As Reported by House Health, Retirement and Aging Committee 1
123rd General Assembly 4
Regular Session Sub. 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-VAN VYVEN-SCHURING-OLMAN-PADGETT-MAIER-DePIERO-BARNES 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, 3719.06, 15
3719.81, 4723.02, 4732.04, 4723.06, 4723.07,
4723.08, 4723.151, 4723.28, 4723.42, 4723.43, 17
4723.431, 4723.44, 4723.47, 4723.52, 4723.56,
4723.561, 4723.57, 4723.58, 4723.59, 4729.01, 19
4729.51, and 4731.22; to enact sections 4723.48
and 4723.49; and to repeal two years after the 20
effective date of this act sections 4723.56, 21
4723.561, 4723.57, and 4723.58 of the Revised 22
Code and to amend Section 3 of Am. Sub. H.B. 478
of the 119th General Assembly, as subsequently 23
amended, to permit clinical nurse specialists, 24
certified nurse-midwives, and certified nurse 25
practitioners to prescribe drugs and therapeutic 26
devices.
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, 3719.06, 3719.81, 4723.02, 31
4723.04, 4723.06, 4723.07, 4723.08, 4723.151, 4723.28, 4723.42, 33
4723.43, 4723.431, 4723.44, 4723.47, 4723.52, 4723.56, 4723.561, 34
4723.57, 4723.58, 4723.59, 4729.01, 4729.51, and 4731.22 be 35
amended and sections 4723.48 and 4723.49 of the Revised Code be 36
2
enacted to read as follows:
Sec. 2925.02. (A) No person shall knowingly do any of the 45
following: 46
(1) By force, threat, or deception, administer to another 48
or induce or cause another to use a controlled substance; 49
(2) By any means, administer or furnish to another or 51
induce or cause another to use a controlled substance with 52
purpose to cause serious physical harm to the other person, or 53
with purpose to cause the other person to become drug dependent; 54
(3) By any means, administer or furnish to another or 56
induce or cause another to use a controlled substance, and 57
thereby cause serious physical harm to the other person, or cause 58
the other person to become drug dependent; 59
(4) By any means, do any of the following: 61
(a) Furnish or administer a controlled substance to a 63
juvenile who is at least two years the offender's junior, when 65
the offender knows the age of the juvenile or is reckless in that 66
regard;
(b) Induce or cause a juvenile who is at least two years 68
the offender's junior to use a controlled substance, when the 70
offender knows the age of the juvenile or is reckless in that 71
regard;
(c) Induce or cause a juvenile who is at least two years 73
the offender's junior to commit a felony drug abuse offense, when 75
the offender knows the age of the juvenile or is reckless in that 76
regard; 77
(d) Use a juvenile, whether or not the offender knows the 79
age of the juvenile, to perform any surveillance activity that is 80
intended to prevent the detection of the offender or any other 81
person in the commission of a felony drug abuse offense or to 82
prevent the arrest of the offender or any other person for the 83
commission of a felony drug abuse offense. 84
(B) Division (A)(1), (3), or (4) of this section does not 86
apply to manufacturers, wholesalers, licensed health 87
3
professionals authorized to prescribe drugs, pharmacists, owners 89
of pharmacies, and other persons whose conduct is in accordance 90
with Chapters 3719., 4715., 4723., 4729., 4731., and 4741. of the 91
Revised Code or section 4723.56 of the Revised Code.
(C) Whoever violates this section is guilty of corrupting 93
another with drugs. The penalty for the offense shall be 94
determined as follows: 95
(1) Except as otherwise provided in this division, if the 97
drug involved is any compound, mixture, preparation, or substance 99
included in schedule I or II, with the exception of marihuana, 100
corrupting another with drugs is a felony of the second degree, 101
and, subject to division (E) of this section, the court shall 102
impose as a mandatory prison term one of the prison terms 104
prescribed for a felony of the second degree. If the drug
involved is any compound, mixture, preparation, or substance 105
included in schedule I or II, with the exception of marihuana, 106
and if the offense was committed in the vicinity of a school, 107
corrupting another with drugs is a felony of the first degree, 108
and, subject to division (E) of this section, the court shall 109
impose as a mandatory prison term one of the prison terms 110
prescribed for a felony of the first degree.
(2) Except as otherwise provided in this division, if the 112
drug involved is any compound, mixture, preparation, or substance 113
included in schedule III, IV, or V, corrupting another with drugs 114
is a felony of the second degree, and there is a presumption for 115
a prison term for the offense. If the drug involved is any 116
compound, mixture, preparation, or substance included in schedule 117
III, IV, or V and if the offense was committed in the vicinity of 118
a school, corrupting another with drugs is a felony of the second 119
degree, and the court shall impose as a mandatory prison term one 120
of the prison terms prescribed for a felony of the second degree. 121
(3) Except as otherwise provided in this division, if the 123
drug involved is marihuana, corrupting another with drugs is a 125
felony of the fourth degree, and division (C) of section 2929.13 126
4
of the Revised Code applies in determining whether to impose a 127
prison term on the offender. If the drug involved is marihuana 128
and if the offense was committed in the vicinity of a school, 129
corrupting another with drugs is a felony of the third degree, 130
and division (C) of section 2929.13 of the Revised Code applies 131
in determining whether to impose a prison term on the offender. 132
(D) In addition to any prison term authorized or required 134
by division (C) or (E) of this section and sections 2929.13 and 135
2929.14 of the Revised Code and in addition to any other sanction 136
imposed for the offense under this section or sections 2929.11 to 137
2929.18 of the Revised Code, the court that sentences an offender 139
who is convicted of or pleads guilty to a violation of division 140
(A) of this section or the clerk of that court shall do all of 141
the following that are applicable regarding the offender:
(1)(a) If the violation is a felony of the first, second, 144
or third degree, the court shall impose upon the offender the
mandatory fine specified for the offense under division (B)(1) of 145
section 2929.18 of the Revised Code unless, as specified in that 146
division, the court determines that the offender is indigent. 147
(b) Notwithstanding any contrary provision of section 149
3719.21 of the Revised Code, any mandatory fine imposed pursuant 151
to division (D)(1)(a) of this section and any fine imposed for a 152
violation of this section pursuant to division (A) of section 153
2929.18 of the Revised Code shall be paid by the clerk of the 154
court in accordance with and subject to the requirements of, and 155
shall be used as specified in, division (F) of section 2925.03 of 156
the Revised Code.
(c) If a person is charged with any violation of this 158
section that is a felony of the first, second, or third degree, 160
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 161
this section as if it were a fine imposed for a violation of this 163
section.
(2) The court either shall revoke or, if it does not 166
5
revoke, shall suspend for not less than six months or more than 167
five years, the driver's or commercial driver's license or permit 168
of any person who is convicted of or pleads guilty to a violation 169
of this section that is a felony of the first degree and shall 170
suspend for not less than six months nor more than five years the 171
driver's or commercial driver's license or permit of any person 172
who is convicted of or pleads guilty to any other violation of 173
this section. If an offender's driver's or commercial driver's 174
license or permit is revoked pursuant to this division, the 175
offender, at any time after the expiration of two years from the 176
day on which the offender's sentence was imposed or from the day 177
on which the offender finally was released from a prison term 178
under the sentence, whichever is later, may file a motion with 179
the sentencing court requesting termination of the revocation. 180
Upon the filing of the motion and the court's finding of good 182
cause for the termination, the court may terminate the 183
revocation.
(3) If the offender is a professionally licensed person or 185
a person who has been admitted to the bar by order of the supreme 186
court in compliance with its prescribed and published rules, in 187
addition to any other sanction imposed for a violation of this 188
section, the court forthwith shall comply with section 2925.38 of 189
the Revised Code. 190
(E) Notwithstanding the prison term otherwise authorized 192
or required for the offense under division (C) of this section 193
and sections 2929.13 and 2929.14 of the Revised Code, if the 194
violation of division (A) of this section involves the sale, 196
offer to sell, or possession of a schedule I or II controlled 198
substance, with the exception of marihuana, and if the offender, 200
as a result of the violation, is a major drug offender, the 202
court, in lieu of the prison term that otherwise is authorized or 203
required, shall impose upon the offender the mandatory prison 204
term specified in division (D)(3)(a) of section 2929.14 of the 205
Revised Code and may impose an additional prison term under 206
6
division (D)(3)(b) of that section. 207
Sec. 2925.03. (A) No person shall knowingly sell or offer 216
to sell a controlled substance. 217
(B) This section does not apply to any of the following: 219
(1) Manufacturers, licensed health professionals 221
authorized to prescribe drugs, pharmacists, owners of pharmacies, 223
and other persons whose conduct is in accordance with Chapters 224
3719., 4715., 4723., 4729., 4731., and 4741. or section 4723.56 225
of the Revised Code;
(2) If the offense involves an anabolic steroid, any 227
person who is conducting or participating in a research project 228
involving the use of an anabolic steroid if the project has been 229
approved by the United States food and drug administration; 230
(3) Any person who sells, offers for sale, prescribes, 232
dispenses, or administers for livestock or other nonhuman species 233
an anabolic steroid that is expressly intended for administration 234
through implants to livestock or other nonhuman species and 235
approved for that purpose under the "Federal Food, Drug, and 236
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 237
and is sold, offered for sale, prescribed, dispensed, or 238
administered for that purpose in accordance with that act. 239
(C) Whoever violates division (A) of this section is 241
guilty of one of the following: 242
(1) If the drug involved in the violation is any compound, 245
mixture, preparation, or substance included in schedule I or 246
schedule II, with the exception of marihuana, cocaine, L.S.D., 247
heroin, and hashish, whoever violates division (A) of this 249
section is guilty of aggravated trafficking in drugs. The 250
penalty for the offense shall be determined as follows: 251
(a) Except as otherwise provided in division (C)(1)(b), 254
(c), (d), (e), or (f) of this section, aggravated trafficking in 255
drugs is a felony of the fourth degree, and division (C) of 257
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 259
7
(b) Except as otherwise provided in division (C)(1)(c), 262
(d), (e), or (f) of this section, if the offense was committed in 263
the vicinity of a school or in the vicinity of a juvenile, 264
aggravated trafficking in drugs is a felony of the third degree, 265
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 266
(c) Except as otherwise provided in this division, if the 268
amount of the drug involved exceeds the bulk amount but does not 270
exceed five times the bulk amount, aggravated trafficking in 271
drugs is a felony of the third degree, and the court shall impose 272
as a mandatory prison term one of the prison terms prescribed for 273
a felony of the third degree. If the amount of the drug involved 274
is within that range and if the offense was committed in the 275
vicinity of a school or in the vicinity of a juvenile, aggravated 276
trafficking in drugs is a felony of the second degree, and the 277
court shall impose as a mandatory prison term one of the prison 278
terms prescribed for a felony of the second degree. 279
(d) Except as otherwise provided in this division, if the 281
amount of the drug involved exceeds five times the bulk amount 283
but does not exceed fifty times the bulk amount, aggravated 284
trafficking in drugs is a felony of the second degree, and the
court shall impose as a mandatory prison term one of the prison 285
terms prescribed for a felony of the second degree. If the 286
amount of the drug involved is within that range and if the 287
offense was committed in the vicinity of a school or in the 288
vicinity of a juvenile, aggravated trafficking in drugs is a 289
felony of the first degree, and the court shall impose as a 290
mandatory prison term one of the prison terms prescribed for a 291
felony of the first degree. 292
(e) If the amount of the drug involved exceeds fifty times 295
the bulk amount but does not exceed one hundred times the bulk 296
amount and regardless of whether the offense was committed in the 297
vicinity of a school or in the vicinity of a juvenile, aggravated 298
trafficking in drugs is a felony of the first degree, and the 299
8
court shall impose as a mandatory prison term one of the prison 300
terms prescribed for a felony of the first degree. 301
(f) If the amount of the drug involved exceeds one hundred 304
times the bulk amount and regardless of whether the offense was 305
committed in the vicinity of a school or in the vicinity of a 306
juvenile, aggravated trafficking in drugs is a felony of the 307
first degree, and the court shall impose as a mandatory prison 308
term the maximum prison term prescribed for a felony of the first 309
degree and may impose an additional prison term prescribed for a 310
major drug offender under division (D)(3)(b) of section 2929.14 311
of the Revised Code. 312
(2) If the drug involved in the violation is any compound, 315
mixture, preparation, or substance included in schedule III, IV, 316
or V, whoever violates division (A) of this section is guilty of 317
trafficking in drugs. The penalty for the offense shall be 318
determined as follows: 319
(a) Except as otherwise provided in division (C)(2)(b), 322
(c), (d), or (e) of this section, trafficking in drugs is a 324
felony of the fifth degree, and division (C) of section 2929.13 325
of the Revised Code applies in determining whether to impose a 326
prison term on the offender.
(b) Except as otherwise provided in division (C)(2)(c), 329
(d), or (e) of this section, if the offense was committed in the 330
vicinity of a school or in the vicinity of a juvenile, 331
trafficking in drugs is a felony of the fourth degree, and 332
division (C) of section 2929.13 of the Revised Code applies in 333
determining whether to impose a prison term on the offender. 335
(c) Except as otherwise provided in this division, if the 337
amount of the drug involved exceeds the bulk amount but does not 339
exceed five times the bulk amount, trafficking in drugs is a 340
felony of the fourth degree, and there is a presumption for a 341
prison term for the offense. If the amount of the drug involved 342
is within that range and if the offense was committed in the 343
vicinity of a school or in the vicinity of a juvenile, 344
9
trafficking in drugs is a felony of the third degree, and there 345
is a presumption for a prison term for the offense. 346
(d) Except as otherwise provided in this division, if the 348
amount of the drug involved exceeds five times the bulk amount 350
but does not exceed fifty times the bulk amount, trafficking in 351
drugs is a felony of the third degree, and there is a presumption 352
for a prison term for the offense. If the amount of the drug 353
involved is within that range and if the offense was committed in 354
the vicinity of a school or in the vicinity of a juvenile, 355
trafficking in drugs is a felony of the second degree, and there 356
is a presumption for a prison term for the offense. 357
(e) Except as otherwise provided in this division, if the 359
amount of the drug involved exceeds fifty times the bulk amount, 361
trafficking in drugs is a felony of the second degree, and the 362
court shall impose as a mandatory prison term one of the prison 363
terms prescribed for a felony of the second degree. If the 364
amount of the drug involved exceeds fifty times the bulk amount 365
and if the offense was committed in the vicinity of a school or 366
in the vicinity of a juvenile, trafficking in drugs is a felony 367
of the first degree, and the court shall impose as a mandatory 368
prison term one of the prison terms prescribed for a felony of 369
the first degree. 370
(3) If the drug involved in the violation is marihuana or 372
a compound, mixture, preparation, or substance containing 373
marihuana other than hashish, whoever violates division (A) of 375
this section is guilty of trafficking in marihuana. The penalty 376
for the offense shall be determined as follows: 377
(a) Except as otherwise provided in division (C)(3)(b), 380
(c), (d), (e), (f), or (g) of this section, trafficking in 381
marihuana is a felony of the fifth degree, and division (C) of 384
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 385
(b) Except as otherwise provided in division (C)(3)(c), 388
(d), (e), (f), or (g) of this section, if the offense was 390
10
committed in the vicinity of a school or in the vicinity of a 391
juvenile, trafficking in marihuana is a felony of the fourth 392
degree, and division (C) of section 2929.13 of the Revised Code 393
applies in determining whether to impose a prison term on the 394
offender.
(c) Except as otherwise provided in this division, if the 396
amount of the drug involved exceeds two hundred grams but does 398
not exceed one thousand grams, trafficking in marihuana is a 399
felony of the fourth degree, and division (C) of section 2929.13 400
of the Revised Code applies in determining whether to impose a 402
prison term on the offender. If the amount of the drug involved 403
is within that range and if the offense was committed in the 404
vicinity of a school or in the vicinity of a juvenile,
trafficking in marihuana is a felony of the third degree, and 405
division (C) of section 2929.13 of the Revised Code applies in 406
determining whether to impose a prison term on the offender. 408
(d) Except as otherwise provided in this division, if the 410
amount of the drug involved exceeds one thousand grams but does 412
not exceed five thousand grams, trafficking in marihuana is a 413
felony of the third degree, and division (C) of section 2929.13 414
of the Revised Code applies in determining whether to impose a 416
prison term on the offender. If the amount of the drug involved 417
is within that range and if the offense was committed in the 418
vicinity of a school or in the vicinity of a juvenile, 419
trafficking in marihuana is a felony of the second degree, and 420
there is a presumption that a prison term shall be imposed for 421
the offense.
(e) Except as otherwise provided in this division, if the 423
amount of the drug involved exceeds five thousand grams but does 425
not exceed twenty thousand grams, trafficking in marihuana is a 426
felony of the third degree, and there is a presumption that a 427
prison term shall be imposed for the offense. If the amount of 428
the drug involved is within that range and if the offense was 429
committed in the vicinity of a school or in the vicinity of a 430
11
juvenile, trafficking in marihuana is a felony of the second 431
degree, and there is a presumption that a prison term shall be 432
imposed for the offense. 433
(f) Except as otherwise provided in this division, if the 435
amount of the drug involved exceeds twenty thousand grams, 437
trafficking in marihuana is a felony of the second degree, and 438
the court shall impose as a mandatory prison term the maximum 439
prison term prescribed for a felony of the second degree. If the 440
amount of the drug involved exceeds twenty thousand grams and if 441
the offense was committed in the vicinity of a school or in the 442
vicinity of a juvenile, trafficking in marihuana is a felony of 443
the first degree, and the court shall impose as a mandatory 444
prison term the maximum prison term prescribed for a felony of 445
the first degree. 446
(g) Except as otherwise provided in this division, if the 449
offense involves a gift of twenty grams or less of marihuana, 450
trafficking in marihuana is a minor misdemeanor upon a first 451
offense and a misdemeanor of the third degree upon a subsequent 452
offense. If the offense involves a gift of twenty grams or less 453
of marihuana and if the offense was committed in the vicinity of 454
a school or in the vicinity of a juvenile, trafficking in 455
marihuana is a misdemeanor of the third degree.
(4) If the drug involved in the violation is cocaine or a 457
compound, mixture, preparation, or substance containing cocaine, 458
whoever violates division (A) of this section is guilty of 460
trafficking in cocaine. The penalty for the offense shall be
determined as follows: 461
(a) Except as otherwise provided in division (C)(4)(b), 464
(c), (d), (e), (f), or (g) of this section, trafficking in 465
cocaine is a felony of the fifth degree, and division (C) of 467
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 469
(b) Except as otherwise provided in division (C)(4)(c), 472
(d), (e), (f), or (g) of this section, if the offense was 473
12
committed in the vicinity of a school or in the vicinity of a 475
juvenile, trafficking in cocaine is a felony of the fourth 476
degree, and division (C) of section 2929.13 of the Revised Code 477
applies in determining whether to impose a prison term on the 479
offender.
(c) Except as otherwise provided in this division, if the 481
amount of the drug involved exceeds five grams but does not 482
exceed ten grams of cocaine that is not crack cocaine or exceeds 484
one gram but does not exceed five grams of crack cocaine, 486
trafficking in cocaine is a felony of the fourth degree, and 487
there is a presumption for a prison term for the offense. If the 488
amount of the drug involved is within one of those ranges and if 489
the offense was committed in the vicinity of a school or in the 490
vicinity of a juvenile, trafficking in cocaine is a felony of the 491
third degree, and there is a presumption for a prison term for 492
the offense.
(d) Except as otherwise provided in this division, if the 494
amount of the drug involved exceeds ten grams but does not exceed 495
one hundred grams of cocaine that is not crack cocaine or exceeds 497
five grams but does not exceed ten grams of crack cocaine, 498
trafficking in cocaine is a felony of the third degree, and the 499
court shall impose as a mandatory prison term one of the prison 500
terms prescribed for a felony of the third degree. If the amount 501
of the drug involved is within one of those ranges and if the 502
offense was committed in the vicinity of a school or in the 504
vicinity of a juvenile, trafficking in cocaine is a felony of the 507
second degree, and the court shall impose as a mandatory prison 508
term one of the prison terms prescribed for a felony of the 509
second degree.
(e) Except as otherwise provided in this division, if the 511
amount of the drug involved exceeds one hundred grams but does 512
not exceed five hundred grams of cocaine that is not crack 513
cocaine or exceeds ten grams but does not exceed twenty-five 515
grams of crack cocaine, trafficking in cocaine is a felony of the 517
13
second degree, and the court shall impose as a mandatory prison 518
term one of the prison terms prescribed for a felony of the 519
second degree. If the amount of the drug involved is within one 520
of those ranges and if the offense was committed in the vicinity 521
of a school or in the vicinity of a juvenile, trafficking in 523
cocaine is a felony of the first degree, and the court shall 525
impose as a mandatory prison term one of the prison terms 526
prescribed for a felony of the first degree. 527
(f) If the amount of the drug involved exceeds five 530
hundred grams but does not exceed one thousand grams of cocaine 531
that is not crack cocaine or exceeds twenty-five grams but does 532
not exceed one hundred grams of crack cocaine and regardless of 533
whether the offense was committed in the vicinity of a school or 534
in the vicinity of a juvenile, trafficking in cocaine is a felony 537
of the first degree, and the court shall impose as a mandatory 538
prison term one of the prison terms prescribed for a felony of 539
the first degree.
(g) If the amount of the drug involved exceeds one 542
thousand grams of cocaine that is not crack cocaine or exceeds 543
one hundred grams of crack cocaine and regardless of whether the 545
offense was committed in the vicinity of a school or in the 546
vicinity of a juvenile, trafficking in cocaine is a felony of the 547
first degree, and the court shall impose as a mandatory prison 548
term the maximum prison term prescribed for a felony of the first 549
degree and may impose an additional mandatory prison term 550
prescribed for a major drug offender under division (D)(3)(b) of 552
section 2929.14 of the Revised Code.
(5) If the drug involved in the violation is L.S.D. or a 555
compound, mixture, preparation, or substance containing L.S.D., 556
whoever violates division (A) of this section is guilty of 557
trafficking in L.S.D. The penalty for the offense shall be 559
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 562
(c), (d), (e), (f), or (g) of this section, trafficking in L.S.D. 564
14
is a felony of the fifth degree, and division (C) of section 565
2929.13 of the Revised Code applies in determining whether to 567
impose a prison term on the offender.
(b) Except as otherwise provided in division (C)(5)(c), 570
(d), (e), (f), or (g) of this section, if the offense was 571
committed in the vicinity of a school or in the vicinity of a 572
juvenile, trafficking in L.S.D. is a felony of the fourth degree, 574
and division (C) of section 2929.13 of the Revised Code applies
in determining whether to impose a prison term on the offender. 575
(c) Except as otherwise provided in this division, if the 577
amount of the drug involved exceeds ten unit doses but does not 579
exceed fifty unit doses of L.S.D. in a solid form or exceeds one 580
gram but does not exceed five grams of L.S.D. in a liquid 582
concentrate, liquid extract, or liquid distillate form, 584
trafficking in L.S.D. is a felony of the fourth degree, and there 587
is a presumption for a prison term for the offense. If the 588
amount of the drug involved is within that range and if the
offense was committed in the vicinity of a school or in the 589
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 591
third degree, and there is a presumption for a prison term for 592
the offense.
(d) Except as otherwise provided in this division, if the 594
amount of the drug involved exceeds fifty unit doses but does not 596
exceed two hundred fifty unit doses of L.S.D. in a solid form or 597
exceeds five grams but does not exceed twenty-five grams of 599
L.S.D. in a liquid concentrate, liquid extract, or liquid 601
distillate form, trafficking in L.S.D. is a felony of the third 604
degree, and the court shall impose as a mandatory prison term one 605
of the prison terms prescribed for a felony of the third degree. 606
If the amount of the drug involved is within that range and if 607
the offense was committed in the vicinity of a school or in the 608
vicinity of a juvenile, trafficking in L.S.D. is a felony of the 610
second degree, and the court shall impose as a mandatory prison 611
term one of the prison terms prescribed for a felony of the 612
15
second degree.
(e) Except as otherwise provided in this division, if the 614
amount of the drug involved exceeds two hundred fifty unit doses 616
but does not exceed one thousand unit doses of L.S.D. in a solid 618
form or exceeds twenty-five grams but does not exceed one hundred 620
grams of L.S.D. in a liquid concentrate, liquid extract, or 622
liquid distillate form, trafficking in L.S.D. is a felony of the 624
second degree, and the court shall impose as a mandatory prison 625
term one of the prison terms prescribed for a felony of the 626
second degree. If the amount of the drug involved is within that 627
range and if the offense was committed in the vicinity of a 628
school or in the vicinity of a juvenile, trafficking in L.S.D. is 630
a felony of the first degree, and the court shall impose as a 631
mandatory prison term one of the prison terms prescribed for a 632
felony of the first degree.
(f) If the amount of the drug involved exceeds one 635
thousand unit doses but does not exceed five thousand unit doses 636
of L.S.D. in a solid form or exceeds one hundred grams but does 639
not exceed five hundred grams of L.S.D. in a liquid concentrate, 641
liquid extract, or liquid distillate form and regardless of 642
whether the offense was committed in the vicinity of a school or 643
in the vicinity of a juvenile, trafficking in L.S.D. is a felony 644
of the first degree, and the court shall impose as a mandatory 645
prison term one of the prison terms prescribed for a felony of 646
the first degree. 647
(g) If the amount of the drug involved exceeds five 650
thousand unit doses of L.S.D. in a solid form or exceeds five 651
hundred grams of L.S.D. in a liquid concentrate, liquid extract, 653
or liquid distillate form and regardless of whether the offense 656
was committed in the vicinity of a school or in the vicinity of a 657
juvenile, trafficking in L.S.D. is a felony of the first degree, 660
and the court shall impose as a mandatory prison term the maximum 661
prison term prescribed for a felony of the first degree and may 662
impose an additional mandatory prison term prescribed for a major 663
16
drug offender under division (D)(3)(b) of section 2929.14 of the 665
Revised Code.
(6) If the drug involved in the violation is heroin or a 667
compound, mixture, preparation, or substance containing heroin, 668
whoever violates division (A) of this section is guilty of 670
trafficking in heroin. The penalty for the offense shall be
determined as follows: 671
(a) Except as otherwise provided in division (C)(6)(b), 674
(c), (d), (e), (f), or (g) of this section, trafficking in heroin 676
is a felony of the fifth degree, and division (C) of section 677
2929.13 of the Revised Code applies in determining whether to
impose a prison term on the offender. 679
(b) Except as otherwise provided in division (C)(6)(c), 682
(d), (e), (f), or (g) of this section, if the offense was 683
committed in the vicinity of a school or in the vicinity of a 686
juvenile, trafficking in heroin is a felony of the fourth degree, 687
and division (C) of section 2929.13 of the Revised Code applies 689
in determining whether to impose a prison term on the offender.
(c) Except as otherwise provided in this division, if the 691
amount of the drug involved exceeds one gram but does not exceed 693
five grams, trafficking in heroin is a felony of the fourth 694
degree, and there is a presumption for a prison term for the 695
offense. If the amount of the drug involved is within that range 696
and if the offense was committed in the vicinity of a school or 697
in the vicinity of a juvenile, trafficking in heroin is a felony 698
of the third degree, and there is a presumption for a prison term 699
for the offense. 700
(d) Except as otherwise provided in this division, if the 702
amount of the drug involved exceeds five grams but does not 704
exceed ten grams, trafficking in heroin is a felony of the third 705
degree, and there is a presumption for a prison term for the 706
offense. If the amount of the drug involved is within that range 707
and if the offense was committed in the vicinity of a school or 708
in the vicinity of a juvenile, trafficking in heroin is a felony 709
17
of the second degree, and there is a presumption for a prison 710
term for the offense. 711
(e) Except as otherwise provided in this division, if the 713
amount of the drug involved exceeds ten grams but does not exceed 715
fifty grams, trafficking in heroin is a felony of the second 716
degree, and the court shall impose as a mandatory prison term one 717
of the prison terms prescribed for a felony of the second degree. 718
If the amount of the drug involved is within that range and if 719
the offense was committed in the vicinity of a school or in the 720
vicinity of a juvenile, trafficking in heroin is a felony of the 721
first degree, and the court shall impose as a mandatory prison 722
term one of the prison terms prescribed for a felony of the first 723
degree. 724
(f) If the amount of the drug involved exceeds fifty grams 727
but does not exceed two hundred fifty grams and regardless of
whether the offense was committed in the vicinity of a school or 728
in the vicinity of a juvenile, trafficking in heroin is a felony 730
of the first degree, and the court shall impose as a mandatory 731
prison term one of the prison terms prescribed for a felony of 732
the first degree.
(g) If the amount of the drug involved exceeds two hundred 735
fifty grams and regardless of whether the offense was committed
in the vicinity of a school or in the vicinity of a juvenile, 736
trafficking in heroin is a felony of the first degree, and the 739
court shall impose as a mandatory prison term the maximum prison 740
term prescribed for a felony of the first degree and may impose 741
an additional mandatory prison term prescribed for a major drug 742
offender under division (D)(3)(b) of section 2929.14 of the 743
Revised Code. 744
(7) If the drug involved in the violation is hashish or a 746
compound, mixture, preparation, or substance containing hashish, 747
whoever violates division (A) of this section is guilty of 749
trafficking in hashish. The penalty for the offense shall be
determined as follows: 750
18
(a) Except as otherwise provided in division (C)(7)(b), 753
(c), (d), (e), or (f) of this section, trafficking in hashish is 755
a felony of the fifth degree, and division (C) of section 2929.13 756
of the Revised Code applies in determining whether to impose a 758
prison term on the offender.
(b) Except as otherwise provided in division (C)(7)(c), 761
(d), (e), or (f) of this section, if the offense was committed in 762
the vicinity of a school or in the vicinity of a juvenile, 764
trafficking in hashish is a felony of the fourth degree, and 765
division (C) of section 2929.13 of the Revised Code applies in 766
determining whether to impose a prison term on the offender. 767
(c) Except as otherwise provided in this division, if the 769
amount of the drug involved exceeds ten grams but does not exceed 770
fifty grams of hashish in a solid form or exceeds two grams but 771
does not exceed ten grams of hashish in a liquid concentrate, 772
liquid extract, or liquid distillate form, trafficking in hashish 773
is a felony of the fourth degree, and division (C) of section 774
2929.13 of the Revised Code applies in determining whether to 775
impose a prison term on the offender. If the amount of the drug 776
involved is within that range and if the offense was committed in 777
the vicinity of a school or in the vicinity of a juvenile, 778
trafficking in hashish is a felony of the third degree, and 779
division (C) of section 2929.13 of the Revised Code applies in 780
determining whether to impose a prison term on the offender.
(d) Except as otherwise provided in this division, if the 782
amount of the drug involved exceeds fifty grams but does not 783
exceed two hundred fifty grams of hashish in a solid form or 784
exceeds ten grams but does not exceed fifty grams of hashish in a 785
liquid concentrate, liquid extract, or liquid distillate form, 786
trafficking in hashish is a felony of the third degree, and 788
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. If 789
the amount of the drug involved is within that range and if the 791
offense was committed in the vicinity of a school or in the 792
19
vicinity of a juvenile, trafficking in hashish is a felony of the 793
second degree, and there is a presumption that a prison term 794
shall be imposed for the offense.
(e) Except as otherwise provided in this division, if the 796
amount of the drug involved exceeds two hundred fifty grams but 797
does not exceed one thousand grams of hashish in a solid form or 798
exceeds fifty grams but does not exceed two hundred grams of 799
hashish in a liquid concentrate, liquid extract, or liquid 801
distillate form, trafficking in hashish is a felony of the third 802
degree, and there is a presumption that a prison term shall be
imposed for the offense. If the amount of the drug involved is 803
within that range and if the offense was committed in the 804
vicinity of a school or in the vicinity of a juvenile, 805
trafficking in hashish is a felony of the second degree, and 806
there is a presumption that a prison term shall be imposed for 807
the offense.
(f) Except as otherwise provided in this division, if the 809
amount of the drug involved exceeds one thousand grams of hashish 811
in a solid form or exceeds two hundred grams of hashish in a 812
liquid concentrate, liquid extract, or liquid distillate form,
trafficking in hashish is a felony of the second degree, and the 814
court shall impose as a mandatory prison term the maximum prison 815
term prescribed for a felony of the second degree. If the amount 816
of the drug involved exceeds one thousand grams of hashish in a 818
solid form or exceeds two hundred grams of hashish in a liquid 819
concentrate, liquid extract, or liquid distillate form and if the 820
offense was committed in the vicinity of a school or in the
vicinity of a juvenile, trafficking in hashish is a felony of the 822
first degree, and the court shall impose as a mandatory prison 823
term the maximum prison term prescribed for a felony of the first 824
degree.
(D) In addition to any prison term authorized or required 827
by division (C) of this section and sections 2929.13 and 2929.14 828
of the Revised Code, and in addition to any other sanction 829
20
imposed for the offense under this section or sections 2929.11 to 830
2929.18 of the Revised Code, the court that sentences an offender 831
who is convicted of or pleads guilty to a violation of division 832
(A) of this section shall do all of the following that are 834
applicable regarding the offender:
(1) If the violation of division (A) of this section is a 837
felony of the first, second, or third degree, the court shall 838
impose upon the offender the mandatory fine specified for the 839
offense under division (B)(1) of section 2929.18 of the Revised 840
Code unless, as specified in that division, the court determines 841
that the offender is indigent. Except as otherwise provided in 842
division (H)(1) of this section, a mandatory fine or any other 843
fine imposed for a violation of this section is subject to 844
division (F) of this section. If a person is charged with a 845
violation of this section that is a felony of the first, second, 846
or third degree, posts bail, and forfeits the bail, the clerk of 847
the court shall pay the forfeited bail pursuant to divisions 849
(D)(1) and (F) of this section, as if the forfeited bail was a 850
fine imposed for a violation of this section. If any amount of 851
the forfeited bail remains after that payment and if a fine is 852
imposed under division (H)(1) of this section, the clerk of the 853
court shall pay the remaining amount of the forfeited bail 854
pursuant to divisions (H)(2) and (3) of this section, as if that 855
remaining amount was a fine imposed under division (H)(1) of this
section. 856
(2) The court shall revoke or suspend the driver's or 858
commercial driver's license or permit of the offender in 859
accordance with division (G) of this section. 860
(3) If the offender is a professionally licensed person or 863
a person who has been admitted to the bar by order of the supreme 864
court in compliance with its prescribed and published rules, the 865
court forthwith shall comply with section 2925.38 of the Revised 866
Code.
(E) When a person is charged with the sale of or offer to 869
21
sell a bulk amount or a multiple of a bulk amount of a controlled 870
substance, the jury, or the court trying the accused, shall 872
determine the amount of the controlled substance involved at the 873
time of the offense and, if a guilty verdict is returned, shall 874
return the findings as part of the verdict. In any such case, it 875
is unnecessary to find and return the exact amount of the 876
controlled substance involved, and it is sufficient if the
finding and return is to the effect that the amount of the 877
controlled substance involved is the requisite amount, or that 879
the amount of the controlled substance involved is less than the 880
requisite amount. 881
(F)(1) Notwithstanding any contrary provision of section 883
3719.21 of the Revised Code and except as provided in division 884
(H) of this section, the clerk of the court shall pay any 885
mandatory fine imposed pursuant to division (D)(1) of this 886
section and any fine other than a mandatory fine that is imposed 887
for a violation of this section pursuant to division (A) or 888
(B)(5) of section 2929.18 of the Revised Code to the county, 890
township, municipal corporation, park district, as created 891
pursuant to section 511.18 or 1545.04 of the Revised Code, or 892
state law enforcement agencies in this state that primarily were 893
responsible for or involved in making the arrest of, and in 894
prosecuting, the offender. However, the clerk shall not pay a 895
mandatory fine so imposed to a law enforcement agency unless the 896
agency has adopted a written internal control policy under 897
division (F)(2) of this section that addresses the use of the 899
fine moneys that it receives. Each agency shall use the 901
mandatory fines so paid to subsidize the agency's law enforcement
efforts that pertain to drug offenses, in accordance with the 903
written internal control policy adopted by the recipient agency 904
under division (F)(2) of this section. 905
(2)(a) Prior to receiving any fine moneys under division 907
(F)(1) of this section or division (B)(5) of section 2925.42 of 908
the Revised Code, a law enforcement agency shall adopt a written 909
22
internal control policy that addresses the agency's use and 910
disposition of all fine moneys so received and that provides for 911
the keeping of detailed financial records of the receipts of 912
those fine moneys, the general types of expenditures made out of 913
those fine moneys, and the specific amount of each general type 914
of expenditure. The policy shall not provide for or permit the 915
identification of any specific expenditure that is made in an 916
ongoing investigation. All financial records of the receipts of 917
those fine moneys, the general types of expenditures made out of 918
those fine moneys, and the specific amount of each general type 919
of expenditure by an agency are public records open for 920
inspection under section 149.43 of the Revised Code. 921
Additionally, a written internal control policy adopted under 922
this division is such a public record, and the agency that 923
adopted it shall comply with it. 924
(b) Each law enforcement agency that receives in any 926
calendar year any fine moneys under division (F)(1) of this 927
section or division (B)(5) of section 2925.42 of the Revised Code 928
shall prepare a report covering the calendar year that cumulates 929
all of the information contained in all of the public financial 930
records kept by the agency pursuant to division (F)(2)(a) of this 931
section for that calendar year, and shall send a copy of the 932
cumulative report, no later than the first day of March in the 933
calendar year following the calendar year covered by the report, 934
to the attorney general. Each report received by the attorney 935
general is a public record open for inspection under section 936
149.43 of the Revised Code. Not later than the fifteenth day of 938
April in the calendar year in which the reports are received, the 939
attorney general shall send to the president of the senate and 941
the speaker of the house of representatives a written 942
notification that does all of the following:
(i) Indicates that the attorney general has received from 944
law enforcement agencies reports of the type described in this 945
division that cover the previous calendar year and indicates that 948
23
the reports were received under this division; 949
(ii) Indicates that the reports are open for inspection 952
under section 149.43 of the Revised Code; 953
(iii) Indicates that the attorney general will provide a 956
copy of any or all of the reports to the president of the senate 957
or the speaker of the house of representatives upon request. 958
(3) As used in division (F) of this section: 961
(a) "Law enforcement agencies" includes, but is not 963
limited to, the state board of pharmacy and the office of a 964
prosecutor. 965
(b) "Prosecutor" has the same meaning as in section 967
2935.01 of the Revised Code. 968
(G) When required under division (D)(2) of this section, 972
the court either shall revoke or, if it does not revoke, shall 973
suspend for not less than six months or more than five years, the 974
driver's or commercial driver's license or permit of any person 976
who is convicted of or pleads guilty to a violation of this 978
section that is a felony of the first degree and shall suspend 979
for not less than six months or more than five years the driver's 981
or commercial driver's license or permit of any person who is 983
convicted of or pleads guilty to any other violation of this 984
section. If an offender's driver's or commercial driver's 985
license or permit is revoked pursuant to this division, the 987
offender, at any time after the expiration of two years from the 988
day on which the offender's sentence was imposed or from the day 989
on which the offender finally was released from a prison term 992
under the sentence, whichever is later, may file a motion with 993
the sentencing court requesting termination of the revocation; 994
upon the filing of such a motion and the court's finding of good 995
cause for the termination, the court may terminate the 996
revocation.
(H)(1) In addition to any prison term authorized or 999
required by division (C) of this section and sections 2929.13 and 1,000
2929.14 of the Revised Code, in addition to any other penalty or 1,002
24
sanction imposed for the offense under this section or sections 1,003
2929.11 to 2929.181 of the Revised Code, and in addition to the 1,004
forfeiture of property in connection with the offense as 1,005
prescribed in sections 2925.42 to 2925.45 of the Revised Code, 1,007
the court that sentences an offender who is convicted of or 1,008
pleads guilty to a violation of division (A) of this section may 1,009
impose upon the offender an additional fine specified for the 1,010
offense in division (B)(4) of section 2929.18 of the Revised 1,012
Code. A fine imposed under division (H)(1) of this section is 1,014
not subject to division (F) of this section and shall be used 1,015
solely for the support of one or more eligible alcohol and drug 1,016
addiction programs in accordance with divisions (H)(2) and (3) of 1,017
this section.
(2) The court that imposes a fine under division (H)(1) of 1,020
this section shall specify in the judgment that imposes the fine 1,021
one or more eligible alcohol and drug addiction programs for the 1,022
support of which the fine money is to be used. No alcohol and 1,023
drug addiction program shall receive or use money paid or 1,024
collected in satisfaction of a fine imposed under division (H)(1) 1,026
of this section unless the program is specified in the judgment 1,027
that imposes the fine. No alcohol and drug addiction program 1,028
shall be specified in the judgment unless the program is an 1,029
eligible alcohol and drug addiction program and, except as 1,030
otherwise provided in division (H)(2) of this section, unless the 1,032
program is located in the county in which the court that imposes 1,033
the fine is located or in a county that is immediately contiguous 1,034
to the county in which that court is located. If no eligible 1,035
alcohol and drug addiction program is located in any of those 1,036
counties, the judgment may specify an eligible alcohol and drug 1,037
addiction program that is located anywhere within this state. 1,038
(3) Notwithstanding any contrary provision of section 1,040
3719.21 of the Revised Code, the clerk of the court shall pay any 1,042
fine imposed under division (H)(1) of this section to the 1,043
eligible alcohol and drug addiction program specified pursuant to 1,044
25
division (H)(2) of this section in the judgment. The eligible 1,045
alcohol and drug addiction program that receives the fine moneys 1,046
shall use the moneys only for the alcohol and drug addiction 1,047
services identified in the application for certification under 1,048
section 3793.06 of the Revised Code or in the application for a 1,049
license under section 3793.11 of the Revised Code filed with the 1,051
department of alcohol and drug addiction services by the alcohol
and drug addiction program specified in the judgment. 1,052
(4) Each alcohol and drug addiction program that receives 1,054
in a calendar year any fine moneys under division (H)(3) of this 1,056
section shall file an annual report covering that calendar year 1,057
with the court of common pleas and the board of county 1,058
commissioners of the county in which the program is located, with 1,059
the court of common pleas and the board of county commissioners 1,060
of each county from which the program received the moneys if that 1,061
county is different from the county in which the program is
located, and with the attorney general. The alcohol and drug 1,062
addiction program shall file the report no later than the first 1,063
day of March in the calendar year following the calendar year in 1,065
which the program received the fine moneys. The report shall 1,066
include statistics on the number of persons served by the alcohol 1,067
and drug addiction program, identify the types of alcohol and 1,068
drug addiction services provided to those persons, and include a 1,069
specific accounting of the purposes for which the fine moneys 1,070
received were used. No information contained in the report shall 1,071
identify, or enable a person to determine the identity of, any 1,072
person served by the alcohol and drug addiction program. Each 1,073
report received by a court of common pleas, a board of county 1,074
commissioners, or the attorney general is a public record open 1,075
for inspection under section 149.43 of the Revised Code. 1,076
(5) As used in divisions (H)(1) to (5) of this section: 1,078
(a) "Alcohol and drug addiction program" and "alcohol and 1,081
drug addiction services" have the same meanings as in section 1,082
3793.01 of the Revised Code.
26
(b) "Eligible alcohol and drug addiction program" means an 1,085
alcohol and drug addiction program that is certified under 1,086
section 3793.06 of the Revised Code or licensed under section 1,087
3793.11 of the Revised Code by the department of alcohol and drug 1,089
addiction services.
Sec. 2925.11. (A) No person shall knowingly obtain, 1,098
possess, or use a controlled substance. 1,099
(B) This section does not apply to any of the following: 1,101
(1) Manufacturers, licensed health professionals 1,103
authorized to prescribe drugs, pharmacists, owners of pharmacies, 1,105
and other persons whose conduct was in accordance with Chapters 1,106
3719., 4715., 4723., 4729., 4731., and 4741. or section 4723.56 1,107
of the Revised Code;
(2) If the offense involves an anabolic steroid, any 1,109
person who is conducting or participating in a research project 1,110
involving the use of an anabolic steroid if the project has been 1,111
approved by the United States food and drug administration; 1,112
(3) Any person who sells, offers for sale, prescribes, 1,114
dispenses, or administers for livestock or other nonhuman species 1,115
an anabolic steroid that is expressly intended for administration 1,116
through implants to livestock or other nonhuman species and 1,117
approved for that purpose under the "Federal Food, Drug, and 1,118
Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, 1,119
and is sold, offered for sale, prescribed, dispensed, or 1,120
administered for that purpose in accordance with that act; 1,121
(4) Any person who obtained the controlled substance 1,123
pursuant to a prescription issued by a licensed health 1,124
professional authorized to prescribe drugs, where the drug is in 1,126
the original container in which it was dispensed to such person. 1,127
(C) Whoever violates division (A) of this section is 1,129
guilty of one of the following: 1,130
(1) If the drug involved in the violation is a compound, 1,132
mixture, preparation, or substance included in schedule I or II, 1,133
with the exception of marihuana, cocaine, L.S.D., heroin, and 1,136
27
hashish, whoever violates division (A) of this section is guilty 1,137
of aggravated possession of drugs. The penalty for the offense 1,138
shall be determined as follows:
(a) Except as otherwise provided in division (C)(1)(b), 1,141
(c), (d), or (e) of this section, aggravated possession of drugs 1,142
is a felony of the fifth degree, and division (B) of section 1,143
2929.13 of the Revised Code applies in determining whether to 1,144
impose a prison term on the offender.
(b) If the amount of the drug involved exceeds the bulk 1,147
amount but does not exceed five times the bulk amount, aggravated 1,148
possession of drugs is a felony of the third degree, and there is 1,149
a presumption for a prison term for the offense.
(c) If the amount of the drug involved exceeds five times 1,152
the bulk amount but does not exceed fifty times the bulk amount, 1,153
aggravated possession of drugs is a felony of the second degree, 1,154
and the court shall impose as a mandatory prison term one of the 1,155
prison terms prescribed for a felony of the second degree. 1,156
(d) If the amount of the drug involved exceeds fifty times 1,158
the bulk amount but does not exceed one hundred times the bulk 1,159
amount, aggravated possession of drugs is a felony of the first 1,160
degree, and the court shall impose as a mandatory prison term one 1,161
of the prison terms prescribed for a felony of the first degree. 1,162
(e) If the amount of the drug involved exceeds one hundred 1,164
times the bulk amount, aggravated possession of drugs is a felony 1,165
of the first degree, and the court shall impose as a mandatory 1,166
prison term the maximum prison term prescribed for a felony of 1,167
the first degree and may impose an additional mandatory prison 1,168
term prescribed for a major drug offender under division
(D)(3)(b) of section 2929.14 of the Revised Code. 1,169
(2) If the drug involved in the violation is a compound, 1,171
mixture, preparation, or substance included in schedule III, IV, 1,173
or V, whoever violates division (A) of this section is guilty of 1,175
possession of drugs. The penalty for the offense shall be 1,176
determined as follows: 1,177
28
(a) Except as otherwise provided in division (C)(2)(b), 1,180
(c), or (d) of this section, possession of drugs is a misdemeanor 1,181
of the third degree or, if the offender previously has been 1,182
convicted of a drug abuse offense, a misdemeanor of the second 1,183
degree. If the drug involved in the violation is an anabolic 1,184
steroid included in schedule III and if the offense is a 1,185
misdemeanor of the third degree under this division, in lieu of 1,186
sentencing the offender to a term of imprisonment in a detention 1,187
facility, the court may place the offender on conditional 1,188
probation pursuant to division (F) of section 2951.02 of the 1,190
Revised Code. 1,191
(b) If the amount of the drug involved exceeds the bulk 1,194
amount but does not exceed five times the bulk amount, possession 1,195
of drugs is a felony of the fourth degree, and division (C) of 1,196
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 1,197
(c) If the amount of the drug involved exceeds five times 1,200
the bulk amount but does not exceed fifty times the bulk amount, 1,201
possession of drugs is a felony of the third degree, and there is 1,202
a presumption for a prison term for the offense.
(d) If the amount of the drug involved exceeds fifty times 1,205
the bulk amount, possession of drugs is a felony of the second 1,206
degree, and the court shall impose upon the offender as a 1,207
mandatory prison term one of the prison terms prescribed for a 1,208
felony of the second degree.
(3) If the drug involved in the violation is marihuana or 1,210
a compound, mixture, preparation, or substance containing 1,211
marihuana other than hashish, whoever violates division (A) of 1,213
this section is guilty of possession of marihuana. The penalty 1,214
for the offense shall be determined as follows: 1,215
(a) Except as otherwise provided in division (C)(3)(b), 1,218
(c), (d), (e), or (f) of this section, possession of marihuana is 1,219
a minor misdemeanor. 1,220
(b) If the amount of the drug involved equals or exceeds 1,223
29
one hundred grams but does not exceed two hundred grams, 1,224
possession of marihuana is a misdemeanor of the fourth degree. 1,225
(c) If the amount of the drug involved exceeds two hundred 1,228
grams but does not exceed one thousand grams, possession of 1,229
marihuana is a felony of the fifth degree, and division (B) of 1,230
section 2929.13 of the Revised Code applies in determining
whether to impose a prison term on the offender. 1,232
(d) If the amount of the drug involved exceeds one 1,235
thousand grams but does not exceed five thousand grams,
possession of marihuana is a felony of the third degree, and 1,236
division (C) of section 2929.13 of the Revised Code applies in 1,237
determining whether to impose a prison term on the offender. 1,238
(e) If the amount of the drug involved exceeds five 1,241
thousand grams but does not exceed twenty thousand grams,
possession of marihuana is a felony of the third degree, and 1,242
there is a presumption that a prison term shall be imposed for 1,243
the offense. 1,244
(f) If the amount of the drug involved exceeds twenty 1,247
thousand grams, possession of marihuana is a felony of the second 1,248
degree, and the court shall impose as a mandatory prison term the 1,249
maximum prison term prescribed for a felony of the second degree. 1,250
(4) If the drug involved in the violation is cocaine or a 1,253
compound, mixture, preparation, or substance containing cocaine, 1,254
whoever violates division (A) of this section is guilty of 1,255
possession of cocaine. The penalty for the offense shall be 1,256
determined as follows:
(a) Except as otherwise provided in division (C)(4)(b), 1,259
(c), (d), (e), or (f) of this section, possession of cocaine is a 1,260
felony of the fifth degree, and division (B) of section 2929.13 1,261
of the Revised Code applies in determining whether to impose a 1,262
prison term on the offender.
(b) If the amount of the drug involved exceeds five grams 1,265
but does not exceed twenty-five grams of cocaine that is not
crack cocaine or exceeds one gram but does not exceed five grams 1,267
30
of crack cocaine, possession of cocaine is a felony of the fourth 1,268
degree, and there is a presumption for a prison term for the 1,269
offense.
(c) If the amount of the drug involved exceeds twenty-five 1,272
grams but does not exceed one hundred grams of cocaine that is 1,273
not crack cocaine or exceeds five grams but does not exceed ten 1,275
grams of crack cocaine, possession of cocaine is a felony of the 1,276
third degree, and the court shall impose as a mandatory prison 1,277
term one of the prison terms prescribed for a felony of the third 1,278
degree.
(d) If the amount of the drug involved exceeds one hundred 1,281
grams but does not exceed five hundred grams of cocaine that is 1,282
not crack cocaine or exceeds ten grams but does not exceed 1,284
twenty-five grams of crack cocaine, possession of cocaine is a 1,285
felony of the second degree, and the court shall impose as a 1,286
mandatory prison term one of the prison terms prescribed for a 1,287
felony of the second degree.
(e) If the amount of the drug involved exceeds five 1,290
hundred grams but does not exceed one thousand grams of cocaine 1,291
that is not crack cocaine or exceeds twenty-five grams but does 1,293
not exceed one hundred grams of crack cocaine, possession of
cocaine is a felony of the first degree, and the court shall 1,295
impose as a mandatory prison term one of the prison terms 1,296
prescribed for a felony of the first degree.
(f) If the amount of the drug involved exceeds one 1,299
thousand grams of cocaine that is not crack cocaine or exceeds 1,300
one hundred grams of crack cocaine, possession of cocaine is a 1,301
felony of the first degree, and the court shall impose as a 1,302
mandatory prison term the maximum prison term prescribed for a 1,303
felony of the first degree and may impose an additional mandatory 1,304
prison term prescribed for a major drug offender under division 1,305
(D)(3)(b) of section 2929.14 of the Revised Code. 1,307
(5) If the drug involved in the violation is L.S.D., 1,310
whoever violates division (A) of this section is guilty of 1,311
31
possession of L.S.D. The penalty for the offense shall be 1,313
determined as follows:
(a) Except as otherwise provided in division (C)(5)(b), 1,316
(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 1,317
of the Revised Code applies in determining whether to impose a 1,318
prison term on the offender.
(b) If the amount of L.S.D. involved exceeds ten unit 1,320
doses but does not exceed fifty unit doses of L.S.D. in a solid 1,322
form or exceeds one gram but does not exceed five grams of L.S.D. 1,323
in a liquid concentrate, liquid extract, or liquid distillate 1,324
form, possession of L.S.D. is a felony of the fourth degree, and 1,327
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. 1,328
(c) If the amount of L.S.D. involved exceeds fifty unit 1,331
doses, but does not exceed two hundred fifty unit doses of L.S.D. 1,333
in a solid form or exceeds five grams but does not exceed 1,334
twenty-five grams of L.S.D. in a liquid concentrate, liquid 1,335
extract, or liquid distillate form, possession of L.S.D. is a 1,336
felony of the third degree, and there is a presumption for a 1,337
prison term for the offense.
(d) If the amount of L.S.D. involved exceeds two hundred 1,340
fifty unit doses but does not exceed one thousand unit doses of 1,342
L.S.D. in a solid form or exceeds twenty-five grams but does not 1,343
exceed one hundred grams of L.S.D. in a liquid concentrate,
liquid extract, or liquid distillate form, possession of L.S.D. 1,345
is a felony of the second degree, and the court shall impose as a 1,346
mandatory prison term one of the prison terms prescribed for a 1,347
felony of the second degree. 1,348
(e) If the amount of L.S.D. involved exceeds one thousand 1,351
unit doses but does not exceed five thousand unit doses of L.S.D. 1,353
in a solid form or exceeds one hundred grams but does not exceed 1,354
five hundred grams of L.S.D. in a liquid concentrate, liquid 1,355
extract, or liquid distillate form, possession of L.S.D. is a 1,356
32
felony of the first degree, and the court shall impose as a 1,357
mandatory prison term one of the prison terms prescribed for a 1,358
felony of the first degree.
(f) If the amount of L.S.D. involved exceeds five thousand 1,361
unit doses of L.S.D. in a solid form or exceeds five hundred 1,364
grams of L.S.D. in a liquid concentrate, liquid extract, or 1,365
liquid distillate form, possession of L.S.D. is a felony of the 1,367
first degree, and the court shall impose as a mandatory prison 1,368
term the maximum prison term prescribed for a felony of the first 1,369
degree and may impose an additional mandatory prison term 1,370
prescribed for a major drug offender under division (D)(3)(b) of 1,371
section 2929.14 of the Revised Code. 1,372
(6) If the drug involved in the violation is heroin or a 1,374
compound, mixture, preparation, or substance containing heroin, 1,375
whoever violates division (A) of this section is guilty of 1,377
possession of heroin. The penalty for the offense shall be
determined as follows: 1,378
(a) Except as otherwise provided in division (C)(6)(b), 1,381
(c), (d), (e), or (f) of this section, possession of heroin is a 1,382
felony of the fifth degree, and division (B) of section 2929.13 1,383
of the Revised Code applies in determining whether to impose a 1,384
prison term on the offender.
(b) If the amount of the drug involved exceeds one gram 1,387
but does not exceed five grams, possession of heroin is a felony 1,388
of the fourth degree, and division (C) of section 2929.13 of the 1,389
Revised Code applies in determining whether to impose a prison
term on the offender. 1,390
(c) If the amount of the drug involved exceeds five grams 1,393
but does not exceed ten grams, possession of heroin is a felony 1,394
of the third degree, and there is a presumption for a prison term 1,395
for the offense.
(d) If the amount of the drug involved exceeds ten grams 1,398
but does not exceed fifty grams, possession of heroin is a felony 1,399
of the second degree, and the court shall impose as a mandatory 1,400
33
prison term one of the prison terms prescribed for a felony of 1,401
the second degree.
(e) If the amount of the drug involved exceeds fifty grams 1,404
but does not exceed two hundred fifty grams, possession of heroin 1,405
is a felony of the first degree, and the court shall impose as a 1,406
mandatory prison term one of the prison terms prescribed for a 1,407
felony of the first degree.
(f) If the amount of the drug involved exceeds two hundred 1,410
fifty grams, possession of heroin is a felony of the first 1,411
degree, and the court shall impose as a mandatory prison term the 1,412
maximum prison term prescribed for a felony of the first degree 1,413
and may impose an additional mandatory prison term prescribed for 1,414
a major drug offender under division (D)(3)(b) of section 2929.14 1,415
of the Revised Code. 1,416
(7) If the drug involved in the violation is hashish or a 1,418
compound, mixture, preparation, or substance containing hashish, 1,419
whoever violates division (A) of this section is guilty of 1,421
possession of hashish. The penalty for the offense shall be
determined as follows: 1,422
(a) Except as otherwise provided in division (C)(7)(b), 1,425
(c), (d), (e), or (f) of this section, possession of hashish is a 1,426
minor misdemeanor.
(b) If the amount of the drug involved equals or exceeds 1,428
five grams but does not exceed ten grams of hashish in a solid 1,429
form or equals or exceeds one gram but does not exceed two grams 1,430
of hashish in a liquid concentrate, liquid extract, or liquid 1,431
distillate form, possession of hashish is a misdemeanor of the 1,432
fourth degree.
(c) If the amount of the drug involved exceeds ten grams 1,435
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 1,436
liquid concentrate, liquid extract, or liquid distillate form, 1,437
possession of hashish is a felony of the fifth degree, and 1,438
division (B) of section 2929.13 of the Revised Code applies in 1,439
34
determining whether to impose a prison term on the offender. 1,441
(d) If the amount of the drug involved exceeds fifty grams 1,444
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 1,445
hashish in a liquid concentrate, liquid extract, or liquid 1,446
distillate form, possession of hashish is a felony of the third 1,447
degree, and division (C) of section 2929.13 of the Revised Code 1,448
applies in determining whether to impose a prison term on the 1,449
offender.
(e) If the amount of the drug involved exceeds two hundred 1,452
fifty grams but does not exceed one thousand grams of hashish in
a solid form or exceeds fifty grams but does not exceed two 1,453
hundred grams of hashish in a liquid concentrate, liquid extract, 1,454
or liquid distillate form, possession of hashish is a felony of 1,455
the third degree, and there is a presumption that a prison term 1,456
shall be imposed for the offense.
(f) If the amount of the drug involved exceeds one 1,459
thousand grams of hashish in a solid form or exceeds two hundred
grams of hashish in a liquid concentrate, liquid extract, or 1,460
liquid distillate form, possession of hashish is a felony of the 1,461
second degree, and the court shall impose as a mandatory prison 1,462
term the maximum prison term prescribed for a felony of the 1,463
second degree. 1,464
(D) Arrest or conviction for a minor misdemeanor violation 1,466
of this section does not constitute a criminal record and need 1,467
not be reported by the person so arrested or convicted in 1,468
response to any inquiries about the person's criminal record, 1,469
including any inquiries contained in any application for 1,470
employment, license, or other right or privilege, or made in 1,471
connection with the person's appearance as a witness. 1,472
(E) In addition to any prison term authorized or required 1,475
by division (C) of this section and sections 2929.13 and 2929.14 1,476
of the Revised Code and in addition to any other sanction that is 1,477
imposed for the offense under this section or sections 2929.11 to 1,478
35
2929.18 of the Revised Code, the court that sentences an offender 1,481
who is convicted of or pleads guilty to a violation of division 1,482
(A) of this section shall do all of the following that are 1,483
applicable regarding the offender:
(1)(a) If the violation is a felony of the first, second, 1,486
or third degree, the court shall impose upon the offender the 1,487
mandatory fine specified for the offense under division (B)(1) of 1,488
section 2929.18 of the Revised Code unless, as specified in that 1,489
division, the court determines that the offender is indigent. 1,490
(b) Notwithstanding any contrary provision of section 1,492
3719.21 of the Revised Code, the clerk of the court shall pay a 1,494
mandatory fine or other fine imposed for a violation of this 1,495
section pursuant to division (A) of section 2929.18 of the 1,496
Revised Code in accordance with and subject to the requirements
of division (F) of section 2925.03 of the Revised Code. The 1,497
agency that receives the fine shall use the fine as specified in 1,498
division (F) of section 2925.03 of the Revised Code. 1,499
(c) If a person is charged with a violation of this 1,501
section that is a felony of the first, second, or third degree, 1,502
posts bail, and forfeits the bail, the clerk shall pay the 1,503
forfeited bail pursuant to division (E)(1)(b) of this section as 1,504
if it were a mandatory fine imposed under division (E)(1)(a) of 1,505
this section.
(2) The court shall suspend for not less than six months 1,507
or more than five years the driver's or commercial driver's 1,508
license or permit of any person who is convicted of or has 1,509
pleaded guilty to a violation of this section.
(3) If the offender is a professionally licensed person or 1,511
a person who has been admitted to the bar by order of the supreme 1,513
court in compliance with its prescribed and published rules, in 1,514
addition to any other sanction imposed for a violation of this 1,515
section, the court forthwith shall comply with section 2925.38 of 1,516
the Revised Code.
(F) It is an affirmative defense, as provided in section 1,518
36
2901.05 of the Revised Code, to a charge of a fourth degree 1,519
felony violation under this section that the controlled substance 1,520
that gave rise to the charge is in an amount, is in a form, is 1,523
prepared, compounded, or mixed with substances that are not 1,525
controlled substances in a manner, or is possessed under any 1,526
other circumstances, that indicate that the substance was 1,527
possessed solely for personal use. Notwithstanding any contrary 1,529
provision of this section, if, in accordance with section 2901.05 1,530
of the Revised Code, an accused who is charged with a fourth 1,531
degree felony violation of division (C)(2), (4), (5), or (6) of 1,532
this section sustains the burden of going forward with evidence 1,533
of and establishes by a preponderance of the evidence the 1,534
affirmative defense described in this division, the accused may 1,535
be prosecuted for and may plead guilty to or be convicted of a 1,536
misdemeanor violation of division (C)(2) of this section or a 1,537
fifth degree felony violation of division (C)(4), (5), or (6) of 1,538
this section respectively. 1,539
(G) When a person is charged with possessing a bulk amount 1,541
or multiple of a bulk amount, division (E) of section 2925.03 of 1,543
the Revised Code applies regarding the determination of the 1,544
amount of the controlled substance involved at the time of the 1,545
offense.
Sec. 2925.12. (A) No person shall knowingly make, obtain, 1,554
possess, or use any instrument, article, or thing the customary 1,555
and primary purpose of which is for the administration or use of 1,556
a dangerous drug, other than marihuana, when the instrument 1,557
involved is a hypodermic or syringe, whether or not of crude or 1,558
extemporized manufacture or assembly, and the instrument, 1,559
article, or thing involved has been used by the offender to 1,560
unlawfully administer or use a dangerous drug, other than 1,561
marihuana, or to prepare a dangerous drug, other than marihuana, 1,562
for unlawful administration or use. 1,563
(B) This section does not apply to manufacturers, licensed 1,566
health professionals authorized to prescribe drugs, pharmacists, 1,567
37
owners of pharmacies, and other persons whose conduct was in 1,568
accordance with Chapters 3719., 4715., 4723., 4729., 4731., and 1,569
4741. or section 4723.56 of the Revised Code. 1,570
(C) Whoever violates this section is guilty of possessing 1,572
drug abuse instruments, a misdemeanor of the second degree. If 1,573
the offender previously has been convicted of a drug abuse 1,574
offense, a violation of this section is a misdemeanor of the 1,575
first degree. 1,576
(D) In addition to any other sanction imposed for a 1,578
violation of this section, the court shall suspend for not less 1,579
than six months or more than five years the driver's or 1,580
commercial driver's license or permit of any person who is 1,581
convicted of or has pleaded guilty to a violation of this 1,582
section. If the offender is a professionally licensed person or 1,583
a person who has been admitted to the bar by order of the supreme 1,584
court in compliance with its prescribed and published rules, in 1,585
addition to any other sanction imposed for a violation of this 1,586
section, the court forthwith shall comply with section 2925.38 of 1,587
the Revised Code.
Sec. 2925.14. (A) As used in this section, "drug 1,596
paraphernalia" means any equipment, product, or material of any 1,597
kind that is used by the offender, intended by the offender for 1,598
use, or designed for use, in propagating, cultivating, growing, 1,599
harvesting, manufacturing, compounding, converting, producing, 1,600
processing, preparing, testing, analyzing, packaging, 1,601
repackaging, storing, containing, concealing, injecting, 1,602
ingesting, inhaling, or otherwise introducing into the human 1,603
body, a controlled substance in violation of this chapter. "Drug 1,604
paraphernalia" includes, but is not limited to, any of the 1,605
following equipment, products, or materials that are used by the 1,606
offender, intended by the offender for use, or designed by the 1,607
offender for use, in any of the following manners: 1,608
(1) A kit for propagating, cultivating, growing, or 1,610
harvesting any species of a plant that is a controlled substance 1,611
38
or from which a controlled substance can be derived; 1,612
(2) A kit for manufacturing, compounding, converting, 1,614
producing, processing, or preparing a controlled substance; 1,615
(3) An isomerization device for increasing the potency of 1,617
any species of a plant that is a controlled substance; 1,618
(4) Testing equipment for identifying, or analyzing the 1,620
strength, effectiveness, or purity of, a controlled substance; 1,621
(5) A scale or balance for weighing or measuring a 1,623
controlled substance; 1,624
(6) A diluent or adulterant, such as quinine 1,626
hydrochloride, mannitol, mannite, dextrose, or lactose, for 1,627
cutting a controlled substance; 1,628
(7) A separation gin or sifter for removing twigs and 1,630
seeds from, or otherwise cleaning or refining, marihuana; 1,631
(8) A blender, bowl, container, spoon, or mixing device 1,633
for compounding a controlled substance; 1,634
(9) A capsule, balloon, envelope, or container for 1,636
packaging small quantities of a controlled substance; 1,637
(10) A container or device for storing or concealing a 1,639
controlled substance; 1,640
(11) A hypodermic syringe, needle, or instrument for 1,642
parenterally injecting a controlled substance into the human 1,643
body; 1,644
(12) An object, instrument, or device for ingesting, 1,646
inhaling, or otherwise introducing into the human body, 1,647
marihuana, cocaine, hashish, or hashish oil, such as a metal, 1,649
wooden, acrylic, glass, stone, plastic, or ceramic pipe, with or 1,650
without a screen, permanent screen, hashish head, or punctured 1,651
metal bowl; water pipe; carburetion tube or device; smoking or 1,652
carburetion mask; roach clip or similar object used to hold 1,653
burning material, such as a marihuana cigarette, that has become 1,654
too small or too short to be held in the hand; miniature cocaine 1,655
spoon, or cocaine vial; chamber pipe; carburetor pipe; electric 1,656
pipe; air driver pipe; chillum; bong; or ice pipe or chiller. 1,657
39
(B) In determining if an object is drug paraphernalia, a 1,659
court or law enforcement officer shall consider, in addition to 1,660
other relevant factors, the following: 1,661
(1) Any statement by the owner, or by anyone in control, 1,663
of the object, concerning its use; 1,664
(2) The proximity in time or space of the object, or of 1,666
the act relating to the object, to a violation of any provision 1,667
of this chapter; 1,668
(3) The proximity of the object to any controlled 1,670
substance;
(4) The existence of any residue of a controlled substance 1,672
on the object;
(5) Direct or circumstantial evidence of the intent of the 1,674
owner, or of anyone in control, of the object, to deliver it to 1,675
any person whom the owner or person in control of the object 1,676
knows intends to use the object to facilitate a violation of any 1,677
provision of this chapter. A finding that the owner, or anyone 1,678
in control, of the object, is not guilty of a violation of any 1,679
other provision of this chapter does not prevent a finding that 1,680
the object was intended or designed by the offender for use as 1,681
drug paraphernalia.
(6) Any oral or written instruction provided with the 1,683
object concerning its use; 1,684
(7) Any descriptive material accompanying the object and 1,686
explaining or depicting its use; 1,687
(8) National or local advertising concerning the use of 1,689
the object; 1,690
(9) The manner and circumstances in which the object is 1,692
displayed for sale; 1,693
(10) Direct or circumstantial evidence of the ratio of the 1,695
sales of the object to the total sales of the business 1,696
enterprise; 1,697
(11) The existence and scope of legitimate uses of the 1,699
object in the community; 1,700
40
(12) Expert testimony concerning the use of the object. 1,702
(C)(1) No person shall knowingly use, or possess with 1,704
purpose to use, drug paraphernalia. 1,705
(2) No person shall knowingly sell, or possess or 1,707
manufacture with purpose to sell, drug paraphernalia, if the 1,708
person knows or reasonably should know that the equipment, 1,709
product, or material will be used as drug paraphernalia. 1,710
(3) No person shall place an advertisement in any 1,712
newspaper, magazine, handbill, or other publication that is 1,713
published and printed and circulates primarily within this state, 1,714
if the person knows that the purpose of the advertisement is to 1,715
promote the illegal sale in this state of the equipment, product, 1,716
or material that the offender intended or designed for use as 1,717
drug paraphernalia.
(D) This section does not apply to manufacturers, licensed 1,720
health professionals authorized to prescribe drugs, pharmacists, 1,721
owners of pharmacies, and other persons whose conduct is in 1,722
accordance with Chapters 3719., 4715., 4723., 4729., 4731., and 1,723
4741. or section 4723.56 of the Revised Code. This section shall 1,724
not be construed to prohibit the possession or use of a 1,725
hypodermic as authorized by section 3719.172 of the Revised Code. 1,726
(E) Notwithstanding sections 2933.42 and 2933.43 of the 1,728
Revised Code, any drug paraphernalia that was used, possessed, 1,729
sold, or manufactured in a violation of this section shall be 1,730
seized, after a conviction for that violation shall be forfeited, 1,731
and upon forfeiture shall be disposed of pursuant to division 1,732
(D)(8) of section 2933.41 of the Revised Code. 1,733
(F)(1) Whoever violates division (C)(1) of this section is 1,735
guilty of illegal use or possession of drug paraphernalia, a 1,736
misdemeanor of the fourth degree. 1,737
(2) Except as provided in division (F)(3) of this section, 1,739
whoever violates division (C)(2) of this section is guilty of 1,740
dealing in drug paraphernalia, a misdemeanor of the second 1,741
degree. 1,742
41
(3) Whoever violates division (C)(2) of this section by 1,744
selling drug paraphernalia to a juvenile is guilty of selling 1,745
drug paraphernalia to juveniles, a misdemeanor of the first 1,746
degree. 1,747
(4) Whoever violates division (C)(3) of this section is 1,749
guilty of illegal advertising of drug paraphernalia, a 1,750
misdemeanor of the second degree. 1,751
(G) In addition to any other sanction imposed for a 1,753
violation of this section, the court shall suspend for not less 1,754
than six months or more than five years the driver's or 1,755
commercial driver's license or permit of any person who is 1,756
convicted of or has pleaded guilty to a violation of this 1,757
section. If the offender is a professionally licensed person or 1,758
a person who has been admitted to the bar by order of the supreme 1,759
court in compliance with its prescribed and published rules, in 1,760
addition to any other sanction imposed for a violation of this 1,761
section, the court forthwith shall comply with section 2925.38 of 1,762
the Revised Code.
Sec. 2925.23. (A) No person shall knowingly make a false 1,771
statement in any prescription, order, report, or record required 1,772
by Chapter 3719. or 4729. of the Revised Code. 1,773
(B) No person shall intentionally make, utter, or sell, or 1,775
knowingly possess a false or forged: 1,776
(1) Prescription; 1,778
(2) Uncompleted preprinted prescription blank used for 1,780
writing a prescription; 1,781
(3) Official written order; 1,783
(4) License for a terminal distributor of dangerous drugs 1,785
as required in section 4729.60 of the Revised Code; 1,786
(5) Registration certificate for a wholesale distributor 1,788
of dangerous drugs as required in section 4729.60 of the Revised 1,789
Code. 1,790
(C) No person, by theft as defined in section 2913.02 of 1,792
the Revised Code, shall acquire any of the following: 1,793
42
(1) A prescription; 1,795
(2) An uncompleted preprinted prescription blank used for 1,797
writing a prescription; 1,798
(3) An official written order; 1,800
(4) A blank official written order; 1,802
(5) A license or blank license for a terminal distributor 1,804
of dangerous drugs as required in section 4729.60 of the Revised 1,805
Code; 1,806
(6) A registration certificate or blank registration 1,808
certificate for a wholesale distributor of dangerous drugs as 1,809
required in section 4729.60 of the Revised Code. 1,810
(D) No person shall knowingly make or affix any false or 1,812
forged label to a package or receptacle containing any dangerous 1,813
drugs. 1,814
(E) Divisions (A) and (D) of this section do not apply to 1,816
licensed health professionals authorized to prescribe drugs, 1,818
pharmacists, owners of pharmacies, and other persons whose 1,819
conduct is in accordance with Chapters 3719., 4715., 4723., 1,820
4725., 4729., 4731., and 4741. of the Revised Code or section 1,821
4723.56 of the Revised Code.
(F) Whoever violates this section is guilty of illegal 1,823
processing of drug documents. The penalty for the offense shall 1,824
be determined as follows: 1,825
(1) If the drug involved is a compound, mixture, 1,827
preparation, or substance included in schedule I or II, with the 1,828
exception of marihuana, illegal processing of drug documents is a 1,829
felony of the fourth degree, and division (C) of section 2929.13 1,830
of the Revised Code applies in determining whether to impose a 1,831
prison term on the offender.
(2) If the drug involved is a dangerous drug or a 1,833
compound, mixture, preparation, or substance included in schedule 1,834
III, IV, or V or is marihuana, illegal processing of drug 1,835
documents is a felony of the fifth degree, and division (C) of 1,836
section 2929.13 of the Revised Code applies in determining 1,837
43
whether to impose a prison term on the offender.
(G) In addition to any prison term authorized or required 1,839
by division (F) of this section and sections 2929.13 and 2929.14 1,840
of the Revised Code and in addition to any other sanction imposed 1,841
for the offense under this section or sections 2929.11 to 2929.18 1,842
of the Revised Code, the court that sentences an offender who is 1,843
convicted of or pleads guilty to any violation of divisions (A) 1,844
to (D) of this section shall do both of the following:
(1) The court shall suspend for not less than six months 1,847
or more than five years the driver's or commercial driver's 1,848
license or permit of any person who is convicted of or has 1,849
pleaded guilty to a violation of this section.
(2) If the offender is a professionally licensed person or 1,851
a person who has been admitted to the bar by order of the supreme 1,852
court in compliance with its prescribed and published rules, in 1,853
addition to any other sanction imposed for a violation of this 1,854
section, the court forthwith shall comply with section 2925.38 of 1,855
the Revised Code.
(H) Notwithstanding any contrary provision of section 1,857
3719.21 of the Revised Code, the clerk of court shall pay a fine 1,858
imposed for a violation of this section pursuant to division (A) 1,859
of section 2929.18 of the Revised Code in accordance with and 1,860
subject to the requirements of division (F) of section 2925.03 of 1,861
the Revised Code. The agency that receives the fine shall use 1,862
the fine as specified in division (F) of section 2925.03 of the 1,863
Revised Code.
Sec. 2925.36. (A) No person shall knowingly furnish 1,872
another a sample drug. 1,873
(B) Division (A) of this section does not apply to 1,875
manufacturers, wholesalers, pharmacists, owners of pharmacies, 1,876
dentists, doctors of medicine and surgery, doctors of osteopathic 1,877
medicine and surgery, doctors of podiatry, veterinarians, and 1,878
other persons whose conduct is in accordance with Chapters 3719., 1,879
4715., 4729., 4731., and 4741. of the Revised Code or; to 1,880
44
optometrists whose conduct is in accordance with a valid 1,881
therapeutic pharmaceutical agents certificate issued under 1,882
Chapter 4725. of the Revised Code; OR TO CLINICAL NURSE 1,884
SPECIALISTS, CERTIFIED NURSE-MIDWIVES, OR CERTIFIED NURSE 1,885
PRACTITIONERS WHO HOLD A CERTIFICATE TO PRESCRIBE ISSUED UNDER 1,886
SECTION 4723.48 OF THE REVISED CODE. 1,887
(C)(1) Whoever violates this section is guilty of illegal 1,889
dispensing of drug samples. 1,890
(2) If the drug involved in the offense is a compound, 1,892
mixture, preparation, or substance included in schedule I or II, 1,893
with the exception of marihuana, the penalty for the offense 1,894
shall be determined as follows: 1,895
(a) Except as otherwise provided in division (C)(2)(b) of 1,897
this section, illegal dispensing of drug samples is a felony of 1,898
the fifth degree, and, subject to division (E) of this section, 1,900
division (C) of section 2929.13 of the Revised Code applies in
determining whether to impose a prison term on the offender. 1,901
(b) If the offense was committed in the vicinity of a 1,903
school or in the vicinity of a juvenile, illegal dispensing of 1,904
drug samples is a felony of the fourth degree, and, subject to 1,905
division (E) of this section, division (C) of section 2929.13 of 1,906
the Revised Code applies in determining whether to impose a 1,907
prison term on the offender.
(3) If the drug involved in the offense is a dangerous 1,909
drug or a compound, mixture, preparation, or substance included 1,910
in schedule III, IV, or V, or is marihuana, the penalty for the 1,911
offense shall be determined as follows: 1,912
(a) Except as otherwise provided in division (C)(3)(b) of 1,915
this section, illegal dispensing of drug samples is a misdemeanor 1,916
of the second degree.
(b) If the offense was committed in the vicinity of a 1,919
school or in the vicinity of a juvenile, illegal dispensing of 1,920
drug samples is a misdemeanor of the first degree. 1,921
(D) In addition to any prison term authorized or required 1,924
45
by division (C) or (E) of this section and sections 2929.13 and 1,925
2929.14 of the Revised Code and in addition to any other sanction 1,926
imposed for the offense under this section or sections 2929.11 to
2929.18 of the Revised Code, the court that sentences an offender 1,928
who is convicted of or pleads guilty to a violation of division 1,929
(A) of this section shall do both of the following:
(1) The court shall suspend for not less than six months 1,932
or more than five years the driver's or commercial driver's 1,933
license or permit of any person who is convicted of or has 1,934
pleaded guilty to a violation of this section.
(2) If the offender is a professionally licensed person or 1,936
a person who has been admitted to the bar by order of the supreme 1,937
court in compliance with its prescribed and published rules, in 1,938
addition to any other sanction imposed for a violation of this 1,939
section, the court forthwith shall comply with section 2925.38 of 1,940
the Revised Code. 1,941
(E) Notwithstanding the prison term authorized or required 1,943
by division (C) of this section and sections 2929.13 and 2929.14 1,944
of the Revised Code, if the violation of division (A) of this 1,945
section involves the sale, offer to sell, or possession of a 1,946
schedule I or II controlled substance, with the exception of 1,947
marihuana, and if the offender, as a result of the violation, is 1,948
a major drug offender, the court, in lieu of the prison term 1,949
otherwise authorized or required, shall impose upon the offender 1,950
the mandatory prison term specified in division (D)(3)(a) of 1,951
section 2929.14 of the Revised Code and may impose an additional
prison term under division (D)(3)(b) of that section. 1,953
(F) Notwithstanding any contrary provision of section 1,956
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 1,958
(A) of section 2929.18 of the Revised Code in accordance with and 1,959
subject to the requirements of division (F) of section 2925.03 of 1,960
the Revised Code. The agency that receives the fine shall use 1,961
the fine as specified in division (F) of section 2925.03 of the
46
Revised Code. 1,962
Sec. 3719.06. (A) A licensed health professional 1,971
authorized to prescribe drugs, if acting in the course of 1,973
professional practice, in accordance with the laws regulating the 1,974
professional's practice, and in accordance with rules adopted by 1,975
the state board of pharmacy, may do the following: 1,976
(1) Prescribe EXCEPT AS PROVIDED IN THIS DIVISION, 1,978
PRESCRIBE schedule II, III, IV, and V controlled substances; 1,980
(2) Administer or personally furnish to patients schedule 1,983
II, III, IV, and V controlled substances; 1,986
(3) Cause schedule II, III, IV, and V controlled 1,990
substances to be administered under the prescriber's direction 1,992
and supervision.
A LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE 1,994
DRUGS WHO IS A CLINICAL NURSE SPECIALIST, CERTIFIED 1,995
NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE A 1,996
SCHEDULE II CONTROLLED SUBSTANCE FOR A PATIENT ONLY AFTER THE 1,997
NURSE'S COLLABORATING PHYSICIAN OR PODIATRIST HAS INITIALLY 1,999
PRESCRIBED THE SCHEDULE II CONTROLLED SUBSTANCE FOR THE PATIENT. 2,000
(B) No licensed health professional authorized to 2,003
prescribe drugs shall prescribe, administer, or personally 2,004
furnish a schedule III anabolic steroid for the purpose of human 2,006
muscle building or enhancing human athletic performance and no 2,007
pharmacist shall dispense a schedule III anabolic steroid for 2,008
either purpose, unless it has been approved for that purpose
under the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 2,010
(1938), 21 U.S.C.A. 301, as amended. 2,011
(C) Each written prescription shall be properly executed, 2,014
dated, and signed by the prescriber on the day when issued and 2,018
shall bear the full name and address of the person for whom, or 2,019
the owner of the animal for which, the controlled substance is 2,021
prescribed and the full name, address, and registry number under 2,022
the federal drug abuse control laws of the prescriber. If the 2,023
prescription is for an animal, it shall state the species of the 2,026
47
animal for which the controlled substance is prescribed.
Sec. 3719.81. (A) A person may furnish another a sample 2,035
of any drug of abuse, or of any drug or pharmaceutical 2,036
preparation that would be hazardous to health or safety if used 2,038
without the supervision of a licensed health professional 2,039
authorized to prescribe drugs, if all of the following apply: 2,040
(1) The sample is furnished by a manufacturer, 2,042
manufacturer's representative, or wholesale dealer in 2,043
pharmaceuticals to a licensed health professional authorized to 2,045
prescribe drugs, or is furnished by such a professional to a 2,046
patient for use as medication;
(2) The drug is in the original container in which it was 2,048
placed by the manufacturer, and the container is plainly marked 2,050
as a sample; 2,051
(3) Prior to its being furnished, the drug sample has been 2,053
stored under the proper conditions to prevent its deterioration 2,054
or contamination; 2,055
(4) If the drug is of a type which deteriorates with time, 2,057
the sample container is plainly marked with the date beyond which 2,058
the drug sample is unsafe to use, and the date has not expired on 2,061
the sample furnished. Compliance with the labeling requirements 2,062
of the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040 2,063
(1938), 21 U.S.C.A. 301, as amended, shall be deemed compliance 2,064
with this section. 2,066
(5) The drug is distributed, stored, or discarded in such 2,068
a way that the drug sample may not be acquired or used by any 2,069
unauthorized person, or by any person, including a child, for 2,070
whom it may present a health or safety hazard. 2,071
(B) Division (A) of this section does not do any of the 2,073
following: 2,074
(1) Apply to or restrict the furnishing of any sample of a 2,076
nonnarcotic substance if the substance may, under the "Federal 2,078
Food, Drug, and Cosmetic Act" and under the laws of this state, 2,079
otherwise be lawfully sold over the counter without a 2,080
48
prescription;
(2) Authorize UNTIL TWO YEARS AFTER THE EFFECTIVE DATE OF 2,082
THIS AMENDMENT, AUTHORIZE an advanced practice nurse AUTHORIZED 2,083
TO PRESCRIBE UNDER SECTION 4723.56 OF THE REVISED CODE to furnish 2,084
a sample of any drug; 2,085
(3) Authorize an optometrist to furnish a sample of a drug 2,088
that is not a drug the optometrist is authorized to prescribe.
(C) The state board of pharmacy shall, in accordance with 2,090
Chapter 119. of the Revised Code, adopt rules as necessary to 2,092
give effect to this section.
Sec. 4723.02. As used in this chapter: 2,101
(A) "Registered nurse" means an individual who holds a 2,103
current, valid license issued under this chapter that authorizes 2,104
the practice of nursing as a registered nurse. 2,105
(B) "Practice of nursing as a registered nurse" means 2,107
providing to individuals and groups nursing care requiring 2,108
specialized knowledge, judgment, and skill derived from the 2,109
principles of biological, physical, behavioral, social, and 2,110
nursing sciences. Such nursing care includes: 2,111
(1) Identifying patterns of human responses to actual or 2,113
potential health problems amenable to a nursing regimen; 2,114
(2) Executing a nursing regimen through the selection, 2,116
performance, management, and evaluation of nursing actions; 2,117
(3) Assessing health status for the purpose of providing 2,119
nursing care; 2,120
(4) Providing health counseling and health teaching; 2,122
(5) Administering medications, treatments, and executing 2,124
regimens prescribed by licensed physicians; dentists; 2,126
optometrists; podiatrists; or, until January 1, 2010, advanced 2,128
practice nurses authorized to prescribe under section 4723.56 of 2,129
the Revised Code BY AN INDIVIDUAL WHO IS AUTHORIZED TO PRACTICE 2,132
IN THIS STATE AND IS ACTING WITHIN THE COURSE OF THE INDIVIDUAL'S 2,133
PROFESSIONAL PRACTICE; 2,134
(6) Teaching, administering, supervising, delegating, and 2,136
49
evaluating nursing practice. 2,137
(C) "Nursing regimen" may include preventative, 2,139
restorative, and health-promotion activities. 2,140
(D) "Assessing health status" means the collection of data 2,142
through nursing assessment techniques, which may include 2,143
interviews, observation, and physical evaluations for the purpose 2,144
of providing nursing care. 2,145
(E) "Licensed practical nurse" means an individual who 2,147
holds a current, valid license issued under this chapter that 2,148
authorizes the practice of nursing as a licensed practical nurse. 2,149
(F) "The practice of nursing as a licensed practical 2,151
nurse" means providing to individuals and groups nursing care 2,152
requiring the application of basic knowledge of the biological, 2,153
physical, behavioral, social, and nursing sciences at the 2,154
direction of a licensed physician, dentist, podiatrist, 2,155
optometrist, or registered nurse. Such nursing care includes: 2,156
(1) Observation, patient teaching, and care in a diversity 2,158
of health care settings; 2,159
(2) Contributions to the planning, implementation, and 2,161
evaluation of nursing; 2,162
(3) Administration of medications and treatments 2,164
prescribed by a licensed physician; dentist; optometrist; 2,165
podiatrist; or, until January 1, 2010, an advanced practice nurse 2,168
authorized to prescribe under section 4723.56 of the Revised Code 2,170
BY AN INDIVIDUAL WHO IS AUTHORIZED TO PRACTICE IN THIS STATE AND 2,171
IS ACTING WITHIN THE COURSE OF THE INDIVIDUAL'S PROFESSIONAL 2,172
PRACTICE. Medications may be administered by a licensed 2,174
practical nurse upon proof of completion of a course in 2,175
medication administration approved by the board of nursing. 2,176
(G) "Certified registered nurse anesthetist" means a 2,179
registered nurse who holds a valid certificate of authority 2,180
issued under this chapter that authorizes the practice of nursing 2,181
as a certified registered nurse anesthetist in accordance with 2,182
section 4723.43 of the Revised Code and rules adopted by the 2,183
50
board of nursing. 2,184
(H) "Clinical nurse specialist" means a registered nurse 2,187
who holds a valid certificate of authority issued under this 2,188
chapter that authorizes the practice of nursing as a clinical 2,189
nurse specialist in accordance with section 4723.43 of the 2,190
Revised Code and rules adopted by the board of nursing. 2,191
(I) "Certified nurse-midwife" means a registered nurse who 2,193
holds a valid certificate of authority issued under this chapter 2,194
that authorizes the practice of nursing as a certified 2,195
nurse-midwife in accordance with section 4723.43 of the Revised 2,196
Code and rules adopted by the board of nursing. 2,197
(J) "Certified nurse practitioner" means a registered 2,199
nurse who holds a valid certificate of authority issued under 2,200
this chapter that authorizes the practice of nursing as a 2,201
certified nurse practitioner in accordance with section 4723.43 2,202
of the Revised Code and rules adopted by the board of nursing. 2,204
(K) "Physician" means an individual who holds a 2,207
certificate issued under Chapter 4731. of the Revised Code 2,209
authorizing the practice of medicine and surgery or osteopathic 2,211
medicine and surgery and is practicing in this state. 2,212
(L) "Dentist" means an individual who is licensed under 2,215
Chapter 4715. of the Revised Code to practice dentistry and is 2,216
practicing in this state. 2,217
(M) "Podiatrist" means an individual who holds a 2,220
certificate issued under Chapter 4731. of the Revised Code 2,221
authorizing the practice of podiatry and is practicing in this 2,222
state.
(N) "Collaboration" or "collaborating" means the 2,224
following: 2,225
(1) In the case of a clinical nurse specialist, except as 2,228
provided in division (N)(K)(3) of this section, or a certified 2,229
nurse practitioner, that a podiatrist acting within the 2,230
podiatrist's scope of practice in accordance with section 4731.51 2,231
of the Revised Code and with whom the nurse has entered into a 2,232
51
standard care arrangement or physician with whom the nurse has 2,233
entered into a standard care arrangement is continuously 2,234
available to communicate with the clinical nurse specialist or 2,235
certified nurse practitioner either in person or by radio, 2,236
telephone, or other form of telecommunication; 2,237
(2) In the case of a certified nurse-midwife, that a 2,239
physician with whom the certified nurse-midwife has entered into 2,240
a standard care arrangement is continuously available to 2,241
communicate with the certified nurse-midwife either in person or 2,242
by radio, telephone, or other form of telecommunication; 2,243
(3) In the case of a clinical nurse specialist whose 2,245
nursing specialty is mental health or psychiatric mental health, 2,246
that a physician is continuously available to communicate with 2,248
the nurse either in person or by radio, telephone, or other form 2,249
of telecommunication.
(O)(L) "Supervision" means that a certified registered 2,252
nurse anesthetist is under the direction of a podiatrist acting
within the podiatrist's scope of practice in accordance with 2,253
section 4731.51 of the Revised Code, a dentist acting within the 2,255
dentist's scope of practice in accordance with Chapter 4715. of 2,257
the Revised Code, or a physician, and, when administering 2,258
anesthesia, the certified registered nurse anesthetist is in the 2,259
immediate presence of the podiatrist, dentist, or physician. 2,260
(P)(M) "Standard care arrangement" means a written, formal 2,263
guide for planning and evaluating a patient's health care that is 2,264
developed by a collaborating physician or podiatrist and a
clinical nurse specialist, certified nurse-midwife, or certified 2,265
nurse practitioner and meets the requirements of section 4723.431 2,266
of the Revised Code. 2,267
Sec. 4723.04. The state nurses' board shall be known as 2,276
the board of nursing. The board shall assume and exercise all 2,277
the powers and perform all the duties conferred and imposed on it 2,278
by this chapter concerning nurses and nursing and the regulation 2,279
thereof. The board shall consist of thirteen members who shall 2,280
52
be citizens of the United States and residents of Ohio. Eight 2,281
members shall be registered nurses, each of whom shall be a 2,282
graduate of an approved program of nursing education that 2,283
prepares persons for licensure as a registered nurse, shall hold 2,284
a currently active license issued under this chapter to practice 2,285
nursing as a registered nurse, and shall have been actively 2,286
engaged in the practice of nursing as a registered nurse for the 2,287
five years immediately preceding the member's initial appointment 2,288
to the board. OF THE EIGHT MEMBERS WHO ARE REGISTERED NURSES, 2,289
ONE SHALL HOLD A VALID CERTIFICATE OF AUTHORITY ISSUED UNDER THIS 2,291
CHAPTER THAT AUTHORIZES THE PRACTICE OF NURSING AS A CERTIFIED 2,292
NURSE-MIDWIFE, CERTIFIED NURSE PRACTITIONER, OR CLINICAL NURSE 2,293
SPECIALIST. Four members shall be licensed practical nurses, 2,294
each of whom shall be a graduate of an approved program of 2,295
nursing education that prepares persons for licensure as a 2,296
practical nurse, shall hold a currently active license issued 2,297
under this chapter to practice nursing as a licensed practical 2,298
nurse, and shall have been actively engaged in the practice of 2,299
nursing as a licensed practical nurse for the five years 2,300
immediately preceding the member's initial appointment to the 2,301
board. One member shall represent the interests of consumers of 2,302
health care. Neither this member nor any person in the member's 2,303
immediate family shall be a member of or associated with a health 2,304
care provider or profession or shall have a financial interest in 2,305
the delivery or financing of health care. Representation of 2,306
nursing service and nursing education and of the various 2,307
geographical areas of the state shall be considered in making 2,308
appointments. As the term of any member of the board expires, a 2,309
successor shall be appointed who has the qualifications the 2,310
vacancy requires. Terms of office shall be for five years, 2,311
commencing on the first day of January and ending on the 2,312
thirty-first day of December. Each member shall hold office from 2,313
the date of appointment until the end of the term for which the 2,314
member was appointed. The term of a member shall expire if the 2,315
53
member ceases to meet any requirement of this section for the 2,316
member's position on the board. Any member appointed to fill a 2,317
vacancy occurring prior to the expiration of the term for which 2,318
her THE MEMBER'S predecessor was appointed shall hold office for 2,319
the remainder of such term. A person who has served a full term 2,321
on the board or more than thirty months of the remainder of the 2,322
term of a predecessor shall not be eligible for a subsequent 2,323
appointment to the board. Any member shall continue in office 2,324
subsequent to the expiration date of her THE MEMBER'S term until 2,325
her THE MEMBER'S successor takes office, or until a period of 2,327
sixty days has elapsed, whichever occurs first. Nursing 2,328
organizations of this state may each submit to the governor the 2,329
names of not more than five nominees for each position to be 2,330
filled on the board. From the names so submitted or from others, 2,331
at his THE GOVERNOR'S discretion, the governor with the advice 2,332
and consent of the senate shall make such appointments. 2,333
Any member of the board may be removed by the governor for 2,335
neglect of any duty required by law or for incompetency or 2,336
unprofessional or dishonorable conduct, after a hearing as 2,337
provided in Chapter 119. of the Revised Code. Seven members of 2,338
the board including at least four registered nurses and at least 2,339
one licensed practical nurse shall at all times constitute a 2,340
quorum. 2,341
Each member of the board shall receive an amount fixed 2,343
pursuant to division (J) of section 124.15 of the Revised Code 2,344
for each day in attendance at board meetings and in discharge of 2,345
official duties, and in addition thereto, necessary expense 2,346
incurred in the performance of such duties. 2,347
The board shall elect one of its nurse members as president 2,349
and one as vice-president. 2,350
The board may establish advisory groups to serve in 2,352
consultation with the board or the executive director. Each 2,353
advisory group shall be given a specific charge in writing and 2,354
shall report to the board. Members of advisory groups shall 2,355
54
serve without compensation but shall receive their actual and 2,356
necessary expenses incurred in the performance of their official 2,357
duties. 2,358
Sec. 4723.06. (A) The board of nursing shall: 2,367
(1) Administer and enforce the provisions of this chapter, 2,369
including the taking of disciplinary action for violations of 2,370
section 4723.28 of the Revised Code, any other provisions of this 2,371
chapter, or rules promulgated under Chapter 119. of the Revised 2,372
Code; 2,373
(2) Examine applicants for licensure to practice as a 2,375
registered nurse or as a licensed practical nurse; 2,376
(3) Issue and renew licenses as provided in this chapter; 2,378
(4) Define the minimum curricula and standards for 2,380
educational programs of the schools of professional nursing and 2,381
schools of practical nursing in this state; 2,382
(5) Survey, inspect, and grant full approval to 2,384
prelicensure nursing education programs that meet the standards 2,386
established by rules adopted under section 4723.07 of the Revised 2,387
Code. Prelicensure nursing education programs include, but are 2,388
not limited to, associate degree, baccalaureate degree, diploma, 2,389
and doctor of nursing programs leading to initial licensure to 2,390
practice nursing as a registered nurse and practical nurse 2,391
programs leading to initial licensure to practice nursing as a 2,392
licensed practical nurse.
(6) Grant conditional approval, by a vote of a quorum of 2,394
the board, to a new prelicensure nursing education program or a 2,395
program that is being reestablished after having ceased to 2,397
operate, if the program meets and maintains the minimum standards 2,399
of the board established by rules adopted under section 4723.07 2,400
of the Revised Code. If the board does not grant conditional 2,401
approval, it shall hold a hearing under Chapter 119. of the 2,402
Revised Code to consider conditional approval of the program. If 2,403
the board grants conditional approval, at its first meeting after 2,404
the first class has completed the program, the board shall 2,405
55
determine whether to grant full approval to the program. If the 2,406
board does not grant full approval or if it appears that the 2,409
program has failed to meet and maintain standards established by 2,410
rules adopted under section 4723.07 of the Revised Code, the 2,411
board shall hold a hearing under Chapter 119. of the Revised Code 2,412
to consider the program. Based on results of the hearing, the 2,413
board may continue or withdraw conditional approval, or grant 2,414
full approval.
(7) Place on provisional approval, for a period of time 2,416
specified by the board, a program that has ceased to meet and 2,418
maintain the minimum standards of the board established by rules 2,419
adopted under section 4723.07 of the Revised Code. At the end of 2,420
the period, the board shall reconsider whether the program meets 2,421
the standards and shall grant full approval if it does. If it 2,423
does not, the board may withdraw approval, pursuant to a hearing 2,424
under Chapter 119. of the Revised Code. 2,425
(8) Approve continuing nursing education programs and 2,427
courses under standards established in rules adopted under 2,428
section 4723.07 of the Revised Code; 2,429
(9) Approve peer support programs for nurses under rules 2,431
adopted under section 4723.07 of the Revised Code; 2,432
(10) Establish the alternative program for chemically 2,434
dependent nurses in accordance with section 4723.35 of the 2,435
Revised Code;
(11) Issue and renew certificates of authority to practice 2,437
nursing as a certified registered nurse anesthetist, clinical 2,438
nurse specialist, certified nurse-midwife, or certified nurse 2,439
practitioner;
(12) Approve under section 4723.46 of the Revised Code 2,442
national certifying organizations for examination and 2,443
certification of certified registered nurse anesthetists, 2,444
clinical nurse specialists, certified nurse-midwives, or 2,445
certified nurse practitioners;
(13) ISSUE AND RENEW CERTIFICATES TO PRESCRIBE PURSUANT TO 2,447
56
SECTION 4723.48 OF THE REVISED CODE; 2,449
(14) GRANT APPROVAL TO PLANNED CLASSROOM AND CLINICAL 2,451
STUDY IN ADVANCED PHARMACOLOGY THAT MEETS THE REQUIREMENTS 2,453
ESTABLISHED IN RULES ADOPTED UNDER SECTION 4723.07 OF THE REVISED 2,454
CODE; 2,455
(15) PUBLISH ANNUALLY THE FORMULARY AND ANY SUPPLEMENTS TO 2,458
THE FORMULARY ESTABLISHED BY THE JOINT FORMULARY COMMITTEE UNDER 2,459
SECTION 4723.49 OF THE REVISED CODE; 2,460
(16) Make an annual report to the governor, which shall be 2,462
open for public inspection; 2,463
(14)(17) Maintain and have open for public inspection the 2,465
following records: 2,466
(a) A record of all its meetings and proceedings; 2,468
(b) A file of applicants for and holders of licenses, 2,470
registrations, and certificates granted under this chapter. The 2,471
file shall be maintained in the form prescribed by rule of the 2,472
board. 2,473
(c) A list of prelicensure nursing education programs 2,475
approved by the board; 2,476
(d) A list of approved peer support programs for nurses. 2,478
(B) The board may fulfill the requirement of division 2,480
(A)(8) of this section by authorizing persons who meet the 2,481
standards established in rules adopted under division (F) of 2,482
section 4723.07 of the Revised Code to approve continuing nursing 2,483
education programs and courses. Persons so authorized shall 2,484
approve continuing nursing education programs and courses in 2,485
accordance with standards established in rules adopted under 2,486
division (E) of section 4723.07 of the Revised Code. 2,487
Persons seeking authorization to approve continuing nursing 2,489
education programs and courses shall apply to the board and pay 2,490
the appropriate fee established under section 4723.08 of the 2,491
Revised Code. Authorizations to approve continuing nursing 2,492
education programs and courses shall expire at the end of the 2,493
two-year period beginning the date of issuance and may be renewed 2,494
57
by the board.
Sec. 4723.07. In accordance with Chapter 119. of the 2,503
Revised Code, the board of nursing shall adopt and may amend and 2,504
rescind rules: 2,505
(A) Providing for its government and control of its 2,507
actions and business affairs; 2,508
(B) Establishing minimum curricula and standards for 2,510
nursing education programs that prepare graduates to take 2,511
licensing examinations, and establishing procedures for granting, 2,512
renewing, and withdrawing approval of those programs; 2,514
(C) Establishing requirements that applicants for 2,516
licensure must meet to be permitted to take licensing 2,517
examinations; 2,518
(D) Governing the administration and conduct of 2,520
examinations for licensure to practice nursing as a registered 2,521
nurse or as a licensed practical nurse; 2,522
(E) Establishing standards for approval of continuing 2,524
nursing education programs and courses for registered nurses, 2,525
licensed practical nurses, certified registered nurse 2,526
anesthetists, clinical nurse specialists, certified 2,527
nurse-midwives, and certified nurse practitioners. The standards 2,528
may provide for approval of continuing nursing education programs 2,529
and courses that have been approved by other state boards of 2,530
nursing or by national accreditation systems for nursing, 2,531
including, but not limited to, the American nurses' credentialing 2,532
center and the national association for practical nurse education 2,533
and service.
(F) Establishing standards that persons must meet to be 2,535
authorized by the board to approve continuing nursing education 2,536
programs and courses and a schedule to have that authorization 2,537
renewed;
(G) Establishing requirements, including continuing 2,539
education requirements, for restoring inactive licenses and 2,540
licenses that have lapsed through failure to renew; 2,541
58
(H) Governing conditions that may be imposed for 2,543
reinstatement following action taken under sections 2301.373, 2,544
4723.28, and 4723.281 of the Revised Code resulting in a 2,545
suspension from practice; 2,547
(I) Establishing standards for approval of peer support 2,549
programs for nurses; 2,550
(J) Establishing requirements for board approval of 2,553
courses in medication administration by licensed practical 2,554
nurses;
(K) Establishing criteria for specialty certification of 2,556
registered nurses; 2,557
(L) Establishing criteria for evaluating the 2,559
qualifications of an applicant who is applying for a license by 2,561
endorsement to practice nursing as a registered nurse or licensed
practical nurse or for a certificate of authority issued under 2,562
division (E) of section 4723.41 of the Revised Code; 2,563
(M) Establishing universal blood and body fluid 2,565
precautions that shall be used by each person licensed under this 2,566
chapter who performs exposure-prone invasive procedures. The 2,567
rules shall define and establish requirements for universal blood 2,568
and body fluid precautions that include the following: 2,569
(1) Appropriate use of hand washing; 2,571
(2) Disinfection and sterilization of equipment; 2,573
(3) Handling and disposal of needles and other sharp 2,575
instruments; 2,576
(4) Wearing and disposal of gloves and other protective 2,578
garments and devices. 2,579
(N) Establishing standards and procedures for approving 2,582
certificates of authority to practice nursing as a certified
registered nurse anesthetist, clinical nurse specialist, 2,583
certified nurse-midwife, or certified nurse practitioner, and for 2,584
renewal of those certificates; 2,585
(O) Establishing quality assurance standards for certified 2,588
registered nurse anesthetists, clinical nurse specialists, 2,589
59
certified nurse-midwives, or certified nurse practitioners;
(P) Establishing additional criteria for the standard care 2,592
arrangement required by section 4723.431 of the Revised Code 2,593
entered into by a clinical nurse specialist, certified 2,594
nurse-midwife, or certified nurse practitioner and the nurse's 2,595
collaborating physician or podiatrist; 2,596
(Q) Establishing continuing education standards for 2,599
clinical nurse specialists who are exempt under division (C) of 2,600
section 4723.41 of the Revised Code from the requirement of 2,601
having passed a certification examination;
(R) ESTABLISHING STANDARDS AND PROCEDURES FOR ISSUANCE AND 2,604
RENEWAL OF A CERTIFICATE TO PRESCRIBE DRUGS AND THERAPEUTIC 2,605
DEVICES UNDER SECTION 4723.48 OF THE REVISED CODE; 2,607
(S) SPECIFYING INFORMATION THE BOARD MAY REQUIRE UNDER 2,610
DIVISION (C)(5) OR (E)(3) OF SECTION 4723.48 OF THE REVISED CODE; 2,614
(T) ESTABLISHING REQUIREMENTS FOR BOARD APPROVAL OF 2,617
PLANNED CLASSROOM AND CLINICAL STUDY IN ADVANCED PHARMACOLOGY 2,618
UNDER SECTION 4723.48 OF THE REVISED CODE. 2,621
Subject to Chapter 119. of the Revised Code, the board may 2,623
adopt other rules necessary to carry out the provisions of this 2,624
chapter. 2,625
Sec. 4723.08. (A) The board of nursing may impose fees 2,634
not to exceed the following limits: 2,635
(1) For application for licensure by examination to 2,637
practice nursing as a registered nurse or as a licensed practical 2,638
nurse, fifty dollars; 2,639
(2) For application for licensure by endorsement to 2,641
practice nursing as a registered nurse or as a licensed practical 2,642
nurse, fifty dollars; 2,643
(3) For application for a certificate of authority to 2,645
practice nursing as a certified registered nurse anesthetist, 2,646
clinical nurse specialist, certified nurse-midwife, or certified 2,648
nurse practitioner, one hundred dollars; 2,649
(4) FOR APPLICATION FOR A CERTIFICATE TO PRESCRIBE DRUGS 2,651
60
AND THERAPEUTIC DEVICES, FIFTY DOLLARS; 2,652
(5) For verification of a license or certificate to 2,654
another jurisdiction, fifteen dollars; 2,656
(5)(6) For providing a replacement copy of a license or 2,658
certificate, fifteen dollars; 2,659
(6)(7) For biennial renewal of any license, thirty-five 2,661
dollars; 2,662
(7)(8) For biennial renewal of a certificate of authority 2,664
to practice nursing as a certified registered nurse anesthetist, 2,666
clinical nurse specialist, certified nurse-midwife, or certified 2,668
nurse practitioner, one hundred dollars;
(8)(9) FOR BIENNIAL RENEWAL OF A CERTIFICATE TO PRESCRIBE 2,670
DRUGS AND THERAPEUTIC DEVICES, FIFTY DOLLARS; 2,671
(10) For processing a late application for renewal of any 2,673
license or certificate, fifty dollars; 2,674
(9)(11) For application for authorization to approve 2,676
continuing nursing education programs and courses from an 2,677
applicant accredited by a national accreditation system for 2,678
nursing, five hundred dollars; 2,679
(10)(12) For application for authorization to approve 2,681
continuing nursing education programs and courses from an 2,682
applicant not accredited by a national accreditation system for 2,683
nursing, one thousand dollars; 2,684
(11)(13) For biennial renewal of authorization to approve 2,686
continuing nursing education programs and courses, three hundred 2,688
dollars;
(12)(14) For written verification of a license or 2,690
certificate, other than verification to another jurisdiction, 2,692
five dollars. The board may contract for services pertaining to 2,693
this verification process and the collection of the fee, and may 2,694
permit the contractor to retain a portion of the fees as 2,695
compensation, before any amounts are deposited into the state 2,696
treasury. 2,697
(B) Each quarter, the board of nursing shall certify to 2,699
61
the director of budget and management the number of biennial 2,700
licenses renewed under this chapter during the preceding quarter 2,701
and the amount equal to that number times five dollars. 2,702
Sec. 4723.151. Medical diagnosis, prescription of medical 2,711
measures, and the practice of medicine or surgery or any of its 2,712
branches by a nurse are prohibited. 2,713
Nothing in this section prohibits a certified registered 2,715
nurse anesthetist, clinical nurse specialist, certified 2,716
nurse-midwife, or certified nurse practitioner from practicing 2,717
within the nurse's scope of practice in accordance with section 2,718
4723.43 of the Revised Code. NOTHING IN THIS SECTION PROHIBITS A 2,719
CLINICAL NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED 2,720
NURSE PRACTITIONER FROM PRESCRIBING DRUGS AND THERAPEUTIC DEVICES 2,722
IN ACCORDANCE WITH SECTION 4723.48 OF THE REVISED CODE.
NOTWITHSTANDING THE TWO IMMEDIATE PRECEDING SENTENCES, NOTHING IN 2,724
THIS CHAPTER SHALL BE CONSTRUED AS AUTHORIZING ANY NURSE TO 2,725
PRESCRIBE ANY DRUG OR DEVICE TO PERFORM OR INDUCE AN ABORTION, OR 2,726
TO OTHERWISE PERFORM OR INDUCE AN ABORTION. 2,727
Sec. 4723.28. As used in this section, "dangerous drug" 2,736
and "prescription" have the same meanings as in section 4729.01 2,738
of the Revised Code.
(A) The board of nursing, pursuant to an adjudication 2,740
conducted under Chapter 119. of the Revised Code and by a vote of 2,741
a quorum, may revoke or may refuse to grant a license or 2,742
certificate to a person found by the board to have committed 2,744
fraud in passing the examination or to have committed fraud, 2,745
misrepresentation, or deception in applying for or securing any 2,746
license or certificate issued by the board. 2,748
(B) The board of nursing, pursuant to an adjudication 2,750
conducted under Chapter 119. of the Revised Code and by a vote of 2,751
a quorum, may impose one or more of the following sanctions: 2,752
deny, revoke permanently, suspend, or place restrictions on any 2,753
license or certificate issued by the board; reprimand or 2,755
otherwise discipline a holder of a license or certificate; or 2,756
62
impose a fine of not more than five hundred dollars per 2,758
violation. The sanctions may be imposed for any of the
following: 2,759
(1) Denial, revocation, suspension, or restriction of a 2,761
license to practice nursing, for any reason other than a failure 2,762
to renew, in another state or jurisdiction; or denial, 2,763
revocation, suspension, or restriction of a license to practice a 2,764
health care occupation other than nursing, for any reason other 2,765
than a failure to renew, in Ohio or another state or 2,766
jurisdiction;
(2) Engaging in the practice of nursing, having failed to 2,768
renew a license issued under this chapter, or while a license is 2,769
under suspension; 2,770
(3) Conviction of, a plea of guilty to, or a judicial 2,772
finding of guilt of a misdemeanor committed in the course of 2,773
practice; 2,774
(4) Conviction of, a plea of guilty to, or a judicial 2,776
finding of guilt of any felony or of any crime involving gross 2,777
immorality or moral turpitude; 2,778
(5) Selling, giving away, or administering drugs for other 2,780
than legal and legitimate therapeutic purposes; or conviction of, 2,781
a plea of guilty to, or a judicial finding of guilt of violating 2,782
any municipal, state, county, or federal drug law; 2,783
(6) Conviction of, a plea of guilty to, or a judicial 2,785
finding of guilt of an act in another jurisdiction that would 2,786
constitute a felony or a crime of moral turpitude in Ohio; 2,787
(7) Conviction of, a plea of guilty to, or a judicial 2,789
finding of guilt of an act in the course of practice in another 2,790
jurisdiction that would constitute a misdemeanor in Ohio; 2,791
(8) Self-administering or otherwise taking into the body 2,793
any dangerous drug in any way not in accordance with a legal, 2,794
valid prescription; 2,795
(9) Habitual indulgence in the use of controlled 2,797
substances, other habit-forming drugs, or alcohol or other 2,798
63
chemical substances to an extent that impairs ability to 2,799
practice; 2,800
(10) Impairment of the ability to practice according to 2,802
acceptable and prevailing standards of safe nursing care because 2,803
of habitual or excessive use of drugs, alcohol, or other chemical 2,806
substances that impair the ability to practice; 2,807
(11) Impairment of the ability to practice according to 2,809
acceptable and prevailing standards of safe nursing care because 2,810
of a physical or mental disability; 2,811
(12) Assaulting or causing harm to a patient or depriving 2,813
a patient of the means to summon assistance; 2,814
(13) Obtaining or attempting to obtain money or anything 2,816
of value by intentional misrepresentation or material deception 2,817
in the course of practice; 2,818
(14) Adjudication by a probate court that the license 2,820
applicant or license holder is mentally ill or mentally 2,821
incompetent. The board may restore the license upon adjudication 2,822
by a probate court of the person's restoration to competency or 2,823
upon submission to the board of other proof of competency. 2,824
(15) The suspension or termination of employment by the 2,826
department of defense or the veterans administration of the 2,827
United States for any act that violates or would violate this 2,828
chapter; 2,829
(16) Violation of this chapter or any rules adopted under 2,831
it; 2,832
(17) Violation of any restrictions placed on a license by 2,834
the board; 2,835
(18) Failure to use universal blood and body fluid 2,837
precautions established by rules adopted under section 4723.07 of 2,838
the Revised Code; 2,839
(19) Failure to practice in accordance with acceptable and 2,842
prevailing standards of safe nursing care; 2,843
(20) In the case of a registered nurse, engaging in 2,845
activities that exceed the practice of nursing as a registered 2,846
64
nurse under section 4723.02 of the Revised Code; 2,847
(21) In the case of a licensed practical nurse, engaging 2,849
in activities that exceed the practice of nursing as a licensed 2,850
practical nurse under section 4723.02 of the Revised Code; 2,851
(22) Aiding and abetting in the unlicensed practice of 2,853
nursing; 2,854
(23) In the case of a certified registered nurse 2,856
anesthetist, clinical nurse specialist, certified nurse-midwife, 2,858
or certified nurse practitioner, or a registered nurse approved 2,859
as an advanced practice nurse under section 4723.55 of the 2,860
Revised Code, either of the following: 2,861
(a) Waiving the payment of all or any part of a deductible 2,863
or copayment that a patient, pursuant to a health insurance or 2,864
health care policy, contract, or plan that covers such nursing 2,865
services, would otherwise be required to pay if the waiver is 2,866
used as an enticement to a patient or group of patients to 2,867
receive health care services from that provider; 2,868
(b) Advertising that the nurse will waive the payment of 2,870
all or any part of a deductible or copayment that a patient, 2,871
pursuant to a health insurance or health care policy, contract, 2,872
or plan that covers such nursing services, would otherwise be 2,873
required to pay. 2,874
(24) Failure to comply with the terms and conditions of 2,876
participation in the alternative program for chemically dependent 2,878
nurses created by section 4723.35 of the Revised Code; 2,879
(25) In the case of a certified registered nurse 2,881
anesthetist, clinical nurse specialist, certified nurse-midwife, 2,882
or certified nurse practitioner: 2,883
(a) Engaging in activities that exceed those permitted for 2,886
the nurse's nursing specialty under section 4723.43 of the
Revised Code; 2,887
(b) Failure to meet the quality assurance standards 2,889
established under section 4723.07 of the Revised Code. 2,891
(26) In the case of a clinical nurse specialist, certified 2,893
65
nurse-midwife, or certified nurse practitioner, failure to 2,894
maintain a standard care arrangement in accordance with section 2,895
4723.431 of the Revised Code or to practice in accordance with 2,896
the standard care arrangement; 2,897
(27) IN THE CASE OF A CLINICAL NURSE SPECIALIST, CERTIFIED 2,900
NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER WHO HOLDS A 2,901
CERTIFICATE TO PRESCRIBE UNDER SECTION 4723.48 OF THE REVISED 2,904
CODE:
(a) FAILURE TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES IN 2,907
ACCORDANCE WITH THE FORMULARY ESTABLISHED UNDER SECTION 4723.49 2,908
OF THE REVISED CODE; 2,910
(b) PRESCRIBING, DISPENSING, OR ADMINISTERING DRUGS AND 2,913
THERAPEUTIC DEVICES FOR OTHER THAN LEGAL AND LEGITIMATE 2,914
THERAPEUTIC PURPOSES.
(28) PRESCRIBING ANY DRUG OR DEVICE TO PERFORM OR INDUCE 2,917
AN ABORTION, OR OTHERWISE PERFORMING OR INDUCING AN ABORTION; 2,918
(29) FAILURE TO RETURN TO THE BOARD A LICENSE OR 2,920
CERTIFICATE ISSUED UNDER THIS CHAPTER THAT HAS LAPSED OR BEEN 2,921
SUSPENDED OR REVOKED. 2,922
(C) If a criminal action is brought against a license 2,924
holder for an act or crime described in divisions (B)(3) to (7) 2,925
of this section and the action is dismissed by the trial court 2,926
other than on the merits, the board shall hold an adjudication 2,928
hearing to determine whether the license holder committed the act
on which the action was based. If the board determines on the 2,929
basis of the hearing that the license holder committed the act, 2,930
or if the license holder fails to participate in the hearing, the 2,931
board may take action as though the license holder had been 2,932
convicted of the act. 2,933
If the board takes action on the basis of a conviction, 2,935
plea of guilty, or a judicial determination of guilt as described 2,936
in divisions (B)(3) to (7) of this section that is overturned on 2,937
appeal, the license holder may, on exhaustion of the appeal 2,938
process, petition the board for reconsideration of its action. 2,939
66
On receipt of the petition and supporting court documents, the 2,940
board shall temporarily rescind its action. If the board 2,941
determines that the decision on appeal was a decision on the 2,942
merits, it shall permanently rescind its action. If the board 2,943
determines that the decision on appeal was not a decision on the 2,944
merits, it shall hold an adjudicatory hearing to determine 2,945
whether the license holder committed the act on which the 2,946
original conviction, plea, or judicial determination was based. 2,947
If the board determines on the basis of the hearing that the 2,948
license holder committed such act, or if the license holder does 2,949
not request a hearing, the board shall reinstate its action; 2,950
otherwise, the board shall permanently rescind its action. 2,951
Notwithstanding the provision of division (C)(2) of section 2,953
2953.32 of the Revised Code specifying that if records pertaining 2,954
to a criminal case are sealed under that section the proceedings 2,955
in the case shall be deemed not to have occurred, sealing of the 2,956
records of a conviction on which the board has based an action 2,957
under this section shall have no effect on the board's action or 2,958
any sanction imposed by the board under this section. 2,959
(D) In enforcing division (B) of this section, the board 2,961
may compel any individual licensed by this chapter or who has 2,962
applied for licensure to submit to a mental or physical 2,963
examination, or both, as required by the board and at the expense 2,964
of the individual. Failure of any individual to submit to a 2,965
mental or physical examination when directed constitutes an 2,966
admission of the allegations, unless the failure is due to 2,967
circumstances beyond the individual's control, and a default and 2,968
final order may be entered without the taking of testimony or 2,969
presentation of evidence. If the board finds that an individual 2,970
is impaired, the board shall require the individual to submit to 2,971
care, counseling, or treatment approved or designated by the 2,972
board, as a condition for initial, continued, reinstated, or 2,973
renewed licensure to practice. The individual shall be afforded 2,974
an opportunity to demonstrate to the board that the individual 2,975
67
can resume the individual's occupation in compliance with 2,977
acceptable and prevailing standards under the provisions of the 2,979
individual's license. For the purpose of this section, any 2,981
individual who is licensed by this chapter or makes application 2,982
for licensure shall be deemed to have given consent to submit to 2,983
a mental or physical examination when directed to do so in 2,984
writing by the board, and to have waived all objections to the 2,985
admissibility of testimony or examination reports that constitute 2,986
a privileged communication.
(E) The board shall investigate evidence that appears to 2,988
show that any person has violated any provision of this chapter 2,989
or any rule of the board. Any person may report to the board any 2,990
information the person may have that appears to show a violation 2,991
of any provision of this chapter or rule of the board. In the 2,992
absence of bad faith, any person who reports such information or 2,993
who testifies before the board in any adjudication conducted 2,995
under Chapter 119. of the Revised Code shall not be liable for 2,996
civil damages as a result of the report or testimony.
Information received by the board pursuant to an 2,998
investigation is confidential and not subject to discovery in any 2,999
civil action, except that the board may disclose information to 3,000
law enforcement officers and government entities investigating a 3,001
person licensed by the board. No law enforcement officer or 3,002
government entity with knowledge of any information disclosed by 3,003
the board pursuant to this division shall divulge the information 3,004
to any other person or government entity except for the purpose 3,005
of an adjudication by a court or licensing or registration board 3,006
or officer to which the person to whom the information relates is
a party. 3,007
If the investigation requires a review of patient records, 3,009
the investigation and proceeding shall be conducted in such a 3,010
manner as to protect patient confidentiality. 3,011
All hearings and investigations of the board shall be 3,013
considered civil actions for the purposes of section 2305.251 of 3,014
68
the Revised Code. 3,015
The hearings of the board shall be conducted in accordance 3,017
with Chapter 119. of the Revised Code. The board may appoint a 3,018
hearing examiner as provided in section 119.09 to conduct any 3,019
hearing the board is empowered to hold under Chapter 119. of the 3,020
Revised Code. 3,021
In the absence of fraud or bad faith, neither the board nor 3,023
any current or former members, agents, representatives, or 3,024
employees of the board shall be held liable in damages to any 3,025
person as the result of any act, omission, proceeding, conduct, 3,026
or decision related to their official duties undertaken or 3,027
performed pursuant to this chapter. If a current or former 3,028
member, agent, representative, or employee requests the state to 3,029
defend the individual against any claim or action arising out of 3,030
any act, omission, proceeding, conduct, or decision related to 3,032
the individual's official duties, if the request is made in 3,034
writing at a reasonable time before trial, and if the individual 3,035
requesting defense cooperates in good faith in the defense of the 3,036
claim or action, the state shall provide and pay for such defense 3,037
and shall pay any resulting judgment, compromise, or settlement. 3,038
At no time shall the state pay that part of a claim or judgment 3,039
that is for punitive or exemplary damages. 3,040
(F) Any action taken by the board under this section 3,042
resulting in a suspension from practice shall be accompanied by a 3,043
written statement of the conditions under which the person may be 3,044
reinstated to practice. 3,045
(G) No unilateral surrender of a license issued under this 3,047
chapter shall be effective unless accepted by majority vote of 3,048
the board. No application for a license issued under this 3,049
chapter may be withdrawn without a majority vote of the board. 3,050
(H) Notwithstanding division (B)(23) of this section, 3,052
sanctions shall not be imposed against any licensee who waives 3,053
deductibles and copayments: 3,054
(1) In compliance with the health benefit plan that 3,056
69
expressly allows such a practice. Waiver of the deductibles or 3,057
copayments shall be made only with the full knowledge and consent 3,058
of the plan purchaser, payer, and third-party administrator. The 3,059
consent shall be made available to the board upon request. 3,060
(2) For professional services rendered to any other person 3,062
licensed pursuant to this chapter to the extent allowed by this 3,063
chapter and the rules of the board. 3,064
(I) THE HOLDER OF A LICENSE OR CERTIFICATE ISSUED UNDER 3,066
THIS CHAPTER SHALL RETURN TO THE BOARD A LICENSE OR CERTIFICATE 3,067
THAT HAS LAPSED OR BEEN SUSPENDED OR REVOKED. 3,068
Sec. 4723.42. (A) If the applicant for authorization to 3,077
practice nursing as a certified registered nurse anesthetist, 3,079
clinical nurse specialist, certified nurse-midwife, or certified 3,082
nurse practitioner has met all the requirements of section 3,084
4723.41 of the Revised Code and has paid the fee required by 3,086
section 4723.08 of the Revised Code, the board of nursing shall 3,087
issue its certificate of authority to practice nursing as a 3,089
certified registered nurse anesthetist, clinical nurse 3,090
specialist, certified nurse-midwife, or certified nurse 3,092
practitioner, which shall designate the nursing specialty the 3,094
nurse is authorized to practice. The certificate entitles its 3,095
holder to practice nursing in the specialty designated on the 3,096
certificate.
The board shall issue or deny its certificate not later 3,099
than sixty days after receiving all of the documents required by 3,100
section 4723.41 of the Revised Code. Not later than fifteen days 3,102
after receipt of an application, the board shall provide the 3,103
applicant with written notice, by mail, of any required documents 3,104
that remain to be submitted. 3,105
If an applicant is under investigation for a violation of 3,108
this chapter, the board shall conclude the investigation not 3,109
later than ninety days after receipt of all required documents, 3,110
unless this ninety-day period is extended by written consent of 3,111
the applicant, or unless the board determines that a substantial 3,113
70
question of such a violation exists and the board has notified 3,114
the applicant in writing of the reasons for the continuation of 3,115
the investigation. If the board determines that the applicant 3,116
has not violated this chapter, it shall issue a certificate not 3,117
later than forty-five days after making that determination. 3,120
(B) Authorization to practice nursing as a certified 3,123
registered nurse anesthetist, clinical nurse specialist, 3,125
certified nurse-midwife, or certified nurse practitioner shall be 3,127
renewed biennially according to rules and a schedule adopted by 3,129
the board. Before a date specified by the board, the board shall 3,131
mail an application for renewal of a certificate of authority to 3,132
each certificate holder at the last known address of the holder. 3,135
Failure of the holder to receive an application for renewal from 3,136
the board does not excuse the holder from the requirements of 3,137
section 4723.44 of the Revised Code. Not later than the date 3,138
specified by the board, the holder shall complete the renewal 3,140
form and return it to the board with all of the following: 3,141
(1) The renewal fee required by section 4723.08 of the 3,143
Revised Code; 3,144
(2) Except as provided in division (C) of this section, 3,147
documentation satisfactory to the board that the holder has 3,148
maintained certification in the nursing specialty with a national 3,149
certifying organization listed in division (A)(3) of section 3,151
4723.41 of the Revised Code or approved by the board under 3,152
section 4723.46 of the Revised Code; 3,153
(3) A list of the names and business addresses of the 3,155
holder's current collaborating physicians and podiatrists, if the 3,156
holder is a clinical nurse specialist, certified nurse-midwife, 3,157
or certified nurse practitioner;
(4) If the holder's certificate was issued under division 3,160
(C) of section 4723.41 of the Revised Code, evidence that the 3,161
holder has completed continuing education for a clinical nurse 3,162
specialist as required by rule of the board; 3,163
(5) If the holder's certificate was issued under division 3,166
71
(D) of section 4723.41 of the Revised Code, verification of 3,167
continued employment by a public agency or a private, nonprofit 3,168
entity that receives funding under Title X of the "Public Health 3,170
Service Act," 42 U.S.C. 300 and 300a-1 (1991). 3,172
On receipt of the renewal application, fees, and documents, 3,175
the board shall verify that the applicant holds a current license 3,177
to practice nursing as a registered nurse in this state, and, if 3,179
it so verifies, shall renew the certificate. If an applicant 3,180
submits the completed renewal application after the date 3,181
specified in the board's schedule, but before the expiration of 3,182
the certificate, the board shall grant a renewal when the late 3,183
renewal fee required by section 4723.08 of the Revised Code is 3,184
paid.
An applicant for reinstatement of an expired certificate 3,187
shall submit the renewal fee and the late renewal fee required by 3,190
section 4723.08 of the Revised Code. Any holder of a certificate 3,191
who desires inactive status shall give the board written notice 3,192
to that effect.
(C) The board shall renew a certificate of authority to 3,195
practice nursing as a clinical nurse specialist issued pursuant 3,196
to division (C) of section 4723.41 of the Revised Code, if the 3,198
certificate holder complies with all renewal requirements of this 3,199
section other than the requirement of having maintained 3,200
certification in the holder's nursing specialty. 3,201
Sec. 4723.43. A certified registered nurse anesthetist, 3,211
clinical nurse specialist, certified nurse-midwife, or certified 3,212
nurse practitioner may provide to individuals and groups nursing 3,214
care that requires knowledge and skill obtained from advanced 3,215
formal education and clinical experience.
(A) A nurse authorized to practice as a certified 3,218
nurse-midwife, in collaboration with physicians, may provide the 3,219
management of preventive services and those primary care services 3,220
necessary to provide health care to women antepartally, 3,221
intrapartally, postpartally, and gynecologically, consistent with 3,222
72
the nurse's education and certification, and in accordance with 3,223
rules adopted by the board.
No certified nurse-midwife may perform version, deliver 3,226
breech or face presentation, use forceps, do any obstetric 3,227
operation, or treat any other abnormal condition, except in 3,228
emergencies. Division (A) of this section does not prohibit a 3,230
certified nurse-midwife from performing episiotomies or normal 3,231
vaginal deliveries, or repairing vaginal tears. A CERTIFIED 3,232
NURSE-MIDWIFE WHO HOLDS A CERTIFICATE TO PRESCRIBE ISSUED UNDER 3,234
SECTION 4723.48 OF THE REVISED CODE MAY, IN COLLABORATION WITH A 3,237
PHYSICIAN, PRESCRIBE DRUGS AND THERAPEUTIC DEVICES IN ACCORDANCE 3,238
WITH THAT SECTION.
(B) A nurse authorized to practice as a certified 3,241
registered nurse anesthetist, with the supervision and in the 3,242
immediate presence of a physician, podiatrist, or dentist, may 3,243
administer anesthesia and perform anesthesia induction,
maintenance, and emergence, and may perform with supervision 3,244
preanesthetic preparation and evaluation, postanesthesia care, 3,245
and clinical support functions, consistent with the nurse's 3,247
education and certification, and in accordance with rules adopted 3,248
by the board. When A CERTIFIED REGISTERED NURSE ANESTHETIST IS 3,250
NOT REQUIRED TO OBTAIN A CERTIFICATE TO PRESCRIBE IN ORDER TO 3,251
PROVIDE THE ANESTHESIA CARE DESCRIBED IN THIS DIVISION. 3,252
A PHYSICIAN WHO IS SUPERVISING A CERTIFIED REGISTERED NURSE 3,255
ANESTHETIST MUST BE THE HOLDER OF A CERTIFICATE ISSUED UNDER 3,256
CHAPTER 4731. OF THE REVISED CODE AUTHORIZING THE PRACTICE OF 3,259
MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY AND BE 3,260
ACTIVELY ENGAGED IN THE PRACTICE OF MEDICINE IN THIS STATE. A
PODIATRIST WHO IS SUPERVISING A CERTIFIED REGISTERED NURSE 3,262
ANESTHETIST MUST BE THE HOLDER OF A CERTIFICATE ISSUED UNDER 3,263
CHAPTER 4731. OF THE REVISED CODE AUTHORIZING THE PRACTICE OF 3,266
PODIATRY AND BE ACTIVELY ENGAGED IN THE PRACTICE OF PRODIATRY IN
THIS STATE. A DENTIST WHO IS SUPERVISING A CERTIFIED REGISTERED 3,268
NURSE ANESTHETIST MUST BE LICENSED UNDER CHAPTER 4715. OF THE 3,270
73
REVISED CODE TO PRACTICE DENTISTRY AND BE ACTIVELY ENGAGED IN THE 3,272
PRACTICE OF DENTISTRY IN THIS STATE.
WHEN a certified registered nurse anesthetist is supervised 3,275
by a podiatrist, the nurse's scope of practice is limited to the 3,276
anesthesia procedures that the podiatrist has the authority under 3,277
section 4731.51 of the Revised Code to perform. A certified 3,278
registered nurse anesthetist may not administer general 3,279
anesthesia under the supervision of a podiatrist in a
podiatrist's office. When a certified registered nurse 3,280
anesthetist is supervised by a dentist, the nurse's scope of 3,282
practice is limited to the anesthesia procedures that the dentist
has the authority under Chapter 4715. of the Revised Code to 3,284
perform.
(C) A nurse authorized to practice as a certified nurse 3,286
practitioner, in collaboration with physicians or podiatrists, 3,287
may provide preventive and primary care services and evaluate and 3,289
promote patient wellness within the nurse's nursing specialty,
consistent with the nurse's education and certification, and in 3,290
accordance with rules adopted by the board. When A CERTIFIED 3,292
NURSE PRACTITIONER WHO HOLDS A CERTIFICATE TO PRESCRIBE ISSUED 3,293
UNDER SECTION 4723.48 OF THE REVISED CODE MAY, IN COLLABORATION 3,295
WITH A PHYSICIAN OR PODIATRIST, PRESCRIBE DRUGS AND THERAPEUTIC 3,296
DEVICES IN ACCORDANCE WITH THAT SECTION. 3,297
WHEN a certified nurse practitioner is collaborating with a 3,300
podiatrist, the nurse's scope of practice is limited to the 3,301
procedures that the podiatrist has the authority under section 3,302
4731.51 of the Revised Code to perform. 3,303
(D) A nurse authorized to practice as a clinical nurse 3,306
specialist, in collaboration with physicians or podiatrists, may 3,307
provide and manage the care of individuals and groups with 3,308
complex health problems and provide health care services that 3,309
promote, improve, and manage health care within the nurse's 3,310
nursing specialty, consistent with the nurse's education and in 3,311
accordance with rules adopted by the board. When A CLINICAL 3,312
74
NURSE SPECIALIST WHO HOLDS A CERTIFICATE TO PRESCRIBE ISSUED 3,313
UNDER SECTION 4723.48 OF THE REVISED CODE MAY, IN COLLABORATION 3,315
WITH A PHYSICIAN OR PODIATRIST, PRESCRIBE DRUGS AND THERAPEUTIC 3,316
DEVICES IN ACCORDANCE WITH THAT SECTION. 3,317
WHEN a clinical nurse specialist is collaborating with a 3,319
podiatrist, the nurse's scope of practice is limited to the 3,320
procedures that the podiatrist has the authority under section 3,321
4731.51 of the Revised Code to perform. 3,322
Sec. 4723.431. (A) Except as provided in division (C) of 3,332
this section, a clinical nurse specialist, certified 3,333
nurse-midwife, or certified nurse practitioner may practice only 3,334
in accordance with a standard care arrangement entered into with
one or more collaborating physicians or podiatrists whose 3,335
practice is the same as or similar to the nurse's nursing 3,336
specialty. A PHYSICIAN OR PODIATRIST WHO IS COLLABORATING WITH A 3,337
CLINICAL NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED 3,338
NURSE PRACTITIONER MUST BE THE HOLDER OF A CERTIFICATE ISSUED 3,339
UNDER CHAPTER 4731. OF THE REVISED CODE AUTHORIZING THE PRACTICE 3,343
OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR 3,344
PODIATRY AND BE ACTIVELY ENGAGED IN THE PRACTICE OF MEDICINE OR 3,345
PODIATRY IN THIS STATE. The standard care arrangement shall be 3,348
in writing and contain all of the following:
(1) Criteria for referral of a patient by the clinical 3,350
nurse specialist, certified nurse-midwife, or certified nurse 3,351
practitioner to a collaborating physician or podiatrist; 3,352
(2) A process for the clinical nurse specialist, certified 3,354
nurse-midwife, or certified nurse practitioner to obtain a 3,355
consultation with the physician or podiatrist; 3,356
(3) A plan for coverage in instances of emergency or 3,358
planned absences of either the clinical nurse specialist, 3,359
certified nurse-midwife, or certified nurse practitioner or the 3,360
collaborating physician or podiatrist that provides the means 3,361
whereby a physician or podiatrist is available for emergency
care; 3,362
75
(4) The process for resolution of disagreements regarding 3,364
matters of patient management between the clinical nurse 3,365
specialist, certified nurse-midwife, or certified nurse 3,366
practitioner and the collaborating physician or podiatrist; 3,367
(5) A procedure for a regular review of the referrals by 3,369
the clinical nurse specialist, certified nurse-midwife, or 3,370
certified nurse practitioner to other health care professionals 3,371
and the care outcomes for a random sample of all patients seen by 3,372
the nurse;
(6) If the clinical nurse specialist or certified nurse 3,375
practitioner regularly provides services to infants, a policy for 3,376
care of infants up to age one and recommendations for
collaborating physician visits for children from birth to age 3,377
three;
(7) IN THE CASE OF A CLINICAL NURSE SPECIALIST, CERTIFIED 3,379
NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER WHO HOLDS A 3,380
CERTIFICATE TO PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE 3,381
REVISED CODE, A REQUIREMENT THAT THE COLLABORATING PHYSICIAN OR 3,383
PODIATRIST COLLABORATE WITH NO MORE THAN THREE NURSES WHO HOLD 3,384
CERTIFICATES TO PRESCRIBE AT A TIME. DIVISION (A)(7) OF THIS 3,385
SECTION DOES NOT PROHIBIT A PHYSICIAN OR PODIATRIST FROM ENTERING 3,386
INTO A STANDARD CARE ARRANGEMENT WITH MORE THAN THREE NURSES WHO 3,388
HOLD CERTIFICATES TO PRESCRIBE.
(8) Any other criteria required by rule of the board JOINT 3,390
FORMULARY COMMITTEE adopted pursuant to section 4723.07 4723.49 3,393
of the Revised Code. 3,394
(B) The standard care arrangement shall be retained on 3,397
file at the site where the clinical nurse specialist, certified
nurse-midwife, or certified nurse practitioner practices by the 3,398
nurse and the collaborating physician or podiatrist. Prior 3,399
approval of the standard care arrangement by the board of nursing 3,400
is not required, but the board may periodically review it for 3,401
compliance with this section.
(C) A clinical nurse specialist whose nursing specialty is 3,404
76
mental health or psychiatric mental health, as determined by the 3,405
board, is not required to enter into a standard care arrangement
with a collaborating physician, but shall practice in 3,406
collaboration with physicians. 3,407
(D) Nothing in this section prohibits a hospital from 3,409
hiring a clinical nurse specialist, certified nurse-midwife, or 3,410
certified nurse practitioner as an employee and negotiating 3,411
standard care arrangements on behalf of the employee as necessary 3,412
to meet the requirements of this section. A standard care 3,413
arrangement between the hospital's employee and the employee's
collaborating physician is subject to approval by the medical 3,414
staff and governing body of the hospital prior to implementation 3,415
of the arrangement at the hospital. 3,416
Sec. 4723.44. (A) No person shall do any of the following 3,426
unless the person holds a current, valid certificate of authority 3,429
to practice nursing as a certified registered nurse anesthetist, 3,430
clinical nurse specialist, certified nurse-midwife, or certified 3,431
nurse practitioner issued by the board of nursing under this 3,433
chapter:
(1) Engage in the practice of nursing as a certified 3,435
registered nurse anesthetist, clinical nurse specialist, 3,436
certified nurse-midwife, or certified nurse practitioner for a 3,437
fee, salary, or other consideration, or as a volunteer; 3,439
(2) Hold herself or himself ONESELF out as being a 3,441
certified registered nurse anesthetist, clinical nurse 3,443
specialist, certified nurse-midwife, or certified nurse 3,444
practitioner;
(3) Use any title or initials implying that the person is 3,446
a certified registered nurse anesthetist, clinical nurse 3,447
specialist, certified nurse-midwife, or certified nurse 3,448
practitioner.
(B) No person who is not certified by the national council 3,451
on certification of nurse anesthetists of the American 3,452
association of nurse anesthetists, the national council on 3,453
77
recertification of nurse anesthetists of the American association 3,454
of nurse anesthetists, or another national certifying 3,455
organization approved by the board under section 4723.46 of the 3,456
Revised Code shall use the title "certified registered nurse 3,458
anesthetist" or the initials "C.R.N.A.," or any other title or 3,460
initial implying that the person has been certified by the 3,461
council or organization. 3,462
(C) No certified registered nurse anesthetist, clinical 3,465
nurse specialist, certified nurse-midwife, or certified nurse
practitioner shall do any of the following: 3,467
(1) Engage, for a fee, salary, or other consideration, or 3,470
as a volunteer, in the practice of a nursing specialty other than 3,471
the specialty designated on the nurse's current, valid
certificate of authority issued by the board under this chapter; 3,472
(2) Hold herself or himself ONESELF out as being 3,474
authorized to practice any nursing specialty other than the 3,476
specialty designated on the current, valid certificate; 3,477
(3) Use the title "certified registered nurse anesthetist" 3,480
or the initials "N.A." or "C.R.N.A.," the title "clinical nurse
specialist" or the initials "C.N.S.," the title "certified 3,482
nurse-midwife" or the initials "C.N.M.," the title "certified 3,483
nurse practitioner" or the initials "C.N.P.," or any other title 3,485
or initials implying that the nurse is authorized to practice any 3,486
nursing specialty other than the specialty designated on the 3,487
nurse's current, valid certificate; 3,488
(4) Enter into a standard care arrangement with a 3,490
physician or podiatrist whose practice is not the same or similar 3,491
to the nurse's nursing specialty; 3,492
(5) PRESCRIBE DRUGS OR THERAPEUTIC DEVICES UNLESS THE 3,494
NURSE HOLDS A CURRENT, VALID CERTIFICATE TO PRESCRIBE ISSUED 3,495
UNDER SECTION 4723.48 OF THE REVISED CODE; 3,498
(6) IF THE NURSE HOLDS A CURRENT, VALID CERTIFICATE TO 3,500
PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE REVISED CODE, 3,503
PRESCRIBE DRUGS OR THERAPEUTIC DEVICES THAT ARE NOT LISTED ON THE 3,505
78
FORMULARY ESTABLISHED UNDER SECTION 4723.49 OF THE REVISED CODE; 3,507
(7) PRESCRIBE ANY DRUG OR DEVICE TO PERFORM OR INDUCE AN 3,509
ABORTION, OR OTHERWISE PERFORM OR INDUCE AN ABORTION. 3,510
(D) No person shall knowingly employ a person to engage in 3,513
the practice of nursing as a certified registered nurse 3,514
anesthetist, clinical nurse specialist, certified nurse-midwife,
or certified nurse practitioner unless the person so employed 3,515
holds a current, valid certificate of authority to engage in that 3,516
nursing specialty issued by the board under this chapter. 3,517
(E) A certificate certified by the executive director of 3,520
the board, under the official seal of the board, to the effect 3,521
that it appears from the records that no certificate of authority 3,522
to practice nursing as a certified registered nurse anesthetist, 3,524
clinical nurse specialist, certified nurse-midwife, or certified
nurse practitioner has been issued to any person specified 3,526
therein, or that a certificate, if issued, has been revoked or 3,527
suspended, shall be received as prima-facie evidence of the 3,528
record in any court or before any officer of the state. 3,529
Sec. 4723.47. (A) If a certified registered nurse 3,539
anesthetist's, clinical nurse specialist's, certified 3,540
nurse-midwife's, or certified nurse practitioner's license to 3,541
practice nursing as a registered nurse expires for failure to 3,542
renew under section 4723.24 of the Revised Code, the nurse's 3,543
certificate of authority to practice nursing as a certified 3,544
registered nurse anesthetist, clinical nurse specialist, 3,545
certified nurse-midwife, or certified nurse practitioner is 3,547
automatically suspended LAPSED until the license is reinstated. 3,548
If the license is revoked under section 4723.28 or 4723.281 of 3,549
the Revised Code, the nurse's certificate of authority is 3,550
automatically revoked. If the license is suspended under either 3,551
section, the nurse's certificate of authority is automatically 3,552
suspended while the license remains suspended. 3,553
(B) IF THE CERTIFICATE OF AUTHORITY OF A CLINICAL NURSE 3,556
SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED NURSE 3,557
79
PRACTITIONER TO PRACTICE NURSING AS A CLINICAL NURSE SPECIALIST, 3,558
CERTIFIED NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER EXPIRES 3,559
FOR FAILURE TO RENEW UNDER SECTION 4723.41 OF THE REVISED CODE, 3,562
THE NURSE'S CERTIFICATE TO PRESCRIBE DRUGS AND THERAPEUTIC 3,563
DEVICES IS LAPSED UNTIL THE CERTIFICATE OF AUTHORITY IS 3,564
REINSTATED. IF THE CERTIFICATE OF AUTHORITY BECOMES INACTIVE IN 3,565
ACCORDANCE WITH SECTION 4723.42 OF THE REVISED CODE, THE NURSE'S 3,568
CERTIFICATE TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES IS LAPSED 3,569
UNTIL THE CERTIFICATE OF AUTHORITY BECOMES ACTIVE. IF THE 3,572
CERTIFICATE OF AUTHORITY IS REVOKED UNDER SECTION 4723.28 OR
4723.281 OF THE REVISED CODE, THE NURSE'S CERTIFICATE TO 3,575
PRESCRIBE IS AUTOMATICALLY REVOKED. IF THE CERTIFICATE OF
AUTHORITY IS SUSPENDED UNDER EITHER SECTION, THE NURSE'S 3,576
CERTIFICATE TO PRESCRIBE IS AUTOMATICALLY SUSPENDED WHILE THE 3,577
CERTIFICATE OF AUTHORITY REMAINS SUSPENDED. IF A RESTRICTION IS 3,578
PLACED ON THE CERTIFICATE OF AUTHORITY UNDER SECTION 4723.28 OF 3,580
THE REVISED CODE, THE SAME RESTRICTION IS PLACED ON THE NURSE'S 3,583
CERTIFICATE TO PRESCRIBE WHILE THE CERTIFICATE OF AUTHORITY 3,584
REMAINS RESTRICTED.
Sec. 4723.48. (A) TO BE ELIGIBLE FOR A CERTIFICATE TO 3,587
PRESCRIBE DRUGS AND THERAPEUTIC DEVICES, A CLINICAL NURSE 3,588
SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED NURSE 3,589
PRACTITIONER MUST, WITHIN THE THREE-YEAR PERIOD PRIOR TO APPLYING 3,591
FOR THE CERTIFICATE, HAVE SUCCESSFULLY COMPLETED A COURSE OF 3,593
STUDY IN ADVANCED PHARMACOLOGY THAT CONSISTS OF PLANNED CLASSROOM 3,595
AND CLINICAL STUDY IN ADVANCED PHARMACOLOGY THAT MEETS THE COURSE 3,596
REQUIREMENTS OF DIVISION (B) OF THIS SECTION, INCLUDES A MINIMUM 3,597
OF THIRTY CONTACT HOURS OF TRAINING IN ADVANCED PHAMACOLOGY, AND 3,599
IS APPROVED BY THE BOARD OF NURSING PURSUANT TO RULES ADOPTED
UNDER SECTION 4723.07 OF THE REVISED CODE. 3,600
(B) THE COURSE OF STUDY IN ADVANCED PHARMACOLOGY REQUIRED 3,602
BY DIVISION (A) OF THIS SECTION MUST INCLUDE ALL OF THE 3,605
FOLLOWING:
(1) PHARMACOKINETIC PRINCIPLES AND CLINICAL APPLICATION; 3,607
80
(2) USE OF DRUGS AND THERAPEUTIC DEVICES IN THE PREVENTION 3,610
OF ILLNESS AND MAINTENANCE OF HEALTH;
(3) CONTENT SPECIFIC TO THE CLINICAL NURSE SPECIALIST'S, 3,613
CERTIFIED NURSE-MIDWIFE'S, OR CERTIFIED NURSE PRACTITIONER'S 3,614
NURSING SPECIALTY; 3,615
(4) THE FISCAL IMPLICATIONS OF PRESCRIBING DRUGS AND 3,617
THERAPEUTIC DEVICES; 3,619
(5) THE ETHICAL IMPLICATIONS OF PRESCRIBING DRUGS AND 3,621
THERAPEUTIC DEVICES; 3,622
(6) THE STATE AND FEDERAL LAWS REGULATING ALL ASPECTS OF 3,624
PHARMACOLOGY; 3,625
(7) ANY ADDITIONAL REQUIREMENT PROVIDED FOR PURSUANT TO 3,627
RULES ADOPTED BY THE BOARD UNDER SECTION 4723.07 OF THE REVISED 3,628
CODE.
(C) AN APPLICANT FOR A CERTIFICATE UNDER THIS SECTION 3,631
SHALL FILE WITH THE BOARD A WRITTEN APPLICATION THAT CONTAINS ALL 3,632
OF THE FOLLOWING:
(1) EVIDENCE THAT THE APPLICANT HOLDS A CURRENT, VALID 3,634
CERTIFICATE OF AUTHORITY TO PRACTICE AS A CLINICAL NURSE 3,636
SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED NURSE 3,637
PRACTITIONER ISSUED UNDER SECTION 4723.41 OF THE REVISED CODE; 3,639
(2) EVIDENCE OF HAVING SUCCESSFULLY COMPLETED THE ADVANCED 3,641
PHARMACOLOGY INSTRUCTION REQUIRED BY DIVISION (A) OF THIS 3,643
SECTION;
(3) ON A FORM APPROVED BY THE BOARD AND INCLUDED WITH THE 3,645
APPLICATION, A STATEMENT BY A PHYSICIAN WHO IS COLLABORATING WITH 3,646
THE APPLICANT ATTESTING THAT, AFTER SUCCESSFULLY COMPLETING THE 3,647
ADVANCED PHARMACOLOGY INSTRUCTION REQUIRED BY DIVISION (A) OF 3,648
THIS SECTION AND FOR A PERIOD OF NOT LESS THAN ONE YEAR, THE 3,649
APPLICANT HAS DEMONSTRATED COMPETENCE, KNOWLEDGE, AND SKILL IN 3,650
PHARMACOKINETIC PRINCIPLES AND THEIR CLINICAL APPLICATION TO THE 3,651
NURSE'S SPECIALTY CONSISTENT WITH THE INSTRUCTION REQUIRED BY 3,652
DIVISION (A) OF THIS SECTION; 3,653
(4) THE FEE REQUIRED BY SECTION 4723.08 OF THE REVISED 3,656
81
CODE FOR A CERTIFICATE TO PRESCRIBE; 3,657
(5) ANY ADDITIONAL INFORMATION THE BOARD REQUIRES PURSUANT 3,659
TO RULES ADOPTED UNDER SECTION 4723.07 OF THE REVISED CODE. 3,661
THE BOARD SHALL ISSUE A CERTIFICATE TO PRESCRIBE DRUGS AND 3,663
THERAPEUTIC DEVICES TO AN APPLICANT WHO MEETS THE REQUIREMENTS OF 3,665
THIS DIVISION.
(D)(1) THE BOARD MAY WAIVE THE REQUIREMENT THAT THE 3,667
ADVANCED PHARMACOLOGY INSTRUCTION REQUIRED BY DIVISION (A) OF 3,669
THIS SECTION HAS BEEN COMPLETED WITHIN THE THREE-YEAR PERIOD 3,670
PRIOR TO APPLICATION FOR A CERTIFICATE IF THE APPLICANT SUBMITS 3,671
TO THE BOARD EVIDENCE THAT THE APPLICANT IS AUTHORIZED TO 3,673
PRESCRIBE DRUGS AND THERAPEUTIC DEVICES IN ANOTHER JURISDICTION 3,674
AND HAS BEEN PRESCRIBING DRUGS AND THERAPEUTIC DEVICES UNDER THAT 3,676
AUTHORITY.
(2) THE BOARD MAY WAIVE THE REQUIREMENT DESCRIBED IN 3,678
DIVISION (C)(3) OF THIS SECTION IF A PHYSICIAN WHO COLLABORATES 3,680
WITH THE APPLICANT RECOMMENDS ON A FORM APPROVED BY THE BOARD 3,681
THAT THE APPLICANT BE GRANTED A CERTIFICATE UNDER THIS SECTION 3,682
AND ONE OF THE FOLLOWING APPLIES:
(a) AS OF THE EFFECTIVE DATE OF THIS SECTION, THE 3,684
APPLICANT HAS THREE CONSECUTIVE YEARS OF CLINICAL EXPERIENCE, 3,686
WITHIN THE FIVE-YEAR PERIOD PRIOR TO THE EFFECTIVE DATE OF THIS 3,687
SECTION, AS A REGISTERED NURSE PRACTICING IN THIS STATE AS A 3,688
CLINICAL NURSE SPECIALIST, NURSE-MIDWIFE, OR NURSE PRACTITIONER. 3,689
(b) THE APPLICANT SUBMITS TO THE BOARD EVIDENCE THAT THE 3,691
APPLICANT IS AUTHORIZED IN ANOTHER JURISDICTION TO PRESCRIBE 3,693
DRUGS AND THERAPEUTIC DEVICES AND HAS THREE CONSECUTIVE YEARS OF 3,694
CLINICAL EXPERIENCE, WITHIN THE FIVE-YEAR PERIOD PRECEDING THE 3,695
DATE AN APPLICATION IS FILED UNDER DIVISION (C) OF THIS SECTION, 3,696
AS A REGISTERED NURSE PRACTICING IN ANOTHER JURISDICTION AS A 3,697
CLINICAL NURSE SPECIALIST, NURSE-MIDWIFE, OR NURSE PRACTITIONER. 3,698
(E) A CERTIFICATE ISSUED UNDER THIS SECTION SHALL BE 3,701
RENEWED BIENNIALLY ACCORDING TO RULES AND A SCHEDULE ADOPTED BY 3,702
THE BOARD. THE BOARD MAY RENEW THE CERTIFICATE IF THE HOLDER 3,703
82
SUBMITS TO THE BOARD ALL OF THE FOLLOWING: 3,704
(1) EVIDENCE OF HAVING COMPLETED DURING THE PREVIOUS TWO 3,706
YEARS AT LEAST TWELVE HOURS OF CONTINUING EDUCATION IN ADVANCED 3,708
PHARMACOLOGY FROM AN ACCREDITED INSTITUTION RECOGNIZED BY THE
BOARD OR, IN THE CASE OF A CERTIFICATE TO PRESCRIBE THAT WAS 3,710
ISSUED FOR LESS THAN THE BIENNIAL RENEWAL PERIOD, EVIDENCE OF 3,711
HAVING COMPLETED THE NUMBER OF HOURS SPECIFIED BY THE BOARD IN 3,712
RULES ADOPTED UNDER DIVISION (R) OF SECTION 4723.07 OF THE 3,715
REVISED CODE; 3,716
(2) THE RENEWAL FEE REQUIRED BY SECTION 4723.08 OF THE 3,719
REVISED CODE;
(3) ANY ADDITIONAL INFORMATION THE BOARD REQUIRES PURSUANT 3,721
TO RULES ADOPTED UNDER SECTION 4723.07 OF THE REVISED CODE. 3,723
(F) EACH CLINICAL NURSE SPECIALIST, CERTIFIED 3,725
NURSE-MIDWIFE, AND CERTIFIED NURSE PRACTITIONER WHO HOLDS A 3,728
CERTIFICATE TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES SHALL 3,729
PRESCRIBE IN ACCORDANCE WITH THE FORMULARY ESTABLISHED UNDER 3,731
SECTION 4723.49 OF THE REVISED CODE. 3,732
(G) THE CONTINUING EDUCATION IN ADVANCED PHARMACOLOGY 3,734
REQUIRED BY THIS SECTION IS IN ADDITION TO ANY OTHER CONTINUING 3,735
EDUCATION REQUIRED UNDER THIS CHAPTER. 3,736
Sec. 4723.49. (A) THERE IS HEREBY CREATED THE JOINT 3,739
FORMULARY COMMITTEE CONSISTING OF THE FOLLOWING MEMBERS: 3,740
(1) A CERTIFIED NURSE-MIDWIFE; 3,742
(2) A CERTIFIED NURSE PRACTITIONER; 3,744
(3) A CLINICAL NURSE SPECIALIST; 3,746
(4) A MEMBER OF THE BOARD OF NURSING WHO IS A CERTIFIED 3,748
NURSE-MIDWIFE, CERTIFIED NURSE PRACTITIONER, OR CLINICAL NURSE 3,749
SPECIALIST;
(5) FOUR INDIVIDUALS WHO HOLD VALID CERTIFICATES ISSUED 3,751
UNDER CHAPTER 4731. OF THE REVISED CODE AUTHORIZING THE PRACTICE 3,753
OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR 3,755
PODIATRY, AT LEAST THREE OF WHOM ARE INDIVIDUALS WHO COLLABORATE
WITH CERTIFIED NURSE-MIDWIVES, CERTIFIED NURSE PRACTITIONERS, OR 3,757
83
CLINICAL NURSE SPECIALISTS; 3,758
(6) AN INDIVIDUAL WHO HOLDS A VALID IDENTIFICATION CARD 3,760
ISSUED UNDER CHAPTER 4729. OF THE REVISED CODE AUTHORIZING THE 3,762
PRACTICE OF PHARMACY.
(B) INITIAL APPOINTMENTS OF MEMBERS SHALL BE MADE NO LATER 3,765
THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION. THE 3,766
BOARD OF NURSING SHALL APPOINT THE MEMBERS DESCRIBED IN DIVISION 3,768
(A)(1) TO (4) OF THIS SECTION. THE STATE MEDICAL BOARD SHALL 3,769
APPOINT THE MEMBERS DESCRIBED IN DIVISION (A)(5) OF THIS SECTION. 3,770
THE STATE BOARD OF PHARMACY SHALL APPOINT THE MEMBER DESCRIBED IN 3,771
DIVISION (A)(6) OF THIS SECTION. ALL APPOINTMENTS SHALL BE BASED 3,773
ON RECOMMENDATIONS SUBMITTED UNDER DIVISION (E) OF THIS SECTION. 3,775
OF THE INITIAL APPOINTMENTS OF THE MEMBERS DESCRIBED IN DIVISIONS 3,776
(A)(1) TO (4) OF THIS SECTION, TWO SHALL BE FOR TERMS OF THREE 3,777
YEARS AND TWO SHALL BE FOR TERMS OF TWO YEARS. OF THE INITIAL 3,779
APPOINTMENTS OF THE MEMBERS DESCRIBED IN DIVISION (A)(5) OF THIS 3,780
SECTION, TWO SHALL BE FOR TERMS OF THREE YEARS AND TWO SHALL BE 3,781
FOR TERMS OF TWO YEARS. THE INITIAL APPOINTMENT OF THE MEMBER 3,782
DESCRIBED IN DIVISION (A)(6) OF THIS SECTION SHALL BE FOR THREE 3,784
YEARS. THEREAFTER, ALL APPOINTMENTS SHALL BE FOR TERMS OF THREE 3,785
YEARS, EACH TERM ENDING ON THE SAME DAY OF THE SAME MONTH OF THE 3,786
YEAR AS DID THE TERM THAT IT SUCCEEDS. WHEN THE TERM OF ANY 3,787
MEMBER EXPIRES, A SUCCESSOR SHALL BE APPOINTED WHO HAS THE 3,788
QUALIFICATIONS THE VACANCY REQUIRES. ANY MEMBER APPOINTED TO 3,789
FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION OF THE TERM FOR 3,790
WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE 3,791
FOR THE REMAINDER OF THAT TERM. A MEMBER SHALL CONTINUE IN 3,792
OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE MEMBER'S TERM 3,793
UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE, OR UNTIL A PERIOD OF 3,794
SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST. IF THE STATE 3,795
MEDICAL BOARD OR STATE BOARD OF PHARMACY FAILS TO APPOINT A 3,796
SUCCESSOR PRIOR TO THIRTY DAYS AFTER THE EXPIRATION OF THE TERM 3,797
FOR WHICH THE APPOINTMENT IS TO BE MADE, THE BOARD OF NURSING
SHALL APPOINT THE SUCCESSOR. NO MEMBER SHALL BE REAPPOINTED TO 3,798
84
THE COMMITTEE MORE THAN ONCE. 3,799
MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT SHALL RECEIVE 3,801
THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE 3,802
OF THEIR OFFICIAL DUTIES. 3,803
(C) THE COMMITTEE SHALL SELECT A CHAIRPERSON FROM THE 3,806
MEMBERS LISTED IN DIVISIONS (A)(1) TO (4) OF THIS SECTION OR FROM 3,808
THE MEMBERS DESCRIBED IN DIVISION (A)(5) OF THIS SECTION WHO ARE 3,809
COLLABORATING PHYSICIANS OR PODIATRISTS. THE COMMITTEE MAY 3,811
SELECT A NEW CHAIRPERSON AT ANY TIME. THE COMMITTEE SHALL MEET 3,812
AT INTERVALS AGREED TO BY ITS MEMBERS OR AT THE CALL OF THE 3,813
CHAIRPERSON. FIVE MEMBERS OF THE COMMITTEE SHALL CONSTITUTE A 3,815
QUORUM. THE COMMITTEE SHALL ESTABLISH A FORMULARY, AND ANY 3,816
SUPPLEMENTS TO THE FORMULARY, LISTING THE CLASSES OF DRUGS AND 3,817
THERAPEUTIC DEVICES THAT MAY BE PRESCRIBED BY CLINICAL NURSE 3,818
SPECIALISTS, CERTIFIED NURSE-MIDWIVES, OR CERTIFIED NURSE 3,819
PRACTITIONERS WHO HOLD CERTIFICATES ISSUED UNDER SECTION 4723.48 3,820
OF THE REVISED CODE. THE FORMULARY MAY LIMIT THE CLASSES OF 3,822
DRUGS AND THERAPEUTIC DEVICES THAT MAY BE DISPENSED BY A NURSE 3,823
WHO HOLDS A CERTIFICATE TO PRESCRIBE, EXCEPT THAT THE FORMULARY 3,824
MAY NOT PROHIBIT A NURSE WHO HOLDS A CERTIFICATE TO PRESCRIBE 3,825
FROM PERSONALLY FURNISHING SAMPLES OF DRUGS THAT ARE LISTED ON 3,826
THE FORMULARY. THE FORMULARY MAY INCLUDE CONTROLLED SUBSTANCES, 3,828
AS DEFINED IN SECTION 3719.01 OF THE REVISED CODE. THE FORMULARY 3,829
SHALL NOT PERMIT THE PRESCRIBING OF ANY DRUG OR DEVICE TO PERFORM 3,830
OR INDUCE AN ABORTION. THE COMMITTEE SHALL CONSULT WITH THE 3,832
BOARD OF NURSING, STATE BOARD OF PHARMACY, AND STATE MEDICAL 3,833
BOARD PRIOR TO ESTABLISHING A FORMULARY OR ANY SUPPLEMENTS TO THE 3,834
FORMULARY.
(D) THE COMMITTEE SHALL ADOPT RULES ESTABLISHING CRITERIA 3,837
FOR STANDARD CARE ARRANGEMENTS DESCRIBED IN SECTION 4723.431 OF 3,838
THE REVISED CODE. THE RULES SHALL BE CONSISTENT WITH THAT 3,839
SECTION AND INCLUDE ALL OF THE FOLLOWING:
(1) QUALITY ASSURANCE STANDARDS; 3,841
(2) PROCEDURES FOR PERIODIC CHART REVIEW BY A 3,843
85
COLLABORATING PHYSICIAN OR PODIATRIST; 3,844
(3) ACCEPTABLE TRAVEL TIME BETWEEN THE LOCATION AT WHICH 3,846
THE NURSE IS ACTING UNDER A STANDARD CARE ARRANGEMENT AND THE 3,847
LOCATION OF THE NURSE'S COLLABORATING PHYSICIAN OR PODIATRIST; 3,848
(4) ANY OTHER CRITERIA REQUIRED BY THE JOINT FORMULARY 3,850
COMMITTEE.
(E) INDIVIDUALS AND PROFESSIONAL NURSING ASSOCIATIONS MAY 3,853
MAKE RECOMMENDATIONS TO THE BOARD OF NURSING FOR THE APPOINTMENT 3,854
OF THE MEMBERS DESCRIBED IN DIVISIONS (A)(1) TO (4) OF THIS 3,856
SECTION. INDIVIDUALS AND PROFESSIONAL MEDICAL ASSOCIATIONS MAY 3,857
MAKE RECOMMENDATIONS TO THE STATE MEDICAL BOARD FOR THE MEMBERS 3,858
DESCRIBED IN DIVISION (A)(5) OF THIS SECTION. INDIVIDUALS AND 3,860
PROFESSIONAL PHARMACY ASSOCIATIONS MAY MAKE RECOMMENDATIONS TO 3,861
THE STATE PHARMACY BOARD FOR THE MEMBER DESCRIBED IN DIVISION 3,862
(A)(6) OF THIS SECTION. IF NO RECOMMENDATIONS ARE MADE TO FILL A 3,863
VACANCY, THE APPROPRIATE BOARD SHALL APPOINT A MEMBER TO FILL THE 3,864
VACANCY ON ITS OWN RECOMMENDATION. 3,865
Sec. 4723.52. (A) The school of nursing of case western 3,874
reserve university, the school of nursing of wright state 3,875
university, and the university of Cincinnati college of nursing 3,876
and health shall each establish a pilot program to provide access 3,877
to health care in underserved areas through the use of advanced 3,878
practice nurses. Each pilot program shall be operated by the 3,879
nursing faculty of the university at which it is established. 3,880
Each pilot program shall cease to exist on January 1, 2010. 3,881
An advisory committee shall be established for each of the 3,883
pilot programs. The dean of the medical school at case western 3,884
reserve university shall appoint two physicians to serve on the 3,885
advisory committee of the university's pilot program. The dean 3,886
of the medical school at wright state university shall appoint 3,887
two physicians to serve on the advisory committee of the 3,888
university's pilot program. The dean of the medical school at 3,889
the university of Cincinnati shall appoint two physicians to 3,890
serve on the advisory committee of the university's pilot 3,891
86
program. To be appointed, a physician must have experience 3,892
working with registered nurses who are approved as advanced 3,893
practice nurses under section 4723.55 of the Revised Code or, 3,894
until one year after the board of nursing begins approving nurses 3,895
under that section, nurses who are qualified to be approved under 3,896
that section. 3,897
(B) The advisory committee of each pilot program shall 3,899
develop a standard care arrangement in accordance with rules 3,900
adopted by the board of nursing under section 4723.54 of the 3,901
Revised Code. The standard care arrangement applies only to the 3,902
advanced practice nurses included in the pilot program for which 3,903
it is developed. Each advisory committee shall submit a copy of 3,904
its standard care arrangement to the board of nursing for review 3,905
within thirty days after the board adopts final rules under 3,906
division (A) of section 4723.54 of the Revised Code. 3,907
(C) Each standard care arrangement shall establish 3,909
conditions under which an advanced practice nurse must refer a 3,910
patient to a physician and procedures for quality assurance 3,911
reviews of advanced practice nurses by the advisory committee, 3,912
and shall comply with any other requirements established by the 3,913
board of nursing in rules adopted under section 4723.54 of the 3,914
Revised Code. NO STANDARD CARE ARRANGEMENT SHALL PERMIT AN 3,916
ADVANCED PRACTICE NURSE TO PRESCRIBE ANY DRUG OR DEVICE TO 3,917
PERFORM OR INDUCE AN ABORTION, OR TO OTHERWISE PERFORM OR INDUCE 3,918
AN ABORTION.
(D) Biennially, each pilot program shall submit a written 3,920
report of its operation to the governor, the speaker of the house 3,921
of representatives, the president of the senate, the board of 3,922
nursing, the state medical board, the state board of pharmacy, 3,923
AND the department of health, and the formulary committee for 3,924
advanced practice nurses established under section 4723.57 of the 3,925
Revised Code. The first report shall be submitted no later than 3,926
July 1, 1994. 3,927
Sec. 4723.56. (A) For purposes of the pilot programs 3,936
87
established by section 4723.52 of the Revised Code, the board of 3,937
nursing may approve an advanced practice nurse to prescribe drugs 3,938
and therapeutic devices if the nurse submits to the board all of 3,939
the following: 3,940
(1) Evidence of having attained at least a master's degree 3,942
in nursing from an accredited institution recognized by the 3,943
board; 3,944
(2) Evidence of completing the pharmacology instruction 3,946
required by division (B) of this section; 3,947
(3) A copy of the protocol established between the nurse 3,949
and the nurse's collaborating physician that meets the 3,950
requirements of division (C) of this section and receives 3,951
approval from the formulary committee for advanced practice 3,952
nurses established under section 4723.57 of the Revised Code; 3,953
(4) Any other information the board requires pursuant to 3,955
rules adopted under section 4723.58 of the Revised Code; 3,956
(5) The fee established in rules adopted under section 3,958
4723.54 of the Revised Code. 3,959
(B) To receive approval under this section to prescribe 3,961
drugs and therapeutic devices, an advanced practice nurse must 3,962
have completed a minimum of thirty hours of instruction in 3,963
pharmacology. The instruction must have been completed within 3,964
three years prior to application for the approval, unless the 3,965
board of nursing establishes by rule adopted under section 3,966
4723.58 of the Revised Code another time period within which the 3,967
instruction must have been completed. The instruction may have 3,968
been received through either of the following: 3,969
(1) Planned classroom, clinical, or provider-directed 3,971
independent study in pharmacology from an accredited institution 3,972
recognized by the board of nursing; 3,973
(2) Pharmacology courses determined to be acceptable by 3,975
the board pursuant to rules adopted under section 4723.58 of the 3,976
Revised Code. 3,977
(C) Each advanced practice nurse who desires to receive 3,979
88
approval under this section to prescribe drugs and therapeutic 3,980
devices shall enter into an arrangement with a collaborating 3,981
physician. The advanced practice nurse and the collaborating 3,982
physician shall develop a written protocol that establishes the 3,983
arrangement between the nurse and the physician. The protocol 3,984
shall include the following: 3,985
(1) The drugs that the advanced practice nurse may 3,987
prescribe and the limitations on the authority to prescribe them, 3,989
including any restrictions on dosage units or refills, in
accordance with the formulary established in rules adopted under 3,990
section 4723.58 of the Revised Code; 3,991
(2) The conditions under which the advanced practice nurse 3,993
must refer patients to the collaborating physician or another 3,994
physician; 3,995
(3) The responsibilities of the collaborating physician; 3,997
(4) Procedures for quality assurance reviews of the 3,999
advanced practice nurse by the collaborating physician. 4,000
(D)(1) On receipt of a protocol under division (A) of this 4,002
section, the board shall submit the protocol to the formulary 4,003
committee for advanced practice nurses for the committee's 4,004
review. APPROVAL TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES 4,005
GRANTED UNDER THE VERSION OF THIS SECTION THAT WAS IN EFFECT 4,006
IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT SHALL 4,007
REMAIN VALID FOR THE REMAINDER OF THE PERIOD FOR WHICH IT WAS 4,008
OBTAINED. An advanced practice nurse shall prescribe drugs and 4,009
therapeutic devices only in accordance with a protocol 4,010
ESTABLISHED BETWEEN THE NURSE AND THE NURSE'S COLLABORATING
PHYSICIAN THAT MEETS THE REQUIREMENTS OF DIVISION (C) OF THE 4,011
VERSION OF THIS SECTION THAT WAS IN EFFECT IMMEDIATELY PRIOR TO 4,012
THE EFFECTIVE DATE OF THIS AMENDMENT AND approved by the 4,013
FORMULARY committee FOR ADVANCED PRACTICE NURSES ESTABLISHED 4,014
UNDER SECTION 4723.57 OF THE REVISED CODE.
(2)(B) If an advanced practice nurse and collaborating 4,016
physician propose to make a change in an approved protocol, the 4,017
89
advanced practice nurse shall file the proposed change with the 4,018
board of nursing at least thirty days prior to the date on which 4,019
the proposed change is intended to become effective. The board 4,020
shall submit the proposed change to the formulary committee for 4,021
the committee's review. The advanced practice nurse and 4,022
collaborating physician shall implement the change only if it is 4,023
approved by the committee. 4,024
(E)(C) Notwithstanding any other provision of this chapter 4,026
or Chapter 2925., 3719., 4729., or 4731. of the Revised Code to 4,027
the contrary, an advanced practice nurse approved under this 4,028
section may prescribe drugs and therapeutic devices as specified 4,029
in the protocol established between the nurse and the 4,030
collaborating physician and may personally supply drugs and 4,031
therapeutic devices in accordance with section 4723.561 of the 4,032
Revised Code, EXCEPT THAT NO PROTOCOL MAY AUTHORIZE AND NOTHING 4,034
IN THIS CHAPTER SHALL BE CONSTRUED AS AUTHORIZING AN ADVANCED 4,035
PRACTICE NURSE TO PRESCRIBE ANY DRUG OR DEVICE TO PERFORM OR 4,036
INDUCE AN ABORTION, OR TO OTHERWISE PERFORM OR INDUCE AN 4,038
ABORTION.
(F) Approval under this section to prescribe and 4,040
personally supply drugs and therapeutic devices is valid for two 4,041
years. The board may renew its approval to prescribe drugs and 4,042
therapeutic devices if the nurse submits to the board all of the 4,043
following:
(1) Evidence of completing during the previous two years 4,045
at least twelve hours of continuing education in pharmacology 4,046
from an accredited institution recognized by the board; 4,047
(2) A written recommendation for renewal from the nurse's 4,049
collaborating physician; 4,050
(3) Any other information the board requires pursuant to 4,052
rules adopted under section 4723.58 of the Revised Code; 4,053
(4) The fee established in rules adopted under section 4,055
4723.54 of the Revised Code. 4,056
(G) The continuing education required by this section is 4,058
90
in addition to the continuing education required under section 4,059
4723.24 of the Revised Code. 4,060
(H) Application for approval under this section may be 4,062
made at the same time that application is made for approval under 4,063
section 4723.55 of the Revised Code or at any time subsequent to 4,064
receiving approval under that section. 4,065
Sec. 4723.561. An UNTIL TWO YEARS AFTER THE EFFECTIVE DATE 4,074
OF THIS AMENDMENT, AN advanced practice nurse approved by the 4,075
board of nursing under section 4723.56 of the Revised Code to 4,076
prescribe drugs and therapeutic devices as part of a pilot 4,078
program established under section 4723.52 of the Revised Code may 4,079
personally supply to patients the following drugs and devices 4,081
that are within the advanced practice nurse's authority to 4,082
prescribe: antibiotics, antifungals, scabicides, contraceptives, 4,083
and prenatal vitamins.
The advanced practice nurse shall maintain a written record 4,085
of drugs and devices personally supplied under this section. For 4,086
each drug or device supplied, the collaborating physician shall 4,087
review the record within seventy-two hours after the drug or 4,088
device is supplied.
Sec. 4723.57. (A) There is hereby created the formulary 4,098
committee for advanced practice nurses. Three members of the 4,099
committee shall be advanced practice nurses appointed by the 4,100
board of nursing, each of whom shall hold at least a master's 4,101
degree in nursing. One of these members shall be a nurse-midwife 4,102
certified by the American college of nurse-midwives, one shall be 4,103
a nurse practitioner certified as such by a national certifying 4,104
organization recognized by the board of nursing in accordance 4,105
with section 4723.55 of the Revised Code, and one shall be a 4,106
clinical nurse specialist certified as such by a national 4,107
certifying organization recognized by the board of nursing in 4,108
accordance with section 4723.55 of the Revised Code. Three 4,109
members shall be physicians appointed by the state medical board 4,110
who have experience working with advanced practice nurses. One 4,111
91
member shall be a pharmacist appointed by the state board of 4,112
pharmacy. The director of health or his THE DIRECTOR'S designee 4,113
shall serve as a nonvoting member of the formulary committee. 4,115
Initial appointments to the formulary committee shall be 4,117
made within sixty days after the effective date of this section 4,119
JANUARY 14, 1993. Vacancies shall be filled in the manner 4,120
provided for original appointments. 4,121
Annually, the formulary committee shall organize by 4,123
selecting a chairman CHAIRPERSON from its voting members. For 4,124
the committee to take any action, the action must be approved by 4,126
affirmative vote of at least four voting members, of which two 4,127
must be advanced practice nurses and two must be physicians. 4,128
Members shall serve without compensation but shall be reimbursed 4,129
by the board of nursing for their actual and necessary expenses 4,130
incurred in carrying out their duties as committee members. 4,131
(B) The UNTIL TWO YEARS AFTER THE EFFECTIVE DATE OF THIS 4,133
AMENDMENT, THE formulary committee shall make: 4,134
(1) MAKE recommendations to the board of nursing regarding 4,137
the board's adoption of rules under section 4723.58 of the 4,138
Revised Code. It shall review;
(2) REVIEW, and approve or disapprove, each protocol and 4,140
proposed change to a protocol it receives from the board of 4,141
nursing pursuant to section 4723.56 of the Revised Code. 4,142
Sec. 4723.58. (A) In UNTIL TWO YEARS AFTER THE EFFECTIVE 4,151
DATE OF THIS AMENDMENT AND IN accordance with Chapter 119. of the 4,152
Revised Code, the board of nursing shall adopt rules regarding 4,153
the approval of advanced practice nurses under section 4723.56 of 4,154
the Revised Code to prescribe drugs and therapeutic devices. The 4,155
rules shall be consistent with the recommendations of the 4,156
formulary committee for advanced practice nurses and shall 4,157
establish all of the following: 4,158
(1) A formulary listing the drugs and therapeutic devices, 4,160
including types and classes where appropriate, that may be 4,161
prescribed by advanced practice nurses; 4,162
92
(2) Requirements pertaining to the protocol that is 4,164
required to be established between an advanced practice nurse and 4,165
the nurse's collaborating physician; 4,166
(3) Requirements regarding the pharmacology courses that 4,168
an advanced practice nurse is required to complete to receive 4,169
approval or renewal of approval to prescribe drugs and 4,170
therapeutic devices; 4,171
(4) Standards and procedures for approval and renewal of 4,173
approval of advanced practice nurses to prescribe drugs and 4,174
therapeutic devices; 4,175
(5) Any other requirements with regard to advanced 4,177
practice nurses approved to prescribe drugs and therapeutic 4,178
devices. 4,179
(B) The drugs included in the formulary shall not include 4,181
any drug listed on schedule I or II, as specified in section 4,182
3719.41 of the Revised Code. THE FORMULARY SHALL NOT PERMIT THE 4,184
PRESCRIBING OF ANY DRUG OR DEVICE TO PERFORM OR INDUCE AN
ABORTION. The formulary may include restrictions and 4,186
requirements for prescriptions and shall include requirements 4,187
specific to advanced practice nursing.
Sec. 4723.59. (A) An advanced practice nurse shall 4,196
practice as an advanced practice nurse only in accordance with 4,197
the standard care arrangement developed under section 4723.52 of 4,198
the Revised Code for the pilot program in which the nurse is 4,199
participating. An advanced practice nurse who does not follow 4,200
the standard care arrangement is guilty of unprofessional conduct 4,201
and is subject to disciplinary action under section 4723.28 of 4,202
the Revised Code for violation of this chapter and the rules 4,203
adopted under it. 4,204
(B) An UNTIL TWO YEARS AFTER THE EFFECTIVE DATE OF THIS 4,206
AMENDMENT:
(1) AN advanced practice nurse approved under section 4,208
4723.56 of the Revised Code shall prescribe drugs and therapeutic 4,209
devices specified in the protocol established between the nurse 4,210
93
and the collaborating physician only in accordance with the 4,211
protocol. An advanced practice nurse approved under FORMER 4,212
section 4723.56 of the Revised Code shall personally supply drugs 4,213
and therapeutic devices in accordance with section 4723.561 of 4,215
the Revised Code. Any advanced practice nurse who does not 4,216
follow the protocol or personally supply drugs and devices in 4,217
accordance with section 4723.561 of the Revised Code is guilty of 4,219
unprofessional conduct and is subject to disciplinary action 4,220
under section 4723.28 of the Revised Code for violation of this 4,221
chapter and the rules adopted under it.
(C)(2) Any collaborating physician who does not perform 4,223
the responsibilities the physician agreed to perform in the 4,224
protocol established between the physician and an advanced 4,225
practice nurse in accordance with section 4723.56 of the Revised 4,226
Code is guilty of unprofessional conduct and is subject to 4,227
disciplinary action by the state medical board. Under this 4,228
division, the state medical board may revoke, limit, or suspend 4,229
the physician's certificate to practice, pursuant to an 4,230
adjudicatory hearing under Chapter 119. of the Revised Code and a 4,231
vote of not less than six of its members. 4,232
Sec. 4729.01. As used in this chapter: 4,241
(A) "Pharmacy," except when used in a context that refers 4,243
to the practice of pharmacy, means any area, room, rooms, place 4,244
of business, department, or portion of any of the foregoing where 4,246
the practice of pharmacy is conducted. 4,248
(B) "Practice of pharmacy" means providing pharmacist care 4,250
requiring specialized knowledge, judgment, and skill derived from 4,252
the principles of biological, chemical, behavioral, social, 4,253
pharmaceutical, and clinical sciences. As used in this division, 4,254
"pharmacist care" includes the following:
(1) Interpreting prescriptions; 4,256
(2) Compounding or dispensing drugs and dispensing drug 4,258
therapy related devices; 4,259
(3) Counseling individuals with regard to their drug 4,261
94
therapy, recommending drug therapy related devices, and assisting 4,263
in the selection of drugs and appliances for treatment of common 4,264
diseases and injuries and providing instruction in the proper use 4,266
of the drugs and appliances;
(4) Performing drug regimen reviews with individuals by 4,269
discussing all of the drugs that the individual is taking and
explaining the interactions of the drugs; 4,270
(5) Performing drug utilization reviews with licensed 4,272
health professionals authorized to prescribe drugs when the 4,273
pharmacist determines that an individual with a prescription has 4,274
a drug regimen that warrants additional discussion with the 4,275
prescriber; 4,276
(6) Advising an individual and the health care 4,278
professionals treating an individual with regard to the 4,279
individual's drug therapy; 4,280
(7) Acting pursuant to a consult agreement with a 4,282
physician authorized under Chapter 4731. of the Revised Code to 4,286
practice medicine and surgery or osteopathic medicine and 4,287
surgery, if an agreement has been established with the physician. 4,288
(C) "Compounding" means the preparation, mixing, 4,291
assembling, packaging, and labeling of one or more drugs in any 4,292
of the following circumstances: 4,293
(1) Pursuant to a prescription issued by a licensed health 4,296
professional authorized to prescribe drugs;
(2) Pursuant to the modification of a prescription made in 4,298
accordance with a consult agreement; 4,299
(3) As an incident to research, teaching activities, or 4,302
chemical analysis;
(4) In anticipation of prescription drug orders based on 4,305
routine, regularly observed dispensing patterns.
(D) "Consult agreement" means an agreement to manage an 4,307
individual's drug therapy that has been entered into by a 4,309
pharmacist and a physician authorized under Chapter 4731. of the 4,310
Revised Code to practice medicine and surgery or osteopathic 4,313
95
medicine and surgery.
(E) "Drug" means: 4,315
(1) Any article recognized in the United States 4,317
pharmacopoeia and national formulary, or any supplement to them, 4,319
intended for use in the diagnosis, cure, mitigation, treatment, 4,320
or prevention of disease in humans or animals; 4,321
(2) Any other article intended for use in the diagnosis, 4,323
cure, mitigation, treatment, or prevention of disease in humans 4,325
or animals;
(3) Any article, other than food, intended to affect the 4,327
structure or any function of the body of humans or animals; 4,329
(4) Any article intended for use as a component of any 4,331
article specified in division (C)(1), (2), or (3) of this 4,332
section; but does not include devices or their components, parts, 4,333
or accessories. 4,334
(F) "Dangerous drug" means any of the following: 4,336
(1) Any drug to which either of the following applies: 4,338
(a) Under the "Federal Food, Drug, and Cosmetic Act," 52 4,341
Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is 4,342
required to bear a label containing the legend "Caution: Federal 4,344
law prohibits dispensing without prescription" or "Caution: 4,345
Federal law restricts this drug to use by or on the order of a 4,346
licensed veterinarian" or any similar restrictive statement, or 4,347
the drug may be dispensed only upon a prescription; 4,348
(b) Under Chapter 3715. or 3719. of the Revised Code, the 4,350
drug may be dispensed only upon a prescription. 4,351
(2) Any drug that contains a schedule V controlled 4,353
substance and that is exempt from Chapter 3719. of the Revised 4,354
Code or to which that chapter does not apply; 4,355
(3) Any drug intended for administration by injection into 4,357
the human body other than through a natural orifice of the human 4,358
body. 4,359
(G) "Federal drug abuse control laws" has the same meaning 4,361
as in section 3719.01 of the Revised Code. 4,362
96
(H) "Prescription" means a written, electronic, or oral 4,367
order for drugs or combinations or mixtures of drugs to be used 4,368
by a particular individual or for treating a particular animal, 4,369
issued by a licensed health professional authorized to prescribe 4,372
drugs.
(I) "Licensed health professional authorized to prescribe 4,375
drugs" or "prescriber" means an individual who is authorized by 4,377
law to prescribe drugs or dangerous drugs or drug therapy related 4,381
devices in the course of the individual's professional practice, 4,382
including only the following: 4,383
(1) A dentist licensed under Chapter 4715. of the Revised 4,386
Code;
(2) An UNTIL TWO YEARS AFTER THE EFFECTIVE DATE OF THIS 4,388
AMENDMENT, AN advanced practice nurse approved under section 4,390
4723.56 of the Revised Code to prescribe drugs and therapeutic 4,391
devices; 4,392
(3) A CLINICAL NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE, 4,395
OR CERTIFIED NURSE PRACTITIONER WHO HOLDS A CERTIFICATE TO 4,396
PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE REVISED CODE;
(4) An optometrist licensed under Chapter 4725. of the 4,399
Revised Code to practice optometry under a therapeutic 4,402
pharmaceutical agents certificate;
(4)(5) A physician authorized under Chapter 4731. of the 4,405
Revised Code to practice medicine and surgery, osteopathic 4,407
medicine and surgery, or podiatry;
(5)(6) A veterinarian licensed under Chapter 4741. of the 4,409
Revised Code. 4,410
(J) "Sale" and "sell" include delivery, transfer, barter, 4,412
exchange, or gift, or offer therefor, and each such transaction 4,413
made by any person, whether as principal proprietor, agent, or 4,414
employee. 4,415
(K) "Wholesale sale" and "sale at wholesale" mean any sale 4,417
in which the purpose of the purchaser is to resell the article 4,418
purchased or received by the purchaser. 4,419
97
(L) "Retail sale" and "sale at retail" mean any sale other 4,421
than a wholesale sale or sale at wholesale. 4,422
(M) "Retail seller" means any person that sells any 4,424
dangerous drug to consumers without assuming control over and 4,425
responsibility for its administration. Mere advice or 4,426
instructions regarding administration do not constitute control 4,427
or establish responsibility. 4,428
(N) "Price information" means the price charged for a 4,430
prescription for a particular drug product and, in an easily 4,431
understandable manner, all of the following: 4,432
(1) The proprietary name of the drug product; 4,434
(2) The established (generic) name of the drug product; 4,436
(3) The strength of the drug product if the product 4,438
contains a single active ingredient or if the drug product 4,439
contains more than one active ingredient and a relevant strength 4,440
can be associated with the product without indicating each active 4,441
ingredient. The established name and quantity of each active 4,442
ingredient are required if such a relevant strength cannot be so 4,443
associated with a drug product containing more than one 4,444
ingredient. 4,445
(4) The dosage form; 4,447
(5) The price charged for a specific quantity of the drug 4,449
product. The stated price shall include all charges to the 4,450
consumer, including, but not limited to, the cost of the drug 4,451
product, professional fees, handling fees, if any, and a 4,452
statement identifying professional services routinely furnished 4,453
by the pharmacy. Any mailing fees and delivery fees may be 4,454
stated separately without repetition. The information shall not 4,455
be false or misleading. 4,456
(O) "Wholesale distributor of dangerous drugs" means a 4,458
person engaged in the sale of dangerous drugs at wholesale and 4,459
includes any agent or employee of such a person authorized by the 4,461
person to engage in the sale of dangerous drugs at wholesale. 4,462
(P) "Manufacturer of dangerous drugs" means a person, 4,464
98
other than a pharmacist, who manufactures dangerous drugs and who 4,465
is engaged in the sale of those dangerous drugs within this 4,466
state. 4,467
(Q) "Terminal distributor of dangerous drugs" means a 4,469
person who is engaged in the sale of dangerous drugs at retail, 4,471
or any person, other than a wholesale distributor or a 4,472
pharmacist, who has possession, custody, or control of dangerous 4,474
drugs for any purpose other than for that person's own use and 4,476
consumption, and includes pharmacies, hospitals, nursing homes, 4,477
and laboratories and all other persons who procure dangerous 4,478
drugs for sale or other distribution by or under the supervision 4,479
of a pharmacist or licensed health professional authorized to 4,480
prescribe drugs.
(R) "Promote to the public" means disseminating a 4,482
representation to the public in any manner or by any means, other 4,483
than by labeling, for the purpose of inducing, or that is likely 4,484
to induce, directly or indirectly, the purchase of a dangerous 4,485
drug at retail. 4,486
(S) "Person" includes any individual, partnership, 4,488
association, limited liability company, or corporation, the 4,489
state, any political subdivision of the state, and any district, 4,490
department, or agency of the state or its political subdivisions. 4,491
(T) "Finished dosage form" has the same meaning as in 4,493
section 3715.01 of the Revised Code. 4,494
(U) "Generically equivalent drug" has the same meaning as 4,496
in section 3715.01 of the Revised Code. 4,497
(V) "Animal shelter" means a facility operated by a humane 4,499
society or any society organized under Chapter 1717. of the 4,500
Revised Code or a dog pound operated pursuant to Chapter 955. of 4,501
the Revised Code. 4,502
(W) "Food" has the same meaning as in section 3715.01 of 4,505
the Revised Code.
Sec. 4729.51. (A) No person other than a registered 4,514
wholesale distributor of dangerous drugs shall possess for sale, 4,515
99
sell, distribute, or deliver, at wholesale, dangerous drugs, 4,516
except as follows: 4,517
(1) A pharmacist who is a licensed terminal distributor of 4,519
dangerous drugs or who is employed by a licensed terminal 4,520
distributor of dangerous drugs may make occasional sales of 4,521
dangerous drugs at wholesale; 4,522
(2) A licensed terminal distributor of dangerous drugs 4,524
having more than one establishment or place may transfer or 4,525
deliver dangerous drugs from one establishment or place for which 4,526
a license has been issued to the terminal distributor to another 4,527
establishment or place for which a license has been issued to the 4,528
terminal distributor if the license issued for each establishment 4,530
or place is in effect at the time of the transfer or delivery. 4,531
(B)(1) No registered wholesale distributor of dangerous 4,533
drugs shall possess for sale, or sell, at wholesale, dangerous 4,534
drugs to any person other than the following: 4,535
(a) A licensed health professional authorized to prescribe 4,538
drugs;
(b) An optometrist licensed under Chapter 4725. of the 4,540
Revised Code who holds a topical ocular pharmaceutical agents 4,542
certificate;
(c) A registered wholesale distributor of dangerous drugs; 4,544
(d) A manufacturer of dangerous drugs; 4,546
(e) A licensed terminal distributor of dangerous drugs, 4,548
subject to division (B)(2) of this section; 4,549
(f) Carriers or warehousers for the purpose of carriage or 4,553
storage;
(g) Terminal or wholesale distributors of dangerous drugs 4,555
who are not engaged in the sale of dangerous drugs within this 4,556
state; 4,557
(h) An individual who holds a current license, 4,559
certificate, or registration issued under Title 47 of the Revised 4,561
Code and has been certified to conduct diabetes education by a 4,562
national certifying body specified in rules adopted by the state 4,563
100
board of pharmacy under section 4729.68 of the Revised Code, but 4,564
only with respect to insulin that will be used for the purpose of 4,566
diabetes education and only if diabetes education is within the 4,567
individual's scope of practice under statutes and rules 4,568
regulating the individual's profession. 4,569
(2) No registered wholesale distributor of dangerous drugs 4,571
shall possess dangerous drugs for sale at wholesale, or sell such 4,572
drugs at wholesale, to a licensed terminal distributor of 4,573
dangerous drugs, except to: 4,574
(a) A terminal distributor who has a category I license, 4,576
only dangerous drugs described in category I, as defined in 4,577
division (A)(1) of section 4729.54 of the Revised Code; 4,578
(b) A terminal distributor who has a category II license, 4,580
only dangerous drugs described in category I and category II, as 4,581
defined in divisions (A)(1) and (2) of section 4729.54 of the 4,582
Revised Code; 4,583
(c) A terminal distributor who has a category III license, 4,585
dangerous drugs described in category I, category II, and 4,586
category III, as defined in divisions (A)(1), (2), and (3) of 4,587
section 4729.54 of the Revised Code; 4,588
(d) A terminal distributor who has a limited category I, 4,590
II, or III license, only the dangerous drugs specified in the 4,591
certificate furnished by the terminal distributor in accordance 4,592
with section 4729.60 of the Revised Code. 4,593
(C)(1) Except as provided in division (C)(4) of this 4,595
section, no person shall sell, at retail, dangerous drugs. 4,596
(2) Except as provided in division (C)(4) of this section, 4,598
no person shall possess for sale, at retail, dangerous drugs. 4,599
(3) Except as provided in division (C)(4) of this section, 4,601
no person shall possess dangerous drugs. 4,602
(4) Divisions (C)(1), (2), and (3) of this section do not 4,604
apply to a registered wholesale distributor of dangerous drugs, a 4,605
licensed terminal distributor of dangerous drugs, or a person who 4,606
possesses, or possesses for sale or sells, at retail, a dangerous 4,608
101
drug in accordance with Chapters 3719., 4715., 4723., 4725., 4,609
4729., 4731., and 4741. or section 4723.56 of the Revised Code. 4,611
Divisions (C)(1), (2), and (3) of this section do not apply 4,614
to an individual who holds a current license, certificate, or 4,615
registration issued under Title 47 of the Revised Code and has 4,618
been certified to conduct diabetes education by a national 4,619
certifying body specified in rules adopted by the state board of 4,620
pharmacy under section 4729.68 of the Revised Code, but only to 4,622
the extent that the individual possesses insulin or personally 4,623
supplies insulin solely for the purpose of diabetes education and 4,624
only if diabetes education is within the individual's scope of 4,625
practice under statutes and rules regulating the individual's 4,626
profession. 4,627
(D) No licensed terminal distributor of dangerous drugs 4,629
shall purchase for the purpose of resale dangerous drugs from any 4,631
person other than a registered wholesale distributor of dangerous 4,633
drugs, except as follows: 4,634
(1) A licensed terminal distributor of dangerous drugs may 4,636
make occasional purchases of dangerous drugs for resale from a 4,637
pharmacist who is a licensed terminal distributor of dangerous 4,638
drugs or who is employed by a licensed terminal distributor of 4,639
dangerous drugs; 4,640
(2) A licensed terminal distributor of dangerous drugs 4,642
having more than one establishment or place may transfer or 4,643
receive dangerous drugs from one establishment or place for which 4,644
a license has been issued to the terminal distributor to another 4,645
establishment or place for which a license has been issued to the 4,646
terminal distributor if the license issued for each establishment 4,647
or place is in effect at the time of the transfer or receipt. 4,648
(E) No licensed terminal distributor of dangerous drugs 4,650
shall engage in the sale or other distribution of dangerous drugs 4,651
at retail or maintain possession, custody, or control of 4,652
dangerous drugs for any purpose other than the distributor's 4,653
personal use or consumption, at any establishment or place other 4,655
102
than that or those described in the license issued by the board 4,656
of pharmacy to such terminal distributor. 4,657
(F) Nothing in this section shall be construed to 4,659
interfere with the performance of official duties by any law 4,660
enforcement official authorized by municipal, county, state, or 4,662
federal law to collect samples of any drug, regardless of its 4,663
nature or in whose possession it may be. 4,664
Sec. 4731.22. (A) The state medical board, by an 4,674
affirmative vote of not fewer than six of its members, may revoke 4,675
or may refuse to grant a certificate to a person found by the 4,676
board to have committed fraud during the administration of the 4,677
examination for a certificate to practice or to have committed 4,679
fraud, misrepresentation, or deception in applying for or 4,680
securing any certificate to practice or certificate of
registration issued by the board. 4,681
(B) The board, by an affirmative vote of not fewer than 4,684
six members, shall, to the extent permitted by law, limit, 4,685
revoke, or suspend an individual's certificate to practice, 4,687
refuse to register an individual, refuse to reinstate a 4,689
certificate, or reprimand or place on probation the holder of a 4,691
certificate for one or more of the following reasons:
(1) Permitting one's name or one's certificate to practice 4,693
or certificate of registration to be used by a person, group, or 4,695
corporation when the individual concerned is not actually 4,696
directing the treatment given; 4,697
(2) Failure to maintain minimal standards applicable to 4,700
the selection or administration of drugs, or failure to employ 4,701
acceptable scientific methods in the selection of drugs or other 4,702
modalities for treatment of disease; 4,703
(3) Selling, giving away, personally furnishing, 4,705
prescribing, or administering drugs for other than legal and 4,706
legitimate therapeutic purposes or a plea of guilty to, a 4,708
judicial finding of guilt of, or a judicial finding of 4,709
eligibility for treatment in lieu of conviction of, a violation 4,711
103
of any federal or state law regulating the possession,
distribution, or use of any drug; 4,712
(4) Willfully betraying a professional confidence. 4,714
For purposes of this division, "willfully betraying a 4,716
professional confidence" does not include the making of a report 4,717
of an employee's use of a drug of abuse, or a report of a 4,718
condition of an employee other than one involving the use of a 4,719
drug of abuse, to the employer of the employee as described in 4,720
division (B) of section 2305.33 of the Revised Code. Nothing in 4,722
this division affects the immunity from civil liability conferred 4,724
by that section upon a physician who makes either type of report 4,725
in accordance with division (B) of that section. As used in this 4,726
division, "employee," "employer," and "physician" have the same 4,727
meanings as in section 2305.33 of the Revised Code. 4,728
(5) Making a false, fraudulent, deceptive, or misleading 4,731
statement in the solicitation of or advertising for patients; in 4,733
relation to the practice of medicine and surgery, osteopathic 4,734
medicine and surgery, podiatry, or a limited branch of medicine; 4,735
or in securing or attempting to secure any certificate to 4,737
practice or certificate of registration issued by the board.
As used in this division, "false, fraudulent, deceptive, or 4,739
misleading statement" means a statement that includes a 4,740
misrepresentation of fact, is likely to mislead or deceive 4,741
because of a failure to disclose material facts, is intended or 4,742
is likely to create false or unjustified expectations of 4,743
favorable results, or includes representations or implications 4,744
that in reasonable probability will cause an ordinarily prudent 4,745
person to misunderstand or be deceived. 4,746
(6) A departure from, or the failure to conform to, 4,748
minimal standards of care of similar practitioners under the same 4,749
or similar circumstances, whether or not actual injury to a 4,750
patient is established; 4,751
(7) Representing, with the purpose of obtaining 4,753
compensation or other advantage as personal gain or for any other 4,755
104
person, that an incurable disease or injury, or other incurable 4,756
condition, can be permanently cured; 4,757
(8) The obtaining of, or attempting to obtain, money or 4,759
anything of value by fraudulent misrepresentations in the course 4,760
of practice; 4,761
(9) A plea of guilty to, a judicial finding of guilt of, 4,764
or a judicial finding of eligibility for treatment in lieu of
conviction for, a felony; 4,765
(10) Commission of an act that constitutes a felony in 4,767
this state, regardless of the jurisdiction in which the act was 4,768
committed; 4,769
(11) A plea of guilty to, a judicial finding of guilt of, 4,772
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor committed in the course of 4,773
practice;
(12) Commission of an act in the course of practice that 4,775
constitutes a misdemeanor in this state, regardless of the 4,777
jurisdiction in which the act was committed; 4,778
(13) A plea of guilty to, a judicial finding of guilt of, 4,781
or a judicial finding of eligibility for treatment in lieu of
conviction for, a misdemeanor involving moral turpitude; 4,782
(14) Commission of an act involving moral turpitude that 4,784
constitutes a misdemeanor in this state, regardless of the 4,786
jurisdiction in which the act was committed; 4,787
(15) Violation of the conditions of limitation placed by 4,789
the board upon a certificate to practice; 4,790
(16) Failure to pay license renewal fees specified in this 4,792
chapter; 4,793
(17) Except as authorized in section 4731.31 of the 4,795
Revised Code, engaging in the division of fees for referral of 4,797
patients, or the receiving of a thing of value in return for a 4,799
specific referral of a patient to utilize a particular service or 4,800
business;
(18) Subject to section 4731.226 of the Revised Code, 4,802
105
violation of any provision of a code of ethics of the American 4,804
medical association, the American osteopathic association, the 4,805
American podiatric medical association, or any other national 4,806
professional organizations that the board specifies by rule. The 4,808
state medical board shall obtain and keep on file current copies 4,809
of the codes of ethics of the various national professional 4,810
organizations. The individual whose certificate is being 4,811
suspended or revoked shall not be found to have violated any 4,813
provision of a code of ethics of an organization not appropriate 4,814
to the individual's profession. 4,815
For purposes of this division, a "provision of a code of 4,818
ethics of a national professional organization" does not include 4,819
any provision that would preclude the making of a report by a 4,820
physician of an employee's use of a drug of abuse, or of a 4,821
condition of an employee other than one involving the use of a 4,822
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 4,824
this division affects the immunity from civil liability conferred 4,825
by that section upon a physician who makes either type of report 4,826
in accordance with division (B) of that section. As used in this 4,827
division, "employee," "employer," and "physician" have the same 4,828
meanings as in section 2305.33 of the Revised Code. 4,829
(19) Inability to practice according to acceptable and 4,831
prevailing standards of care by reason of mental illness or 4,832
physical illness, including, but not limited to, physical 4,833
deterioration that adversely affects cognitive, motor, or 4,834
perceptive skills. 4,835
In enforcing this division, the board, upon a showing of a 4,838
possible violation, may compel any individual authorized to 4,839
practice by this chapter or who has submitted an application 4,841
pursuant to this chapter to submit to a mental examination, 4,843
physical examination, including an HIV test, or both a mental and 4,845
a physical examination. The expense of the examination is the 4,847
responsibility of the individual compelled to be examined. 4,848
106
Failure to submit to a mental or physical examination or consent 4,849
to an HIV test ordered by the board constitutes an admission of 4,850
the allegations against the individual unless the failure is due 4,852
to circumstances beyond the individual's control, and a default 4,853
and final order may be entered without the taking of testimony or 4,854
presentation of evidence. If the board finds an individual 4,855
unable to practice because of the reasons set forth in this 4,857
division, the board shall require the individual to submit to 4,858
care, counseling, or treatment by physicians approved or 4,859
designated by the board, as a condition for initial, continued, 4,860
reinstated, or renewed authority to practice. An individual 4,862
affected under this division shall be afforded an opportunity to 4,864
demonstrate to the board the ability to resume practice in 4,865
compliance with acceptable and prevailing standards under the 4,866
provisions of the individual's certificate. For the purpose of 4,868
this division, any individual who applies for or receives a 4,869
certificate to practice under this chapter accepts the privilege 4,870
of practicing in this state and, by so doing, shall be deemed to 4,873
have given consent to submit to a mental or physical examination 4,874
when directed to do so in writing by the board, and to have 4,875
waived all objections to the admissibility of testimony or 4,876
examination reports that constitute a privileged communication. 4,877
(20) Except when civil penalties are imposed under section 4,879
4731.225 or 4731.281 of the Revised Code, and subject to section 4,880
4731.226 of the Revised Code, violating or attempting to violate, 4,882
directly or indirectly, or assisting in or abetting the violation 4,883
of, or conspiring to violate, any provisions of this chapter or 4,884
any rule promulgated by the board.
This division does not apply to a violation or attempted 4,886
violation of, assisting in or abetting the violation of, or a 4,887
conspiracy to violate, any provision of this chapter or any rule 4,888
adopted by the board that would preclude the making of a report 4,891
by a physician of an employee's use of a drug of abuse, or of a 4,892
condition of an employee other than one involving the use of a 4,893
107
drug of abuse, to the employer of the employee as described in
division (B) of section 2305.33 of the Revised Code. Nothing in 4,895
this division affects the immunity from civil liability conferred 4,896
by that section upon a physician who makes either type of report 4,897
in accordance with division (B) of that section. As used in this 4,898
division, "employee," "employer," and "physician" have the same 4,899
meanings as in section 2305.33 of the Revised Code. 4,900
(21) The violation of any abortion rule adopted by the 4,902
public health council pursuant to section 3701.341 of the Revised 4,903
Code; 4,904
(22) Any of the following actions taken by the state 4,906
agency responsible for regulating the practice of medicine and 4,907
surgery, osteopathic medicine and surgery, podiatry, or the 4,908
limited branches of medicine in another state, for any reason 4,909
other than the nonpayment of fees: the limitation, revocation, 4,910
or suspension of an individual's license to practice; acceptance 4,911
of an individual's license surrender; denial of a license; 4,912
refusal to renew or reinstate a license; imposition of probation; 4,914
or issuance of an order of censure or other reprimand; 4,915
(23) The violation of section 2919.12 of the Revised Code 4,917
or the performance or inducement of an abortion upon a pregnant 4,918
woman with actual knowledge that the conditions specified in 4,919
division (B) of section 2317.56 of the Revised Code have not been 4,920
satisfied or with a heedless indifference as to whether those 4,921
conditions have been satisfied, unless an affirmative defense as 4,922
specified in division (H)(2) of that section would apply in a 4,923
civil action authorized by division (H)(1) of that section; 4,924
(24) The revocation, suspension, restriction, reduction, 4,926
or termination of clinical privileges by the United States 4,928
department of defense or department of veterans affairs or the 4,930
termination or suspension of a certificate of registration to 4,931
prescribe drugs by the drug enforcement administration of the 4,932
United States department of justice; 4,933
(25) Termination or suspension from participation in the 4,935
108
medicare or medicaid programs by the department of health and 4,937
human services or other responsible agency for any act or acts 4,938
that also would constitute a violation of division (B)(2), (3), 4,939
(6), (8), or (19) of this section; 4,940
(26) Impairment of ability to practice according to 4,942
acceptable and prevailing standards of care because of habitual 4,943
or excessive use or abuse of drugs, alcohol, or other substances 4,944
that impair ability to practice. 4,945
For the purposes of this division, any individual 4,947
authorized to practice by this chapter accepts the privilege of 4,949
practicing in this state subject to supervision by the board. By 4,950
filing an application for or holding a certificate to practice 4,953
under this chapter, an individual shall be deemed to have given 4,955
consent to submit to a mental or physical examination when 4,956
ordered to do so by the board in writing, and to have waived all 4,957
objections to the admissibility of testimony or examination 4,958
reports that constitute privileged communications. 4,959
If it has reason to believe that any individual authorized 4,961
to practice by this chapter or any applicant for certification to 4,963
practice suffers such impairment, the board may compel the 4,964
individual to submit to a mental or physical examination, or 4,965
both. The expense of the examination is the responsibility of 4,967
the individual compelled to be examined. Any mental or physical 4,969
examination required under this division shall be undertaken by a 4,970
treatment provider or physician who is qualified to conduct the 4,971
examination and who is chosen by the board. 4,972
Failure to submit to a mental or physical examination 4,975
ordered by the board constitutes an admission of the allegations 4,976
against the individual unless the failure is due to circumstances 4,977
beyond the individual's control, and a default and final order 4,978
may be entered without the taking of testimony or presentation of 4,979
evidence. If the board determines that the individual's ability 4,980
to practice is impaired, the board shall suspend the individual's 4,981
certificate or deny the individual's application and shall 4,982
109
require the individual, as a condition for initial, continued, 4,983
reinstated, or renewed certification to practice, to submit to 4,985
treatment.
Before being eligible to apply for reinstatement of a 4,987
certificate suspended under this division, the impaired 4,989
practitioner shall demonstrate to the board the ability to resume 4,991
practice in compliance with acceptable and prevailing standards 4,992
of care under the provisions of the practitioner's certificate. 4,993
The demonstration shall include, but shall not be limited to, the 4,995
following:
(a) Certification from a treatment provider approved under 4,997
section 4731.25 of the Revised Code that the individual has 4,999
successfully completed any required inpatient treatment; 5,000
(b) Evidence of continuing full compliance with an 5,002
aftercare contract or consent agreement; 5,003
(c) Two written reports indicating that the individual's 5,005
ability to practice has been assessed and that the individual has 5,006
been found capable of practicing according to acceptable and 5,007
prevailing standards of care. The reports shall be made by 5,008
individuals or providers approved by the board for making the 5,009
assessments and shall describe the basis for their determination. 5,010
The board may reinstate a certificate suspended under this 5,013
division after that demonstration and after the individual has 5,014
entered into a written consent agreement. 5,015
When the impaired practitioner resumes practice, the board 5,017
shall require continued monitoring of the individual. The 5,019
monitoring shall include, but not be limited to, compliance with 5,021
the written consent agreement entered into before reinstatement 5,022
or with conditions imposed by board order after a hearing, and, 5,023
upon termination of the consent agreement, submission to the 5,024
board for at least two years of annual written progress reports 5,025
made under penalty of perjury stating whether the individual has 5,026
maintained sobriety. 5,027
(27) A second or subsequent violation of section 4731.66 5,029
110
or 4731.69 of the Revised Code; 5,030
(28) Except as provided in division (N) of this section: 5,032
(a) Waiving the payment of all or any part of a deductible 5,035
or copayment that a patient, pursuant to a health insurance or 5,036
health care policy, contract, or plan that covers the 5,037
individual's services, otherwise would be required to pay if the 5,039
waiver is used as an enticement to a patient or group of patients 5,040
to receive health care services from that individual; 5,041
(b) Advertising that the individual will waive the payment 5,044
of all or any part of a deductible or copayment that a patient, 5,045
pursuant to a health insurance or health care policy, contract, 5,046
or plan that covers the individual's services, otherwise would be 5,048
required to pay. 5,049
(29) Failure to use universal blood and body fluid 5,051
precautions established by rules adopted under section 4731.051 5,052
of the Revised Code; 5,053
(30) Failure UNTIL TWO YEARS AFTER THE EFFECTIVE DATE OF 5,055
THIS AMENDMENT, FAILURE of a collaborating physician to perform 5,056
the responsibilities agreed to by the physician in the protocol 5,057
established between the physician and an advanced practice nurse 5,058
in accordance with section 4723.56 of the Revised Code; 5,059
(31) Failure to provide notice to, and receive 5,061
acknowledgment of the notice from, a patient when required by 5,063
section 4731.143 of the Revised Code prior to providing 5,064
nonemergency professional services, or failure to maintain that 5,065
notice in the patient's file;
(32) Failure of a physician supervising a physician 5,067
assistant to maintain supervision in accordance with the 5,068
requirements of Chapter 4730. of the Revised Code and the rules 5,069
adopted under that chapter;
(33) Failure of a physician or podiatrist to maintain a 5,071
standard care arrangement with a clinical nurse specialist, 5,072
certified nurse-midwife, or certified nurse practitioner with 5,073
whom the physician or podiatrist is in collaboration pursuant to 5,074
111
section 4731.27 of the Revised Code and practice in accordance 5,075
with the arrangement;
(34) Failure to comply with the terms of a consult 5,077
agreement entered into with a pharmacist pursuant to section 5,078
4729.39 of the Revised Code; 5,079
(35) Failure to cooperate in an investigation conducted by 5,081
the board under division (F) of this section, including failure 5,083
to comply with a subpoena or order issued by the board or failure 5,084
to answer truthfully a question presented by the board at a 5,085
deposition or in written interrogatories, except that failure to 5,086
cooperate with an investigation shall not constitute grounds for 5,087
discipline under this section if a court of competent 5,088
jurisdiction has issued an order that either quashes a subpoena 5,089
or permits the individual to withhold the testimony or evidence 5,090
in issue.
(C) Disciplinary actions taken by the board under 5,092
divisions (A) and (B) of this section shall be taken pursuant to 5,093
an adjudication under Chapter 119. of the Revised Code, except 5,094
that in lieu of an adjudication, the board may enter into a 5,095
consent agreement with an individual to resolve an allegation of 5,096
a violation of this chapter or any rule adopted under it. A 5,097
consent agreement, when ratified by an affirmative vote of not 5,098
fewer than six members of the board, shall constitute the 5,099
findings and order of the board with respect to the matter 5,100
addressed in the agreement. If the board refuses to ratify a 5,101
consent agreement, the admissions and findings contained in the 5,102
consent agreement shall be of no force or effect. 5,103
(D) For purposes of divisions (B)(10), (12), and (14) of 5,105
this section, the commission of the act may be established by a 5,106
finding by the board, pursuant to an adjudication under Chapter 5,108
119. of the Revised Code, that the individual committed the act.
The board does not have jurisdiction under those divisions if the 5,111
trial court renders a final judgment in the individual's favor
and that judgment is based upon an adjudication on the merits. 5,114
112
The board has jurisdiction under those divisions if the trial 5,115
court issues an order of dismissal upon technical or procedural 5,116
grounds.
(E) The sealing of conviction records by any court shall 5,118
have no effect upon a prior board order entered under this 5,119
section or upon the board's jurisdiction to take action under 5,120
this section if, based upon a plea of guilty, a judicial finding 5,122
of guilt, or a judicial finding of eligibility for treatment in 5,123
lieu of conviction, the board issued a notice of opportunity for 5,124
a hearing prior to the court's order to seal the records. The 5,125
board shall not be required to seal, destroy, redact, or 5,126
otherwise modify its records to reflect the court's sealing of 5,127
conviction records. 5,128
(F)(1) The board shall investigate evidence that appears 5,130
to show that a person has violated any provision of this chapter 5,132
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 5,134
appears to show a violation of any provision of this chapter or 5,135
any rule adopted under it. In the absence of bad faith, any 5,137
person who reports information of that nature or who testifies
before the board in any adjudication conducted under Chapter 119. 5,139
of the Revised Code shall not be liable in damages in a civil 5,140
action as a result of the report or testimony. Each complaint or 5,142
allegation of a violation received by the board shall be assigned 5,143
a case number and shall be recorded by the board. 5,144
(2) Investigations of alleged violations of this chapter 5,146
or any rule adopted under it shall be supervised by the 5,148
supervising member elected by the board in accordance with 5,149
section 4731.02 of the Revised Code and by the secretary as 5,150
provided in section 4731.39 of the Revised Code. The president
may designate another member of the board to supervise the 5,152
investigation in place of the supervising member. No member of
the board who supervises the investigation of a case shall 5,154
participate in further adjudication of the case.
113
(3) In investigating a possible violation of this chapter 5,157
or any rule adopted under this chapter, the board may administer 5,159
oaths, order the taking of depositions, issue subpoenas, and 5,160
compel the attendance of witnesses and production of books, 5,161
accounts, papers, records, documents, and testimony, except that 5,162
a subpoena for patient record information shall not be issued 5,163
without consultation with the attorney general's office and 5,164
approval of the secretary and supervising member of the board. 5,166
Before issuance of a subpoena for patient record information, the 5,167
secretary and supervising member shall determine whether there is 5,170
probable cause to believe that the complaint filed alleges a
violation of this chapter or any rule adopted under it and that 5,171
the records sought are relevant to the alleged violation and 5,173
material to the investigation. The subpoena may apply only to 5,174
records that cover a reasonable period of time surrounding the 5,175
alleged violation. 5,176
On failure to comply with any subpoena issued by the board 5,179
and after reasonable notice to the person being subpoenaed, the 5,180
board may move for an order compelling the production of persons 5,181
or records pursuant to the Rules of Civil Procedure. 5,182
A subpoena issued by the board may be served by a sheriff, 5,184
the sheriff's deputy, or a board employee designated by the 5,185
board. Service of a subpoena issued by the board may be made by 5,187
delivering a copy of the subpoena to the person named therein, 5,188
reading it to the person, or leaving it at the person's usual 5,189
place of residence. When the person being served is a person 5,190
whose practice is authorized by this chapter, service of the 5,191
subpoena may be made by certified mail, restricted delivery, 5,192
return receipt requested, and the subpoena shall be deemed served 5,193
on the date delivery is made or the date the person refuses to 5,194
accept delivery.
A sheriff's deputy who serves a subpoena shall receive the 5,196
same fees as a sheriff. Each witness who appears before the 5,198
board in obedience to a subpoena shall receive the fees and 5,200
114
mileage provided for witnesses in civil cases in the courts of 5,201
common pleas.
(4) All hearings and investigations of the board shall be 5,203
considered civil actions for the purposes of section 2305.251 of 5,204
the Revised Code. 5,205
(5) Information received by the board pursuant to an 5,207
investigation is confidential and not subject to discovery in any 5,208
civil action. 5,209
The board shall conduct all investigations and proceedings 5,211
in a manner that protects the confidentiality of patients and 5,213
persons who file complaints with the board. The board shall not 5,215
make public the names or any other identifying information about 5,216
patients or complainants unless proper consent is given or, in 5,217
the case of a patient, a waiver of the patient privilege exists 5,218
under division (B) of section 2317.02 of the Revised Code, except 5,219
that consent or a waiver of that nature is not required if the 5,220
board possesses reliable and substantial evidence that no bona 5,222
fide physician-patient relationship exists. 5,223
The board may share any information it receives pursuant to 5,226
an investigation, including patient records and patient record 5,227
information, with other licensing boards and governmental 5,228
agencies that are investigating alleged professional misconduct 5,229
and with law enforcement agencies and other governmental agencies 5,231
that are investigating or prosecuting alleged criminal offenses.
A board or agency that receives the information shall comply with 5,232
the same requirements regarding confidentiality as those with 5,233
which the state medical board must comply, notwithstanding any 5,234
conflicting provision of the Revised Code or procedure of the 5,236
board or agency that applies when the board or agency is dealing
with other information in its possession. The information may be 5,238
admitted into evidence in a criminal trial in accordance with the 5,239
Rules of Evidence, but the court shall require that appropriate 5,240
measures are taken to ensure that confidentiality is maintained 5,241
with respect to any part of the information that contains names 5,242
115
or other identifying information about patients or complainants
whose confidentiality was protected by the state medical board 5,243
when the information was in the board's possession. Measures to 5,244
ensure confidentiality that may be taken by the court include 5,245
sealing its records or deleting specific information from its 5,247
records.
(6) On a quarterly basis, the board shall prepare a report 5,249
that documents the disposition of all cases during the preceding 5,250
three months. The report shall contain the following information 5,251
for each case with which the board has completed its activities: 5,252
(a) The case number assigned to the complaint or alleged 5,254
violation; 5,255
(b) The type of certificate to practice, if any, held by 5,258
the individual against whom the complaint is directed; 5,259
(c) A description of the allegations contained in the 5,261
complaint; 5,262
(d) The disposition of the case. 5,264
The report shall state how many cases are still pending and 5,267
shall be prepared in a manner that protects the identity of each 5,269
person involved in each case. The report shall be a public 5,270
record under section 149.43 of the Revised Code.
(G) If the secretary and supervising member determine that 5,272
there is clear and convincing evidence that an individual has 5,274
violated division (B) of this section and that the individual's 5,275
continued practice presents a danger of immediate and serious 5,277
harm to the public, they may recommend that the board suspend the 5,278
individual's certificate to practice without a prior hearing. 5,280
Written allegations shall be prepared for consideration by the
board. 5,281
The board, upon review of those allegations and by an 5,283
affirmative vote of not fewer than six of its members, excluding 5,285
the secretary and supervising member, may suspend a certificate 5,286
without a prior hearing. A telephone conference call may be 5,287
utilized for reviewing the allegations and taking the vote on the 5,288
116
summary suspension. 5,289
The board shall issue a written order of suspension by 5,291
certified mail or in person in accordance with section 119.07 of 5,292
the Revised Code. The order shall not be subject to suspension 5,294
by the court during pendency of any appeal filed under section 5,295
119.12 of the Revised Code. If the individual subject to the 5,297
summary suspension requests an adjudicatory hearing by the board, 5,298
the date set for the hearing shall be within fifteen days, but 5,299
not earlier than seven days, after the individual requests the 5,301
hearing, unless otherwise agreed to by both the board and the 5,302
individual.
Any summary suspension imposed under this division shall 5,304
remain in effect, unless reversed on appeal, until a final 5,305
adjudicative order issued by the board pursuant to this section 5,306
and Chapter 119. of the Revised Code becomes effective. The 5,307
board shall issue its final adjudicative order within sixty days 5,308
after completion of its hearing. A failure to issue the order 5,309
within sixty days shall result in dissolution of the summary 5,310
suspension order but shall not invalidate any subsequent, final 5,311
adjudicative order. 5,312
(H) If the board takes action under division (B)(9), (11), 5,315
or (13) of this section and the judicial finding of guilt, guilty 5,316
plea, or judicial finding of eligibility for treatment in lieu of 5,317
conviction is overturned on appeal, upon exhaustion of the 5,319
criminal appeal, a petition for reconsideration of the order may 5,320
be filed with the board along with appropriate court documents. 5,321
Upon receipt of a petition of that nature and supporting court 5,322
documents, the board shall reinstate the individual's certificate 5,323
to practice. The board may then hold an adjudication under 5,324
Chapter 119. of the Revised Code to determine whether the 5,325
individual committed the act in question. Notice of an 5,327
opportunity for a hearing shall be given in accordance with 5,328
Chapter 119. of the Revised Code. If the board finds, pursuant 5,329
to an adjudication held under this division, that the individual 5,330
117
committed the act or if no hearing is requested, the board may 5,332
order any of the sanctions identified under division (B) of this 5,333
section.
(I) The certificate to practice issued to an individual 5,335
under this chapter and the individual's practice in this state 5,337
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 5,339
subject to a judicial finding of eligibility for treatment in 5,340
lieu of conviction for any of the following criminal offenses in 5,342
this state or a substantially equivalent criminal offense in 5,343
another jurisdiction: aggravated murder, murder, voluntary 5,344
manslaughter, felonious assault, kidnapping, rape, sexual 5,345
battery, gross sexual imposition, aggravated arson, aggravated 5,346
robbery, or aggravated burglary. Continued practice after 5,348
suspension shall be considered practicing without a certificate. 5,349
The board shall notify the individual subject to the 5,352
suspension by certified mail or in person in accordance with 5,353
section 119.07 of the Revised Code. If an individual whose 5,354
certificate is suspended under this division fails to make a 5,355
timely request for an adjudication under Chapter 119. of the 5,356
Revised Code, the board shall enter a final order permanently 5,357
revoking the individual's certificate to practice. 5,358
(J) If the board is required by Chapter 119. of the 5,361
Revised Code to give notice of an opportunity for a hearing and 5,362
if the individual subject to the notice does not timely request a 5,363
hearing in accordance with section 119.07 of the Revised Code, 5,365
the board is not required to hold a hearing, but may adopt, by an 5,366
affirmative vote of not fewer than six of its members, a final 5,368
order that contains the board's findings. In that final order, 5,369
the board may order any of the sanctions identified under 5,370
division (A) or (B) of this section. 5,371
(K) Any action taken by the board under division (B) of 5,373
this section resulting in a suspension from practice shall be 5,374
accompanied by a written statement of the conditions under which 5,375
118
the individual's certificate to practice may be reinstated. The 5,377
board shall adopt rules governing conditions to be imposed for 5,378
reinstatement. Reinstatement of a certificate suspended pursuant 5,379
to division (B) of this section requires an affirmative vote of 5,380
not fewer than six members of the board. 5,381
(L) When the board refuses to grant a certificate to an 5,384
applicant, revokes an individual's certificate to practice, 5,386
refuses to register an applicant, or refuses to reinstate an 5,387
individual's certificate to practice, the board may specify that 5,388
its action is permanent. An individual subject to a permanent 5,389
action taken by the board is forever thereafter ineligible to 5,390
hold a certificate to practice and the board shall not accept an 5,391
application for reinstatement of the certificate or for issuance 5,392
of a new certificate.
(M) Notwithstanding any other provision of the Revised 5,394
Code, all of the following apply: 5,395
(1) The surrender of a certificate issued under this 5,397
chapter shall not be effective unless or until accepted by the 5,399
board. Reinstatement of a certificate surrendered to the board 5,400
requires an affirmative vote of not fewer than six members of the 5,401
board.
(2) An application for a certificate made under the 5,404
provisions of this chapter may not be withdrawn without approval 5,406
of the board.
(3) Failure by an individual to renew a certificate of 5,409
registration in accordance with this chapter shall not remove or
limit the board's jurisdiction to take any disciplinary action 5,411
under this section against the individual. 5,412
(N) Sanctions shall not be imposed under division (B)(28) 5,415
of this section against any person who waives deductibles and 5,416
copayments as follows:
(1) In compliance with the health benefit plan that 5,418
expressly allows such a practice. Waiver of the deductibles or 5,419
copayments shall be made only with the full knowledge and consent 5,420
119
of the plan purchaser, payer, and third-party administrator. 5,421
Documentation of the consent shall be made available to the board 5,422
upon request.
(2) For professional services rendered to any other person 5,424
authorized to practice pursuant to this chapter, to the extent 5,426
allowed by this chapter and rules adopted by the board. 5,427
(O) Under the board's investigative duties described in 5,429
this section and subject to division (F) of this section, the 5,431
board shall develop and implement a quality intervention program 5,433
designed to improve through remedial education the clinical and 5,435
communication skills of individuals authorized under this chapter 5,436
to practice medicine and surgery, osteopathic medicine and
surgery, and podiatry. In developing and implementing the 5,438
quality intervention program, the board may do all of the 5,439
following:
(1) Offer in appropriate cases as determined by the board 5,441
an educational and assessment program pursuant to an 5,442
investigation the board conducts under this section; 5,443
(2) Select providers of educational and assessment 5,445
services, including a quality intervention program panel of case 5,446
reviewers;
(3) Make referrals to educational and assessment service 5,449
providers and approve individual educational programs recommended 5,450
by those providers. The board shall monitor the progress of each 5,451
individual undertaking a recommended individual educational 5,452
program. 5,453
(4) Determine what constitutes successful completion of an 5,455
individual educational program and require further monitoring of 5,456
the individual who completed the program or other action that the 5,458
board determines to be appropriate;
(5) Adopt rules in accordance with Chapter 119. of the 5,460
Revised Code to further implement the quality intervention 5,462
program.
An individual who participates in an individual educational 5,465
120
program pursuant to this division shall pay the financial 5,466
obligations arising from that educational program. 5,467
Section 2. That existing sections 2925.02, 2925.03, 5,469
2925.11, 2925.12, 2925.14, 2925.23, 2925.36, 3719.06, 3719.81, 5,470
4723.02, 4723.04, 4723.06, 4723.07, 4723.08, 4723.151, 4723.28, 5,472
4723.42, 4723.43, 4723.431, 4723.44, 4723.47, 4723.52, 4723.56, 5,473
4723.561, 4723.57, 4723.58, 4723.59, 4729.01, 4729.51, and 5,474
4731.22 of the Revised Code are hereby repealed. 5,475
Section 3. That Section 3 of Am. Sub. H.B. 478 of the 5,477
119th General Assembly, as most recently amended by Am. Sub. S.B. 5,478
154 of the 121st General Assembly, be amended to read as follows: 5,479
"Sec. 3. Sections 4723.51, 4723.52, 4723.53, 4723.54, 5,481
4723.55, 4723.56, 4723.57, 4723.58, 4723.59, and 4723.60 of the 5,482
Revised Code are hereby repealed, effective January 1, 2010." 5,483
Section 4. That existing Section 3 of Am. Sub. H.B. 478 of 5,485
the 119th General Assembly, as most recently amended by Am. Sub. 5,486
S.B. 154 of the 121st General Assembly, is hereby repealed. 5,487
Section 5. Sections 4723.56, 4723.561, 4723.57, and 5,489
4723.58 of the Revised Code are hereby repealed, effective two 5,490
years after the effective date of this act. 5,491
Section 6. Until two years after the effective date of 5,493
this act, the Board of Nursing shall issue a certificate under 5,494
section 4723.48 of the Revised Code to prescribe drugs and 5,495
therapeutic devices to a nurse who holds approval to prescribe 5,496
drugs and therapeutic devices granted under section 4723.56 of 5,497
the Revised Code and who meets all the requirements listed in 5,498
division (C) of section 4723.48 of the Revised Code, other than 5,499
the requirement that the nurse has successfully completed the
advanced pharmacology instruction required by division (A) of 5,500
that section.
Section 7. The amendment of section 4723.52 of the Revised 5,502
Code by this act shall take effect two years after the effective 5,503
date of this act.