as a clinical nurse 3,141
specialist, in collaboration with physicians or podiatrists, may 3,142
provide and manage the care of individuals and groups with 3,143
complex health problems and provide health care services that 3,144
promote, improve, and manage health care within the nurse's 3,145
nursing specialty, consistent with the nurse's education and in 3,146
accordance with rules adopted by the board. When A CLINICAL 3,147
NURSE SPECIALIST WHO HOLDS A CERTIFICATE TO PRESCRIBE ISSUED 3,148
UNDER SECTION 4723.48 OF THE REVISED CODE MAY, IN COLLABORATION 3,150
WITH A PHYSICIAN OR PODIATRIST, PRESCRIBE DRUGS AND THERAPEUTIC 3,151
DEVICES IN ACCORDANCE WITH THAT SECTION. 3,152
WHEN a clinical nurse specialist is collaborating with a 3,154
podiatrist, the nurse's scope of practice is limited to the 3,155
71
procedures that the podiatrist has the authority under section 3,156
4731.51 of the Revised Code to perform. 3,157
Sec. 4723.431. (A) Except as provided in division (C) of 3,167
this section, a clinical nurse specialist, certified 3,168
nurse-midwife, or certified nurse practitioner may practice only 3,169
in accordance with a standard care arrangement entered into with
one or more collaborating physicians or podiatrists whose 3,170
practice is the same as or similar to the nurse's nursing 3,171
specialty. A PHYSICIAN OR PODIATRIST WHO IS COLLABORATING WITH A 3,172
CLINICAL NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED 3,173
NURSE PRACTITIONER MUST BE THE HOLDER OF A CERTIFICATE ISSUED 3,174
UNDER CHAPTER 4731. OF THE REVISED CODE AUTHORIZING THE PRACTICE 3,177
OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR 3,178
PODIATRY AND BE PRACTICING IN THIS STATE. The standard care 3,179
arrangement shall be in writing and contain all of the following: 3,180
(1) Criteria for referral of a patient by the clinical 3,182
nurse specialist, certified nurse-midwife, or certified nurse 3,183
practitioner to a collaborating physician or podiatrist; 3,184
(2) A process for the clinical nurse specialist, certified 3,186
nurse-midwife, or certified nurse practitioner to obtain a 3,187
consultation with the physician or podiatrist; 3,188
(3) A plan for coverage in instances of emergency or 3,190
planned absences of either the clinical nurse specialist, 3,191
certified nurse-midwife, or certified nurse practitioner or the 3,192
collaborating physician or podiatrist that provides the means 3,193
whereby a physician or podiatrist is available for emergency
care; 3,194
(4) The process for resolution of disagreements regarding 3,196
matters of patient management between the clinical nurse 3,197
specialist, certified nurse-midwife, or certified nurse 3,198
practitioner and the collaborating physician or podiatrist; 3,199
(5) A procedure for a regular review of the referrals by 3,201
the clinical nurse specialist, certified nurse-midwife, or 3,202
certified nurse practitioner to other health care professionals 3,203
72
and the care outcomes for a random sample of all patients seen by 3,204
the nurse;
(6) If the clinical nurse specialist or certified nurse 3,207
practitioner regularly provides services to infants, a policy for 3,208
care of infants up to age one and recommendations for
collaborating physician visits for children from birth to age 3,209
three;
(7) Any other criteria required by rule of the board 3,211
adopted pursuant to section 4723.07 of the Revised Code. 3,213
(B) The standard care arrangement shall be retained on 3,216
file at the site where the clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner practices by the 3,217
nurse and the collaborating physician or podiatrist. Prior 3,218
approval of the standard care arrangement by the board of nursing 3,219
is not required, but the board may periodically review it for 3,220
compliance with this section.
(C) A clinical nurse specialist whose nursing specialty is 3,223
mental health or psychiatric mental health, as determined by the 3,224
board, is not required to enter into a standard care arrangement
with a collaborating physician, but shall practice in 3,225
collaboration with physicians. 3,226
(D) Nothing in this section prohibits a hospital from 3,228
hiring a clinical nurse specialist, certified nurse-midwife, or 3,229
certified nurse practitioner as an employee and negotiating 3,230
standard care arrangements on behalf of the employee as necessary 3,231
to meet the requirements of this section. A standard care 3,232
arrangement between the hospital's employee and the employee's
collaborating physician is subject to approval by the medical 3,233
staff and governing body of the hospital prior to implementation 3,234
of the arrangement at the hospital. 3,235
Sec. 4723.44. (A) No person shall do any of the following 3,245
unless the person holds a current, valid certificate of authority 3,248
to practice nursing as a certified registered nurse anesthetist, 3,249
clinical nurse specialist, certified nurse-midwife, or certified 3,250
73
nurse practitioner issued by the board of nursing under this 3,252
chapter:
(1) Engage in the practice of nursing as a certified 3,254
registered nurse anesthetist, clinical nurse specialist, 3,255
certified nurse-midwife, or certified nurse practitioner for a 3,256
fee, salary, or other consideration, or as a volunteer; 3,258
(2) Hold herself or himself out as being a certified 3,260
registered nurse anesthetist, clinical nurse specialist, 3,261
certified nurse-midwife, or certified nurse practitioner; 3,262
(3) Use any title or initials implying that the person is 3,264
a certified registered nurse anesthetist, clinical nurse 3,265
specialist, certified nurse-midwife, or certified nurse 3,266
practitioner.
(B) No person who is not certified by the national council 3,269
on certification of nurse anesthetists of the American 3,270
association of nurse anesthetists, the national council on 3,271
recertification of nurse anesthetists of the American association 3,272
of nurse anesthetists, or another national certifying 3,273
organization approved by the board under section 4723.46 of the 3,274
Revised Code shall use the title "certified registered nurse 3,276
anesthetist" or the initials "C.R.N.A.," or any other title or 3,278
initial implying that the person has been certified by the 3,279
council or organization. 3,280
(C) No certified registered nurse anesthetist, clinical 3,283
nurse specialist, certified nurse-midwife, or certified nurse
practitioner shall do any of the following: 3,285
(1) Engage, for a fee, salary, or other consideration, or 3,288
as a volunteer, in the practice of a nursing specialty other than 3,289
the specialty designated on the nurse's current, valid
certificate of authority issued by the board under this chapter; 3,290
(2) Hold herself or himself out as being authorized to 3,292
practice any nursing specialty other than the specialty 3,293
designated on the current, valid certificate; 3,294
(3) Use the title "certified registered nurse anesthetist" 3,297
74
or the initials "N.A." or "C.R.N.A.," the title "clinical nurse
specialist" or the initials "C.N.S.," the title "certified 3,299
nurse-midwife" or the initials "C.N.M.," the title "certified 3,300
nurse practitioner" or the initials "C.N.P.," or any other title 3,302
or initials implying that the nurse is authorized to practice any 3,303
nursing specialty other than the specialty designated on the 3,304
nurse's current, valid certificate; 3,305
(4) Enter into a standard care arrangement with a 3,307
physician or podiatrist whose practice is not the same or similar 3,308
to the nurse's nursing specialty; 3,309
(5) PRESCRIBE DRUGS OR THERAPEUTIC DEVICES UNLESS THE 3,311
NURSE HOLDS A CURRENT, VALID CERTIFICATE TO PRESCRIBE ISSUED 3,312
UNDER SECTION 4723.48 OF THE REVISED CODE; 3,315
(6) IF THE NURSE HOLDS A CURRENT, VALID CERTIFICATE TO 3,317
PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE REVISED CODE, 3,320
PRESCRIBE DRUGS OR THERAPEUTIC DEVICES THAT ARE NOT LISTED ON THE 3,322
FORMULARY ESTABLISHED UNDER SECTION 4723.06 OF THE REVISED CODE. 3,324
(D) No person shall knowingly employ a person to engage in 3,327
the practice of nursing as a certified registered nurse 3,328
anesthetist, clinical nurse specialist, certified nurse-midwife,
or certified nurse practitioner unless the person so employed 3,329
holds a current, valid certificate of authority to engage in that 3,330
nursing specialty issued by the board under this chapter. 3,331
(E) A certificate certified by the executive director of 3,334
the board, under the official seal of the board, to the effect 3,335
that it appears from the records that no certificate of authority 3,336
to practice nursing as a certified registered nurse anesthetist, 3,338
clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner has been issued to any person specified 3,340
therein, or that a certificate, if issued, has been revoked or 3,341
suspended, shall be received as prima-facie evidence of the 3,342
record in any court or before any officer of the state. 3,343
Sec. 4723.47. (A) If a certified registered nurse 3,353
anesthetist's, clinical nurse specialist's, certified 3,354
75
nurse-midwife's, or certified nurse practitioner's license to 3,355
practice nursing as a registered nurse expires for failure to 3,356
renew under section 4723.24 of the Revised Code, the nurse's 3,357
certificate of authority to practice nursing as a certified 3,358
registered nurse anesthetist, clinical nurse specialist, 3,359
certified nurse-midwife, or certified nurse practitioner is 3,361
automatically suspended until the license is reinstated. If the 3,362
license is revoked under section 4723.28 or 4723.281 of the
Revised Code, the nurse's certificate of authority is 3,363
automatically revoked. If the license is suspended under either 3,364
section, the nurse's certificate of authority is automatically 3,365
suspended while the license remains suspended. 3,366
(B) IF THE CERTIFICATE OF AUTHORITY OF A CERTIFIED 3,368
REGISTERED NURSE ANESTHETIST, CLINICAL NURSE SPECIALIST, 3,369
CERTIFIED NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER TO 3,370
PRACTICE NURSING AS A CERTIFIED REGISTERED NURSE ANESTHETIST, 3,372
CLINICAL NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED 3,373
NURSE PRACTITIONER EXPIRES FOR FAILURE TO RENEW UNDER SECTION 3,374
4723.41 OF THE REVISED CODE, THE NURSE'S CERTIFICATE TO PRESCRIBE 3,377
DRUGS AND THERAPEUTIC DEVICES IS AUTOMATICALLY SUSPENDED UNTIL 3,378
THE CERTIFICATE OF AUTHORITY IS REINSTATED. IF THE CERTIFICATE 3,379
OF AUTHORITY BECOMES INACTIVE IN ACCORDANCE WITH SECTION 4723.42 3,380
OF THE REVISED CODE, THE NURSE'S CERTIFICATE TO PRESCRIBE DRUGS 3,383
AND THERAPEUTIC DEVICES IS AUTOMATICALLY SUSPENDED UNTIL THE 3,384
CERTIFICATE OF AUTHORITY BECOMES ACTIVE. IF THE CERTIFICATE OF 3,386
AUTHORITY IS REVOKED UNDER SECTION 4723.28 OR 4723.281 OF THE 3,387
REVISED CODE, THE NURSE'S CERTIFICATE TO PRESCRIBE IS 3,389
AUTOMATICALLY REVOKED. IF THE CERTIFICATE OF AUTHORITY IS 3,390
SUSPENDED UNDER EITHER SECTION, THE NURSE'S CERTIFICATE TO 3,391
PRESCRIBE IS AUTOMATICALLY SUSPENDED WHILE THE CERTIFICATE OF 3,392
AUTHORITY REMAINS SUSPENDED. IF A RESTRICTION IS PLACED ON THE 3,393
CERTIFICATE OF AUTHORITY UNDER SECTION 4723.28 OF THE REVISED 3,396
CODE, THE SAME RESTRICTION IS PLACED ON THE NURSE'S CERTIFICATE 3,397
TO PRESCRIBE WHILE THE CERTIFICATE OF AUTHORITY REMAINS 3,398
76
RESTRICTED.
Sec. 4723.48. (A) TO BE ELIGIBLE FOR A CERTIFICATE TO 3,401
PRESCRIBE DRUGS AND THERAPEUTIC DEVICES, A CERTIFIED REGISTERED 3,402
NURSE ANESTHETIST, CLINICAL NURSE SPECIALIST, CERTIFIED 3,403
NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER MUST, WITHIN THE 3,404
THREE-YEAR PERIOD PRIOR TO APPLYING FOR THE CERTIFICATE, HAVE 3,406
SUCCESSFULLY COMPLETED A COURSE OF STUDY IN ADVANCED PHARMACOLOGY 3,408
THROUGH EITHER OF THE FOLLOWING:
(1) PLANNED CLASSROOM AND CLINICAL STUDY IN ADVANCED 3,410
PHARMACOLOGY THAT MEETS THE COURSE REQUIREMENTS OF DIVISION (B) 3,411
OF THIS SECTION AND IS APPROVED BY THE BOARD OF NURSING PURSUANT 3,412
TO RULES ADOPTED UNDER SECTION 4723.07 OF THE REVISED CODE; 3,413
(2) ADVANCED PHARMACOLOGY CLASSES THAT MEET THE COURSE 3,415
REQUIREMENTS OF DIVISION (B) OF THIS SECTION AND ARE APPROVED BY 3,417
THE BOARD PURSUANT TO RULES ADOPTED UNDER SECTION 4723.07 OF THE 3,418
REVISED CODE. 3,419
(B) THE COURSE OF STUDY IN ADVANCED PHARMACOLOGY REQUIRED 3,421
BY DIVISION (A) OF THIS SECTION MUST INCLUDE ALL OF THE 3,424
FOLLOWING:
(1) PHARMACOKINETIC PRINCIPLES AND CLINICAL APPLICATION; 3,426
(2) USE OF DRUGS AND THERAPEUTIC DEVICES IN THE PREVENTION 3,429
OF ILLNESS AND MAINTENANCE OF HEALTH;
(3) A CONTENT SPECIFIC TO THE CERTIFIED REGISTERED NURSE 3,431
ANESTHETIST'S, CLINICAL NURSE SPECIALIST'S, CERTIFIED 3,432
NURSE-MIDWIFE'S, OR CERTIFIED NURSE PRACTITIONER'S NURSING 3,433
SPECIALTY; 3,434
(4) THE FISCAL IMPLICATIONS OF PRESCRIBING DRUGS AND 3,436
THERAPEUTIC DEVICES; 3,438
(5) THE ETHICAL IMPLICATIONS OF PRESCRIBING DRUGS AND 3,440
THERAPEUTIC DEVICES; 3,441
(6) THE STATE AND FEDERAL LAWS REGULATING ALL ASPECTS OF 3,443
PHARMACOLOGY; 3,444
(7) ANY ADDITIONAL REQUIREMENT PROVIDED FOR PURSUANT TO 3,446
RULES ADOPTED BY THE BOARD UNDER SECTION 4723.07 OF THE REVISED 3,447
77
CODE.
(C) AN APPLICANT FOR A CERTIFICATE UNDER THIS SECTION 3,450
SHALL FILE WITH THE BOARD A WRITTEN APPLICATION THAT CONTAINS ALL 3,451
OF THE FOLLOWING:
(1) EVIDENCE OF MEETING THE REQUIREMENTS OF SECTION 3,453
4723.41 OF THE REVISED CODE IN THE APPLICANT'S NURSING SPECIALTY; 3,455
(2) EVIDENCE OF HAVING SUCCESSFULLY COMPLETED THE ADVANCED 3,457
PHARMACOLOGY INSTRUCTION REQUIRED BY DIVISION (A) OF THIS 3,459
SECTION;
(3) ON A FORM APPROVED BY THE BOARD AND INCLUDED WITH THE 3,461
APPLICATION, A STATEMENT BY A PHYSICIAN WHO IS COLLABORATING WITH 3,462
OR SUPERVISING THE APPLICANT ATTESTING THAT, AFTER SUCCESSFULLY 3,463
COMPLETING THE ADVANCED PHARMACOLOGY INSTRUCTION REQUIRED BY 3,464
DIVISION (A) OF THIS SECTION AND FOR A PERIOD OF NOT LESS THAN 3,465
ONE YEAR, THE APPLICANT HAS DEMONSTRATED COMPETENCE, KNOWLEDGE, 3,466
AND SKILL IN PHARMACOKINETIC PRINCIPLES AND THEIR CLINICAL 3,467
APPLICATION TO THE NURSE'S SPECIALTY CONSISTENT WITH THE
INSTRUCTION REQUIRED BY DIVISION (A) OF THIS SECTION; 3,469
(4) THE FEE REQUIRED BY SECTION 4723.08 OF THE REVISED 3,472
CODE FOR A CERTIFICATE TO PRESCRIBE; 3,473
(5) ANY ADDITIONAL INFORMATION THE BOARD REQUIRES PURSUANT 3,475
TO RULES ADOPTED UNDER SECTION 4723.07 OF THE REVISED CODE. 3,477
THE BOARD SHALL ISSUE A CERTIFICATE TO PRESCRIBE DRUGS AND 3,479
THERAPEUTIC DEVICES TO AN APPLICANT WHO MEETS THE REQUIREMENTS OF 3,481
THIS DIVISION.
(D)(1) THE BOARD MAY WAIVE THE REQUIREMENT THAT THE 3,483
ADVANCED PHARMACOLOGY INSTRUCTION REQUIRED BY DIVISION (A) OF 3,485
THIS SECTION HAS BEEN COMPLETED WITHIN THE THREE-YEAR PERIOD 3,486
PRIOR TO APPLICATION FOR A CERTIFICATE IF THE APPLICANT SUBMITS 3,487
TO THE BOARD EVIDENCE THAT THE APPLICANT IS AUTHORIZED TO 3,489
PRESCRIBE DRUGS AND THERAPEUTIC DEVICES IN ANOTHER JURISDICTION 3,490
AND HAS BEEN PRESCRIBING DRUGS AND THERAPEUTIC DEVICES UNDER THAT 3,492
AUTHORITY.
(2) THE BOARD MAY WAIVE THE REQUIREMENT DESCRIBED IN 3,494
78
DIVISION (C)(3) OF THIS SECTION IF A PHYSICIAN WHO COLLABORATES 3,496
WITH OR SUPERVISES THE APPLICANT RECOMMENDS ON A FORM APPROVED BY 3,497
THE BOARD THAT THE APPLICANT BE GRANTED A CERTIFICATE UNDER THIS 3,498
SECTION AND ONE OF THE FOLLOWING APPLIES:
(a) AS OF THE EFFECTIVE DATE OF THIS SECTION, THE 3,500
APPLICANT HAS THREE CONSECUTIVE YEARS OF CLINICAL EXPERIENCE, 3,502
WITHIN THE FIVE-YEAR PERIOD PRIOR TO THE EFFECTIVE DATE OF THIS 3,503
SECTION, AS A REGISTERED NURSE PRACTICING IN OHIO AS A NURSE 3,504
ANESTHETIST, CLINICAL NURSE SPECIALIST, NURSE-MIDWIFE, OR NURSE 3,505
PRACTITIONER.
(b) THE APPLICANT SUBMITS TO THE BOARD EVIDENCE THAT THE 3,507
APPLICANT IS AUTHORIZED IN ANOTHER JURISDICTION TO PRESCRIBE 3,509
DRUGS AND THERAPEUTIC DEVICES AND HAS THREE CONSECUTIVE YEARS OF 3,510
CLINICAL EXPERIENCE, WITHIN THE FIVE-YEAR PERIOD PRECEDING THE 3,511
DATE AN APPLICATION IS FILED UNDER DIVISION (C) OF THIS SECTION, 3,512
AS A REGISTERED NURSE PRACTICING IN ANOTHER JURISDICTION AS A 3,513
NURSE ANESTHETIST, CLINICAL NURSE SPECIALIST, NURSE-MIDWIFE, OR 3,514
NURSE PRACTITIONER.
(E) A CERTIFICATE ISSUED UNDER THIS SECTION SHALL BE 3,517
RENEWED BIENNIALLY ACCORDING TO RULES AND A SCHEDULE ADOPTED BY 3,518
THE BOARD. THE BOARD MAY RENEW THE CERTIFICATE IF THE HOLDER 3,519
SUBMITS TO THE BOARD ALL OF THE FOLLOWING: 3,520
(1) EVIDENCE OF HAVING COMPLETED DURING THE PREVIOUS TWO 3,522
YEARS AT LEAST TWELVE HOURS OF CONTINUING EDUCATION IN ADVANCED 3,524
PHARMACOLOGY FROM AN ACCREDITED INSTITUTION RECOGNIZED BY THE
BOARD OR, IN THE CASE OF A CERTIFICATE TO PRESCRIBE THAT WAS 3,526
ISSUED FOR LESS THAN THE BIENNIAL RENEWAL PERIOD, EVIDENCE OF 3,527
HAVING COMPLETED THE NUMBER OF HOURS SPECIFIED BY THE BOARD IN 3,528
RULES ADOPTED UNDER DIVISION (R) OF SECTION 4723.07 OF THE 3,531
REVISED CODE; 3,532
(2) THE RENEWAL FEE REQUIRED BY SECTION 4723.08 OF THE 3,535
REVISED CODE;
(3) ANY ADDITIONAL INFORMATION THE BOARD REQUIRES PURSUANT 3,537
TO RULES ADOPTED UNDER SECTION 4723.07 OF THE REVISED CODE. 3,539
79
(F) EACH CERTIFIED REGISTERED NURSE ANESTHETIST, CLINICAL 3,542
NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE, AND CERTIFIED NURSE 3,543
PRACTITIONER WHO HOLDS A CERTIFICATE TO PRESCRIBE DRUGS AND 3,544
THERAPEUTIC DEVICES SHALL PRESCRIBE IN ACCORDANCE WITH THE 3,545
FORMULARY ESTABLISHED UNDER SECTION 4723.06 OF THE REVISED CODE. 3,548
(G) THE CONTINUING EDUCATION IN ADVANCED PHARMACOLOGY 3,550
REQUIRED BY THIS SECTION IS IN ADDITION TO THE CONTINUING 3,551
EDUCATION REQUIRED BY SECTION 4723.24 OF THE REVISED CODE. 3,553
Sec. 4723.49. (A) THERE IS HEREBY CREATED THE JOINT 3,556
ADVISORY COUNCIL ON ADVANCED PRACTICE NURSING CONSISTING OF THE 3,557
FOLLOWING MEMBERS:
(1) A CERTIFIED NURSE-MIDWIFE; 3,559
(2) A CERTIFIED REGISTERED NURSE ANESTHETIST; 3,561
(3) A CERTIFIED NURSE PRACTITIONER; 3,563
(4) A CLINICAL NURSE SPECIALIST; 3,565
(5) A MEMBER OF THE BOARD OF NURSING WHO IS A REGISTERED 3,567
NURSE;
(6) THREE INDIVIDUALS WHO HOLD VALID CERTIFICATES ISSUED 3,569
UNDER CHAPTER 4731. OF THE REVISED CODE AUTHORIZING THE PRACTICE 3,571
OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR 3,573
PODIATRY, AT LEAST TWO OF WHOM ARE INDIVIDUALS WHO COLLABORATE
WITH OR SUPERVISE CERTIFIED NURSE-MIDWIVES, CERTIFIED REGISTERED 3,574
NURSE ANESTHETISTS, CERTIFIED NURSE PRACTITIONERS, OR CLINICAL 3,575
NURSE SPECIALISTS; 3,576
(7) AN INDIVIDUAL WHO HOLDS A VALID IDENTIFICATION CARD 3,578
ISSUED UNDER CHAPTER 4729. OF THE REVISED CODE AUTHORIZING THE 3,580
PRACTICE OF PHARMACY.
(B) INITIAL APPOINTMENTS OF MEMBERS SHALL BE MADE BY THE 3,583
BOARD OF NURSING NO LATER THAN NINETY DAYS AFTER THE EFFECTIVE 3,584
DATE OF THIS SECTION. THE BOARD OF NURSING SHALL APPOINT THE 3,585
MEMBERS BASED ON RECOMMENDATIONS SUBMITTED UNDER DIVISION (D) OF 3,586
THIS SECTION. OF THE INITIAL APPOINTMENTS OF THE MEMBERS 3,587
DESCRIBED IN DIVISIONS (A)(1) TO (4) OF THIS SECTION, TWO SHALL 3,589
BE FOR TERMS OF THREE YEARS AND TWO SHALL BE FOR TERMS OF TWO 3,590
80
YEARS. THE INITIAL APPOINTMENT OF THE MEMBER DESCRIBED IN
DIVISION (A)(5) OF THIS SECTION SHALL BE FOR THREE YEARS. OF THE 3,591
INITIAL APPOINTMENTS OF THE MEMBERS DESCRIBED IN DIVISION (A)(6) 3,593
OF THIS SECTION, ONE SHALL BE FOR A TERM OF THREE YEARS AND TWO 3,594
SHALL BE FOR TERMS OF TWO YEARS. THE INITIAL APPOINTMENT OF THE 3,595
MEMBER DESCRIBED IN DIVISION (A)(7) OF THIS SECTION SHALL BE FOR 3,597
THREE YEARS. THEREAFTER, ALL APPOINTMENTS SHALL BE FOR TERMS OF 3,598
THREE YEARS, EACH TERM ENDING ON THE SAME DAY OF THE SAME MONTH 3,599
OF THE YEAR AS DID THE TERM THAT IT SUCCEEDS. WHEN THE TERM OF 3,600
ANY MEMBER EXPIRES, A SUCCESSOR SHALL BE APPOINTED WHO HAS THE 3,601
QUALIFICATIONS THE VACANCY REQUIRES. ANY MEMBER APPOINTED TO 3,602
FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION OF THE TERM FOR 3,603
WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE 3,604
FOR THE REMAINDER OF THAT TERM. A MEMBER SHALL CONTINUE IN 3,605
OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE MEMBER'S TERM 3,606
UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE, OR UNTIL A PERIOD OF 3,607
SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. NO MEMBER SHALL 3,608
BE REAPPOINTED TO THE COUNCIL MORE THAN ONCE. 3,609
MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT SHALL RECEIVE 3,611
THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE 3,612
OF THEIR OFFICIAL DUTIES. 3,613
(C) THE COUNCIL SHALL SELECT A CHAIRPERSON FROM THE 3,616
MEMBERS LISTED IN DIVISIONS (A)(1) TO (4) OF THIS SECTION. THE 3,618
COUNCIL MAY SELECT A NEW CHAIRPERSON AT ANY TIME. THE COUNCIL 3,619
SHALL MEET AT INTERVALS AGREED TO BY ITS MEMBERS OR AT THE CALL 3,620
OF THE CHAIRPERSON. FIVE MEMBERS OF THE COUNCIL SHALL CONSTITUTE 3,622
A QUORUM. THE COUNCIL SHALL ADVISE THE BOARD OF NURSING IN ALL 3,623
MATTERS RELATING TO ADVANCED PRACTICE NURSES. THE COUNCIL MAY 3,624
MAKE RECOMMENDATIONS TO THE BOARD REGARDING ADVANCED PRACTICE 3,625
NURSING WHEN THE COUNCIL DETERMINES THAT A RECOMMENDATION IS 3,626
APPROPRIATE. THE BOARD OF NURSING SHALL CONSIDER ALL 3,627
RECOMMENDATIONS MADE BY THE COUNCIL. IT IS NOT NECESSARY FOR THE 3,628
COUNCIL TO MAKE A RECOMMENDATION BEFORE THE BOARD MAY TAKE ACTION 3,629
REGARDING A PARTICULAR MATTER.
81
(D) INDIVIDUALS AND PROFESSIONAL NURSING ASSOCIATIONS MAY 3,632
MAKE RECOMMENDATIONS TO THE BOARD OF NURSING FOR THE APPOINTMENT 3,633
OF THE MEMBERS DESCRIBED IN DIVISIONS (A)(1) TO (4) OF THIS 3,635
SECTION. INDIVIDUALS AND PROFESSIONAL MEDICAL ASSOCIATIONS MAY 3,636
MAKE RECOMMENDATIONS TO THE BOARD FOR THE MEMBERS DESCRIBED IN 3,637
DIVISION (A)(6) OF THIS SECTION. INDIVIDUALS AND PROFESSIONAL 3,639
PHARMACY ASSOCIATIONS MAY MAKE RECOMMENDATIONS TO THE BOARD FOR 3,640
THE MEMBER DESCRIBED IN DIVISION (A)(7) OF THIS SECTION. IF NO 3,642
RECOMMENDATIONS ARE MADE TO FILL A VACANCY, THE BOARD OF NURSING 3,643
SHALL APPOINT A MEMBER TO FILL THE VACANCY ON ITS OWN 3,644
RECOMMENDATION.
Sec. 4723.52. (A) The school of nursing of case western 3,653
reserve university, the school of nursing of wright state 3,654
university, and the university of Cincinnati college of nursing 3,655
and health shall each establish a pilot program to provide access 3,656
to health care in underserved areas through the use of advanced 3,657
practice nurses. Each pilot program shall be operated by the 3,658
nursing faculty of the university at which it is established. 3,659
Each pilot program shall cease to exist on January 1, 2010. 3,660
An advisory committee shall be established for each of the 3,662
pilot programs. The dean of the medical school at case western 3,663
reserve university shall appoint two physicians to serve on the 3,664
advisory committee of the university's pilot program. The dean 3,665
of the medical school at wright state university shall appoint 3,666
two physicians to serve on the advisory committee of the 3,667
university's pilot program. The dean of the medical school at 3,668
the university of Cincinnati shall appoint two physicians to 3,669
serve on the advisory committee of the university's pilot 3,670
program. To be appointed, a physician must have experience 3,671
working with registered nurses who are approved as advanced 3,672
practice nurses under section 4723.55 of the Revised Code or, 3,673
until one year after the board of nursing begins approving nurses 3,674
under that section, nurses who are qualified to be approved under 3,675
that section. 3,676
82
(B) The advisory committee of each pilot program shall 3,678
develop a standard care arrangement in accordance with rules 3,679
adopted by the board of nursing under section 4723.54 of the 3,680
Revised Code. The standard care arrangement applies only to the 3,681
advanced practice nurses included in the pilot program for which 3,682
it is developed. Each advisory committee shall submit a copy of 3,683
its standard care arrangement to the board of nursing for review 3,684
within thirty days after the board adopts final rules under 3,685
division (A) of section 4723.54 of the Revised Code. 3,686
(C) Each standard care arrangement shall establish 3,688
conditions under which an advanced practice nurse must refer a 3,689
patient to a physician and procedures for quality assurance 3,690
reviews of advanced practice nurses by the advisory committee, 3,691
and shall comply with any other requirements established by the 3,692
board of nursing in rules adopted under section 4723.54 of the 3,693
Revised Code. 3,694
(D) Biennially, each pilot program shall submit a written 3,696
report of its operation to the governor, the speaker of the house 3,697
of representatives, the president of the senate, the board of 3,698
nursing, the state medical board, the state board of pharmacy, 3,699
AND the department of health, and the formulary committee for 3,700
advanced practice nurses established under section 4723.57 of the 3,701
Revised Code. The first report shall be submitted no later than 3,702
July 1, 1994. 3,703
Sec. 4723.56. (A) For purposes of the pilot programs 3,712
established by section 4723.52 of the Revised Code, the board of 3,713
nursing may approve an advanced practice nurse to prescribe drugs 3,714
and therapeutic devices if the nurse submits to the board all of 3,715
the following: 3,716
(1) Evidence of having attained at least a master's degree 3,718
in nursing from an accredited institution recognized by the 3,719
board; 3,720
(2) Evidence of completing the pharmacology instruction 3,722
required by division (B) of this section; 3,723
83
(3) A copy of the protocol established between the nurse 3,725
and the nurse's collaborating physician that meets the 3,726
requirements of division (C) of this section and receives 3,727
approval from the formulary committee for advanced practice 3,728
nurses established under section 4723.57 of the Revised Code; 3,729
(4) Any other information the board requires pursuant to 3,731
rules adopted under section 4723.58 of the Revised Code; 3,732
(5) The fee established in rules adopted under section 3,734
4723.54 of the Revised Code. 3,735
(B) To receive approval under this section to prescribe 3,737
drugs and therapeutic devices, an advanced practice nurse must 3,738
have completed a minimum of thirty hours of instruction in 3,739
pharmacology. The instruction must have been completed within 3,740
three years prior to application for the approval, unless the 3,741
board of nursing establishes by rule adopted under section 3,742
4723.58 of the Revised Code another time period within which the 3,743
instruction must have been completed. The instruction may have 3,744
been received through either of the following: 3,745
(1) Planned classroom, clinical, or provider-directed 3,747
independent study in pharmacology from an accredited institution 3,748
recognized by the board of nursing; 3,749
(2) Pharmacology courses determined to be acceptable by 3,751
the board pursuant to rules adopted under section 4723.58 of the 3,752
Revised Code. 3,753
(C) Each advanced practice nurse who desires to receive 3,755
approval under this section to prescribe drugs and therapeutic 3,756
devices shall enter into an arrangement with a collaborating 3,757
physician. The advanced practice nurse and the collaborating 3,758
physician shall develop a written protocol that establishes the 3,759
arrangement between the nurse and the physician. The protocol 3,760
shall include the following: 3,761
(1) The drugs that the advanced practice nurse may 3,763
prescribe and the limitations on the authority to prescribe them, 3,765
including any restrictions on dosage units or refills, in
84
accordance with the formulary established in rules adopted under 3,766
section 4723.58 of the Revised Code; 3,767
(2) The conditions under which the advanced practice nurse 3,769
must refer patients to the collaborating physician or another 3,770
physician; 3,771
(3) The responsibilities of the collaborating physician; 3,773
(4) Procedures for quality assurance reviews of the 3,775
advanced practice nurse by the collaborating physician. 3,776
(D)(1) On receipt of a protocol under division (A) of this 3,778
section, the board shall submit the protocol to the formulary 3,779
committee for advanced practice nurses for the committee's 3,780
review. APPROVAL TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES 3,781
GRANTED UNDER THE VERSION OF THIS SECTION THAT WAS IN EFFECT 3,782
IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT SHALL 3,783
REMAIN VALID FOR THE REMAINDER OF THE PERIOD FOR WHICH IT WAS 3,784
OBTAINED. An advanced practice nurse shall prescribe drugs and 3,785
therapeutic devices only in accordance with a protocol 3,786
ESTABLISHED BETWEEN THE NURSE AND THE NURSE'S COLLABORATING
PHYSICIAN THAT MEETS THE REQUIREMENTS OF DIVISION (C) OF THE 3,787
VERSION OF THIS SECTION THAT WAS IN EFFECT IMMEDIATELY PRIOR TO 3,788
THE EFFECTIVE DATE OF THIS AMENDMENT AND approved by the 3,789
FORMULARY committee FOR ADVANCED PRACTICE NURSES ESTABLISHED 3,790
UNDER SECTION 4723.57 OF THE REVISED CODE.
(2)(B) If an advanced practice nurse and collaborating 3,792
physician propose to make a change in an approved protocol, the 3,793
advanced practice nurse shall file the proposed change with the 3,794
board of nursing at least thirty days prior to the date on which 3,795
the proposed change is intended to become effective. The board 3,796
shall submit the proposed change to the formulary committee for 3,797
the committee's review. The advanced practice nurse and 3,798
collaborating physician shall implement the change only if it is 3,799
approved by the committee. 3,800
(E)(C) Notwithstanding any other provision of this chapter 3,802
or Chapter 2925., 3719., 4729., or 4731. of the Revised Code to 3,803
85
the contrary, an advanced practice nurse approved under this 3,804
section may prescribe drugs and therapeutic devices as specified 3,805
in the protocol established between the nurse and the 3,806
collaborating physician and may personally supply drugs and 3,807
therapeutic devices in accordance with section 4723.561 of the 3,808
Revised Code.
(F) Approval under this section to prescribe and 3,810
personally supply drugs and therapeutic devices is valid for two 3,811
years. The board may renew its approval to prescribe drugs and 3,812
therapeutic devices if the nurse submits to the board all of the 3,813
following:
(1) Evidence of completing during the previous two years 3,815
at least twelve hours of continuing education in pharmacology 3,816
from an accredited institution recognized by the board; 3,817
(2) A written recommendation for renewal from the nurse's 3,819
collaborating physician; 3,820
(3) Any other information the board requires pursuant to 3,822
rules adopted under section 4723.58 of the Revised Code; 3,823
(4) The fee established in rules adopted under section 3,825
4723.54 of the Revised Code. 3,826
(G) The continuing education required by this section is 3,828
in addition to the continuing education required under section 3,829
4723.24 of the Revised Code. 3,830
(H) Application for approval under this section may be 3,832
made at the same time that application is made for approval under 3,833
section 4723.55 of the Revised Code or at any time subsequent to 3,834
receiving approval under that section. 3,835
Sec. 4723.561. An UNTIL TWO YEARS AFTER THE EFFECTIVE DATE 3,844
OF THIS AMENDMENT, AN advanced practice nurse approved by the 3,845
board of nursing under section 4723.56 of the Revised Code to 3,846
prescribe drugs and therapeutic devices as part of a pilot 3,848
program established under section 4723.52 of the Revised Code may 3,849
personally supply to patients the following drugs and devices 3,851
that are within the advanced practice nurse's authority to 3,852
86
prescribe: antibiotics, antifungals, scabicides, contraceptives, 3,853
and prenatal vitamins.
The advanced practice nurse shall maintain a written record 3,855
of drugs and devices personally supplied under this section. For 3,856
each drug or device supplied, the collaborating physician shall 3,857
review the record within seventy-two hours after the drug or 3,858
device is supplied.
Sec. 4723.57. (A) There is hereby created the formulary 3,868
committee for advanced practice nurses. Three members of the 3,869
committee shall be advanced practice nurses appointed by the 3,870
board of nursing, each of whom shall hold at least a master's 3,871
degree in nursing. One of these members shall be a nurse-midwife 3,872
certified by the American college of nurse-midwives, one shall be 3,873
a nurse practitioner certified as such by a national certifying 3,874
organization recognized by the board of nursing in accordance 3,875
with section 4723.55 of the Revised Code, and one shall be a 3,876
clinical nurse specialist certified as such by a national 3,877
certifying organization recognized by the board of nursing in 3,878
accordance with section 4723.55 of the Revised Code. Three 3,879
members shall be physicians appointed by the state medical board 3,880
who have experience working with advanced practice nurses. One 3,881
member shall be a pharmacist appointed by the state board of 3,882
pharmacy. The director of health or his THE DIRECTOR'S designee 3,883
shall serve as a nonvoting member of the formulary committee. 3,885
Initial appointments to the formulary committee shall be 3,887
made within sixty days after the effective date of this section 3,889
JANUARY 14, 1993. Vacancies shall be filled in the manner 3,890
provided for original appointments. 3,891
Annually, the formulary committee shall organize by 3,893
selecting a chairman CHAIRPERSON from its voting members. For 3,894
the committee to take any action, the action must be approved by 3,896
affirmative vote of at least four voting members, of which two 3,897
must be advanced practice nurses and two must be physicians. 3,898
Members shall serve without compensation but shall be reimbursed 3,899
87
by the board of nursing for their actual and necessary expenses 3,900
incurred in carrying out their duties as committee members. 3,901
(B) The UNTIL TWO YEARS AFTER THE EFFECTIVE DATE OF THIS 3,903
AMENDMENT, THE formulary committee shall make: 3,904
(1) MAKE recommendations to the board of nursing regarding 3,907
the board's adoption of rules under section 4723.58 of the 3,908
Revised Code. It shall review;
(2) REVIEW, and approve or disapprove, each protocol and 3,910
proposed change to a protocol it receives from the board of 3,911
nursing pursuant to section 4723.56 of the Revised Code. 3,912
Sec. 4723.58. (A) In UNTIL TWO YEARS AFTER THE EFFECTIVE 3,921
DATE OF THIS AMENDMENT AND IN accordance with Chapter 119. of the 3,922
Revised Code, the board of nursing shall adopt rules regarding 3,923
the approval of advanced practice nurses under section 4723.56 of 3,924
the Revised Code to prescribe drugs and therapeutic devices. The 3,925
rules shall be consistent with the recommendations of the 3,926
formulary committee for advanced practice nurses and shall 3,927
establish all of the following: 3,928
(1) A formulary listing the drugs and therapeutic devices, 3,930
including types and classes where appropriate, that may be 3,931
prescribed by advanced practice nurses; 3,932
(2) Requirements pertaining to the protocol that is 3,934
required to be established between an advanced practice nurse and 3,935
the nurse's collaborating physician; 3,936
(3) Requirements regarding the pharmacology courses that 3,938
an advanced practice nurse is required to complete to receive 3,939
approval or renewal of approval to prescribe drugs and 3,940
therapeutic devices; 3,941
(4) Standards and procedures for approval and renewal of 3,943
approval of advanced practice nurses to prescribe drugs and 3,944
therapeutic devices; 3,945
(5) Any other requirements with regard to advanced 3,947
practice nurses approved to prescribe drugs and therapeutic 3,948
devices. 3,949
88
(B) The drugs included in the formulary shall not include 3,951
any drug listed on schedule I or II, as specified in section 3,952
3719.41 of the Revised Code. The formulary may include 3,953
restrictions and requirements for prescriptions and shall include 3,954
requirements specific to advanced practice nursing. 3,955
Sec. 4723.59. (A) An advanced practice nurse shall 3,964
practice as an advanced practice nurse only in accordance with 3,965
the standard care arrangement developed under section 4723.52 of 3,966
the Revised Code for the pilot program in which the nurse is 3,967
participating. An advanced practice nurse who does not follow 3,968
the standard care arrangement is guilty of unprofessional conduct 3,969
and is subject to disciplinary action under section 4723.28 of 3,970
the Revised Code for violation of this chapter and the rules 3,971
adopted under it. 3,972
(B) An UNTIL TWO YEARS AFTER THE EFFECTIVE DATE OF THIS 3,974
AMENDMENT:
(1) AN advanced practice nurse approved under section 3,976
4723.56 of the Revised Code shall prescribe drugs and therapeutic 3,977
devices specified in the protocol established between the nurse 3,978
and the collaborating physician only in accordance with the 3,979
protocol. An advanced practice nurse approved under FORMER 3,980
section 4723.56 of the Revised Code shall personally supply drugs 3,981
and therapeutic devices in accordance with section 4723.561 of 3,983
the Revised Code. Any advanced practice nurse who does not 3,984
follow the protocol or personally supply drugs and devices in 3,985
accordance with section 4723.561 of the Revised Code is guilty of 3,987
unprofessional conduct and is subject to disciplinary action 3,988
under section 4723.28 of the Revised Code for violation of this 3,989
chapter and the rules adopted under it.
(C)(2) Any collaborating physician who does not perform 3,991
the responsibilities the physician agreed to perform in the 3,992
protocol established between the physician and an advanced 3,993
practice nurse in accordance with section 4723.56 of the Revised 3,994
Code is guilty of unprofessional conduct and is subject to 3,995
89
disciplinary action by the state medical board. Under this 3,996
division, the state medical board may revoke, limit, or suspend 3,997
the physician's certificate to practice, pursuant to an 3,998
adjudicatory hearing under Chapter 119. of the Revised Code and a 3,999
vote of not less than six of its members. 4,000
Sec. 4729.01. As used in this chapter: 4,009
(A) "Pharmacy," except when used in a context that refers 4,011
to the practice of pharmacy, means any area, room, rooms, place 4,012
of business, department, or portion of any of the foregoing where 4,014
the practice of pharmacy is conducted. 4,016
(B) "Practice of pharmacy" means providing pharmacist care 4,018
requiring specialized knowledge, judgment, and skill derived from 4,020
the principles of biological, chemical, behavioral, social, 4,021
pharmaceutical, and clinical sciences. As used in this division, 4,022
"pharmacist care" includes the following:
(1) Interpreting prescriptions; 4,024
(2) Compounding or dispensing drugs and dispensing drug 4,026
therapy related devices; 4,027
(3) Counseling individuals with regard to their drug 4,029
therapy, recommending drug therapy related devices, and assisting 4,031
in the selection of drugs and appliances for treatment of common 4,032
diseases and injuries and providing instruction in the proper use 4,034
of the drugs and appliances;
(4) Performing drug regimen reviews with individuals by 4,037
discussing all of the drugs that the individual is taking and
explaining the interactions of the drugs; 4,038
(5) Performing drug utilization reviews with licensed 4,040
health professionals authorized to prescribe drugs when the 4,041
pharmacist determines that an individual with a prescription has 4,042
a drug regimen that warrants additional discussion with the 4,043
prescriber; 4,044
(6) Advising an individual and the health care 4,046
professionals treating an individual with regard to the 4,047
individual's drug therapy; 4,048
90
(7) Acting pursuant to a consult agreement with a 4,050
physician authorized under Chapter 4731. of the Revised Code to 4,054
practice medicine and surgery or osteopathic medicine and 4,055
surgery, if an agreement has been established with the physician. 4,056
(C) "Compounding" means the preparation, mixing, 4,059
assembling, packaging, and labeling of one or more drugs in any 4,060
of the following circumstances: 4,061
(1) Pursuant to a prescription issued by a licensed health 4,064
professional authorized to prescribe drugs;
(2) Pursuant to the modification of a prescription made in 4,066
accordance with a consult agreement; 4,067
(3) As an incident to research, teaching activities, or 4,070
chemical analysis;
(4) In anticipation of prescription drug orders based on 4,073
routine, regularly observed dispensing patterns.
(D) "Consult agreement" means an agreement to manage an 4,075
individual's drug therapy that has been entered into by a 4,077
pharmacist and a physician authorized under Chapter 4731. of the 4,078
Revised Code to practice medicine and surgery or osteopathic 4,081
medicine and surgery.
(E) "Drug" means: 4,083
(1) Any article recognized in the United States 4,085
pharmacopoeia and national formulary, or any supplement to them, 4,087
intended for use in the diagnosis, cure, mitigation, treatment, 4,088
or prevention of disease in humans or animals; 4,089
(2) Any other article intended for use in the diagnosis, 4,091
cure, mitigation, treatment, or prevention of disease in humans 4,093
or animals;
(3) Any article, other than food, intended to affect the 4,095
structure or any function of the body of humans or animals; 4,097
(4) Any article intended for use as a component of any 4,099
article specified in division (C)(1), (2), or (3) of this 4,100
section; but does not include devices or their components, parts, 4,101
or accessories. 4,102
91
(F) "Dangerous drug" means any of the following: 4,104
(1) Any drug to which either of the following applies: 4,106
(a) Under the "Federal Food, Drug, and Cosmetic Act," 52 4,109
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is 4,110
required to bear a label containing the legend "Caution: Federal 4,112
law prohibits dispensing without prescription" or "Caution: 4,113
Federal law restricts this drug to use by or on the order of a 4,114
licensed veterinarian" or any similar restrictive statement, or 4,115
the drug may be dispensed only upon a prescription; 4,116
(b) Under Chapter 3715. or 3719. of the Revised Code, the 4,118
drug may be dispensed only upon a prescription. 4,119
(2) Any drug that contains a schedule V controlled 4,121
substance and that is exempt from Chapter 3719. of the Revised 4,122
Code or to which that chapter does not apply; 4,123
(3) Any drug intended for administration by injection into 4,125
the human body other than through a natural orifice of the human 4,126
body. 4,127
(G) "Federal drug abuse control laws" has the same meaning 4,129
as in section 3719.01 of the Revised Code. 4,130
(H) "Prescription" means a written, electronic, or oral 4,135
order for drugs or combinations or mixtures of drugs to be used 4,136
by a particular individual or for treating a particular animal, 4,137
issued by a licensed health professional authorized to prescribe 4,140
drugs.
(I) "Licensed health professional authorized to prescribe 4,143
drugs" or "prescriber" means an individual who is authorized by 4,145
law to prescribe drugs or dangerous drugs or drug therapy related 4,149
devices in the course of the individual's professional practice, 4,150
including only the following: 4,151
(1) A dentist licensed under Chapter 4715. of the Revised 4,154
Code;
(2) An UNTIL TWO YEARS AFTER THE EFFECTIVE DATE OF THIS 4,156
AMENDMENT, AN advanced practice nurse approved under section 4,158
4723.56 of the Revised Code to prescribe drugs and therapeutic 4,159
92
devices; 4,160
(3) A CERTIFIED REGISTERED NURSE ANESTHETIST, CLINICAL 4,162
NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED NURSE 4,163
PRACTITIONER WHO HOLDS A CERTIFICATE TO PRESCRIBE ISSUED UNDER 4,164
SECTION 4723.48 OF THE REVISED CODE;
(4) An optometrist licensed under Chapter 4725. of the 4,167
Revised Code to practice optometry under a therapeutic 4,170
pharmaceutical agents certificate;
(4)(5) A physician authorized under Chapter 4731. of the 4,173
Revised Code to practice medicine and surgery, osteopathic 4,175
medicine and surgery, or podiatry;
(5)(6) A veterinarian licensed under Chapter 4741. of the 4,177
Revised Code. 4,178
(J) "Sale" and "sell" include delivery, transfer, barter, 4,180
exchange, or gift, or offer therefor, and each such transaction 4,181
made by any person, whether as principal proprietor, agent, or 4,182
employee. 4,183
(K) "Wholesale sale" and "sale at wholesale" mean any sale 4,185
in which the purpose of the purchaser is to resell the article 4,186
purchased or received by the purchaser. 4,187
(L) "Retail sale" and "sale at retail" mean any sale other 4,189
than a wholesale sale or sale at wholesale. 4,190
(M) "Retail seller" means any person that sells any 4,192
dangerous drug to consumers without assuming control over and 4,193
responsibility for its administration. Mere advice or 4,194
instructions regarding administration do not constitute control 4,195
or establish responsibility. 4,196
(N) "Price information" means the price charged for a 4,198
prescription for a particular drug product and, in an easily 4,199
understandable manner, all of the following: 4,200
(1) The proprietary name of the drug product; 4,202
(2) The established (generic) name of the drug product; 4,204
(3) The strength of the drug product if the product 4,206
contains a single active ingredient or if the drug product 4,207
93
contains more than one active ingredient and a relevant strength 4,208
can be associated with the product without indicating each active 4,209
ingredient. The established name and quantity of each active 4,210
ingredient are required if such a relevant strength cannot be so 4,211
associated with a drug product containing more than one 4,212
ingredient. 4,213
(4) The dosage form; 4,215
(5) The price charged for a specific quantity of the drug 4,217
product. The stated price shall include all charges to the 4,218
consumer, including, but not limited to, the cost of the drug 4,219
product, professional fees, handling fees, if any, and a 4,220
statement identifying professional services routinely furnished 4,221
by the pharmacy. Any mailing fees and delivery fees may be 4,222
stated separately without repetition. The information shall not 4,223
be false or misleading. 4,224
(O) "Wholesale distributor of dangerous drugs" means a 4,226
person engaged in the sale of dangerous drugs at wholesale and 4,227
includes any agent or employee of such a person authorized by the 4,229
person to engage in the sale of dangerous drugs at wholesale. 4,230
(P) "Manufacturer of dangerous drugs" means a person, 4,232
other than a pharmacist, who manufactures dangerous drugs and who 4,233
is engaged in the sale of those dangerous drugs within this 4,234
state. 4,235
(Q) "Terminal distributor of dangerous drugs" means a 4,237
person who is engaged in the sale of dangerous drugs at retail, 4,239
or any person, other than a wholesale distributor or a 4,240
pharmacist, who has possession, custody, or control of dangerous 4,242
drugs for any purpose other than for that person's own use and 4,244
consumption, and includes pharmacies, hospitals, nursing homes, 4,245
and laboratories and all other persons who procure dangerous 4,246
drugs for sale or other distribution by or under the supervision 4,247
of a pharmacist or licensed health professional authorized to 4,248
prescribe drugs.
(R) "Promote to the public" means disseminating a 4,250
94
representation to the public in any manner or by any means, other 4,251
than by labeling, for the purpose of inducing, or that is likely 4,252
to induce, directly or indirectly, the purchase of a dangerous 4,253
drug at retail. 4,254
(S) "Person" includes any individual, partnership, 4,256
association, limited liability company, or corporation, the 4,257
state, any political subdivision of the state, and any district, 4,258
department, or agency of the state or its political subdivisions. 4,259
(T) "Finished dosage form" has the same meaning as in 4,261
section 3715.01 of the Revised Code. 4,262
(U) "Generically equivalent drug" has the same meaning as 4,264
in section 3715.01 of the Revised Code. 4,265
(V) "Animal shelter" means a facility operated by a humane 4,267
society or any society organized under Chapter 1717. of the 4,268
Revised Code or a dog pound operated pursuant to Chapter 955. of 4,269
the Revised Code. 4,270
(W) "Food" has the same meaning as in section 3715.01 of 4,273
the Revised Code.
Sec. 4729.51. (A) No person other than a registered 4,282
wholesale distributor of dangerous drugs shall possess for sale, 4,283
sell, distribute, or deliver, at wholesale, dangerous drugs, 4,284
except as follows: 4,285
(1) A pharmacist who is a licensed terminal distributor of 4,287
dangerous drugs or who is employed by a licensed terminal 4,288
distributor of dangerous drugs may make occasional sales of 4,289
dangerous drugs at wholesale; 4,290
(2) A licensed terminal distributor of dangerous drugs 4,292
having more than one establishment or place may transfer or 4,293
deliver dangerous drugs from one establishment or place for which 4,294
a license has been issued to the terminal distributor to another 4,295
establishment or place for which a license has been issued to the 4,296
terminal distributor if the license issued for each establishment 4,298
or place is in effect at the time of the transfer or delivery. 4,299
(B)(1) No registered wholesale distributor of dangerous 4,301
95
drugs shall possess for sale, or sell, at wholesale, dangerous 4,302
drugs to any person other than the following: 4,303
(a) A licensed health professional authorized to prescribe 4,306
drugs;
(b) An optometrist licensed under Chapter 4725. of the 4,308
Revised Code who holds a topical ocular pharmaceutical agents 4,310
certificate;
(c) A registered wholesale distributor of dangerous drugs; 4,312
(d) A manufacturer of dangerous drugs; 4,314
(e) A licensed terminal distributor of dangerous drugs, 4,316
subject to division (B)(2) of this section; 4,317
(f) Carriers or warehousers for the purpose of carriage or 4,321
storage;
(g) Terminal or wholesale distributors of dangerous drugs 4,323
who are not engaged in the sale of dangerous drugs within this 4,324
state; 4,325
(h) An individual who holds a current license, 4,327
certificate, or registration issued under Title 47 of the Revised 4,329
Code and has been certified to conduct diabetes education by a 4,330
national certifying body specified in rules adopted by the state 4,331
board of pharmacy under section 4729.68 of the Revised Code, but 4,332
only with respect to insulin that will be used for the purpose of 4,334
diabetes education and only if diabetes education is within the 4,335
individual's scope of practice under statutes and rules 4,336
regulating the individual's profession. 4,337
(2) No registered wholesale distributor of dangerous drugs 4,339
shall possess dangerous drugs for sale at wholesale, or sell such 4,340
drugs at wholesale, to a licensed terminal distributor of 4,341
dangerous drugs, except to: 4,342
(a) A terminal distributor who has a category I license, 4,344
only dangerous drugs described in category I, as defined in 4,345
division (A)(1) of section 4729.54 of the Revised Code; 4,346
(b) A terminal distributor who has a category II license, 4,348
only dangerous drugs described in category I and category II, as 4,349
96
defined in divisions (A)(1) and (2) of section 4729.54 of the 4,350
Revised Code; 4,351
(c) A terminal distributor who has a category III license, 4,353
dangerous drugs described in category I, category II, and 4,354
category III, as defined in divisions (A)(1), (2), and (3) of 4,355
section 4729.54 of the Revised Code; 4,356
(d) A terminal distributor who has a limited category I, 4,358
II, or III license, only the dangerous drugs specified in the 4,359
certificate furnished by the terminal distributor in accordance 4,360
with section 4729.60 of the Revised Code. 4,361
(C)(1) Except as provided in division (C)(4) of this 4,363
section, no person shall sell, at retail, dangerous drugs. 4,364
(2) Except as provided in division (C)(4) of this section, 4,366
no person shall possess for sale, at retail, dangerous drugs. 4,367
(3) Except as provided in division (C)(4) of this section, 4,369
no person shall possess dangerous drugs. 4,370
(4) Divisions (C)(1), (2), and (3) of this section do not 4,372
apply to a registered wholesale distributor of dangerous drugs, a 4,373
licensed terminal distributor of dangerous drugs, or a person who 4,374
possesses, or possesses for sale or sells, at retail, a dangerous 4,376
drug in accordance with Chapters 3719., 4715., 4723., 4725., 4,377
4729., 4731., and 4741. or section 4723.56 of the Revised Code. 4,379
Divisions (C)(1), (2), and (3) of this section do not apply 4,382
to an individual who holds a current license, certificate, or 4,383
registration issued under Title 47 of the Revised Code and has 4,386
been certified to conduct diabetes education by a national 4,387
certifying body specified in rules adopted by the state board of 4,388
pharmacy under section 4729.68 of the Revised Code, but only to 4,390
the extent that the individual possesses insulin or personally 4,391
supplies insulin solely for the purpose of diabetes education and 4,392
only if diabetes education is within the individual's scope of 4,393
practice under statutes and rules regulating the individual's 4,394
profession. 4,395
(D) No licensed terminal distributor of dangerous drugs 4,397
97
shall purchase for the purpose of resale dangerous drugs from any 4,399
person other than a registered wholesale distributor of dangerous 4,401
drugs, except as follows: 4,402
(1) A licensed terminal distributor of dangerous drugs may 4,404
make occasional purchases of dangerous drugs for resale from a 4,405
pharmacist who is a licensed terminal distributor of dangerous 4,406
drugs or who is employed by a licensed terminal distributor of 4,407
dangerous drugs; 4,408
(2) A licensed terminal distributor of dangerous drugs 4,410
having more than one establishment or place may transfer or 4,411
receive dangerous drugs from one establishment or place for which 4,412
a license has been issued to the terminal distributor to another 4,413
establishment or place for which a license has been issued to the 4,414
terminal distributor if the license issued for each establishment 4,415
or place is in effect at the time of the transfer or receipt. 4,416
(E) No licensed terminal distributor of dangerous drugs 4,418
shall engage in the sale or other distribution of dangerous drugs 4,419
at retail or maintain possession, custody, or control of 4,420
dangerous drugs for any purpose other than the distributor's 4,421
personal use or consumption, at any establishment or place other 4,423
than that or those described in the license issued by the board 4,424
of pharmacy to such terminal distributor. 4,425
(F) Nothing in this section shall be construed to 4,427
interfere with the performance of official duties by any law 4,428
enforcement official authorized by municipal, county, state, or 4,430
federal law to collect samples of any drug, regardless of its 4,431
nature or in whose possession it may be. 4,432
Sec. 4731.22. (A) The state medical board, by an 4,442
affirmative vote of not fewer than six of its members, may revoke 4,443
or may refuse to grant a certificate to a person found by the 4,444
board to have committed fraud during the administration of the 4,445
examination for a certificate to practice or to have committed 4,447
fraud, misrepresentation, or deception in applying for or 4,448
securing any certificate to practice or certificate of
98
registration issued by the board. 4,449
(B) The board, by an affirmative vote of not fewer than 4,452
six members, shall, to the extent permitted by law, limit, 4,453
revoke, or suspend an individual's certificate to practice, 4,455
refuse to register an individual, refuse to reinstate a 4,457
certificate, or reprimand or place on probation the holder of a 4,459
certificate for one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice 4,461
or certificate of registration to be used by a person, group, or 4,463
corporation when the individual concerned is not actually 4,464
directing the treatment given; 4,465
(2) Failure to maintain minimal standards applicable to 4,468
the selection or administration of drugs, or failure to employ 4,469
acceptable scientific methods in the selection of drugs or other 4,470
modalities for treatment of disease; 4,471
(3) Selling, giving away, personally furnishing, 4,473
prescribing, or administering drugs for other than legal and 4,474
legitimate therapeutic purposes or a plea of guilty to, a 4,476
judicial finding of guilt of, or a judicial finding of 4,477
eligibility for treatment in lieu of conviction of, a violation 4,479
of any federal or state law regulating the possession,
distribution, or use of any drug; 4,480
(4) Willfully betraying a professional confidence. 4,482
For purposes of this division, "willfully betraying a 4,484
professional confidence" does not include the making of a report 4,485
of an employee's use of a drug of abuse, or a report of a 4,486
condition of an employee other than one involving the use of a 4,487
drug of abuse, to the employer of the employee as described in 4,488
division (B) of section 2305.33 of the Revised Code. Nothing in 4,490
this division affects the immunity from civil liability conferred 4,492
by that section upon a physician who makes either type of report 4,493
in accordance with division (B) of that section. As used in this 4,494
division, "employee," "employer," and "physician" have the same 4,495
meanings as in section 2305.33 of the Revised Code. 4,496
99
(5) Making a false, fraudulent, deceptive, or misleading 4,499
statement in the solicitation of or advertising for patients; in 4,501
relation to the practice of medicine and surgery, osteopathic 4,502
medicine and surgery, podiatry, or a limited branch of medicine; 4,503
or in securing or attempting to secure any certificate to 4,505
practice or certificate of registration issued by the board.
As used in this division, "false, fraudulent, deceptive, or 4,507
misleading statement" means a statement that includes a 4,508
misrepresentation of fact, is likely to mislead or deceive 4,509
because of a failure to disclose material facts, is intended or 4,510
is likely to create false or unjustified expectations of 4,511
favorable results, or includes representations or implications 4,512
that in reasonable probability will cause an ordinarily prudent 4,513
person to misunderstand or be deceived. 4,514
(6) A departure from, or the failure to conform to, 4,516
minimal standards of care of similar practitioners under the same 4,517
or similar circumstances, whether or not actual injury to a 4,518
patient is established; 4,519
(7) Representing, with the purpose of obtaining 4,521
compensation or other advantage as personal gain or for any other 4,523
person, that an incurable disease or injury, or other incurable 4,524
condition, can be permanently cured; 4,525
(8) The obtaining of, or attempting to obtain, money or 4,527
anything of value by fraudulent misrepresentations in the course 4,528
of practice; 4,529
(9) A plea of guilty to, a judicial finding of guilt of, 4,532
or a judicial finding of eligibility for treatment in lieu of
conviction for, a felony; 4,533
(10) Commission of an act that constitutes a felony in 4,535
this state, regardless of the jurisdiction in which the act was 4,536
committed; 4,537
(11) A plea of guilty to, a judicial finding of guilt of, 4,540
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor committed in the course of 4,541
100
practice;
(12) Commission of an act in the course of practice that 4,543
constitutes a misdemeanor in this state, regardless of the 4,545
jurisdiction in which the act was committed; 4,546
(13) A plea of guilty to, a judicial finding of guilt of, 4,549
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor involving moral turpitude; 4,550
(14) Commission of an act involving moral turpitude that 4,552
constitutes a misdemeanor in this state, regardless of the 4,554
jurisdiction in which the act was committed; 4,555
(15) Violation of the conditions of limitation placed by 4,557
the board upon a certificate to practice; 4,558
(16) Failure to pay license renewal fees specified in this 4,560
chapter; 4,561
(17) Engaging in the division of fees for referral of 4,564
patients, or the receiving of a thing of value in return for a 4,566
specific referral of a patient to utilize a particular service or 4,567
business;
(18) Subject to section 4731.226 of the Revised Code, 4,569
violation of any provision of a code of ethics of the American 4,571
medical association, the American osteopathic association, the 4,572
American podiatric medical association, or any other national 4,573
professional organizations that the board specifies by rule. The 4,575
state medical board shall obtain and keep on file current copies 4,576
of the codes of ethics of the various national professional 4,577
organizations. The individual whose certificate is being 4,578
suspended or revoked shall not be found to have violated any 4,580
provision of a code of ethics of an organization not appropriate 4,581
to the individual's profession. 4,582
For purposes of this division, a "provision of a code of 4,585
ethics of a national professional organization" does not include 4,586
any provision that would preclude the making of a report by a 4,587
physician of an employee's use of a drug of abuse, or of a 4,588
condition of an employee other than one involving the use of a 4,589
101
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 4,591
this division affects the immunity from civil liability conferred 4,592
by that section upon a physician who makes either type of report 4,593
in accordance with division (B) of that section. As used in this 4,594
division, "employee," "employer," and "physician" have the same 4,595
meanings as in section 2305.33 of the Revised Code. 4,596
(19) Inability to practice according to acceptable and 4,598
prevailing standards of care by reason of mental illness or 4,599
physical illness, including, but not limited to, physical 4,600
deterioration that adversely affects cognitive, motor, or 4,601
perceptive skills. 4,602
In enforcing this division, the board, upon a showing of a 4,605
possible violation, may compel any individual authorized to 4,606
practice by this chapter or who has submitted an application 4,608
pursuant to this chapter to submit to a mental examination, 4,610
physical examination, including an HIV test, or both a mental and 4,612
a physical examination. The expense of the examination is the 4,614
responsibility of the individual compelled to be examined. 4,615
Failure to submit to a mental or physical examination or consent 4,616
to an HIV test ordered by the board constitutes an admission of 4,617
the allegations against the individual unless the failure is due 4,619
to circumstances beyond the individual's control, and a default 4,620
and final order may be entered without the taking of testimony or 4,621
presentation of evidence. If the board finds an individual 4,622
unable to practice because of the reasons set forth in this 4,624
division, the board shall require the individual to submit to 4,625
care, counseling, or treatment by physicians approved or 4,626
designated by the board, as a condition for initial, continued, 4,627
reinstated, or renewed authority to practice. An individual 4,629
affected under this division shall be afforded an opportunity to 4,631
demonstrate to the board the ability to resume practice in 4,632
compliance with acceptable and prevailing standards under the 4,633
provisions of the individual's certificate. For the purpose of 4,635
102
this division, any individual who applies for or receives a 4,636
certificate to practice under this chapter accepts the privilege 4,637
of practicing in this state and, by so doing, shall be deemed to 4,640
have given consent to submit to a mental or physical examination 4,641
when directed to do so in writing by the board, and to have 4,642
waived all objections to the admissibility of testimony or 4,643
examination reports that constitute a privileged communication. 4,644
(20) Except when civil penalties are imposed under section 4,646
4731.225 or 4731.281 of the Revised Code, and subject to section 4,647
4731.226 of the Revised Code, violating or attempting to violate, 4,649
directly or indirectly, or assisting in or abetting the violation 4,650
of, or conspiring to violate, any provisions of this chapter or 4,651
any rule promulgated by the board.
This division does not apply to a violation or attempted 4,653
violation of, assisting in or abetting the violation of, or a 4,654
conspiracy to violate, any provision of this chapter or any rule 4,655
adopted by the board that would preclude the making of a report 4,658
by a physician of an employee's use of a drug of abuse, or of a 4,659
condition of an employee other than one involving the use of a 4,660
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 4,662
this division affects the immunity from civil liability conferred 4,663
by that section upon a physician who makes either type of report 4,664
in accordance with division (B) of that section. As used in this 4,665
division, "employee," "employer," and "physician" have the same 4,666
meanings as in section 2305.33 of the Revised Code. 4,667
(21) The violation of any abortion rule adopted by the 4,669
public health council pursuant to section 3701.341 of the Revised 4,670
Code; 4,671
(22) Any of the following actions taken by the state 4,673
agency responsible for regulating the practice of medicine and 4,674
surgery, osteopathic medicine and surgery, podiatry, or the 4,675
limited branches of medicine in another state, for any reason 4,676
other than the nonpayment of fees: the limitation, revocation, 4,677
103
or suspension of an individual's license to practice; acceptance 4,678
of an individual's license surrender; denial of a license; 4,679
refusal to renew or reinstate a license; imposition of probation; 4,681
or issuance of an order of censure or other reprimand; 4,682
(23) The violation of section 2919.12 of the Revised Code 4,684
or the performance or inducement of an abortion upon a pregnant 4,685
woman with actual knowledge that the conditions specified in 4,686
division (B) of section 2317.56 of the Revised Code have not been 4,687
satisfied or with a heedless indifference as to whether those 4,688
conditions have been satisfied, unless an affirmative defense as 4,689
specified in division (H)(2) of that section would apply in a 4,690
civil action authorized by division (H)(1) of that section; 4,691
(24) The revocation, suspension, restriction, reduction, 4,693
or termination of clinical privileges by the United States 4,695
department of defense or department of veterans affairs or the 4,697
termination or suspension of a certificate of registration to 4,698
prescribe drugs by the drug enforcement administration of the 4,699
United States department of justice; 4,700
(25) Termination or suspension from participation in the 4,702
medicare or medicaid programs by the department of health and 4,704
human services or other responsible agency for any act or acts 4,705
that also would constitute a violation of division (B)(2), (3), 4,706
(6), (8), or (19) of this section; 4,707
(26) Impairment of ability to practice according to 4,709
acceptable and prevailing standards of care because of habitual 4,710
or excessive use or abuse of drugs, alcohol, or other substances 4,711
that impair ability to practice. 4,712
For the purposes of this division, any individual 4,714
authorized to practice by this chapter accepts the privilege of 4,716
practicing in this state subject to supervision by the board. By 4,717
filing an application for or holding a certificate to practice 4,720
under this chapter, an individual shall be deemed to have given 4,722
consent to submit to a mental or physical examination when 4,723
ordered to do so by the board in writing, and to have waived all 4,724
104
objections to the admissibility of testimony or examination 4,725
reports that constitute privileged communications. 4,726
If it has reason to believe that any individual authorized 4,728
to practice by this chapter or any applicant for certification to 4,730
practice suffers such impairment, the board may compel the 4,731
individual to submit to a mental or physical examination, or 4,732
both. The expense of the examination is the responsibility of 4,734
the individual compelled to be examined. Any mental or physical 4,736
examination required under this division shall be undertaken by a 4,737
treatment provider or physician who is qualified to conduct the 4,738
examination and who is chosen by the board. 4,739
Failure to submit to a mental or physical examination 4,742
ordered by the board constitutes an admission of the allegations 4,743
against the individual unless the failure is due to circumstances 4,744
beyond the individual's control, and a default and final order 4,745
may be entered without the taking of testimony or presentation of 4,746
evidence. If the board determines that the individual's ability 4,747
to practice is impaired, the board shall suspend the individual's 4,748
certificate or deny the individual's application and shall 4,749
require the individual, as a condition for initial, continued, 4,750
reinstated, or renewed certification to practice, to submit to 4,752
treatment.
Before being eligible to apply for reinstatement of a 4,754
certificate suspended under this division, the impaired 4,756
practitioner shall demonstrate to the board the ability to resume 4,758
practice in compliance with acceptable and prevailing standards 4,759
of care under the provisions of the practitioner's certificate. 4,760
The demonstration shall include, but shall not be limited to, the 4,762
following:
(a) Certification from a treatment provider approved under 4,764
section 4731.25 of the Revised Code that the individual has 4,766
successfully completed any required inpatient treatment; 4,767
(b) Evidence of continuing full compliance with an 4,769
aftercare contract or consent agreement; 4,770
105
(c) Two written reports indicating that the individual's 4,772
ability to practice has been assessed and that the individual has 4,773
been found capable of practicing according to acceptable and 4,774
prevailing standards of care. The reports shall be made by 4,775
individuals or providers approved by the board for making the 4,776
assessments and shall describe the basis for their determination. 4,777
The board may reinstate a certificate suspended under this 4,780
division after that demonstration and after the individual has 4,781
entered into a written consent agreement. 4,782
When the impaired practitioner resumes practice, the board 4,784
shall require continued monitoring of the individual. The 4,786
monitoring shall include, but not be limited to, compliance with 4,788
the written consent agreement entered into before reinstatement 4,789
or with conditions imposed by board order after a hearing, and, 4,790
upon termination of the consent agreement, submission to the 4,791
board for at least two years of annual written progress reports 4,792
made under penalty of perjury stating whether the individual has 4,793
maintained sobriety. 4,794
(27) A second or subsequent violation of section 4731.66 4,796
or 4731.69 of the Revised Code; 4,797
(28) Except as provided in division (N) of this section: 4,799
(a) Waiving the payment of all or any part of a deductible 4,802
or copayment that a patient, pursuant to a health insurance or 4,803
health care policy, contract, or plan that covers the 4,804
individual's services, otherwise would be required to pay if the 4,806
waiver is used as an enticement to a patient or group of patients 4,807
to receive health care services from that individual; 4,808
(b) Advertising that the individual will waive the payment 4,811
of all or any part of a deductible or copayment that a patient, 4,812
pursuant to a health insurance or health care policy, contract, 4,813
or plan that covers the individual's services, otherwise would be 4,815
required to pay. 4,816
(29) Failure to use universal blood and body fluid 4,818
precautions established by rules adopted under section 4731.051 4,819
106
of the Revised Code; 4,820
(30) Failure UNTIL TWO YEARS AFTER THE EFFECTIVE DATE OF 4,822
THIS AMENDMENT, FAILURE of a collaborating physician to perform 4,823
the responsibilities agreed to by the physician in the protocol 4,824
established between the physician and an advanced practice nurse 4,825
in accordance with section 4723.56 of the Revised Code; 4,826
(31) Failure to provide notice to, and receive 4,828
acknowledgment of the notice from, a patient when required by 4,830
section 4731.143 of the Revised Code prior to providing 4,831
nonemergency professional services, or failure to maintain that 4,832
notice in the patient's file;
(32) Failure of a physician supervising a physician 4,834
assistant to maintain supervision in accordance with the 4,835
requirements of Chapter 4730. of the Revised Code and the rules 4,836
adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a 4,838
standard care arrangement with a clinical nurse specialist, 4,839
certified nurse-midwife, or certified nurse practitioner with 4,840
whom the physician or podiatrist is in collaboration pursuant to 4,841
section 4731.27 of the Revised Code and practice in accordance 4,842
with the arrangement;
(34) Failure to comply with the terms of a consult 4,844
agreement entered into with a pharmacist pursuant to section 4,845
4729.39 of the Revised Code; 4,846
(35) Failure to cooperate in an investigation conducted by 4,848
the board under division (F) of this section, including failure 4,850
to comply with a subpoena or order issued by the board or failure 4,851
to answer truthfully a question presented by the board at a 4,852
deposition or in written interrogatories, except that failure to 4,853
cooperate with an investigation shall not constitute grounds for 4,854
discipline under this section if a court of competent 4,855
jurisdiction has issued an order that either quashes a subpoena 4,856
or permits the individual to withhold the testimony or evidence 4,857
in issue.
107
(C) Disciplinary actions taken by the board under 4,859
divisions (A) and (B) of this section shall be taken pursuant to 4,860
an adjudication under Chapter 119. of the Revised Code, except 4,861
that in lieu of an adjudication, the board may enter into a 4,862
consent agreement with an individual to resolve an allegation of 4,863
a violation of this chapter or any rule adopted under it. A 4,864
consent agreement, when ratified by an affirmative vote of not 4,865
fewer than six members of the board, shall constitute the 4,866
findings and order of the board with respect to the matter 4,867
addressed in the agreement. If the board refuses to ratify a 4,868
consent agreement, the admissions and findings contained in the 4,869
consent agreement shall be of no force or effect. 4,870
(D) For purposes of divisions (B)(10), (12), and (14) of 4,872
this section, the commission of the act may be established by a 4,873
finding by the board, pursuant to an adjudication under Chapter 4,875
119. of the Revised Code, that the individual committed the act.
The board does not have jurisdiction under those divisions if the 4,878
trial court renders a final judgment in the individual's favor
and that judgment is based upon an adjudication on the merits. 4,881
The board has jurisdiction under those divisions if the trial 4,882
court issues an order of dismissal upon technical or procedural 4,883
grounds.
(E) The sealing of conviction records by any court shall 4,885
have no effect upon a prior board order entered under this 4,886
section or upon the board's jurisdiction to take action under 4,887
this section if, based upon a plea of guilty, a judicial finding 4,889
of guilt, or a judicial finding of eligibility for treatment in 4,890
lieu of conviction, the board issued a notice of opportunity for 4,891
a hearing prior to the court's order to seal the records. The 4,892
board shall not be required to seal, destroy, redact, or 4,893
otherwise modify its records to reflect the court's sealing of 4,894
conviction records. 4,895
(F)(1) The board shall investigate evidence that appears 4,897
to show that a person has violated any provision of this chapter 4,899
108
or any rule adopted under it. Any person may report to the board
in a signed writing any information that the person may have that 4,901
appears to show a violation of any provision of this chapter or 4,902
any rule adopted under it. In the absence of bad faith, any 4,904
person who reports information of that nature or who testifies
before the board in any adjudication conducted under Chapter 119. 4,906
of the Revised Code shall not be liable in damages in a civil 4,907
action as a result of the report or testimony. Each complaint or 4,909
allegation of a violation received by the board shall be assigned 4,910
a case number and shall be recorded by the board. 4,911
(2) Investigations of alleged violations of this chapter 4,913
or any rule adopted under it shall be supervised by the 4,915
supervising member elected by the board in accordance with 4,916
section 4731.02 of the Revised Code and by the secretary as 4,917
provided in section 4731.39 of the Revised Code. The president
may designate another member of the board to supervise the 4,919
investigation in place of the supervising member. No member of
the board who supervises the investigation of a case shall 4,921
participate in further adjudication of the case.
(3) In investigating a possible violation of this chapter 4,924
or any rule adopted under this chapter, the board may administer 4,926
oaths, order the taking of depositions, issue subpoenas, and 4,927
compel the attendance of witnesses and production of books, 4,928
accounts, papers, records, documents, and testimony, except that 4,929
a subpoena for patient record information shall not be issued 4,930
without consultation with the attorney general's office and 4,931
approval of the secretary and supervising member of the board. 4,933
Before issuance of a subpoena for patient record information, the 4,934
secretary and supervising member shall determine whether there is 4,937
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that 4,938
the records sought are relevant to the alleged violation and 4,940
material to the investigation. The subpoena may apply only to 4,941
records that cover a reasonable period of time surrounding the 4,942
109
alleged violation. 4,943
On failure to comply with any subpoena issued by the board 4,946
and after reasonable notice to the person being subpoenaed, the 4,947
board may move for an order compelling the production of persons 4,948
or records pursuant to the Rules of Civil Procedure. 4,949
A subpoena issued by the board may be served by a sheriff, 4,951
the sheriff's deputy, or a board employee designated by the 4,952
board. Service of a subpoena issued by the board may be made by 4,954
delivering a copy of the subpoena to the person named therein, 4,955
reading it to the person, or leaving it at the person's usual 4,956
place of residence. When the person being served is a person 4,957
whose practice is authorized by this chapter, service of the 4,958
subpoena may be made by certified mail, restricted delivery, 4,959
return receipt requested, and the subpoena shall be deemed served 4,960
on the date delivery is made or the date the person refuses to 4,961
accept delivery.
A sheriff's deputy who serves a subpoena shall receive the 4,963
same fees as a sheriff. Each witness who appears before the 4,965
board in obedience to a subpoena shall receive the fees and 4,967
mileage provided for witnesses in civil cases in the courts of 4,968
common pleas.
(4) All hearings and investigations of the board shall be 4,970
considered civil actions for the purposes of section 2305.251 of 4,971
the Revised Code. 4,972
(5) Information received by the board pursuant to an 4,974
investigation is confidential and not subject to discovery in any 4,975
civil action. 4,976
The board shall conduct all investigations and proceedings 4,978
in a manner that protects the confidentiality of patients and 4,980
persons who file complaints with the board. The board shall not 4,982
make public the names or any other identifying information about 4,983
patients or complainants unless proper consent is given or, in 4,984
the case of a patient, a waiver of the patient privilege exists 4,985
under division (B) of section 2317.02 of the Revised Code, except 4,986
110
that consent or a waiver of that nature is not required if the 4,987
board possesses reliable and substantial evidence that no bona 4,989
fide physician-patient relationship exists. 4,990
The board may share any information it receives pursuant to 4,993
an investigation, including patient records and patient record 4,994
information, with other licensing boards and governmental 4,995
agencies that are investigating alleged professional misconduct 4,996
and with law enforcement agencies and other governmental agencies 4,998
that are investigating or prosecuting alleged criminal offenses.
A board or agency that receives the information shall comply with 4,999
the same requirements regarding confidentiality as those with 5,000
which the state medical board must comply, notwithstanding any 5,001
conflicting provision of the Revised Code or procedure of the 5,003
board or agency that applies when the board or agency is dealing
with other information in its possession. The information may be 5,005
admitted into evidence in a criminal trial in accordance with the 5,006
Rules of Evidence, but the court shall require that appropriate 5,007
measures are taken to ensure that confidentiality is maintained 5,008
with respect to any part of the information that contains names 5,009
or other identifying information about patients or complainants
whose confidentiality was protected by the state medical board 5,010
when the information was in the board's possession. Measures to 5,011
ensure confidentiality that may be taken by the court include 5,012
sealing its records or deleting specific information from its 5,014
records.
(6) On a quarterly basis, the board shall prepare a report 5,016
that documents the disposition of all cases during the preceding 5,017
three months. The report shall contain the following information 5,018
for each case with which the board has completed its activities: 5,019
(a) The case number assigned to the complaint or alleged 5,021
violation; 5,022
(b) The type of certificate to practice, if any, held by 5,025
the individual against whom the complaint is directed; 5,026
(c) A description of the allegations contained in the 5,028
111
complaint; 5,029
(d) The disposition of the case. 5,031
The report shall state how many cases are still pending and 5,034
shall be prepared in a manner that protects the identity of each 5,036
person involved in each case. The report shall be a public 5,037
record under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that 5,039
there is clear and convincing evidence that an individual has 5,041
violated division (B) of this section and that the individual's 5,042
continued practice presents a danger of immediate and serious 5,044
harm to the public, they may recommend that the board suspend the 5,045
individual's certificate to practice without a prior hearing. 5,047
Written allegations shall be prepared for consideration by the
board. 5,048
The board, upon review of those allegations and by an 5,050
affirmative vote of not fewer than six of its members, excluding 5,052
the secretary and supervising member, may suspend a certificate 5,053
without a prior hearing. A telephone conference call may be 5,054
utilized for reviewing the allegations and taking the vote on the 5,055
summary suspension. 5,056
The board shall issue a written order of suspension by 5,058
certified mail or in person in accordance with section 119.07 of 5,059
the Revised Code. The order shall not be subject to suspension 5,061
by the court during pendency of any appeal filed under section 5,062
119.12 of the Revised Code. If the individual subject to the 5,064
summary suspension requests an adjudicatory hearing by the board, 5,065
the date set for the hearing shall be within fifteen days, but 5,066
not earlier than seven days, after the individual requests the 5,068
hearing, unless otherwise agreed to by both the board and the 5,069
individual.
Any summary suspension imposed under this division shall 5,071
remain in effect, unless reversed on appeal, until a final 5,072
adjudicative order issued by the board pursuant to this section 5,073
and Chapter 119. of the Revised Code becomes effective. The 5,074
112
board shall issue its final adjudicative order within sixty days 5,075
after completion of its hearing. A failure to issue the order 5,076
within sixty days shall result in dissolution of the summary 5,077
suspension order but shall not invalidate any subsequent, final 5,078
adjudicative order. 5,079
(H) If the board takes action under division (B)(9), (11), 5,082
or (13) of this section and the judicial finding of guilt, guilty 5,083
plea, or judicial finding of eligibility for treatment in lieu of 5,084
conviction is overturned on appeal, upon exhaustion of the 5,086
criminal appeal, a petition for reconsideration of the order may 5,087
be filed with the board along with appropriate court documents. 5,088
Upon receipt of a petition of that nature and supporting court 5,089
documents, the board shall reinstate the individual's certificate 5,090
to practice. The board may then hold an adjudication under 5,091
Chapter 119. of the Revised Code to determine whether the 5,092
individual committed the act in question. Notice of an 5,094
opportunity for a hearing shall be given in accordance with 5,095
Chapter 119. of the Revised Code. If the board finds, pursuant 5,096
to an adjudication held under this division, that the individual 5,097
committed the act or if no hearing is requested, the board may 5,099
order any of the sanctions identified under division (B) of this 5,100
section.
(I) The certificate to practice issued to an individual 5,102
under this chapter and the individual's practice in this state 5,104
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 5,106
subject to a judicial finding of eligibility for treatment in 5,107
lieu of conviction for any of the following criminal offenses in 5,109
this state or a substantially equivalent criminal offense in 5,110
another jurisdiction: aggravated murder, murder, voluntary 5,111
manslaughter, felonious assault, kidnapping, rape, sexual 5,112
battery, gross sexual imposition, aggravated arson, aggravated 5,113
robbery, or aggravated burglary. Continued practice after 5,115
suspension shall be considered practicing without a certificate. 5,116
113
The board shall notify the individual subject to the 5,119
suspension by certified mail or in person in accordance with 5,120
section 119.07 of the Revised Code. If an individual whose 5,121
certificate is suspended under this division fails to make a 5,122
timely request for an adjudication under Chapter 119. of the 5,123
Revised Code, the board shall enter a final order permanently 5,124
revoking the individual's certificate to practice. 5,125
(J) If the board is required by Chapter 119. of the 5,128
Revised Code to give notice of an opportunity for a hearing and 5,129
if the individual subject to the notice does not timely request a 5,130
hearing in accordance with section 119.07 of the Revised Code, 5,132
the board is not required to hold a hearing, but may adopt, by an 5,133
affirmative vote of not fewer than six of its members, a final 5,135
order that contains the board's findings. In that final order, 5,136
the board may order any of the sanctions identified under 5,137
division (A) or (B) of this section. 5,138
(K) Any action taken by the board under division (B) of 5,140
this section resulting in a suspension from practice shall be 5,141
accompanied by a written statement of the conditions under which 5,142
the individual's certificate to practice may be reinstated. The 5,144
board shall adopt rules governing conditions to be imposed for 5,145
reinstatement. Reinstatement of a certificate suspended pursuant 5,146
to division (B) of this section requires an affirmative vote of 5,147
not fewer than six members of the board. 5,148
(L) When the board refuses to grant a certificate to an 5,151
applicant, revokes an individual's certificate to practice, 5,153
refuses to register an applicant, or refuses to reinstate an 5,154
individual's certificate to practice, the board may specify that 5,155
its action is permanent. An individual subject to a permanent 5,156
action taken by the board is forever thereafter ineligible to 5,157
hold a certificate to practice and the board shall not accept an 5,158
application for reinstatement of the certificate or for issuance 5,159
of a new certificate.
(M) Notwithstanding any other provision of the Revised 5,161
114
Code, all of the following apply: 5,162
(1) The surrender of a certificate issued under this 5,164
chapter shall not be effective unless or until accepted by the 5,166
board. Reinstatement of a certificate surrendered to the board 5,167
requires an affirmative vote of not fewer than six members of the 5,168
board.
(2) An application for a certificate made under the 5,171
provisions of this chapter may not be withdrawn without approval 5,173
of the board.
(3) Failure by an individual to renew a certificate of 5,176
registration in accordance with this chapter shall not remove or
limit the board's jurisdiction to take any disciplinary action 5,178
under this section against the individual. 5,179
(N) Sanctions shall not be imposed under division (B)(28) 5,182
of this section against any person who waives deductibles and 5,183
copayments as follows:
(1) In compliance with the health benefit plan that 5,185
expressly allows such a practice. Waiver of the deductibles or 5,186
copayments shall be made only with the full knowledge and consent 5,187
of the plan purchaser, payer, and third-party administrator. 5,188
Documentation of the consent shall be made available to the board 5,189
upon request.
(2) For professional services rendered to any other person 5,191
authorized to practice pursuant to this chapter, to the extent 5,193
allowed by this chapter and rules adopted by the board. 5,194
(O) Under the board's investigative duties described in 5,196
this section and subject to division (F) of this section, the 5,198
board shall develop and implement a quality intervention program 5,200
designed to improve through remedial education the clinical and 5,202
communication skills of individuals authorized under this chapter 5,203
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatry. In developing and implementing the 5,205
quality intervention program, the board may do all of the 5,206
following:
115
(1) Offer in appropriate cases as determined by the board 5,208
an educational and assessment program pursuant to an 5,209
investigation the board conducts under this section; 5,210
(2) Select providers of educational and assessment 5,212
services, including a quality intervention program panel of case 5,213
reviewers;
(3) Make referrals to educational and assessment service 5,216
providers and approve individual educational programs recommended 5,217
by those providers. The board shall monitor the progress of each 5,218
individual undertaking a recommended individual educational 5,219
program. 5,220
(4) Determine what constitutes successful completion of an 5,222
individual educational program and require further monitoring of 5,223
the individual who completed the program or other action that the 5,225
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the 5,227
Revised Code to further implement the quality intervention 5,229
program.
An individual who participates in an individual educational 5,232
program pursuant to this division shall pay the financial 5,233
obligations arising from that educational program. 5,234
Section 2. That existing sections 2925.02, 2925.03, 5,236
2925.11, 2925.12, 2925.14, 2925.23, 2925.36, 3719.81, 4723.02, 5,237
4723.06, 4723.07, 4723.08, 4723.151, 4723.28, 4723.42, 4723.43, 5,238
4723.431, 4723.44, 4723.47, 4723.52, 4723.56, 4723.561, 4723.57, 5,239
4723.58, 4723.59, 4729.01, 4729.51, and 4731.22 of the Revised 5,241
Code are hereby repealed.
Section 3. That Section 3 of Am. Sub. H.B. 478 of the 5,243
119th General Assembly, as most recently amended by Am. Sub. S.B. 5,244
154 of the 121st General Assembly, be amended to read as follows: 5,245
"Sec. 3. Sections 4723.51, 4723.52, 4723.53, 4723.54, 5,247
4723.55, 4723.56, 4723.57, 4723.58, 4723.59, and 4723.60 of the 5,248
Revised Code are hereby repealed, effective January 1, 2010." 5,249
Section 4. That existing Section 3 of Am. Sub. H.B. 478 of 5,251
116
the 119th General Assembly, as most recently amended by Am. Sub. 5,252
S.B. 154 of the 121st General Assembly, is hereby repealed. 5,253
Section 5. Sections 4723.56, 4723.561, 4723.57, and 5,255
4723.58 of the Revised Code are hereby repealed, effective two 5,256
years after the effective date of this act. 5,257
Section 6. Until two years after the effective date of 5,259
this act, the Board of Nursing shall issue a certificate under 5,260
section 4723.48 of the Revised Code to prescribe drugs and 5,261
therapeutic devices to a nurse who holds approval to prescribe 5,262
drugs and therapeutic devices granted under section 4723.56 of 5,263
the Revised Code and who meets all the requirements listed in 5,264
division (C) of section 4723.48 of the Revised Code, other than 5,265
the requirement that the nurse has successfully completed the
advanced pharmacology instruction required by division (A) of 5,266
that section.
Section 7. The amendment of section 4723.52 of the Revised 5,268
Code by this act shall take effect two years after the effective 5,269
date of this act.