As Passed by the House                        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-     11           

 BARNES-DAMSCHRODER-MOTTLEY-SCHULER-BUEHRER-CORBIN-BOYD-BARRETT-   12           

   SALERNO-GOODMAN-JERSE-FLANNERY-SYKES-WILSON-METELSKY-HEALY-     13           

                          PERRY-KILBANE                            14           


_________________________________________________________________   15           

                          A   B I L L                                           

             To amend sections 2925.02, 2925.03, 2925.11,          17           

                2925.12, 2925.14, 2925.23, 2925.36, 3719.06,       18           

                3719.81, 4723.02, 4732.04, 4723.06, 4723.07,                    

                4723.08, 4723.151, 4723.28, 4723.42, 4723.43,      20           

                4723.431, 4723.44, 4723.47, 4723.52, 4723.56,                   

                4723.561, 4723.57, 4723.58, 4723.59, 4729.01,      22           

                4729.51, and 4731.22; to enact sections 4723.48                 

                and 4723.49; and to repeal two years after the     23           

                effective date of this act sections 4723.56,       24           

                4723.561, 4723.57, and 4723.58 of the Revised      25           

                Code and to amend Section 3 of Am. Sub. H.B. 478                

                of the 119th General Assembly, as subsequently     26           

                amended, to permit clinical nurse specialists,     27           

                certified nurse-midwives, and certified nurse      28           

                practitioners to prescribe drugs and therapeutic   29           

                devices.                                                        




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        31           

      Section 1.  That sections 2925.02, 2925.03, 2925.11,         33           

2925.12, 2925.14, 2925.23, 2925.36, 3719.06, 3719.81, 4723.02,     34           

4723.04, 4723.06, 4723.07, 4723.08, 4723.151, 4723.28, 4723.42,    36           

                                                          2      


                                                                 
4723.43, 4723.431, 4723.44, 4723.47, 4723.52, 4723.56, 4723.561,   37           

4723.57, 4723.58, 4723.59, 4729.01, 4729.51, and 4731.22 be        38           

amended and sections 4723.48 and 4723.49 of the Revised Code be    39           

enacted to read as follows:                                                     

      Sec. 2925.02.  (A)  No person shall knowingly do any of the  48           

following:                                                         49           

      (1)  By force, threat, or deception, administer to another   51           

or induce or cause another to use a controlled substance;          52           

      (2)  By any means, administer or furnish to another or       54           

induce or cause another to use a controlled substance with         55           

purpose to cause serious physical harm to the other person, or     56           

with purpose to cause the other person to become drug dependent;   57           

      (3)  By any means, administer or furnish to another or       59           

induce or cause another to use a controlled substance, and         60           

thereby cause serious physical harm to the other person, or cause  61           

the other person to become drug dependent;                         62           

      (4)  By any means, do any of the following:                  64           

      (a)  Furnish or administer a controlled substance to a       66           

juvenile who is at least two years the offender's junior, when     68           

the offender knows the age of the juvenile or is reckless in that  69           

regard;                                                                         

      (b)  Induce or cause a juvenile who is at least two years    71           

the offender's junior to use a controlled substance, when the      73           

offender knows the age of the juvenile or is reckless in that      74           

regard;                                                                         

      (c)  Induce or cause a juvenile who is at least two years    76           

the offender's junior to commit a felony drug abuse offense, when  78           

the offender knows the age of the juvenile or is reckless in that  79           

regard;                                                            80           

      (d)  Use a juvenile, whether or not the offender knows the   82           

age of the juvenile, to perform any surveillance activity that is  83           

intended to prevent the detection of the offender or any other     84           

person in the commission of a felony drug abuse offense or to      85           

prevent the arrest of the offender or any other person for the     86           

                                                          3      


                                                                 
commission of a felony drug abuse offense.                         87           

      (B)  Division (A)(1), (3), or (4) of this section does not   89           

apply to manufacturers, wholesalers, licensed health               90           

professionals authorized to prescribe drugs, pharmacists, owners   92           

of pharmacies, and other persons whose conduct is in accordance    93           

with Chapters 3719., 4715., 4723., 4729., 4731., and 4741. of the  94           

Revised Code or section 4723.56 of the Revised Code.                            

      (C)  Whoever violates this section is guilty of corrupting   96           

another with drugs.  The penalty for the offense shall be          97           

determined as follows:                                             98           

      (1)  Except as otherwise provided in this division, if the   100          

drug involved is any compound, mixture, preparation, or substance  102          

included in schedule I or II, with the exception of marihuana,     103          

corrupting another with drugs is a felony of the second degree,    104          

and, subject to division (E) of this section, the court shall      105          

impose as a mandatory prison term one of the prison terms          107          

prescribed for a felony of the second degree.  If the drug                      

involved is any compound, mixture, preparation, or substance       108          

included in schedule I or II, with the exception of marihuana,     109          

and if the offense was committed in the vicinity of a school,      110          

corrupting another with drugs is a felony of the first degree,     111          

and, subject to division (E) of this section, the court shall      112          

impose as a mandatory prison term one of the prison terms          113          

prescribed for a felony of the first degree.                                    

      (2)  Except as otherwise provided in this division, if the   115          

drug involved is any compound, mixture, preparation, or substance  116          

included in schedule III, IV, or V, corrupting another with drugs  117          

is a felony of the second degree, and there is a presumption for   118          

a prison term for the offense.  If the drug involved is any        119          

compound, mixture, preparation, or substance included in schedule  120          

III, IV, or V and if the offense was committed in the vicinity of  121          

a school, corrupting another with drugs is a felony of the second  122          

degree, and the court shall impose as a mandatory prison term one  123          

of the prison terms prescribed for a felony of the second degree.  124          

                                                          4      


                                                                 
      (3)  Except as otherwise provided in this division, if the   126          

drug involved is marihuana, corrupting another with drugs is a     128          

felony of the fourth degree, and division (C) of section 2929.13   129          

of the Revised Code applies in determining whether to impose a     130          

prison term on the offender.  If the drug involved is marihuana    131          

and if the offense was committed in the vicinity of a school,      132          

corrupting another with drugs is a felony of the third degree,     133          

and division (C) of section 2929.13 of the Revised Code applies    134          

in determining whether to impose a prison term on the offender.    135          

      (D)  In addition to any prison term authorized or required   137          

by division (C) or (E) of this section and sections 2929.13 and    138          

2929.14 of the Revised Code and in addition to any other sanction  139          

imposed for the offense under this section or sections 2929.11 to  140          

2929.18 of the Revised Code, the court that sentences an offender  142          

who is convicted of or pleads guilty to a violation of division    143          

(A) of this section or the clerk of that court shall do all of     144          

the following that are applicable regarding the offender:                       

      (1)(a)  If the violation is a felony of the first, second,   147          

or third degree, the court shall impose upon the offender the                   

mandatory fine specified for the offense under division (B)(1) of  148          

section 2929.18 of the Revised Code unless, as specified in that   149          

division, the court determines that the offender is indigent.      150          

      (b)  Notwithstanding any contrary provision of section       152          

3719.21 of the Revised Code, any mandatory fine imposed pursuant   154          

to division (D)(1)(a) of this section and any fine imposed for a   155          

violation of this section pursuant to division (A) of section      156          

2929.18 of the Revised Code shall be paid by the clerk of the      157          

court in accordance with and subject to the requirements of, and   158          

shall be used as specified in, division (F) of section 2925.03 of  159          

the Revised Code.                                                               

      (c)  If a person is charged with any violation of this       161          

section that is a felony of the first, second, or third degree,    163          

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   164          

                                                          5      


                                                                 
this section as if it were a fine imposed for a violation of this  166          

section.                                                                        

      (2)  The court either shall revoke or, if it does not        169          

revoke, shall suspend for not less than six months or more than    170          

five years, the driver's or commercial driver's license or permit  171          

of any person who is convicted of or pleads guilty to a violation  172          

of this section that is a felony of the first degree and shall     173          

suspend for not less than six months nor more than five years the  174          

driver's or commercial driver's license or permit of any person    175          

who is convicted of or pleads guilty to any other violation of     176          

this section.  If an offender's driver's or commercial driver's    177          

license or permit is revoked pursuant to this division, the        178          

offender, at any time after the expiration of two years from the   179          

day on which the offender's sentence was imposed or from the day   180          

on which the offender finally was released from a prison term      181          

under the sentence, whichever is later, may file a motion with     182          

the sentencing court requesting termination of the revocation.     183          

Upon the filing of the motion and the court's finding of good      185          

cause for the termination, the court may terminate the             186          

revocation.                                                                     

      (3)  If the offender is a professionally licensed person or  188          

a person who has been admitted to the bar by order of the supreme  189          

court in compliance with its prescribed and published rules, in    190          

addition to any other sanction imposed for a violation of this     191          

section, the court forthwith shall comply with section 2925.38 of  192          

the Revised Code.                                                  193          

      (E)  Notwithstanding the prison term otherwise authorized    195          

or required for the offense under division (C) of this section     196          

and sections 2929.13 and 2929.14 of the Revised Code, if the       197          

violation of division (A) of this section involves the sale,       199          

offer to sell, or possession of a schedule I or II controlled      201          

substance, with the exception of marihuana, and if the offender,   203          

as a result of the violation, is a major drug offender, the        205          

court, in lieu of the prison term that otherwise is authorized or  206          

                                                          6      


                                                                 
required, shall impose upon the offender the mandatory prison      207          

term specified in division (D)(3)(a) of section 2929.14 of the     208          

Revised Code and may impose an additional prison term under        209          

division (D)(3)(b) of that section.                                210          

      Sec. 2925.03.  (A)  No person shall knowingly sell or offer  219          

to sell a controlled substance.                                    220          

      (B)  This section does not apply to any of the following:    222          

      (1)  Manufacturers, licensed health professionals            224          

authorized to prescribe drugs, pharmacists, owners of pharmacies,  226          

and other persons whose conduct is in accordance with Chapters     227          

3719., 4715., 4723., 4729., 4731., and 4741. or section 4723.56    228          

of the Revised Code;                                                            

      (2)  If the offense involves an anabolic steroid, any        230          

person who is conducting or participating in a research project    231          

involving the use of an anabolic steroid if the project has been   232          

approved by the United States food and drug administration;        233          

      (3)  Any person who sells, offers for sale, prescribes,      235          

dispenses, or administers for livestock or other nonhuman species  236          

an anabolic steroid that is expressly intended for administration  237          

through implants to livestock or other nonhuman species and        238          

approved for that purpose under the "Federal Food, Drug, and       239          

Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,  240          

and is sold, offered for sale, prescribed, dispensed, or           241          

administered for that purpose in accordance with that act.         242          

      (C)  Whoever violates division (A) of this section is        244          

guilty of one of the following:                                    245          

      (1)  If the drug involved in the violation is any compound,  248          

mixture, preparation, or substance included in schedule I or       249          

schedule II, with the exception of marihuana, cocaine, L.S.D.,     250          

heroin, and hashish, whoever violates division (A) of this         252          

section is guilty of aggravated trafficking in drugs.  The         253          

penalty for the offense shall be determined as follows:            254          

      (a)  Except as otherwise provided in division (C)(1)(b),     257          

(c), (d), (e), or (f) of this section, aggravated trafficking in   258          

                                                          7      


                                                                 
drugs is a felony of the fourth degree, and division (C) of        260          

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   262          

      (b)  Except as otherwise provided in division (C)(1)(c),     265          

(d), (e), or (f) of this section, if the offense was committed in  266          

the vicinity of a school or in the vicinity of a juvenile,         267          

aggravated trafficking in drugs is a felony of the third degree,   268          

and division (C) of section 2929.13 of the Revised Code applies                 

in determining whether to impose a prison term on the offender.    269          

      (c)  Except as otherwise provided in this division, if the   271          

amount of the drug involved exceeds the bulk amount but does not   273          

exceed five times the bulk amount, aggravated trafficking in       274          

drugs is a felony of the third degree, and the court shall impose  275          

as a mandatory prison term one of the prison terms prescribed for  276          

a felony of the third degree.  If the amount of the drug involved  277          

is within that range and if the offense was committed in the       278          

vicinity of a school or in the vicinity of a juvenile, aggravated  279          

trafficking in drugs is a felony of the second degree, and the     280          

court shall impose as a mandatory prison term one of the prison    281          

terms prescribed for a felony of the second degree.                282          

      (d)  Except as otherwise provided in this division, if the   284          

amount of the drug involved exceeds five times the bulk amount     286          

but does not exceed fifty times the bulk amount, aggravated        287          

trafficking in drugs is a felony of the second degree, and the                  

court shall impose as a mandatory prison term one of the prison    288          

terms prescribed for a felony of the second degree.  If the        289          

amount of the drug involved is within that range and if the        290          

offense was committed in the vicinity of a school or in the        291          

vicinity of a juvenile, aggravated trafficking in drugs is a       292          

felony of the first degree, and the court shall impose as a        293          

mandatory prison term one of the prison terms prescribed for a     294          

felony of the first degree.                                        295          

      (e)  If the amount of the drug involved exceeds fifty times  298          

the bulk amount but does not exceed one hundred times the bulk     299          

                                                          8      


                                                                 
amount and regardless of whether the offense was committed in the  300          

vicinity of a school or in the vicinity of a juvenile, aggravated  301          

trafficking in drugs is a felony of the first degree, and the      302          

court shall impose as a mandatory prison term one of the prison    303          

terms prescribed for a felony of the first degree.                 304          

      (f)  If the amount of the drug involved exceeds one hundred  307          

times the bulk amount and regardless of whether the offense was    308          

committed in the vicinity of a school or in the vicinity of a      309          

juvenile, aggravated trafficking in drugs is a felony of the       310          

first degree, and the court shall impose as a mandatory prison     311          

term the maximum prison term prescribed for a felony of the first  312          

degree and may impose an additional prison term prescribed for a   313          

major drug offender under division (D)(3)(b) of section 2929.14    314          

of the Revised Code.                                               315          

      (2)  If the drug involved in the violation is any compound,  318          

mixture, preparation, or substance included in schedule III, IV,   319          

or V, whoever violates division (A) of this section is guilty of   320          

trafficking in drugs.  The penalty for the offense shall be        321          

determined as follows:                                             322          

      (a)  Except as otherwise provided in division (C)(2)(b),     325          

(c), (d), or (e) of this section, trafficking in drugs is a        327          

felony of the fifth degree, and division (C) of section 2929.13    328          

of the Revised Code applies in determining whether to impose a     329          

prison term on the offender.                                                    

      (b)  Except as otherwise provided in division (C)(2)(c),     332          

(d), or (e) of this section, if the offense was committed in the   333          

vicinity of a school or in the vicinity of a juvenile,             334          

trafficking in drugs is a felony of the fourth degree, and         335          

division (C) of section 2929.13 of the Revised Code applies in     336          

determining whether to impose a prison term on the offender.       338          

      (c)  Except as otherwise provided in this division, if the   340          

amount of the drug involved exceeds the bulk amount but does not   342          

exceed five times the bulk amount, trafficking in drugs is a       343          

felony of the fourth degree, and there is a presumption for a      344          

                                                          9      


                                                                 
prison term for the offense.  If the amount of the drug involved   345          

is within that range and if the offense was committed in the       346          

vicinity of a school or in the vicinity of a juvenile,             347          

trafficking in drugs is a felony of the third degree, and there    348          

is a presumption for a prison term for the offense.                349          

      (d)  Except as otherwise provided in this division, if the   351          

amount of the drug involved exceeds five times the bulk amount     353          

but does not exceed fifty times the bulk amount, trafficking in    354          

drugs is a felony of the third degree, and there is a presumption  355          

for a prison term for the offense.  If the amount of the drug      356          

involved is within that range and if the offense was committed in  357          

the vicinity of a school or in the vicinity of a juvenile,         358          

trafficking in drugs is a felony of the second degree, and there   359          

is a presumption for a prison term for the offense.                360          

      (e)  Except as otherwise provided in this division, if the   362          

amount of the drug involved exceeds fifty times the bulk amount,   364          

trafficking in drugs is a felony of the second degree, and the     365          

court shall impose as a mandatory prison term one of the prison    366          

terms prescribed for a felony of the second degree.  If the        367          

amount of the drug involved exceeds fifty times the bulk amount    368          

and if the offense was committed in the vicinity of a school or    369          

in the vicinity of a juvenile, trafficking in drugs is a felony    370          

of the first degree, and the court shall impose as a mandatory     371          

prison term one of the prison terms prescribed for a felony of     372          

the first degree.                                                  373          

      (3)  If the drug involved in the violation is marihuana or   375          

a compound, mixture, preparation, or substance containing          376          

marihuana other than hashish, whoever violates division (A) of     378          

this section is guilty of trafficking in marihuana.  The penalty   379          

for the offense shall be determined as follows:                    380          

      (a)  Except as otherwise provided in division (C)(3)(b),     383          

(c), (d), (e), (f), or (g) of this section, trafficking in         384          

marihuana is a felony of the fifth degree, and division (C) of     387          

section 2929.13 of the Revised Code applies in determining                      

                                                          10     


                                                                 
whether to impose a prison term on the offender.                   388          

      (b)  Except as otherwise provided in division (C)(3)(c),     391          

(d), (e), (f), or (g) of this section, if the offense was          393          

committed in the vicinity of a school or in the vicinity of a      394          

juvenile, trafficking in marihuana is a felony of the fourth       395          

degree, and division (C) of section 2929.13 of the Revised Code    396          

applies in determining whether to impose a prison term on the      397          

offender.                                                                       

      (c)  Except as otherwise provided in this division, if the   399          

amount of the drug involved exceeds two hundred grams but does     401          

not exceed one thousand grams, trafficking in marihuana is a       402          

felony of the fourth degree, and division (C) of section 2929.13   403          

of the Revised Code applies in determining whether to impose a     405          

prison term on the offender.  If the amount of the drug involved   406          

is within that range and if the offense was committed in the       407          

vicinity of a school or in the vicinity of a juvenile,                          

trafficking in marihuana is a felony of the third degree, and      408          

division (C) of section 2929.13 of the Revised Code applies in     409          

determining whether to impose a prison term on the offender.       411          

      (d)  Except as otherwise provided in this division, if the   413          

amount of the drug involved exceeds one thousand grams but does    415          

not exceed five thousand grams, trafficking in marihuana is a      416          

felony of the third degree, and division (C) of section 2929.13    417          

of the Revised Code applies in determining whether to impose a     419          

prison term on the offender.  If the amount of the drug involved   420          

is within that range and if the offense was committed in the       421          

vicinity of a school or in the vicinity of a juvenile,             422          

trafficking in marihuana is a felony of the second degree, and     423          

there is a presumption that a prison term shall be imposed for     424          

the offense.                                                                    

      (e)  Except as otherwise provided in this division, if the   426          

amount of the drug involved exceeds five thousand grams but does   428          

not exceed twenty thousand grams, trafficking in marihuana is a    429          

felony of the third degree, and there is a presumption that a      430          

                                                          11     


                                                                 
prison term shall be imposed for the offense.  If the amount of    431          

the drug involved is within that range and if the offense was      432          

committed in the vicinity of a school or in the vicinity of a      433          

juvenile, trafficking in marihuana is a felony of the second       434          

degree, and there is a presumption that a prison term shall be     435          

imposed for the offense.                                           436          

      (f)  Except as otherwise provided in this division, if the   438          

amount of the drug involved exceeds twenty thousand grams,         440          

trafficking in marihuana is a felony of the second degree, and     441          

the court shall impose as a mandatory prison term the maximum      442          

prison term prescribed for a felony of the second degree.  If the  443          

amount of the drug involved exceeds twenty thousand grams and if   444          

the offense was committed in the vicinity of a school or in the    445          

vicinity of a juvenile, trafficking in marihuana is a felony of    446          

the first degree, and the court shall impose as a mandatory        447          

prison term the maximum prison term prescribed for a felony of     448          

the first degree.                                                  449          

      (g)  Except as otherwise provided in this division, if the   452          

offense involves a gift of twenty grams or less of marihuana,      453          

trafficking in marihuana is a minor misdemeanor upon a first       454          

offense and a misdemeanor of the third degree upon a subsequent    455          

offense.  If the offense involves a gift of twenty grams or less   456          

of marihuana and if the offense was committed in the vicinity of   457          

a school or in the vicinity of a juvenile, trafficking in          458          

marihuana is a misdemeanor of the third degree.                                 

      (4)  If the drug involved in the violation is cocaine or a   460          

compound, mixture, preparation, or substance containing cocaine,   461          

whoever violates division (A) of this section is guilty of         463          

trafficking in cocaine.  The penalty for the offense shall be                   

determined as follows:                                             464          

      (a)  Except as otherwise provided in division (C)(4)(b),     467          

(c), (d), (e), (f), or (g) of this section, trafficking in         468          

cocaine is a felony of the fifth degree, and division (C) of       470          

section 2929.13 of the Revised Code applies in determining                      

                                                          12     


                                                                 
whether to impose a prison term on the offender.                   472          

      (b)  Except as otherwise provided in division (C)(4)(c),     475          

(d), (e), (f), or (g) of this section, if the offense was          476          

committed in the vicinity of a school or in the vicinity of a      478          

juvenile, trafficking in cocaine is a felony of the fourth         479          

degree, and division (C) of section 2929.13 of the Revised Code    480          

applies in determining whether to impose a prison term on the      482          

offender.                                                                       

      (c)  Except as otherwise provided in this division, if the   484          

amount of the drug involved exceeds five grams but does not        485          

exceed ten grams of cocaine that is not crack cocaine or exceeds   487          

one gram but does not exceed five grams of crack cocaine,          489          

trafficking in cocaine is a felony of the fourth degree, and       490          

there is a presumption for a prison term for the offense.  If the  491          

amount of the drug involved is within one of those ranges and if   492          

the offense was committed in the vicinity of a school or in the    493          

vicinity of a juvenile, trafficking in cocaine is a felony of the  494          

third degree, and there is a presumption for a prison term for     495          

the offense.                                                                    

      (d)  Except as otherwise provided in this division, if the   497          

amount of the drug involved exceeds ten grams but does not exceed  498          

one hundred grams of cocaine that is not crack cocaine or exceeds  500          

five grams but does not exceed ten grams of crack cocaine,         501          

trafficking in cocaine is a felony of the third degree, and the    502          

court shall impose as a mandatory prison term one of the prison    503          

terms prescribed for a felony of the third degree.  If the amount  504          

of the drug involved is within one of those ranges and if the      505          

offense was committed in the vicinity of a school or in the        507          

vicinity of a juvenile, trafficking in cocaine is a felony of the  510          

second degree, and the court shall impose as a mandatory prison    511          

term one of the prison terms prescribed for a felony of the        512          

second degree.                                                                  

      (e)  Except as otherwise provided in this division, if the   514          

amount of the drug involved exceeds one hundred grams but does     515          

                                                          13     


                                                                 
not exceed five hundred grams of cocaine that is not crack         516          

cocaine or exceeds ten grams but does not exceed twenty-five       518          

grams of crack cocaine, trafficking in cocaine is a felony of the  520          

second degree, and the court shall impose as a mandatory prison    521          

term one of the prison terms prescribed for a felony of the        522          

second degree.  If the amount of the drug involved is within one   523          

of those ranges and if the offense was committed in the vicinity   524          

of a school or in the vicinity of a juvenile, trafficking in       526          

cocaine is a felony of the first degree, and the court shall       528          

impose as a mandatory prison term one of the prison terms          529          

prescribed for a felony of the first degree.                       530          

      (f)  If the amount of the drug involved exceeds five         533          

hundred grams but does not exceed one thousand grams of cocaine    534          

that is not crack cocaine or exceeds twenty-five grams but does    535          

not exceed one hundred grams of crack cocaine and regardless of    536          

whether the offense was committed in the vicinity of a school or   537          

in the vicinity of a juvenile, trafficking in cocaine is a felony  540          

of the first degree, and the court shall impose as a mandatory     541          

prison term one of the prison terms prescribed for a felony of     542          

the first degree.                                                               

      (g)  If the amount of the drug involved exceeds one          545          

thousand grams of cocaine that is not crack cocaine or exceeds     546          

one hundred grams of crack cocaine and regardless of whether the   548          

offense was committed in the vicinity of a school or in the        549          

vicinity of a juvenile, trafficking in cocaine is a felony of the  550          

first degree, and the court shall impose as a mandatory prison     551          

term the maximum prison term prescribed for a felony of the first  552          

degree and may impose an additional mandatory prison term          553          

prescribed for a major drug offender under division (D)(3)(b) of   555          

section 2929.14 of the Revised Code.                                            

      (5)  If the drug involved in the violation is L.S.D. or a    558          

compound, mixture, preparation, or substance containing L.S.D.,    559          

whoever violates division (A) of this section is guilty of         560          

trafficking in L.S.D.  The penalty for the offense shall be        562          

                                                          14     


                                                                 
determined as follows:                                                          

      (a)  Except as otherwise provided in division (C)(5)(b),     565          

(c), (d), (e), (f), or (g) of this section, trafficking in L.S.D.  567          

is a felony of the fifth degree, and division (C) of section       568          

2929.13 of the Revised Code applies in determining whether to      570          

impose a prison term on the offender.                                           

      (b)  Except as otherwise provided in division (C)(5)(c),     573          

(d), (e), (f), or (g) of this section, if the offense was          574          

committed in the vicinity of a school or in the vicinity of a      575          

juvenile, trafficking in L.S.D. is a felony of the fourth degree,  577          

and division (C) of section 2929.13 of the Revised Code applies                 

in determining whether to impose a prison term on the offender.    578          

      (c)  Except as otherwise provided in this division, if the   580          

amount of the drug involved exceeds ten unit doses but does not    582          

exceed fifty unit doses of L.S.D. in a solid form or exceeds one   583          

gram but does not exceed five grams of L.S.D. in a liquid          585          

concentrate, liquid extract, or liquid distillate form,            587          

trafficking in L.S.D. is a felony of the fourth degree, and there  590          

is a presumption for a prison term for the offense.  If the        591          

amount of the drug involved is within that range and if the                     

offense was committed in the vicinity of a school or in the        592          

vicinity of a juvenile, trafficking in L.S.D. is a felony of the   594          

third degree, and there is a presumption for a prison term for     595          

the offense.                                                                    

      (d)  Except as otherwise provided in this division, if the   597          

amount of the drug involved exceeds fifty unit doses but does not  599          

exceed two hundred fifty unit doses of L.S.D. in a solid form or   600          

exceeds five grams but does not exceed twenty-five grams of        602          

L.S.D. in a liquid concentrate, liquid extract, or liquid          604          

distillate form, trafficking in L.S.D. is a felony of the third    607          

degree, and the court shall impose as a mandatory prison term one  608          

of the prison terms prescribed for a felony of the third degree.   609          

If the amount of the drug involved is within that range and if     610          

the offense was committed in the vicinity of a school or in the    611          

                                                          15     


                                                                 
vicinity of a juvenile, trafficking in L.S.D. is a felony of the   613          

second degree, and the court shall impose as a mandatory prison    614          

term one of the prison terms prescribed for a felony of the        615          

second degree.                                                                  

      (e)  Except as otherwise provided in this division, if the   617          

amount of the drug involved exceeds two hundred fifty unit doses   619          

but does not exceed one thousand unit doses of L.S.D. in a solid   621          

form or exceeds twenty-five grams but does not exceed one hundred  623          

grams of L.S.D. in a liquid concentrate, liquid extract, or        625          

liquid distillate form, trafficking in L.S.D. is a felony of the   627          

second degree, and the court shall impose as a mandatory prison    628          

term one of the prison terms prescribed for a felony of the        629          

second degree.  If the amount of the drug involved is within that  630          

range and if the offense was committed in the vicinity of a        631          

school or in the vicinity of a juvenile, trafficking in L.S.D. is  633          

a felony of the first degree, and the court shall impose as a      634          

mandatory prison term one of the prison terms prescribed for a     635          

felony of the first degree.                                                     

      (f)  If the amount of the drug involved exceeds one          638          

thousand unit doses but does not exceed five thousand unit doses   639          

of L.S.D. in a solid form or exceeds one hundred grams but does    642          

not exceed five hundred grams of L.S.D. in a liquid concentrate,   644          

liquid extract, or liquid distillate form and regardless of        645          

whether the offense was committed in the vicinity of a school or   646          

in the vicinity of a juvenile, trafficking in L.S.D. is a felony   647          

of the first degree, and the court shall impose as a mandatory     648          

prison term one of the prison terms prescribed for a felony of     649          

the first degree.                                                  650          

      (g)  If the amount of the drug involved exceeds five         653          

thousand unit doses of L.S.D. in a solid form or exceeds five      654          

hundred grams of L.S.D. in a liquid concentrate, liquid extract,   656          

or liquid distillate form and regardless of whether the offense    659          

was committed in the vicinity of a school or in the vicinity of a  660          

juvenile, trafficking in L.S.D. is a felony of the first degree,   663          

                                                          16     


                                                                 
and the court shall impose as a mandatory prison term the maximum  664          

prison term prescribed for a felony of the first degree and may    665          

impose an additional mandatory prison term prescribed for a major  666          

drug offender under division (D)(3)(b) of section 2929.14 of the   668          

Revised Code.                                                                   

      (6)  If the drug involved in the violation is heroin or a    670          

compound, mixture, preparation, or substance containing heroin,    671          

whoever violates division (A) of this section is guilty of         673          

trafficking in heroin.  The penalty for the offense shall be                    

determined as follows:                                             674          

      (a)  Except as otherwise provided in division (C)(6)(b),     677          

(c), (d), (e), (f), or (g) of this section, trafficking in heroin  679          

is a felony of the fifth degree, and division (C) of section       680          

2929.13 of the Revised Code applies in determining whether to                   

impose a prison term on the offender.                              682          

      (b)  Except as otherwise provided in division (C)(6)(c),     685          

(d), (e), (f), or (g) of this section, if the offense was          686          

committed in the vicinity of a school or in the vicinity of a      689          

juvenile, trafficking in heroin is a felony of the fourth degree,  690          

and division (C) of section 2929.13 of the Revised Code applies    692          

in determining whether to impose a prison term on the offender.                 

      (c)  Except as otherwise provided in this division, if the   694          

amount of the drug involved exceeds one gram but does not exceed   696          

five grams, trafficking in heroin is a felony of the fourth        697          

degree, and there is a presumption for a prison term for the       698          

offense.  If the amount of the drug involved is within that range  699          

and if the offense was committed in the vicinity of a school or    700          

in the vicinity of a juvenile, trafficking in heroin is a felony   701          

of the third degree, and there is a presumption for a prison term  702          

for the offense.                                                   703          

      (d)  Except as otherwise provided in this division, if the   705          

amount of the drug involved exceeds five grams but does not        707          

exceed ten grams, trafficking in heroin is a felony of the third   708          

degree, and there is a presumption for a prison term for the       709          

                                                          17     


                                                                 
offense.  If the amount of the drug involved is within that range  710          

and if the offense was committed in the vicinity of a school or    711          

in the vicinity of a juvenile, trafficking in heroin is a felony   712          

of the second degree, and there is a presumption for a prison      713          

term for the offense.                                              714          

      (e)  Except as otherwise provided in this division, if the   716          

amount of the drug involved exceeds ten grams but does not exceed  718          

fifty grams, trafficking in heroin is a felony of the second       719          

degree, and the court shall impose as a mandatory prison term one  720          

of the prison terms prescribed for a felony of the second degree.  721          

If the amount of the drug involved is within that range and if     722          

the offense was committed in the vicinity of a school or in the    723          

vicinity of a juvenile, trafficking in heroin is a felony of the   724          

first degree, and the court shall impose as a mandatory prison     725          

term one of the prison terms prescribed for a felony of the first  726          

degree.                                                            727          

      (f)  If the amount of the drug involved exceeds fifty grams  730          

but does not exceed two hundred fifty grams and regardless of                   

whether the offense was committed in the vicinity of a school or   731          

in the vicinity of a juvenile, trafficking in heroin is a felony   733          

of the first degree, and the court shall impose as a mandatory     734          

prison term one of the prison terms prescribed for a felony of     735          

the first degree.                                                               

      (g)  If the amount of the drug involved exceeds two hundred  738          

fifty grams and regardless of whether the offense was committed                 

in the vicinity of a school or in the vicinity of a juvenile,      739          

trafficking in heroin is a felony of the first degree, and the     742          

court shall impose as a mandatory prison term the maximum prison   743          

term prescribed for a felony of the first degree and may impose    744          

an additional mandatory prison term prescribed for a major drug    745          

offender under division (D)(3)(b) of section 2929.14 of the        746          

Revised Code.                                                      747          

      (7)  If the drug involved in the violation is hashish or a   749          

compound, mixture, preparation, or substance containing hashish,   750          

                                                          18     


                                                                 
whoever violates division (A) of this section is guilty of         752          

trafficking in hashish.  The penalty for the offense shall be                   

determined as follows:                                             753          

      (a)  Except as otherwise provided in division (C)(7)(b),     756          

(c), (d), (e), or (f) of this section, trafficking in hashish is   758          

a felony of the fifth degree, and division (C) of section 2929.13  759          

of the Revised Code applies in determining whether to impose a     761          

prison term on the offender.                                                    

      (b)  Except as otherwise provided in division (C)(7)(c),     764          

(d), (e), or (f) of this section, if the offense was committed in  765          

the vicinity of a school or in the vicinity of a juvenile,         767          

trafficking in hashish is a felony of the fourth degree, and       768          

division (C) of section 2929.13 of the Revised Code applies in     769          

determining whether to impose a prison term on the offender.       770          

      (c)  Except as otherwise provided in this division, if the   772          

amount of the drug involved exceeds ten grams but does not exceed  773          

fifty grams of hashish in a solid form or exceeds two grams but    774          

does not exceed ten grams of hashish in a liquid concentrate,      775          

liquid extract, or liquid distillate form, trafficking in hashish  776          

is a felony of the fourth degree, and division (C) of section      777          

2929.13 of the Revised Code applies in determining whether to      778          

impose a prison term on the offender.  If the amount of the drug   779          

involved is within that range and if the offense was committed in  780          

the vicinity of a school or in the vicinity of a juvenile,         781          

trafficking in hashish is a felony of the third degree, and        782          

division (C) of section 2929.13 of the Revised Code applies in     783          

determining whether to impose a prison term on the offender.                    

      (d)  Except as otherwise provided in this division, if the   785          

amount of the drug involved exceeds fifty grams but does not       786          

exceed two hundred fifty grams of hashish in a solid form or       787          

exceeds ten grams but does not exceed fifty grams of hashish in a  788          

liquid concentrate, liquid extract, or liquid distillate form,     789          

trafficking in hashish is a felony of the third degree, and        791          

division (C) of section 2929.13 of the Revised Code applies in                  

                                                          19     


                                                                 
determining whether to impose a prison term on the offender.  If   792          

the amount of the drug involved is within that range and if the    794          

offense was committed in the vicinity of a school or in the        795          

vicinity of a juvenile, trafficking in hashish is a felony of the  796          

second degree, and there is a presumption that a prison term       797          

shall be imposed for the offense.                                               

      (e)  Except as otherwise provided in this division, if the   799          

amount of the drug involved exceeds two hundred fifty grams but    800          

does not exceed one thousand grams of hashish in a solid form or   801          

exceeds fifty grams but does not exceed two hundred grams of       802          

hashish in a liquid concentrate, liquid extract, or liquid         804          

distillate form, trafficking in hashish is a felony of the third   805          

degree, and there is a presumption that a prison term shall be                  

imposed for the offense.  If the amount of the drug involved is    806          

within that range and if the offense was committed in the          807          

vicinity of a school or in the vicinity of a juvenile,             808          

trafficking in hashish is a felony of the second degree, and       809          

there is a presumption that a prison term shall be imposed for     810          

the offense.                                                                    

      (f)  Except as otherwise provided in this division, if the   812          

amount of the drug involved exceeds one thousand grams of hashish  814          

in a solid form or exceeds two hundred grams of hashish in a       815          

liquid concentrate, liquid extract, or liquid distillate form,                  

trafficking in hashish is a felony of the second degree, and the   817          

court shall impose as a mandatory prison term the maximum prison   818          

term prescribed for a felony of the second degree.  If the amount  819          

of the drug involved exceeds one thousand grams of hashish in a    821          

solid form or exceeds two hundred grams of hashish in a liquid     822          

concentrate, liquid extract, or liquid distillate form and if the  823          

offense was committed in the vicinity of a school or in the                     

vicinity of a juvenile, trafficking in hashish is a felony of the  825          

first degree, and the court shall impose as a mandatory prison     826          

term the maximum prison term prescribed for a felony of the first  827          

degree.                                                                         

                                                          20     


                                                                 
      (D)  In addition to any prison term authorized or required   830          

by division (C) of this section and sections 2929.13 and 2929.14   831          

of the Revised Code, and in addition to any other sanction         832          

imposed for the offense under this section or sections 2929.11 to  833          

2929.18 of the Revised Code, the court that sentences an offender  834          

who is convicted of or pleads guilty to a violation of division    835          

(A) of this section shall do all of the following that are         837          

applicable regarding the offender:                                              

      (1)  If the violation of division (A) of this section is a   840          

felony of the first, second, or third degree, the court shall      841          

impose upon the offender the mandatory fine specified for the      842          

offense under division (B)(1) of section 2929.18 of the Revised    843          

Code unless, as specified in that division, the court determines   844          

that the offender is indigent.  Except as otherwise provided in    845          

division (H)(1) of this section, a mandatory fine or any other     846          

fine imposed for a violation of this section is subject to         847          

division (F) of this section.  If a person is charged with a       848          

violation of this section that is a felony of the first, second,   849          

or third degree, posts bail, and forfeits the bail, the clerk of   850          

the court shall pay the forfeited bail pursuant to divisions       852          

(D)(1) and (F) of this section, as if the forfeited bail was a     853          

fine imposed for a violation of this section.  If any amount of    854          

the forfeited bail remains after that payment and if a fine is     855          

imposed under division (H)(1) of this section, the clerk of the    856          

court shall pay the remaining amount of the forfeited bail         857          

pursuant to divisions (H)(2) and (3) of this section, as if that   858          

remaining amount was a fine imposed under division (H)(1) of this               

section.                                                           859          

      (2)  The court shall revoke or suspend the driver's or       861          

commercial driver's license or permit of the offender in           862          

accordance with division (G) of this section.                      863          

      (3)  If the offender is a professionally licensed person or  866          

a person who has been admitted to the bar by order of the supreme  867          

court in compliance with its prescribed and published rules, the   868          

                                                          21     


                                                                 
court forthwith shall comply with section 2925.38 of the Revised   869          

Code.                                                                           

      (E)  When a person is charged with the sale of or offer to   872          

sell a bulk amount or a multiple of a bulk amount of a controlled  873          

substance, the jury, or the court trying the accused, shall        875          

determine the amount of the controlled substance involved at the   876          

time of the offense and, if a guilty verdict is returned, shall    877          

return the findings as part of the verdict.  In any such case, it  878          

is unnecessary to find and return the exact amount of the          879          

controlled substance involved, and it is sufficient if the                      

finding and return is to the effect that the amount of the         880          

controlled substance involved is the requisite amount, or that     882          

the amount of the controlled substance involved is less than the   883          

requisite amount.                                                  884          

      (F)(1)  Notwithstanding any contrary provision of section    886          

3719.21 of the Revised Code and except as provided in division     887          

(H) of this section, the clerk of the court shall pay any          888          

mandatory fine imposed pursuant to division (D)(1) of this         889          

section and any fine other than a mandatory fine that is imposed   890          

for a violation of this section pursuant to division (A) or        891          

(B)(5) of section 2929.18 of the Revised Code to the county,       893          

township, municipal corporation, park district, as created         894          

pursuant to section 511.18 or 1545.04 of the Revised Code, or      895          

state law enforcement agencies in this state that primarily were   896          

responsible for or involved in making the arrest of, and in        897          

prosecuting, the offender.  However, the clerk shall not pay a     898          

mandatory fine so imposed to a law enforcement agency unless the   899          

agency has adopted a written internal control policy under         900          

division (F)(2) of this section that addresses the use of the      902          

fine moneys that it receives.  Each agency shall use the           904          

mandatory fines so paid to subsidize the agency's law enforcement               

efforts that pertain to drug offenses, in accordance with the      906          

written internal control policy adopted by the recipient agency    907          

under division (F)(2) of this section.                             908          

                                                          22     


                                                                 
      (2)(a)  Prior to receiving any fine moneys under division    910          

(F)(1) of this section or division (B)(5) of section 2925.42 of    911          

the Revised Code, a law enforcement agency shall adopt a written   912          

internal control policy that addresses the agency's use and        913          

disposition of all fine moneys so received and that provides for   914          

the keeping of detailed financial records of the receipts of       915          

those fine moneys, the general types of expenditures made out of   916          

those fine moneys, and the specific amount of each general type    917          

of expenditure.  The policy shall not provide for or permit the    918          

identification of any specific expenditure that is made in an      919          

ongoing investigation.  All financial records of the receipts of   920          

those fine moneys, the general types of expenditures made out of   921          

those fine moneys, and the specific amount of each general type    922          

of expenditure by an agency are public records open for            923          

inspection under section 149.43 of the Revised Code.               924          

Additionally, a written internal control policy adopted under      925          

this division is such a public record, and the agency that         926          

adopted it shall comply with it.                                   927          

      (b)  Each law enforcement agency that receives in any        929          

calendar year any fine moneys under division (F)(1) of this        930          

section or division (B)(5) of section 2925.42 of the Revised Code  931          

shall prepare a report covering the calendar year that cumulates   932          

all of the information contained in all of the public financial    933          

records kept by the agency pursuant to division (F)(2)(a) of this  934          

section for that calendar year, and shall send a copy of the       935          

cumulative report, no later than the first day of March in the     936          

calendar year following the calendar year covered by the report,   937          

to the attorney general.  Each report received by the attorney     938          

general is a public record open for inspection under section       939          

149.43 of the Revised Code.  Not later than the fifteenth day of   941          

April in the calendar year in which the reports are received, the  942          

attorney general shall send to the president of the senate and     944          

the speaker of the house of representatives a written              945          

notification that does all of the following:                                    

                                                          23     


                                                                 
      (i)  Indicates that the attorney general has received from   947          

law enforcement agencies reports of the type described in this     948          

division that cover the previous calendar year and indicates that  951          

the reports were received under this division;                     952          

      (ii)  Indicates that the reports are open for inspection     955          

under section 149.43 of the Revised Code;                          956          

      (iii)  Indicates that the attorney general will provide a    959          

copy of any or all of the reports to the president of the senate   960          

or the speaker of the house of representatives upon request.       961          

      (3)  As used in division (F) of this section:                964          

      (a)  "Law enforcement agencies" includes, but is not         966          

limited to, the state board of pharmacy and the office of a        967          

prosecutor.                                                        968          

      (b)  "Prosecutor" has the same meaning as in section         970          

2935.01 of the Revised Code.                                       971          

      (G)  When required under division (D)(2) of this section,    975          

the court either shall revoke or, if it does not revoke, shall     976          

suspend for not less than six months or more than five years, the  977          

driver's or commercial driver's license or permit of any person    979          

who is convicted of or pleads guilty to a violation of this        981          

section that is a felony of the first degree and shall suspend     982          

for not less than six months or more than five years the driver's  984          

or commercial driver's license or permit of any person who is      986          

convicted of or pleads guilty to any other violation of this       987          

section.  If an offender's driver's or commercial driver's         988          

license or permit is revoked pursuant to this division, the        990          

offender, at any time after the expiration of two years from the   991          

day on which the offender's sentence was imposed or from the day   992          

on which the offender finally was released from a prison term      995          

under the sentence, whichever is later, may file a motion with     996          

the sentencing court requesting termination of the revocation;     997          

upon the filing of such a motion and the court's finding of good   998          

cause for the termination, the court may terminate the             999          

revocation.                                                                     

                                                          24     


                                                                 
      (H)(1)  In addition to any prison term authorized or         1,002        

required by division (C) of this section and sections 2929.13 and  1,003        

2929.14 of the Revised Code, in addition to any other penalty or   1,005        

sanction imposed for the offense under this section or sections    1,006        

2929.11 to 2929.181 of the Revised Code, and in addition to the    1,007        

forfeiture of property in connection with the offense as           1,008        

prescribed in sections 2925.42 to 2925.45 of the Revised Code,     1,010        

the court that sentences an offender who is convicted of or        1,011        

pleads guilty to a violation of division (A) of this section may   1,012        

impose upon the offender an additional fine specified for the      1,013        

offense in division (B)(4) of section 2929.18 of the Revised       1,015        

Code.  A fine imposed under division (H)(1) of this section is     1,017        

not subject to division (F) of this section and shall be used      1,018        

solely for the support of one or more eligible alcohol and drug    1,019        

addiction programs in accordance with divisions (H)(2) and (3) of  1,020        

this section.                                                                   

      (2)  The court that imposes a fine under division (H)(1) of  1,023        

this section shall specify in the judgment that imposes the fine   1,024        

one or more eligible alcohol and drug addiction programs for the   1,025        

support of which the fine money is to be used.  No alcohol and     1,026        

drug addiction program shall receive or use money paid or          1,027        

collected in satisfaction of a fine imposed under division (H)(1)  1,029        

of this section unless the program is specified in the judgment    1,030        

that imposes the fine.  No alcohol and drug addiction program      1,031        

shall be specified in the judgment unless the program is an        1,032        

eligible alcohol and drug addiction program and, except as         1,033        

otherwise provided in division (H)(2) of this section, unless the  1,035        

program is located in the county in which the court that imposes   1,036        

the fine is located or in a county that is immediately contiguous  1,037        

to the county in which that court is located.  If no eligible      1,038        

alcohol and drug addiction program is located in any of those      1,039        

counties, the judgment may specify an eligible alcohol and drug    1,040        

addiction program that is located anywhere within this state.      1,041        

      (3)  Notwithstanding any contrary provision of section       1,043        

                                                          25     


                                                                 
3719.21 of the Revised Code, the clerk of the court shall pay any  1,045        

fine imposed under division (H)(1) of this section to the          1,046        

eligible alcohol and drug addiction program specified pursuant to  1,047        

division (H)(2) of this section in the judgment.  The eligible     1,048        

alcohol and drug addiction program that receives the fine moneys   1,049        

shall use the moneys only for the alcohol and drug addiction       1,050        

services identified in the application for certification under     1,051        

section 3793.06 of the Revised Code or in the application for a    1,052        

license under section 3793.11 of the Revised Code filed with the   1,054        

department of alcohol and drug addiction services by the alcohol                

and drug addiction program specified in the judgment.              1,055        

      (4)  Each alcohol and drug addiction program that receives   1,057        

in a calendar year any fine moneys under division (H)(3) of this   1,059        

section shall file an annual report covering that calendar year    1,060        

with the court of common pleas and the board of county             1,061        

commissioners of the county in which the program is located, with  1,062        

the court of common pleas and the board of county commissioners    1,063        

of each county from which the program received the moneys if that  1,064        

county is different from the county in which the program is                     

located, and with the attorney general.  The alcohol and drug      1,065        

addiction program shall file the report no later than the first    1,066        

day of March in the calendar year following the calendar year in   1,068        

which the program received the fine moneys.  The report shall      1,069        

include statistics on the number of persons served by the alcohol  1,070        

and drug addiction program, identify the types of alcohol and      1,071        

drug addiction services provided to those persons, and include a   1,072        

specific accounting of the purposes for which the fine moneys      1,073        

received were used.  No information contained in the report shall  1,074        

identify, or enable a person to determine the identity of, any     1,075        

person served by the alcohol and drug addiction program.  Each     1,076        

report received by a court of common pleas, a board of county      1,077        

commissioners, or the attorney general is a public record open     1,078        

for inspection under section 149.43 of the Revised Code.           1,079        

      (5)  As used in divisions (H)(1) to (5) of this section:     1,081        

                                                          26     


                                                                 
      (a)  "Alcohol and drug addiction program" and "alcohol and   1,084        

drug addiction services" have the same meanings as in section      1,085        

3793.01 of the Revised Code.                                                    

      (b)  "Eligible alcohol and drug addiction program" means an  1,088        

alcohol and drug addiction program that is certified under         1,089        

section 3793.06 of the Revised Code or licensed under section      1,090        

3793.11 of the Revised Code by the department of alcohol and drug  1,092        

addiction services.                                                             

      Sec. 2925.11.  (A)  No person shall knowingly obtain,        1,101        

possess, or use a controlled substance.                            1,102        

      (B)  This section does not apply to any of the following:    1,104        

      (1)  Manufacturers, licensed health professionals            1,106        

authorized to prescribe drugs, pharmacists, owners of pharmacies,  1,108        

and other persons whose conduct was in accordance with Chapters    1,109        

3719., 4715., 4723., 4729., 4731., and 4741. or section 4723.56    1,110        

of the Revised Code;                                                            

      (2)  If the offense involves an anabolic steroid, any        1,112        

person who is conducting or participating in a research project    1,113        

involving the use of an anabolic steroid if the project has been   1,114        

approved by the United States food and drug administration;        1,115        

      (3)  Any person who sells, offers for sale, prescribes,      1,117        

dispenses, or administers for livestock or other nonhuman species  1,118        

an anabolic steroid that is expressly intended for administration  1,119        

through implants to livestock or other nonhuman species and        1,120        

approved for that purpose under the "Federal Food, Drug, and       1,121        

Cosmetic Act," 52 Stat. 1040 (1938), 21 U.S.C.A. 301, as amended,  1,122        

and is sold, offered for sale, prescribed, dispensed, or           1,123        

administered for that purpose in accordance with that act;         1,124        

      (4)  Any person who obtained the controlled substance        1,126        

pursuant to a prescription issued by a licensed health             1,127        

professional authorized to prescribe drugs, where the drug is in   1,129        

the original container in which it was dispensed to such person.   1,130        

      (C)  Whoever violates division (A) of this section is        1,132        

guilty of one of the following:                                    1,133        

                                                          27     


                                                                 
      (1)  If the drug involved in the violation is a compound,    1,135        

mixture, preparation, or substance included in schedule I or II,   1,136        

with the exception of marihuana, cocaine, L.S.D., heroin, and      1,139        

hashish, whoever violates division (A) of this section is guilty   1,140        

of aggravated possession of drugs.  The penalty for the offense    1,141        

shall be determined as follows:                                                 

      (a)  Except as otherwise provided in division (C)(1)(b),     1,144        

(c), (d), or (e) of this section, aggravated possession of drugs   1,145        

is a felony of the fifth degree, and division (B) of section       1,146        

2929.13 of the Revised Code applies in determining whether to      1,147        

impose a prison term on the offender.                                           

      (b)  If the amount of the drug involved exceeds the bulk     1,150        

amount but does not exceed five times the bulk amount, aggravated  1,151        

possession of drugs is a felony of the third degree, and there is  1,152        

a presumption for a prison term for the offense.                                

      (c)  If the amount of the drug involved exceeds five times   1,155        

the bulk amount but does not exceed fifty times the bulk amount,   1,156        

aggravated possession of drugs is a felony of the second degree,   1,157        

and the court shall impose as a mandatory prison term one of the   1,158        

prison terms prescribed for a felony of the second degree.         1,159        

      (d)  If the amount of the drug involved exceeds fifty times  1,161        

the bulk amount but does not exceed one hundred times the bulk     1,162        

amount, aggravated possession of drugs is a felony of the first    1,163        

degree, and the court shall impose as a mandatory prison term one  1,164        

of the prison terms prescribed for a felony of the first degree.   1,165        

      (e)  If the amount of the drug involved exceeds one hundred  1,167        

times the bulk amount, aggravated possession of drugs is a felony  1,168        

of the first degree, and the court shall impose as a mandatory     1,169        

prison term the maximum prison term prescribed for a felony of     1,170        

the first degree and may impose an additional mandatory prison     1,171        

term prescribed for a major drug offender under division                        

(D)(3)(b) of section 2929.14 of the Revised Code.                  1,172        

      (2)  If the drug involved in the violation is a compound,    1,174        

mixture, preparation, or substance included in schedule III, IV,   1,176        

                                                          28     


                                                                 
or V, whoever violates division (A) of this section is guilty of   1,178        

possession of drugs.  The penalty for the offense shall be         1,179        

determined as follows:                                             1,180        

      (a)  Except as otherwise provided in division (C)(2)(b),     1,183        

(c), or (d) of this section, possession of drugs is a misdemeanor  1,184        

of the third degree or, if the offender previously has been        1,185        

convicted of a drug abuse offense, a misdemeanor of the second     1,186        

degree.  If the drug involved in the violation is an anabolic      1,187        

steroid included in schedule III and if the offense is a           1,188        

misdemeanor of the third degree under this division, in lieu of    1,189        

sentencing the offender to a term of imprisonment in a detention   1,190        

facility, the court may place the offender on conditional          1,191        

probation pursuant to division (F) of section 2951.02 of the       1,193        

Revised Code.                                                      1,194        

      (b)  If the amount of the drug involved exceeds the bulk     1,197        

amount but does not exceed five times the bulk amount, possession  1,198        

of drugs is a felony of the fourth degree, and division (C) of     1,199        

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   1,200        

      (c)  If the amount of the drug involved exceeds five times   1,203        

the bulk amount but does not exceed fifty times the bulk amount,   1,204        

possession of drugs is a felony of the third degree, and there is  1,205        

a presumption for a prison term for the offense.                                

      (d)  If the amount of the drug involved exceeds fifty times  1,208        

the bulk amount, possession of drugs is a felony of the second     1,209        

degree, and the court shall impose upon the offender as a          1,210        

mandatory prison term one of the prison terms prescribed for a     1,211        

felony of the second degree.                                                    

      (3)  If the drug involved in the violation is marihuana or   1,213        

a compound, mixture, preparation, or substance containing          1,214        

marihuana other than hashish, whoever violates division (A) of     1,216        

this section is guilty of possession of marihuana.  The penalty    1,217        

for the offense shall be determined as follows:                    1,218        

      (a)  Except as otherwise provided in division (C)(3)(b),     1,221        

                                                          29     


                                                                 
(c), (d), (e), or (f) of this section, possession of marihuana is  1,222        

a minor misdemeanor.                                               1,223        

      (b)  If the amount of the drug involved equals or exceeds    1,226        

one hundred grams but does not exceed two hundred grams,           1,227        

possession of marihuana is a misdemeanor of the fourth degree.     1,228        

      (c)  If the amount of the drug involved exceeds two hundred  1,231        

grams but does not exceed one thousand grams, possession of        1,232        

marihuana is a felony of the fifth degree, and division (B) of     1,233        

section 2929.13 of the Revised Code applies in determining                      

whether to impose a prison term on the offender.                   1,235        

      (d)  If the amount of the drug involved exceeds one          1,238        

thousand grams but does not exceed five thousand grams,                         

possession of marihuana is a felony of the third degree, and       1,239        

division (C) of section 2929.13 of the Revised Code applies in     1,240        

determining whether to impose a prison term on the offender.       1,241        

      (e)  If the amount of the drug involved exceeds five         1,244        

thousand grams but does not exceed twenty thousand grams,                       

possession of marihuana is a felony of the third degree, and       1,245        

there is a presumption that a prison term shall be imposed for     1,246        

the offense.                                                       1,247        

      (f)  If the amount of the drug involved exceeds twenty       1,250        

thousand grams, possession of marihuana is a felony of the second  1,251        

degree, and the court shall impose as a mandatory prison term the  1,252        

maximum prison term prescribed for a felony of the second degree.  1,253        

      (4)  If the drug involved in the violation is cocaine or a   1,256        

compound, mixture, preparation, or substance containing cocaine,   1,257        

whoever violates division (A) of this section is guilty of         1,258        

possession of cocaine.  The penalty for the offense shall be       1,259        

determined as follows:                                                          

      (a)  Except as otherwise provided in division (C)(4)(b),     1,262        

(c), (d), (e), or (f) of this section, possession of cocaine is a  1,263        

felony of the fifth degree, and division (B) of section 2929.13    1,264        

of the Revised Code applies in determining whether to impose a     1,265        

prison term on the offender.                                                    

                                                          30     


                                                                 
      (b)  If the amount of the drug involved exceeds five grams   1,268        

but does not exceed twenty-five grams of cocaine that is not                    

crack cocaine or exceeds one gram but does not exceed five grams   1,270        

of crack cocaine, possession of cocaine is a felony of the fourth  1,271        

degree, and there is a presumption for a prison term for the       1,272        

offense.                                                                        

      (c)  If the amount of the drug involved exceeds twenty-five  1,275        

grams but does not exceed one hundred grams of cocaine that is     1,276        

not crack cocaine or exceeds five grams but does not exceed ten    1,278        

grams of crack cocaine, possession of cocaine is a felony of the   1,279        

third degree, and the court shall impose as a mandatory prison     1,280        

term one of the prison terms prescribed for a felony of the third  1,281        

degree.                                                                         

      (d)  If the amount of the drug involved exceeds one hundred  1,284        

grams but does not exceed five hundred grams of cocaine that is    1,285        

not crack cocaine or exceeds ten grams but does not exceed         1,287        

twenty-five grams of crack cocaine, possession of cocaine is a     1,288        

felony of the second degree, and the court shall impose as a       1,289        

mandatory prison term one of the prison terms prescribed for a     1,290        

felony of the second degree.                                                    

      (e)  If the amount of the drug involved exceeds five         1,293        

hundred grams but does not exceed one thousand grams of cocaine    1,294        

that is not crack cocaine or exceeds twenty-five grams but does    1,296        

not exceed one hundred grams of crack cocaine, possession of                    

cocaine is a felony of the first degree, and the court shall       1,298        

impose as a mandatory prison term one of the prison terms          1,299        

prescribed for a felony of the first degree.                                    

      (f)  If the amount of the drug involved exceeds one          1,302        

thousand grams of cocaine that is not crack cocaine or exceeds     1,303        

one hundred grams of crack cocaine, possession of cocaine is a     1,304        

felony of the first degree, and the court shall impose as a        1,305        

mandatory prison term the maximum prison term prescribed for a     1,306        

felony of the first degree and may impose an additional mandatory  1,307        

prison term prescribed for a major drug offender under division    1,308        

                                                          31     


                                                                 
(D)(3)(b) of section 2929.14 of the Revised Code.                  1,310        

      (5)  If the drug involved in the violation is L.S.D.,        1,313        

whoever violates division (A) of this section is guilty of         1,314        

possession of L.S.D.  The penalty for the offense shall be         1,316        

determined as follows:                                                          

      (a)  Except as otherwise provided in division (C)(5)(b),     1,319        

(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    1,320        

of the Revised Code applies in determining whether to impose a     1,321        

prison term on the offender.                                                    

      (b)  If the amount of L.S.D. involved exceeds ten unit       1,323        

doses but does not exceed fifty unit doses of L.S.D. in a solid    1,325        

form or exceeds one gram but does not exceed five grams of L.S.D.  1,326        

in a liquid concentrate, liquid extract, or liquid distillate      1,327        

form, possession of L.S.D. is a felony of the fourth degree, and   1,330        

division (C) of section 2929.13 of the Revised Code applies in                  

determining whether to impose a prison term on the offender.       1,331        

      (c)  If the amount of L.S.D. involved exceeds fifty unit     1,334        

doses, but does not exceed two hundred fifty unit doses of L.S.D.  1,336        

in a solid form or exceeds five grams but does not exceed          1,337        

twenty-five grams of L.S.D. in a liquid concentrate, liquid        1,338        

extract, or liquid distillate form, possession of L.S.D. is a      1,339        

felony of the third degree, and there is a presumption for a       1,340        

prison term for the offense.                                                    

      (d)  If the amount of L.S.D. involved exceeds two hundred    1,343        

fifty unit doses but does not exceed one thousand unit doses of    1,345        

L.S.D. in a solid form or exceeds twenty-five grams but does not   1,346        

exceed one hundred grams of L.S.D. in a liquid concentrate,                     

liquid extract, or liquid distillate form, possession of L.S.D.    1,348        

is a felony of the second degree, and the court shall impose as a  1,349        

mandatory prison term one of the prison terms prescribed for a     1,350        

felony of the second degree.                                       1,351        

      (e)  If the amount of L.S.D. involved exceeds one thousand   1,354        

unit doses but does not exceed five thousand unit doses of L.S.D.  1,356        

                                                          32     


                                                                 
in a solid form or exceeds one hundred grams but does not exceed   1,357        

five hundred grams of L.S.D. in a liquid concentrate, liquid       1,358        

extract, or liquid distillate form, possession of L.S.D. is a      1,359        

felony of the first degree, and the court shall impose as a        1,360        

mandatory prison term one of the prison terms prescribed for a     1,361        

felony of the first degree.                                                     

      (f)  If the amount of L.S.D. involved exceeds five thousand  1,364        

unit doses of L.S.D. in a solid form or exceeds five hundred       1,367        

grams of L.S.D. in a liquid concentrate, liquid extract, or        1,368        

liquid distillate form, possession of L.S.D. is a felony of the    1,370        

first degree, and the court shall impose as a mandatory prison     1,371        

term the maximum prison term prescribed for a felony of the first  1,372        

degree and may impose an additional mandatory prison term          1,373        

prescribed for a major drug offender under division (D)(3)(b) of   1,374        

section 2929.14 of the Revised Code.                               1,375        

      (6)  If the drug involved in the violation is heroin or a    1,377        

compound, mixture, preparation, or substance containing heroin,    1,378        

whoever violates division (A) of this section is guilty of         1,380        

possession of heroin.  The penalty for the offense shall be                     

determined as follows:                                             1,381        

      (a)  Except as otherwise provided in division (C)(6)(b),     1,384        

(c), (d), (e), or (f) of this section, possession of heroin is a   1,385        

felony of the fifth degree, and division (B) of section 2929.13    1,386        

of the Revised Code applies in determining whether to impose a     1,387        

prison term on the offender.                                                    

      (b)  If the amount of the drug involved exceeds one gram     1,390        

but does not exceed five grams, possession of heroin is a felony   1,391        

of the fourth degree, and division (C) of section 2929.13 of the   1,392        

Revised Code applies in determining whether to impose a prison                  

term on the offender.                                              1,393        

      (c)  If the amount of the drug involved exceeds five grams   1,396        

but does not exceed ten grams, possession of heroin is a felony    1,397        

of the third degree, and there is a presumption for a prison term  1,398        

for the offense.                                                                

                                                          33     


                                                                 
      (d)  If the amount of the drug involved exceeds ten grams    1,401        

but does not exceed fifty grams, possession of heroin is a felony  1,402        

of the second degree, and the court shall impose as a mandatory    1,403        

prison term one of the prison terms prescribed for a felony of     1,404        

the second degree.                                                              

      (e)  If the amount of the drug involved exceeds fifty grams  1,407        

but does not exceed two hundred fifty grams, possession of heroin  1,408        

is a felony of the first degree, and the court shall impose as a   1,409        

mandatory prison term one of the prison terms prescribed for a     1,410        

felony of the first degree.                                                     

      (f)  If the amount of the drug involved exceeds two hundred  1,413        

fifty grams, possession of heroin is a felony of the first         1,414        

degree, and the court shall impose as a mandatory prison term the  1,415        

maximum prison term prescribed for a felony of the first degree    1,416        

and may impose an additional mandatory prison term prescribed for  1,417        

a major drug offender under division (D)(3)(b) of section 2929.14  1,418        

of the Revised Code.                                               1,419        

      (7)  If the drug involved in the violation is hashish or a   1,421        

compound, mixture, preparation, or substance containing hashish,   1,422        

whoever violates division (A) of this section is guilty of         1,424        

possession of hashish.  The penalty for the offense shall be                    

determined as follows:                                             1,425        

      (a)  Except as otherwise provided in division (C)(7)(b),     1,428        

(c), (d), (e), or (f) of this section, possession of hashish is a  1,429        

minor misdemeanor.                                                              

      (b)  If the amount of the drug involved equals or exceeds    1,431        

five grams but does not exceed ten grams of hashish in a solid     1,432        

form or equals or exceeds one gram but does not exceed two grams   1,433        

of hashish in a liquid concentrate, liquid extract, or liquid      1,434        

distillate form, possession of hashish is a misdemeanor of the     1,435        

fourth degree.                                                                  

      (c)  If the amount of the drug involved exceeds ten grams    1,438        

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    1,439        

                                                          34     


                                                                 
liquid concentrate, liquid extract, or liquid distillate form,     1,440        

possession of hashish is a felony of the fifth degree, and         1,441        

division (B) of section 2929.13 of the Revised Code applies in     1,442        

determining whether to impose a prison term on the offender.       1,444        

      (d)  If the amount of the drug involved exceeds fifty grams  1,447        

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       1,448        

hashish in a liquid concentrate, liquid extract, or liquid         1,449        

distillate form, possession of hashish is a felony of the third    1,450        

degree, and division (C) of section 2929.13 of the Revised Code    1,451        

applies in determining whether to impose a prison term on the      1,452        

offender.                                                                       

      (e)  If the amount of the drug involved exceeds two hundred  1,455        

fifty grams but does not exceed one thousand grams of hashish in                

a solid form or exceeds fifty grams but does not exceed two        1,456        

hundred grams of hashish in a liquid concentrate, liquid extract,  1,457        

or liquid distillate form, possession of hashish is a felony of    1,458        

the third degree, and there is a presumption that a prison term    1,459        

shall be imposed for the offense.                                               

      (f)  If the amount of the drug involved exceeds one          1,462        

thousand grams of hashish in a solid form or exceeds two hundred                

grams of hashish in a liquid concentrate, liquid extract, or       1,463        

liquid distillate form, possession of hashish is a felony of the   1,464        

second degree, and the court shall impose as a mandatory prison    1,465        

term the maximum prison term prescribed for a felony of the        1,466        

second degree.                                                     1,467        

      (D)  Arrest or conviction for a minor misdemeanor violation  1,469        

of this section does not constitute a criminal record and need     1,470        

not be reported by the person so arrested or convicted in          1,471        

response to any inquiries about the person's criminal record,      1,472        

including any inquiries contained in any application for           1,473        

employment, license, or other right or privilege, or made in       1,474        

connection with the person's appearance as a witness.              1,475        

      (E)  In addition to any prison term authorized or required   1,478        

                                                          35     


                                                                 
by division (C) of this section and sections 2929.13 and 2929.14   1,479        

of the Revised Code and in addition to any other sanction that is  1,480        

imposed for the offense under this section or sections 2929.11 to  1,481        

2929.18 of the Revised Code, the court that sentences an offender  1,484        

who is convicted of or pleads guilty to a violation of division    1,485        

(A) of this section shall do all of the following that are         1,486        

applicable regarding the offender:                                              

      (1)(a)  If the violation is a felony of the first, second,   1,489        

or third degree, the court shall impose upon the offender the      1,490        

mandatory fine specified for the offense under division (B)(1) of  1,491        

section 2929.18 of the Revised Code unless, as specified in that   1,492        

division, the court determines that the offender is indigent.      1,493        

      (b)  Notwithstanding any contrary provision of section       1,495        

3719.21 of the Revised Code, the clerk of the court shall pay a    1,497        

mandatory fine or other fine imposed for a violation of this       1,498        

section pursuant to division (A) of section 2929.18 of the         1,499        

Revised Code in accordance with and subject to the requirements                 

of division (F) of section 2925.03 of the Revised Code.  The       1,500        

agency that receives the fine shall use the fine as specified in   1,501        

division (F) of section 2925.03 of the Revised Code.               1,502        

      (c)  If a person is charged with a violation of this         1,504        

section that is a felony of the first, second, or third degree,    1,505        

posts bail, and forfeits the bail, the clerk shall pay the         1,506        

forfeited bail pursuant to division (E)(1)(b) of this section as   1,507        

if it were a mandatory fine imposed under division (E)(1)(a) of    1,508        

this section.                                                                   

      (2)  The court shall suspend for not less than six months    1,510        

or more than five years the driver's or commercial driver's        1,511        

license or permit of any person who is convicted of or has         1,512        

pleaded guilty to a violation of this section.                                  

      (3)  If the offender is a professionally licensed person or  1,514        

a person who has been admitted to the bar by order of the supreme  1,516        

court in compliance with its prescribed and published rules, in    1,517        

addition to any other sanction imposed for a violation of this     1,518        

                                                          36     


                                                                 
section, the court forthwith shall comply with section 2925.38 of  1,519        

the Revised Code.                                                               

      (F)  It is an affirmative defense, as provided in section    1,521        

2901.05 of the Revised Code, to a charge of a fourth degree        1,522        

felony violation under this section that the controlled substance  1,523        

that gave rise to the charge is in an amount, is in a form, is     1,526        

prepared, compounded, or mixed with substances that are not        1,528        

controlled substances in a manner, or is possessed under any       1,529        

other circumstances, that indicate that the substance was          1,530        

possessed solely for personal use.  Notwithstanding any contrary   1,532        

provision of this section, if, in accordance with section 2901.05  1,533        

of the Revised Code, an accused who is charged with a fourth       1,534        

degree felony violation of division (C)(2), (4), (5), or (6) of    1,535        

this section sustains the burden of going forward with evidence    1,536        

of and establishes by a preponderance of the evidence the          1,537        

affirmative defense described in this division, the accused may    1,538        

be prosecuted for and may plead guilty to or be convicted of a     1,539        

misdemeanor violation of division (C)(2) of this section or a      1,540        

fifth degree felony violation of division (C)(4), (5), or (6) of   1,541        

this section respectively.                                         1,542        

      (G)  When a person is charged with possessing a bulk amount  1,544        

or multiple of a bulk amount, division (E) of section 2925.03 of   1,546        

the Revised Code applies regarding the determination of the        1,547        

amount of the controlled substance involved at the time of the     1,548        

offense.                                                                        

      Sec. 2925.12.  (A)  No person shall knowingly make, obtain,  1,557        

possess, or use any instrument, article, or thing the customary    1,558        

and primary purpose of which is for the administration or use of   1,559        

a dangerous drug, other than marihuana, when the instrument        1,560        

involved is a hypodermic or syringe, whether or not of crude or    1,561        

extemporized manufacture or assembly, and the instrument,          1,562        

article, or thing involved has been used by the offender to        1,563        

unlawfully administer or use a dangerous drug, other than          1,564        

marihuana, or to prepare a dangerous drug, other than marihuana,   1,565        

                                                          37     


                                                                 
for unlawful administration or use.                                1,566        

      (B)  This section does not apply to manufacturers, licensed  1,569        

health professionals authorized to prescribe drugs, pharmacists,   1,570        

owners of pharmacies, and other persons whose conduct was in       1,571        

accordance with Chapters 3719., 4715., 4723., 4729., 4731., and    1,572        

4741. or section 4723.56 of the Revised Code.                      1,573        

      (C)  Whoever violates this section is guilty of possessing   1,575        

drug abuse instruments, a misdemeanor of the second degree.  If    1,576        

the offender previously has been convicted of a drug abuse         1,577        

offense, a violation of this section is a misdemeanor of the       1,578        

first degree.                                                      1,579        

      (D)  In addition to any other sanction imposed for a         1,581        

violation of this section, the court shall suspend for not less    1,582        

than six months or more than five years the driver's or            1,583        

commercial driver's license or permit of any person who is         1,584        

convicted of or has pleaded guilty to a violation of this          1,585        

section.  If the offender is a professionally licensed person or   1,586        

a person who has been admitted to the bar by order of the supreme  1,587        

court in compliance with its prescribed and published rules, in    1,588        

addition to any other sanction imposed for a violation of this     1,589        

section, the court forthwith shall comply with section 2925.38 of  1,590        

the Revised Code.                                                               

      Sec. 2925.14.  (A)  As used in this section, "drug           1,599        

paraphernalia" means any equipment, product, or material of any    1,600        

kind that is used by the offender, intended by the offender for    1,601        

use, or designed for use, in propagating, cultivating, growing,    1,602        

harvesting, manufacturing, compounding, converting, producing,     1,603        

processing, preparing, testing, analyzing, packaging,              1,604        

repackaging, storing, containing, concealing, injecting,           1,605        

ingesting, inhaling, or otherwise introducing into the human       1,606        

body, a controlled substance in violation of this chapter.  "Drug  1,607        

paraphernalia" includes, but is not limited to, any of the         1,608        

following equipment, products, or materials that are used by the   1,609        

offender, intended by the offender for use, or designed by the     1,610        

                                                          38     


                                                                 
offender for use, in any of the following manners:                 1,611        

      (1)  A kit for propagating, cultivating, growing, or         1,613        

harvesting any species of a plant that is a controlled substance   1,614        

or from which a controlled substance can be derived;               1,615        

      (2)  A kit for manufacturing, compounding, converting,       1,617        

producing, processing, or preparing a controlled substance;        1,618        

      (3)  An isomerization device for increasing the potency of   1,620        

any species of a plant that is a controlled substance;             1,621        

      (4)  Testing equipment for identifying, or analyzing the     1,623        

strength, effectiveness, or purity of, a controlled substance;     1,624        

      (5)  A scale or balance for weighing or measuring a          1,626        

controlled substance;                                              1,627        

      (6)  A diluent or adulterant, such as quinine                1,629        

hydrochloride, mannitol, mannite, dextrose, or lactose, for        1,630        

cutting a controlled substance;                                    1,631        

      (7)  A separation gin or sifter for removing twigs and       1,633        

seeds from, or otherwise cleaning or refining, marihuana;          1,634        

      (8)  A blender, bowl, container, spoon, or mixing device     1,636        

for compounding a controlled substance;                            1,637        

      (9)  A capsule, balloon, envelope, or container for          1,639        

packaging small quantities of a controlled substance;              1,640        

      (10)  A container or device for storing or concealing a      1,642        

controlled substance;                                              1,643        

      (11)  A hypodermic syringe, needle, or instrument for        1,645        

parenterally injecting a controlled substance into the human       1,646        

body;                                                              1,647        

      (12)  An object, instrument, or device for ingesting,        1,649        

inhaling, or otherwise introducing into the human body,            1,650        

marihuana, cocaine, hashish, or hashish oil, such as a metal,      1,652        

wooden, acrylic, glass, stone, plastic, or ceramic pipe, with or   1,653        

without a screen, permanent screen, hashish head, or punctured     1,654        

metal bowl; water pipe; carburetion tube or device; smoking or     1,655        

carburetion mask; roach clip or similar object used to hold        1,656        

burning material, such as a marihuana cigarette, that has become   1,657        

                                                          39     


                                                                 
too small or too short to be held in the hand; miniature cocaine   1,658        

spoon, or cocaine vial; chamber pipe; carburetor pipe; electric    1,659        

pipe; air driver pipe; chillum; bong; or ice pipe or chiller.      1,660        

      (B)  In determining if an object is drug paraphernalia, a    1,662        

court or law enforcement officer shall consider, in addition to    1,663        

other relevant factors, the following:                             1,664        

      (1)  Any statement by the owner, or by anyone in control,    1,666        

of the object, concerning its use;                                 1,667        

      (2)  The proximity in time or space of the object, or of     1,669        

the act relating to the object, to a violation of any provision    1,670        

of this chapter;                                                   1,671        

      (3)  The proximity of the object to any controlled           1,673        

substance;                                                                      

      (4)  The existence of any residue of a controlled substance  1,675        

on the object;                                                                  

      (5)  Direct or circumstantial evidence of the intent of the  1,677        

owner, or of anyone in control, of the object, to deliver it to    1,678        

any person whom the owner or person in control of the object       1,679        

knows intends to use the object to facilitate a violation of any   1,680        

provision of this chapter.  A finding that the owner, or anyone    1,681        

in control, of the object, is not guilty of a violation of any     1,682        

other provision of this chapter does not prevent a finding that    1,683        

the object was intended or designed by the offender for use as     1,684        

drug paraphernalia.                                                             

      (6)  Any oral or written instruction provided with the       1,686        

object concerning its use;                                         1,687        

      (7)  Any descriptive material accompanying the object and    1,689        

explaining or depicting its use;                                   1,690        

      (8)  National or local advertising concerning the use of     1,692        

the object;                                                        1,693        

      (9)  The manner and circumstances in which the object is     1,695        

displayed for sale;                                                1,696        

      (10)  Direct or circumstantial evidence of the ratio of the  1,698        

sales of the object to the total sales of the business             1,699        

                                                          40     


                                                                 
enterprise;                                                        1,700        

      (11)  The existence and scope of legitimate uses of the      1,702        

object in the community;                                           1,703        

      (12)  Expert testimony concerning the use of the object.     1,705        

      (C)(1)  No person shall knowingly use, or possess with       1,707        

purpose to use, drug paraphernalia.                                1,708        

      (2)  No person shall knowingly sell, or possess or           1,710        

manufacture with purpose to sell, drug paraphernalia, if the       1,711        

person knows or reasonably should know that the equipment,         1,712        

product, or material will be used as drug paraphernalia.           1,713        

      (3)  No person shall place an advertisement in any           1,715        

newspaper, magazine, handbill, or other publication that is        1,716        

published and printed and circulates primarily within this state,  1,717        

if the person knows that the purpose of the advertisement is to    1,718        

promote the illegal sale in this state of the equipment, product,  1,719        

or material that the offender intended or designed for use as      1,720        

drug paraphernalia.                                                             

      (D)  This section does not apply to manufacturers, licensed  1,723        

health professionals authorized to prescribe drugs, pharmacists,   1,724        

owners of pharmacies, and other persons whose conduct is in        1,725        

accordance with Chapters 3719., 4715., 4723., 4729., 4731., and    1,726        

4741. or section 4723.56 of the Revised Code.  This section shall  1,727        

not be construed to prohibit the possession or use of a            1,728        

hypodermic as authorized by section 3719.172 of the Revised Code.  1,729        

      (E)  Notwithstanding sections 2933.42 and 2933.43 of the     1,731        

Revised Code, any drug paraphernalia that was used, possessed,     1,732        

sold, or manufactured in a violation of this section shall be      1,733        

seized, after a conviction for that violation shall be forfeited,  1,734        

and upon forfeiture shall be disposed of pursuant to division      1,735        

(D)(8) of section 2933.41 of the Revised Code.                     1,736        

      (F)(1)  Whoever violates division (C)(1) of this section is  1,738        

guilty of illegal use or possession of drug paraphernalia, a       1,739        

misdemeanor of the fourth degree.                                  1,740        

      (2)  Except as provided in division (F)(3) of this section,  1,742        

                                                          41     


                                                                 
whoever violates division (C)(2) of this section is guilty of      1,743        

dealing in drug paraphernalia, a misdemeanor of the second         1,744        

degree.                                                            1,745        

      (3)  Whoever violates division (C)(2) of this section by     1,747        

selling drug paraphernalia to a juvenile is guilty of selling      1,748        

drug paraphernalia to juveniles, a misdemeanor of the first        1,749        

degree.                                                            1,750        

      (4)  Whoever violates division (C)(3) of this section is     1,752        

guilty of illegal advertising of drug paraphernalia, a             1,753        

misdemeanor of the second degree.                                  1,754        

      (G)  In addition to any other sanction imposed for a         1,756        

violation of this section, the court shall suspend for not less    1,757        

than six months or more than five years the driver's or            1,758        

commercial driver's license or permit of any person who is         1,759        

convicted of or has pleaded guilty to a violation of this          1,760        

section.  If the offender is a professionally licensed person or   1,761        

a person who has been admitted to the bar by order of the supreme  1,762        

court in compliance with its prescribed and published rules, in    1,763        

addition to any other sanction imposed for a violation of this     1,764        

section, the court forthwith shall comply with section 2925.38 of  1,765        

the Revised Code.                                                               

      Sec. 2925.23.  (A)  No person shall knowingly make a false   1,774        

statement in any prescription, order, report, or record required   1,775        

by Chapter 3719. or 4729. of the Revised Code.                     1,776        

      (B)  No person shall intentionally make, utter, or sell, or  1,778        

knowingly possess a false or forged:                               1,779        

      (1)  Prescription;                                           1,781        

      (2)  Uncompleted preprinted prescription blank used for      1,783        

writing a prescription;                                            1,784        

      (3)  Official written order;                                 1,786        

      (4)  License for a terminal distributor of dangerous drugs   1,788        

as required in section 4729.60 of the Revised Code;                1,789        

      (5)  Registration certificate for a wholesale distributor    1,791        

of dangerous drugs as required in section 4729.60 of the Revised   1,792        

                                                          42     


                                                                 
Code.                                                              1,793        

      (C)  No person, by theft as defined in section 2913.02 of    1,795        

the Revised Code, shall acquire any of the following:              1,796        

      (1)  A prescription;                                         1,798        

      (2)  An uncompleted preprinted prescription blank used for   1,800        

writing a prescription;                                            1,801        

      (3)  An official written order;                              1,803        

      (4)  A blank official written order;                         1,805        

      (5)  A license or blank license for a terminal distributor   1,807        

of dangerous drugs as required in section 4729.60 of the Revised   1,808        

Code;                                                              1,809        

      (6)  A registration certificate or blank registration        1,811        

certificate for a wholesale distributor of dangerous drugs as      1,812        

required in section 4729.60 of the Revised Code.                   1,813        

      (D)  No person shall knowingly make or affix any false or    1,815        

forged label to a package or receptacle containing any dangerous   1,816        

drugs.                                                             1,817        

      (E)  Divisions (A) and (D) of this section do not apply to   1,819        

licensed health professionals authorized to prescribe drugs,       1,821        

pharmacists, owners of pharmacies, and other persons whose         1,822        

conduct is in accordance with Chapters 3719., 4715., 4723.,        1,823        

4725., 4729., 4731., and 4741. of the Revised Code or section      1,824        

4723.56 of the Revised Code.                                                    

      (F)  Whoever violates this section is guilty of illegal      1,826        

processing of drug documents.  The penalty for the offense shall   1,827        

be determined as follows:                                          1,828        

      (1)  If the drug involved is a compound, mixture,            1,830        

preparation, or substance included in schedule I or II, with the   1,831        

exception of marihuana, illegal processing of drug documents is a  1,832        

felony of the fourth degree, and division (C) of section 2929.13   1,833        

of the Revised Code applies in determining whether to impose a     1,834        

prison term on the offender.                                                    

      (2)  If the drug involved is a dangerous drug or a           1,836        

compound, mixture, preparation, or substance included in schedule  1,837        

                                                          43     


                                                                 
III, IV, or V or is marihuana, illegal processing of drug          1,838        

documents is a felony of the fifth degree, and division (C) of     1,839        

section 2929.13 of the Revised Code applies in determining         1,840        

whether to impose a prison term on the offender.                                

      (G)  In addition to any prison term authorized or required   1,842        

by division (F) of this section and sections 2929.13 and 2929.14   1,843        

of the Revised Code and in addition to any other sanction imposed  1,844        

for the offense under this section or sections 2929.11 to 2929.18  1,845        

of the Revised Code, the court that sentences an offender who is   1,846        

convicted of or pleads guilty to any violation of divisions (A)    1,847        

to (D) of this section shall do both of the following:                          

      (1)  The court shall suspend for not less than six months    1,850        

or more than five years the driver's or commercial driver's        1,851        

license or permit of any person who is convicted of or has         1,852        

pleaded guilty to a violation of this section.                                  

      (2)  If the offender is a professionally licensed person or  1,854        

a person who has been admitted to the bar by order of the supreme  1,855        

court in compliance with its prescribed and published rules, in    1,856        

addition to any other sanction imposed for a violation of this     1,857        

section, the court forthwith shall comply with section 2925.38 of  1,858        

the Revised Code.                                                               

      (H)  Notwithstanding any contrary provision of section       1,860        

3719.21 of the Revised Code, the clerk of court shall pay a fine   1,861        

imposed for a violation of this section pursuant to division (A)   1,862        

of section 2929.18 of the Revised Code in accordance with and      1,863        

subject to the requirements of division (F) of section 2925.03 of  1,864        

the Revised Code.  The agency that receives the fine shall use     1,865        

the fine as specified in division (F) of section 2925.03 of the    1,866        

Revised Code.                                                                   

      Sec. 2925.36.  (A)  No person shall knowingly furnish        1,875        

another a sample drug.                                             1,876        

      (B)  Division (A) of this section does not apply to          1,878        

manufacturers, wholesalers, pharmacists, owners of pharmacies,     1,879        

dentists, doctors of medicine and surgery, doctors of osteopathic  1,880        

                                                          44     


                                                                 
medicine and surgery, doctors of podiatry, veterinarians, and      1,881        

other persons whose conduct is in accordance with Chapters 3719.,  1,882        

4715., 4729., 4731., and 4741. of the Revised Code or; to          1,883        

optometrists whose conduct is in accordance with a valid           1,884        

therapeutic pharmaceutical agents certificate issued under         1,885        

Chapter 4725. of the Revised Code; OR TO CLINICAL NURSE            1,887        

SPECIALISTS, CERTIFIED NURSE-MIDWIVES, OR CERTIFIED NURSE          1,888        

PRACTITIONERS WHO HOLD A CERTIFICATE TO PRESCRIBE ISSUED UNDER     1,889        

SECTION 4723.48 OF THE REVISED CODE.                               1,890        

      (C)(1)  Whoever violates this section is guilty of illegal   1,892        

dispensing of drug samples.                                        1,893        

      (2)  If the drug involved in the offense is a compound,      1,895        

mixture, preparation, or substance included in schedule I or II,   1,896        

with the exception of marihuana, the penalty for the offense       1,897        

shall be determined as follows:                                    1,898        

      (a)  Except as otherwise provided in division (C)(2)(b) of   1,900        

this section, illegal dispensing of drug samples is a felony of    1,901        

the fifth degree, and, subject to division (E) of this section,    1,903        

division (C) of section 2929.13 of the Revised Code applies in                  

determining whether to impose a prison term on the offender.       1,904        

      (b)  If the offense was committed in the vicinity of a       1,906        

school or in the vicinity of a juvenile, illegal dispensing of     1,907        

drug samples is a felony of the fourth degree, and, subject to     1,908        

division (E) of this section, division (C) of section 2929.13 of   1,909        

the Revised Code applies in determining whether to impose a        1,910        

prison term on the offender.                                                    

      (3)  If the drug involved in the offense is a dangerous      1,912        

drug or a compound, mixture, preparation, or substance included    1,913        

in schedule III, IV, or V, or is marihuana, the penalty for the    1,914        

offense shall be determined as follows:                            1,915        

      (a)  Except as otherwise provided in division (C)(3)(b) of   1,918        

this section, illegal dispensing of drug samples is a misdemeanor  1,919        

of the second degree.                                                           

      (b)  If the offense was committed in the vicinity of a       1,922        

                                                          45     


                                                                 
school or in the vicinity of a juvenile, illegal dispensing of     1,923        

drug samples is a misdemeanor of the first degree.                 1,924        

      (D)  In addition to any prison term authorized or required   1,927        

by division (C) or (E) of this section and sections 2929.13 and    1,928        

2929.14 of the Revised Code and in addition to any other sanction  1,929        

imposed for the offense under this section or sections 2929.11 to               

2929.18 of the Revised Code, the court that sentences an offender  1,931        

who is convicted of or pleads guilty to a violation of division    1,932        

(A) of this section shall do both of the following:                             

      (1)  The court shall suspend for not less than six months    1,935        

or more than five years the driver's or commercial driver's        1,936        

license or permit of any person who is convicted of or has         1,937        

pleaded guilty to a violation of this section.                                  

      (2)  If the offender is a professionally licensed person or  1,939        

a person who has been admitted to the bar by order of the supreme  1,940        

court in compliance with its prescribed and published rules, in    1,941        

addition to any other sanction imposed for a violation of this     1,942        

section, the court forthwith shall comply with section 2925.38 of  1,943        

the Revised Code.                                                  1,944        

      (E)  Notwithstanding the prison term authorized or required  1,946        

by division (C) of this section and sections 2929.13 and 2929.14   1,947        

of the Revised Code, if the violation of division (A) of this      1,948        

section involves the sale, offer to sell, or possession of a       1,949        

schedule I or II controlled substance, with the exception of       1,950        

marihuana, and if the offender, as a result of the violation, is   1,951        

a major drug offender, the court, in lieu of the prison term       1,952        

otherwise authorized or required, shall impose upon the offender   1,953        

the mandatory prison term specified in division (D)(3)(a) of       1,954        

section 2929.14 of the Revised Code and may impose an additional                

prison term under division (D)(3)(b) of that section.              1,956        

      (F)  Notwithstanding any contrary provision of section       1,959        

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  1,961        

(A) of section 2929.18 of the Revised Code in accordance with and  1,962        

                                                          46     


                                                                 
subject to the requirements of division (F) of section 2925.03 of  1,963        

the Revised Code.  The agency that receives the fine shall use     1,964        

the fine as specified in division (F) of section 2925.03 of the                 

Revised Code.                                                      1,965        

      Sec. 3719.06.  (A)  A licensed health professional           1,974        

authorized to prescribe drugs, if acting in the course of          1,976        

professional practice, in accordance with the laws regulating the  1,977        

professional's practice, and in accordance with rules adopted by   1,978        

the state board of pharmacy, may do the following:                 1,979        

      (1)  Prescribe EXCEPT AS PROVIDED IN THIS DIVISION,          1,981        

PRESCRIBE schedule II, III, IV, and V controlled substances;       1,983        

      (2)  Administer or personally furnish to patients schedule   1,986        

II, III, IV, and V controlled substances;                          1,989        

      (3)  Cause schedule II, III, IV, and V controlled            1,993        

substances to be administered under the prescriber's direction     1,995        

and supervision.                                                                

      A LICENSED HEALTH PROFESSIONAL AUTHORIZED TO PRESCRIBE       1,997        

DRUGS WHO IS A CLINICAL NURSE SPECIALIST, CERTIFIED                1,998        

NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER MAY PRESCRIBE A     1,999        

SCHEDULE II CONTROLLED SUBSTANCE FOR A PATIENT ONLY AFTER THE      2,000        

NURSE'S COLLABORATING PHYSICIAN OR PODIATRIST HAS INITIALLY        2,002        

PRESCRIBED THE SCHEDULE II CONTROLLED SUBSTANCE FOR THE PATIENT.   2,003        

      (B)  No licensed health professional authorized to           2,006        

prescribe drugs shall prescribe, administer, or personally         2,007        

furnish a schedule III anabolic steroid for the purpose of human   2,009        

muscle building or enhancing human athletic performance and no     2,010        

pharmacist shall dispense a schedule III anabolic steroid for      2,011        

either purpose, unless it has been approved for that purpose                    

under the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040    2,013        

(1938), 21 U.S.C.A. 301, as amended.                               2,014        

      (C)  Each written prescription shall be properly executed,   2,017        

dated, and signed by the prescriber on the day when issued and     2,021        

shall bear the full name and address of the person for whom, or    2,022        

the owner of the animal for which, the controlled substance is     2,024        

                                                          47     


                                                                 
prescribed and the full name, address, and registry number under   2,025        

the federal drug abuse control laws of the prescriber.  If the     2,026        

prescription is for an animal, it shall state the species of the   2,029        

animal for which the controlled substance is prescribed.                        

      Sec. 3719.81.  (A)  A person may furnish another a sample    2,038        

of any drug of abuse, or of any drug or pharmaceutical             2,039        

preparation that would be hazardous to health or safety if used    2,041        

without the supervision of a licensed health professional          2,042        

authorized to prescribe drugs, if all of the following apply:      2,043        

      (1)  The sample is furnished by a manufacturer,              2,045        

manufacturer's representative, or wholesale dealer in              2,046        

pharmaceuticals to a licensed health professional authorized to    2,048        

prescribe drugs, or is furnished by such a professional to a       2,049        

patient for use as medication;                                                  

      (2)  The drug is in the original container in which it was   2,051        

placed by the manufacturer, and the container is plainly marked    2,053        

as a sample;                                                       2,054        

      (3)  Prior to its being furnished, the drug sample has been  2,056        

stored under the proper conditions to prevent its deterioration    2,057        

or contamination;                                                  2,058        

      (4)  If the drug is of a type which deteriorates with time,  2,060        

the sample container is plainly marked with the date beyond which  2,061        

the drug sample is unsafe to use, and the date has not expired on  2,064        

the sample furnished.  Compliance with the labeling requirements   2,065        

of the "Federal Food, Drug, and Cosmetic Act," 52 Stat. 1040       2,066        

(1938), 21 U.S.C.A. 301, as amended, shall be deemed compliance    2,067        

with this section.                                                 2,069        

      (5)  The drug is distributed, stored, or discarded in such   2,071        

a way that the drug sample may not be acquired or used by any      2,072        

unauthorized person, or by any person, including a child, for      2,073        

whom it may present a health or safety hazard.                     2,074        

      (B)  Division (A) of this section does not do any of the     2,076        

following:                                                         2,077        

      (1)  Apply to or restrict the furnishing of any sample of a  2,079        

                                                          48     


                                                                 
nonnarcotic substance if the substance may, under the "Federal     2,081        

Food, Drug, and Cosmetic Act" and under the laws of this state,    2,082        

otherwise be lawfully sold over the counter without a              2,083        

prescription;                                                                   

      (2)  Authorize UNTIL TWO YEARS AFTER THE EFFECTIVE DATE OF   2,085        

THIS AMENDMENT, AUTHORIZE an advanced practice nurse AUTHORIZED    2,086        

TO PRESCRIBE UNDER SECTION 4723.56 OF THE REVISED CODE to furnish  2,087        

a sample of any drug;                                              2,088        

      (3)  Authorize an optometrist to furnish a sample of a drug  2,091        

that is not a drug the optometrist is authorized to prescribe.                  

      (C)  The state board of pharmacy shall, in accordance with   2,093        

Chapter 119. of the Revised Code, adopt rules as necessary to      2,095        

give effect to this section.                                                    

      Sec. 4723.02.  As used in this chapter:                      2,104        

      (A)  "Registered nurse" means an individual who holds a      2,106        

current, valid license issued under this chapter that authorizes   2,107        

the practice of nursing as a registered nurse.                     2,108        

      (B)  "Practice of nursing as a registered nurse" means       2,110        

providing to individuals and groups nursing care requiring         2,111        

specialized knowledge, judgment, and skill derived from the        2,112        

principles of biological, physical, behavioral, social, and        2,113        

nursing sciences.  Such nursing care includes:                     2,114        

      (1)  Identifying patterns of human responses to actual or    2,116        

potential health problems amenable to a nursing regimen;           2,117        

      (2)  Executing a nursing regimen through the selection,      2,119        

performance, management, and evaluation of nursing actions;        2,120        

      (3)  Assessing health status for the purpose of providing    2,122        

nursing care;                                                      2,123        

      (4)  Providing health counseling and health teaching;        2,125        

      (5)  Administering medications, treatments, and executing    2,127        

regimens prescribed by licensed physicians; dentists;              2,129        

optometrists; podiatrists; or, until January 1, 2010, advanced     2,131        

practice nurses authorized to prescribe under section 4723.56 of   2,132        

the Revised Code BY AN INDIVIDUAL WHO IS AUTHORIZED TO PRACTICE    2,135        

                                                          49     


                                                                 
IN THIS STATE AND IS ACTING WITHIN THE COURSE OF THE INDIVIDUAL'S  2,136        

PROFESSIONAL PRACTICE;                                             2,137        

      (6)  Teaching, administering, supervising, delegating, and   2,139        

evaluating nursing practice.                                       2,140        

      (C)  "Nursing regimen" may include preventative,             2,142        

restorative, and health-promotion activities.                      2,143        

      (D)  "Assessing health status" means the collection of data  2,145        

through nursing assessment techniques, which may include           2,146        

interviews, observation, and physical evaluations for the purpose  2,147        

of providing nursing care.                                         2,148        

      (E)  "Licensed practical nurse" means an individual who      2,150        

holds a current, valid license issued under this chapter that      2,151        

authorizes the practice of nursing as a licensed practical nurse.  2,152        

      (F)  "The practice of nursing as a licensed practical        2,154        

nurse" means providing to individuals and groups nursing care      2,155        

requiring the application of basic knowledge of the biological,    2,156        

physical, behavioral, social, and nursing sciences at the          2,157        

direction of a licensed physician, dentist, podiatrist,            2,158        

optometrist, or registered nurse.  Such nursing care includes:     2,159        

      (1)  Observation, patient teaching, and care in a diversity  2,161        

of health care settings;                                           2,162        

      (2)  Contributions to the planning, implementation, and      2,164        

evaluation of nursing;                                             2,165        

      (3)  Administration of medications and treatments            2,167        

prescribed by a licensed physician; dentist; optometrist;          2,168        

podiatrist; or, until January 1, 2010, an advanced practice nurse  2,171        

authorized to prescribe under section 4723.56 of the Revised Code  2,173        

BY AN INDIVIDUAL WHO IS AUTHORIZED TO PRACTICE IN THIS STATE AND   2,174        

IS ACTING WITHIN THE COURSE OF THE INDIVIDUAL'S PROFESSIONAL       2,175        

PRACTICE.  Medications may be administered by a licensed           2,177        

practical nurse upon proof of completion of a course in            2,178        

medication administration approved by the board of nursing.        2,179        

      (G)   "Certified registered nurse anesthetist" means a       2,182        

registered nurse who holds a valid certificate of authority        2,183        

                                                          50     


                                                                 
issued under this chapter that authorizes the practice of nursing  2,184        

as a certified registered nurse anesthetist in accordance with     2,185        

section 4723.43 of the Revised Code and rules adopted by the       2,186        

board of nursing.                                                  2,187        

      (H)  "Clinical nurse specialist" means a registered nurse    2,190        

who holds a valid certificate of authority issued under this       2,191        

chapter that authorizes the practice of nursing as a clinical      2,192        

nurse specialist in accordance with section 4723.43 of the         2,193        

Revised Code and rules adopted by the board of nursing.            2,194        

      (I)  "Certified nurse-midwife" means a registered nurse who  2,196        

holds a valid certificate of authority issued under this chapter   2,197        

that authorizes the practice of nursing as a certified             2,198        

nurse-midwife in accordance with section 4723.43 of the Revised    2,199        

Code and rules adopted by the board of nursing.                    2,200        

      (J)  "Certified nurse practitioner" means a registered       2,202        

nurse who holds a valid certificate of authority issued under      2,203        

this chapter that authorizes the practice of nursing as a          2,204        

certified nurse practitioner in accordance with section 4723.43    2,205        

of the Revised Code and rules adopted by the board of nursing.     2,207        

      (K)  "Physician" means an individual who holds a             2,210        

certificate issued under Chapter 4731. of the Revised Code         2,212        

authorizing the practice of medicine and surgery or osteopathic    2,214        

medicine and surgery and is practicing in this state.              2,215        

      (L)  "Dentist" means an individual who is licensed under     2,218        

Chapter 4715. of the Revised Code to practice dentistry and is     2,219        

practicing in this state.                                          2,220        

      (M)  "Podiatrist" means an individual who holds a            2,223        

certificate issued under Chapter 4731. of the Revised Code         2,224        

authorizing the practice of podiatry and is practicing in this     2,225        

state.                                                                          

      (N)  "Collaboration" or "collaborating" means the            2,227        

following:                                                         2,228        

      (1)  In the case of a clinical nurse specialist, except as   2,231        

provided in division (N)(K)(3) of this section, or a certified     2,232        

                                                          51     


                                                                 
nurse practitioner, that a podiatrist acting within the            2,233        

podiatrist's scope of practice in accordance with section 4731.51  2,234        

of the Revised Code and with whom the nurse has entered into a     2,235        

standard care arrangement or physician with whom the nurse has     2,236        

entered into a standard care arrangement is continuously           2,237        

available to communicate with the clinical nurse specialist or     2,238        

certified nurse practitioner either in person or by radio,         2,239        

telephone, or other form of telecommunication;                     2,240        

      (2)  In the case of a certified nurse-midwife, that a        2,242        

physician with whom the certified nurse-midwife has entered into   2,243        

a standard care arrangement is continuously available to           2,244        

communicate with the certified nurse-midwife either in person or   2,245        

by radio, telephone, or other form of telecommunication;           2,246        

      (3)  In the case of a clinical nurse specialist whose        2,248        

nursing specialty is mental health or psychiatric mental health,   2,249        

that a physician is continuously available to communicate with     2,251        

the nurse either in person or by radio, telephone, or other form   2,252        

of telecommunication.                                                           

      (O)(L)  "Supervision" means that a certified registered      2,255        

nurse anesthetist is under the direction of a podiatrist acting                 

within the podiatrist's scope of practice in accordance with       2,256        

section 4731.51 of the Revised Code, a dentist acting within the   2,258        

dentist's scope of practice in accordance with Chapter 4715. of    2,260        

the Revised Code, or a physician, and, when administering          2,261        

anesthesia, the certified registered nurse anesthetist is in the   2,262        

immediate presence of the podiatrist, dentist, or physician.       2,263        

      (P)(M)  "Standard care arrangement" means a written, formal  2,266        

guide for planning and evaluating a patient's health care that is  2,267        

developed by a collaborating physician or podiatrist and a                      

clinical nurse specialist, certified nurse-midwife, or certified   2,268        

nurse practitioner and meets the requirements of section 4723.431  2,269        

of the Revised Code.                                               2,270        

      Sec. 4723.04.  The state nurses' board shall be known as     2,279        

the board of nursing.  The board shall assume and exercise all     2,280        

                                                          52     


                                                                 
the powers and perform all the duties conferred and imposed on it  2,281        

by this chapter concerning nurses and nursing and the regulation   2,282        

thereof.  The board shall consist of thirteen members who shall    2,283        

be citizens of the United States and residents of Ohio.  Eight     2,284        

members shall be registered nurses, each of whom shall be a        2,285        

graduate of an approved program of nursing education that          2,286        

prepares persons for licensure as a registered nurse, shall hold   2,287        

a currently active license issued under this chapter to practice   2,288        

nursing as a registered nurse, and shall have been actively        2,289        

engaged in the practice of nursing as a registered nurse for the   2,290        

five years immediately preceding the member's initial appointment  2,291        

to the board.  OF THE EIGHT MEMBERS WHO ARE REGISTERED NURSES,     2,292        

ONE SHALL HOLD A VALID CERTIFICATE OF AUTHORITY ISSUED UNDER THIS  2,294        

CHAPTER THAT AUTHORIZES THE PRACTICE OF NURSING AS A CERTIFIED     2,295        

NURSE-MIDWIFE, CERTIFIED NURSE PRACTITIONER, OR CLINICAL NURSE     2,296        

SPECIALIST.  Four members shall be licensed practical nurses,      2,297        

each of whom shall be a graduate of an approved program of         2,298        

nursing education that prepares persons for licensure as a         2,299        

practical nurse, shall hold a currently active license issued      2,300        

under this chapter to practice nursing as a licensed practical     2,301        

nurse, and shall have been actively engaged in the practice of     2,302        

nursing as a licensed practical nurse for the five years           2,303        

immediately preceding the member's initial appointment to the      2,304        

board.  One member shall represent the interests of consumers of   2,305        

health care.  Neither this member nor any person in the member's   2,306        

immediate family shall be a member of or associated with a health  2,307        

care provider or profession or shall have a financial interest in  2,308        

the delivery or financing of health care.  Representation of       2,309        

nursing service and nursing education and of the various           2,310        

geographical areas of the state shall be considered in making      2,311        

appointments.  As the term of any member of the board expires, a   2,312        

successor shall be appointed who has the qualifications the        2,313        

vacancy requires.  Terms of office shall be for five years,        2,314        

commencing on the first day of January and ending on the           2,315        

                                                          53     


                                                                 
thirty-first day of December.  Each member shall hold office from  2,316        

the date of appointment until the end of the term for which the    2,317        

member was appointed.  The term of a member shall expire if the    2,318        

member ceases to meet any requirement of this section for the      2,319        

member's position on the board.  Any member appointed to fill a    2,320        

vacancy occurring prior to the expiration of the term for which    2,321        

her THE MEMBER'S predecessor was appointed shall hold office for   2,322        

the remainder of such term.  A person who has served a full term   2,324        

on the board or more than thirty months of the remainder of the    2,325        

term of a predecessor shall not be eligible for a subsequent       2,326        

appointment to the board.  Any member shall continue in office     2,327        

subsequent to the expiration date of her THE MEMBER'S term until   2,328        

her THE MEMBER'S successor takes office, or until a period of      2,330        

sixty days has elapsed, whichever occurs first.  Nursing           2,331        

organizations of this state may each submit to the governor the    2,332        

names of not more than five nominees for each position to be       2,333        

filled on the board.  From the names so submitted or from others,  2,334        

at his THE GOVERNOR'S discretion, the governor with the advice     2,335        

and consent of the senate shall make such appointments.            2,336        

      Any member of the board may be removed by the governor for   2,338        

neglect of any duty required by law or for incompetency or         2,339        

unprofessional or dishonorable conduct, after a hearing as         2,340        

provided in Chapter 119. of the Revised Code.  Seven members of    2,341        

the board including at least four registered nurses and at least   2,342        

one licensed practical nurse shall at all times constitute a       2,343        

quorum.                                                            2,344        

      Each member of the board shall receive an amount fixed       2,346        

pursuant to division (J) of section 124.15 of the Revised Code     2,347        

for each day in attendance at board meetings and in discharge of   2,348        

official duties, and in addition thereto, necessary expense        2,349        

incurred in the performance of such duties.                        2,350        

      The board shall elect one of its nurse members as president  2,352        

and one as vice-president.                                         2,353        

      The board may establish advisory groups to serve in          2,355        

                                                          54     


                                                                 
consultation with the board or the executive director.  Each       2,356        

advisory group shall be given a specific charge in writing and     2,357        

shall report to the board.  Members of advisory groups shall       2,358        

serve without compensation but shall receive their actual and      2,359        

necessary expenses incurred in the performance of their official   2,360        

duties.                                                            2,361        

      Sec. 4723.06.  (A)  The board of nursing shall:              2,370        

      (1)  Administer and enforce the provisions of this chapter,  2,372        

including the taking of disciplinary action for violations of      2,373        

section 4723.28 of the Revised Code, any other provisions of this  2,374        

chapter, or rules promulgated under Chapter 119. of the Revised    2,375        

Code;                                                              2,376        

      (2)  Examine applicants for licensure to practice as a       2,378        

registered nurse or as a licensed practical nurse;                 2,379        

      (3)  Issue and renew licenses as provided in this chapter;   2,381        

      (4)  Define the minimum curricula and standards for          2,383        

educational programs of the schools of professional nursing and    2,384        

schools of practical nursing in this state;                        2,385        

      (5)  Survey, inspect, and grant full approval to             2,387        

prelicensure nursing education programs that meet the standards    2,389        

established by rules adopted under section 4723.07 of the Revised  2,390        

Code.  Prelicensure nursing education programs include, but are    2,391        

not limited to, associate degree, baccalaureate degree, diploma,   2,392        

and doctor of nursing programs leading to initial licensure to     2,393        

practice nursing as a registered nurse and practical nurse         2,394        

programs leading to initial licensure to practice nursing as a     2,395        

licensed practical nurse.                                                       

      (6)  Grant conditional approval, by a vote of a quorum of    2,397        

the board, to a new prelicensure nursing education program or a    2,398        

program that is being reestablished after having ceased to         2,400        

operate, if the program meets and maintains the minimum standards  2,402        

of the board established by rules adopted under section 4723.07    2,403        

of the Revised Code.  If the board does not grant conditional      2,404        

approval, it shall hold a hearing under Chapter 119. of the        2,405        

                                                          55     


                                                                 
Revised Code to consider conditional approval of the program.  If  2,406        

the board grants conditional approval, at its first meeting after  2,407        

the first class has completed the program, the board shall         2,408        

determine whether to grant full approval to the program.  If the   2,409        

board does not grant full approval or if it appears that the       2,412        

program has failed to meet and maintain standards established by   2,413        

rules adopted under section 4723.07 of the Revised Code, the       2,414        

board shall hold a hearing under Chapter 119. of the Revised Code  2,415        

to consider the program.  Based on results of the hearing, the     2,416        

board may continue or withdraw conditional approval, or grant      2,417        

full approval.                                                                  

      (7)  Place on provisional approval, for a period of time     2,419        

specified by the board, a program that has ceased to meet and      2,421        

maintain the minimum standards of the board established by rules   2,422        

adopted under section 4723.07 of the Revised Code.  At the end of  2,423        

the period, the board shall reconsider whether the program meets   2,424        

the standards and shall grant full approval if it does.  If it     2,426        

does not, the board may withdraw approval, pursuant to a hearing   2,427        

under Chapter 119. of the Revised Code.                            2,428        

      (8)  Approve continuing nursing education programs and       2,430        

courses under standards established in rules adopted under         2,431        

section 4723.07 of the Revised Code;                               2,432        

      (9)  Approve peer support programs for nurses under rules    2,434        

adopted under section 4723.07 of the Revised Code;                 2,435        

      (10)  Establish the alternative program for chemically       2,437        

dependent nurses in accordance with section 4723.35 of the         2,438        

Revised Code;                                                                   

      (11)  Issue and renew certificates of authority to practice  2,440        

nursing as a certified registered nurse anesthetist, clinical      2,441        

nurse specialist, certified nurse-midwife, or certified nurse      2,442        

practitioner;                                                                   

      (12)  Approve under section 4723.46 of the Revised Code      2,445        

national certifying organizations for examination and              2,446        

certification of certified registered nurse anesthetists,          2,447        

                                                          56     


                                                                 
clinical nurse specialists, certified nurse-midwives, or           2,448        

certified nurse practitioners;                                                  

      (13)  ISSUE AND RENEW CERTIFICATES TO PRESCRIBE PURSUANT TO  2,450        

SECTION 4723.48 OF THE REVISED CODE;                               2,452        

      (14)  GRANT APPROVAL TO PLANNED CLASSROOM AND CLINICAL       2,454        

STUDY IN ADVANCED PHARMACOLOGY THAT MEETS THE REQUIREMENTS         2,456        

ESTABLISHED IN RULES ADOPTED UNDER SECTION 4723.07 OF THE REVISED  2,457        

CODE;                                                              2,458        

      (15)  PUBLISH ANNUALLY THE FORMULARY AND ANY SUPPLEMENTS TO  2,461        

THE FORMULARY ESTABLISHED BY THE JOINT FORMULARY COMMITTEE UNDER   2,462        

SECTION 4723.49 OF THE REVISED CODE;                               2,463        

      (16)  Make an annual report to the governor, which shall be  2,465        

open for public inspection;                                        2,466        

      (14)(17)  Maintain and have open for public inspection the   2,468        

following records:                                                 2,469        

      (a)  A record of all its meetings and proceedings;           2,471        

      (b)  A file of applicants for and holders of licenses,       2,473        

registrations, and certificates granted under this chapter.  The   2,474        

file shall be maintained in the form prescribed by rule of the     2,475        

board.                                                             2,476        

      (c)  A list of prelicensure nursing education programs       2,478        

approved by the board;                                             2,479        

      (d)  A list of approved peer support programs for nurses.    2,481        

      (B)  The board may fulfill the requirement of division       2,483        

(A)(8) of this section by authorizing persons who meet the         2,484        

standards established in rules adopted under division (F) of       2,485        

section 4723.07 of the Revised Code to approve continuing nursing  2,486        

education programs and courses.  Persons so authorized shall       2,487        

approve continuing nursing education programs and courses in       2,488        

accordance with standards established in rules adopted under       2,489        

division (E) of section 4723.07 of the Revised Code.               2,490        

      Persons seeking authorization to approve continuing nursing  2,492        

education programs and courses shall apply to the board and pay    2,493        

the appropriate fee established under section 4723.08 of the       2,494        

                                                          57     


                                                                 
Revised Code.  Authorizations to approve continuing nursing        2,495        

education programs and courses shall expire at the end of the      2,496        

two-year period beginning the date of issuance and may be renewed  2,497        

by the board.                                                                   

      Sec. 4723.07.  In accordance with Chapter 119. of the        2,506        

Revised Code, the board of nursing shall adopt and may amend and   2,507        

rescind rules:                                                     2,508        

      (A)  Providing for its government and control of its         2,510        

actions and business affairs;                                      2,511        

      (B)  Establishing minimum curricula and standards for        2,513        

nursing education programs that prepare graduates to take          2,514        

licensing examinations, and establishing procedures for granting,  2,515        

renewing, and withdrawing approval of those programs;              2,517        

      (C)  Establishing requirements that applicants for           2,519        

licensure must meet to be permitted to take licensing              2,520        

examinations;                                                      2,521        

      (D)  Governing the administration and conduct of             2,523        

examinations for licensure to practice nursing as a registered     2,524        

nurse or as a licensed practical nurse;                            2,525        

      (E)  Establishing standards for approval of continuing       2,527        

nursing education programs and courses for registered nurses,      2,528        

licensed practical nurses, certified registered nurse              2,529        

anesthetists, clinical nurse specialists, certified                2,530        

nurse-midwives, and certified nurse practitioners.  The standards  2,531        

may provide for approval of continuing nursing education programs  2,532        

and courses that have been approved by other state boards of       2,533        

nursing or by national accreditation systems for nursing,          2,534        

including, but not limited to, the American nurses' credentialing  2,535        

center and the national association for practical nurse education  2,536        

and service.                                                                    

      (F)  Establishing standards that persons must meet to be     2,538        

authorized by the board to approve continuing nursing education    2,539        

programs and courses and a schedule to have that authorization     2,540        

renewed;                                                                        

                                                          58     


                                                                 
      (G)  Establishing requirements, including continuing         2,542        

education requirements, for restoring inactive licenses and        2,543        

licenses that have lapsed through failure to renew;                2,544        

      (H)  Governing conditions that may be imposed for            2,546        

reinstatement following action taken under sections 2301.373,      2,547        

4723.28, and 4723.281 of the Revised Code resulting in a           2,548        

suspension from practice;                                          2,550        

      (I)  Establishing standards for approval of peer support     2,552        

programs for nurses;                                               2,553        

      (J)  Establishing requirements for board approval of         2,556        

courses in medication administration by licensed practical         2,557        

nurses;                                                                         

      (K)  Establishing criteria for specialty certification of    2,559        

registered nurses;                                                 2,560        

      (L)  Establishing criteria for evaluating the                2,562        

qualifications of an applicant who is applying for a license by    2,564        

endorsement to practice nursing as a registered nurse or licensed               

practical nurse or for a certificate of authority issued under     2,565        

division (E) of section 4723.41 of the Revised Code;               2,566        

      (M)  Establishing universal blood and body fluid             2,568        

precautions that shall be used by each person licensed under this  2,569        

chapter who performs exposure-prone invasive procedures.  The      2,570        

rules shall define and establish requirements for universal blood  2,571        

and body fluid precautions that include the following:             2,572        

      (1)  Appropriate use of hand washing;                        2,574        

      (2)  Disinfection and sterilization of equipment;            2,576        

      (3)  Handling and disposal of needles and other sharp        2,578        

instruments;                                                       2,579        

      (4)  Wearing and disposal of gloves and other protective     2,581        

garments and devices.                                              2,582        

      (N)  Establishing standards and procedures for approving     2,585        

certificates of authority to practice nursing as a certified                    

registered nurse anesthetist, clinical nurse specialist,           2,586        

certified nurse-midwife, or certified nurse practitioner, and for  2,587        

                                                          59     


                                                                 
renewal of those certificates;                                     2,588        

      (O)  Establishing quality assurance standards for certified  2,591        

registered nurse anesthetists, clinical nurse specialists,         2,592        

certified nurse-midwives, or certified nurse practitioners;                     

      (P)  Establishing additional criteria for the standard care  2,595        

arrangement required by section 4723.431 of the Revised Code       2,596        

entered into by a clinical nurse specialist, certified             2,597        

nurse-midwife, or certified nurse practitioner and the nurse's     2,598        

collaborating physician or podiatrist;                             2,599        

      (Q)  Establishing continuing education standards for         2,602        

clinical nurse specialists who are exempt under division (C) of    2,603        

section 4723.41 of the Revised Code from the requirement of        2,604        

having passed a certification examination;                                      

      (R)  ESTABLISHING STANDARDS AND PROCEDURES FOR ISSUANCE AND  2,607        

RENEWAL OF A CERTIFICATE TO PRESCRIBE DRUGS AND THERAPEUTIC        2,608        

DEVICES UNDER SECTION 4723.48 OF THE REVISED CODE;                 2,610        

      (S)  SPECIFYING INFORMATION THE BOARD MAY REQUIRE UNDER      2,613        

DIVISION (C)(5) OR (E)(3) OF SECTION 4723.48 OF THE REVISED CODE;  2,617        

      (T)  ESTABLISHING REQUIREMENTS FOR BOARD APPROVAL OF         2,620        

PLANNED CLASSROOM AND CLINICAL STUDY IN ADVANCED PHARMACOLOGY      2,621        

UNDER SECTION 4723.48 OF THE REVISED CODE.                         2,624        

      Subject to Chapter 119. of the Revised Code, the board may   2,626        

adopt other rules necessary to carry out the provisions of this    2,627        

chapter.                                                           2,628        

      Sec. 4723.08.  (A)  The board of nursing may impose fees     2,637        

not to exceed the following limits:                                2,638        

      (1)  For application for licensure by examination to         2,640        

practice nursing as a registered nurse or as a licensed practical  2,641        

nurse, fifty dollars;                                              2,642        

      (2)  For application for licensure by endorsement to         2,644        

practice nursing as a registered nurse or as a licensed practical  2,645        

nurse, fifty dollars;                                              2,646        

      (3)  For application for a certificate of authority to       2,648        

practice nursing as a certified registered nurse anesthetist,      2,649        

                                                          60     


                                                                 
clinical nurse specialist, certified nurse-midwife, or certified   2,651        

nurse practitioner, one hundred dollars;                           2,652        

      (4)  FOR APPLICATION FOR A CERTIFICATE TO PRESCRIBE DRUGS    2,654        

AND THERAPEUTIC DEVICES, FIFTY DOLLARS;                            2,655        

      (5)  For verification of a license or certificate to         2,657        

another jurisdiction, fifteen dollars;                             2,659        

      (5)(6)  For providing a replacement copy of a license or     2,661        

certificate, fifteen dollars;                                      2,662        

      (6)(7)  For biennial renewal of any license, thirty-five     2,664        

dollars;                                                           2,665        

      (7)(8)  For biennial renewal of a certificate of authority   2,667        

to practice nursing as a certified registered nurse anesthetist,   2,669        

clinical nurse specialist, certified nurse-midwife, or certified   2,671        

nurse practitioner, one hundred dollars;                                        

      (8)(9)  FOR BIENNIAL RENEWAL OF A CERTIFICATE TO PRESCRIBE   2,673        

DRUGS AND THERAPEUTIC DEVICES, FIFTY DOLLARS;                      2,674        

      (10)  For processing a late application for renewal of any   2,676        

license or certificate, fifty dollars;                             2,677        

      (9)(11)  For application for authorization to approve        2,679        

continuing nursing education programs and courses from an          2,680        

applicant accredited by a national accreditation system for        2,681        

nursing, five hundred dollars;                                     2,682        

      (10)(12)  For application for authorization to approve       2,684        

continuing nursing education programs and courses from an          2,685        

applicant not accredited by a national accreditation system for    2,686        

nursing, one thousand dollars;                                     2,687        

      (11)(13)  For biennial renewal of authorization to approve   2,689        

continuing nursing education programs and courses, three hundred   2,691        

dollars;                                                                        

      (12)(14)  For written verification of a license or           2,693        

certificate, other than verification to another jurisdiction,      2,695        

five dollars. The board may contract for services pertaining to    2,696        

this verification process and the collection of the fee, and may   2,697        

permit the contractor to retain a portion of the fees as           2,698        

                                                          61     


                                                                 
compensation, before any amounts are deposited into the state      2,699        

treasury.                                                          2,700        

      (B)  Each quarter, the board of nursing shall certify to     2,702        

the director of budget and management the number of biennial       2,703        

licenses renewed under this chapter during the preceding quarter   2,704        

and the amount equal to that number times five dollars.            2,705        

      Sec. 4723.151.  Medical diagnosis, prescription of medical   2,714        

measures, and the practice of medicine or surgery or any of its    2,715        

branches by a nurse are prohibited.                                2,716        

      Nothing in this section prohibits a certified registered     2,718        

nurse anesthetist, clinical nurse specialist, certified            2,719        

nurse-midwife, or certified nurse practitioner from practicing     2,720        

within the nurse's scope of practice in accordance with section    2,721        

4723.43 of the Revised Code.  NOTHING IN THIS SECTION PROHIBITS A  2,722        

CLINICAL NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED   2,723        

NURSE PRACTITIONER FROM PRESCRIBING DRUGS AND THERAPEUTIC DEVICES  2,725        

IN ACCORDANCE WITH SECTION 4723.48 OF THE REVISED CODE.                         

NOTWITHSTANDING THE TWO IMMEDIATE PRECEDING SENTENCES, NOTHING IN  2,727        

THIS CHAPTER SHALL BE CONSTRUED AS AUTHORIZING ANY NURSE TO        2,728        

PRESCRIBE ANY DRUG OR DEVICE TO PERFORM OR INDUCE AN ABORTION, OR  2,729        

TO OTHERWISE PERFORM OR INDUCE AN ABORTION.                        2,730        

      Sec. 4723.28.  As used in this section, "dangerous drug"     2,739        

and "prescription" have the same meanings as in section 4729.01    2,741        

of the Revised Code.                                                            

      (A)  The board of nursing, pursuant to an adjudication       2,743        

conducted under Chapter 119. of the Revised Code and by a vote of  2,744        

a quorum, may revoke or may refuse to grant a license or           2,745        

certificate to a person found by the board to have committed       2,747        

fraud in passing the examination or to have committed fraud,       2,748        

misrepresentation, or deception in applying for or securing any    2,749        

license or certificate issued by the board.                        2,751        

      (B)  The board of nursing, pursuant to an adjudication       2,753        

conducted under Chapter 119. of the Revised Code and by a vote of  2,754        

a quorum, may impose one or more of the following sanctions:       2,755        

                                                          62     


                                                                 
deny, revoke permanently, suspend, or place restrictions on any    2,756        

license or certificate issued by the board; reprimand or           2,758        

otherwise discipline a holder of a license or certificate; or      2,759        

impose a fine of not more than five hundred dollars per            2,761        

violation.  The sanctions may be imposed for any of the                         

following:                                                         2,762        

      (1)  Denial, revocation, suspension, or restriction of a     2,764        

license to practice nursing, for any reason other than a failure   2,765        

to renew, in another state or jurisdiction; or denial,             2,766        

revocation, suspension, or restriction of a license to practice a  2,767        

health care occupation other than nursing, for any reason other    2,768        

than a failure to renew, in Ohio or another state or               2,769        

jurisdiction;                                                                   

      (2)  Engaging in the practice of nursing, having failed to   2,771        

renew a license issued under this chapter, or while a license is   2,772        

under suspension;                                                  2,773        

      (3)  Conviction of, a plea of guilty to, or a judicial       2,775        

finding of guilt of a misdemeanor committed in the course of       2,776        

practice;                                                          2,777        

      (4)  Conviction of, a plea of guilty to, or a judicial       2,779        

finding of guilt of any felony or of any crime involving gross     2,780        

immorality or moral turpitude;                                     2,781        

      (5)  Selling, giving away, or administering drugs for other  2,783        

than legal and legitimate therapeutic purposes; or conviction of,  2,784        

a plea of guilty to, or a judicial finding of guilt of violating   2,785        

any municipal, state, county, or federal drug law;                 2,786        

      (6)  Conviction of, a plea of guilty to, or a judicial       2,788        

finding of guilt of an act in another jurisdiction that would      2,789        

constitute a felony or a crime of moral turpitude in Ohio;         2,790        

      (7)  Conviction of, a plea of guilty to, or a judicial       2,792        

finding of guilt of an act in the course of practice in another    2,793        

jurisdiction that would constitute a misdemeanor in Ohio;          2,794        

      (8)  Self-administering or otherwise taking into the body    2,796        

any dangerous drug in any way not in accordance with a legal,      2,797        

                                                          63     


                                                                 
valid prescription;                                                2,798        

      (9)  Habitual indulgence in the use of controlled            2,800        

substances, other habit-forming drugs, or alcohol or other         2,801        

chemical substances to an extent that impairs ability to           2,802        

practice;                                                          2,803        

      (10)  Impairment of the ability to practice according to     2,805        

acceptable and prevailing standards of safe nursing care because   2,806        

of habitual or excessive use of drugs, alcohol, or other chemical  2,809        

substances that impair the ability to practice;                    2,810        

      (11)  Impairment of the ability to practice according to     2,812        

acceptable and prevailing standards of safe nursing care because   2,813        

of a physical or mental disability;                                2,814        

      (12)  Assaulting or causing harm to a patient or depriving   2,816        

a patient of the means to summon assistance;                       2,817        

      (13)  Obtaining or attempting to obtain money or anything    2,819        

of value by intentional misrepresentation or material deception    2,820        

in the course of practice;                                         2,821        

      (14)  Adjudication by a probate court that the license       2,823        

applicant or license holder is mentally ill or mentally            2,824        

incompetent.  The board may restore the license upon adjudication  2,825        

by a probate court of the person's restoration to competency or    2,826        

upon submission to the board of other proof of competency.         2,827        

      (15)  The suspension or termination of employment by the     2,829        

department of defense or the veterans administration of the        2,830        

United States for any act that violates or would violate this      2,831        

chapter;                                                           2,832        

      (16)  Violation of this chapter or any rules adopted under   2,834        

it;                                                                2,835        

      (17)  Violation of any restrictions placed on a license by   2,837        

the board;                                                         2,838        

      (18)  Failure to use universal blood and body fluid          2,840        

precautions established by rules adopted under section 4723.07 of  2,841        

the Revised Code;                                                  2,842        

      (19)  Failure to practice in accordance with acceptable and  2,845        

                                                          64     


                                                                 
prevailing standards of safe nursing care;                         2,846        

      (20)  In the case of a registered nurse, engaging in         2,848        

activities that exceed the practice of nursing as a registered     2,849        

nurse under section 4723.02 of the Revised Code;                   2,850        

      (21)  In the case of a licensed practical nurse, engaging    2,852        

in activities that exceed the practice of nursing as a licensed    2,853        

practical nurse under section 4723.02 of the Revised Code;         2,854        

      (22)  Aiding and abetting in the unlicensed practice of      2,856        

nursing;                                                           2,857        

      (23)  In the case of a certified registered nurse            2,859        

anesthetist, clinical nurse specialist, certified nurse-midwife,   2,861        

or certified nurse practitioner, or a registered nurse approved    2,862        

as an advanced practice nurse under section 4723.55 of the         2,863        

Revised Code, either of the following:                             2,864        

      (a)  Waiving the payment of all or any part of a deductible  2,866        

or copayment that a patient, pursuant to a health insurance or     2,867        

health care policy, contract, or plan that covers such nursing     2,868        

services, would otherwise be required to pay if the waiver is      2,869        

used as an enticement to a patient or group of patients to         2,870        

receive health care services from that provider;                   2,871        

      (b)  Advertising that the nurse will waive the payment of    2,873        

all or any part of a deductible or copayment that a patient,       2,874        

pursuant to a health insurance or health care policy, contract,    2,875        

or plan that covers such nursing services, would otherwise be      2,876        

required to pay.                                                   2,877        

      (24)  Failure to comply with the terms and conditions of     2,879        

participation in the alternative program for chemically dependent  2,881        

nurses created by section 4723.35 of the Revised Code;             2,882        

      (25)  In the case of a certified registered nurse            2,884        

anesthetist, clinical nurse specialist, certified nurse-midwife,   2,885        

or certified nurse practitioner:                                   2,886        

      (a)  Engaging in activities that exceed those permitted for  2,889        

the nurse's nursing specialty under section 4723.43 of the                      

Revised Code;                                                      2,890        

                                                          65     


                                                                 
      (b)  Failure to meet the quality assurance standards         2,892        

established under section 4723.07 of the Revised Code.             2,894        

      (26)  In the case of a clinical nurse specialist, certified  2,896        

nurse-midwife, or certified nurse practitioner, failure to         2,897        

maintain a standard care arrangement in accordance with section    2,898        

4723.431 of the Revised Code or to practice in accordance with     2,899        

the standard care arrangement;                                     2,900        

      (27)  IN THE CASE OF A CLINICAL NURSE SPECIALIST, CERTIFIED  2,903        

NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER WHO HOLDS A         2,904        

CERTIFICATE TO PRESCRIBE UNDER SECTION 4723.48 OF THE REVISED      2,907        

CODE:                                                                           

      (a)  FAILURE TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES IN   2,910        

ACCORDANCE WITH THE FORMULARY ESTABLISHED UNDER SECTION 4723.49    2,911        

OF THE REVISED CODE;                                               2,913        

      (b)  PRESCRIBING, DISPENSING, OR ADMINISTERING DRUGS AND     2,916        

THERAPEUTIC DEVICES FOR OTHER THAN LEGAL AND LEGITIMATE            2,917        

THERAPEUTIC PURPOSES.                                                           

      (28)  PRESCRIBING ANY DRUG OR DEVICE TO PERFORM OR INDUCE    2,920        

AN ABORTION, OR OTHERWISE PERFORMING OR INDUCING AN ABORTION;      2,921        

      (29)  FAILURE TO RETURN TO THE BOARD A LICENSE OR            2,923        

CERTIFICATE ISSUED UNDER THIS CHAPTER THAT HAS LAPSED OR BEEN      2,924        

SUSPENDED OR REVOKED.                                              2,925        

      (C)  If a criminal action is brought against a license       2,927        

holder for an act or crime described in divisions (B)(3) to (7)    2,928        

of this section and the action is dismissed by the trial court     2,929        

other than on the merits, the board shall hold an adjudication     2,931        

hearing to determine whether the license holder committed the act               

on which the action was based.  If the board determines on the     2,932        

basis of the hearing that the license holder committed the act,    2,933        

or if the license holder fails to participate in the hearing, the  2,934        

board may take action as though the license holder had been        2,935        

convicted of the act.                                              2,936        

      If the board takes action on the basis of a conviction,      2,938        

plea of guilty, or a judicial determination of guilt as described  2,939        

                                                          66     


                                                                 
in divisions (B)(3) to (7) of this section that is overturned on   2,940        

appeal, the license holder may, on exhaustion of the appeal        2,941        

process, petition the board for reconsideration of its action.     2,942        

On receipt of the petition and supporting court documents, the     2,943        

board shall temporarily rescind its action.  If the board          2,944        

determines that the decision on appeal was a decision on the       2,945        

merits, it shall permanently rescind its action.  If the board     2,946        

determines that the decision on appeal was not a decision on the   2,947        

merits, it shall hold an adjudicatory hearing to determine         2,948        

whether the license holder committed the act on which the          2,949        

original conviction, plea, or judicial determination was based.    2,950        

If the board determines on the basis of the hearing that the       2,951        

license holder committed such act, or if the license holder does   2,952        

not request a hearing, the board shall reinstate its action;       2,953        

otherwise, the board shall permanently rescind its action.         2,954        

      Notwithstanding the provision of division (C)(2) of section  2,956        

2953.32 of the Revised Code specifying that if records pertaining  2,957        

to a criminal case are sealed under that section the proceedings   2,958        

in the case shall be deemed not to have occurred, sealing of the   2,959        

records of a conviction on which the board has based an action     2,960        

under this section shall have no effect on the board's action or   2,961        

any sanction imposed by the board under this section.              2,962        

      (D)  In enforcing division (B) of this section, the board    2,964        

may compel any individual licensed by this chapter or who has      2,965        

applied for licensure to submit to a mental or physical            2,966        

examination, or both, as required by the board and at the expense  2,967        

of the individual.  Failure of any individual to submit to a       2,968        

mental or physical examination when directed constitutes an        2,969        

admission of the allegations, unless the failure is due to         2,970        

circumstances beyond the individual's control, and a default and   2,971        

final order may be entered without the taking of testimony or      2,972        

presentation of evidence.  If the board finds that an individual   2,973        

is impaired, the board shall require the individual to submit to   2,974        

care, counseling, or treatment approved or designated by the       2,975        

                                                          67     


                                                                 
board, as a condition for initial, continued, reinstated, or       2,976        

renewed licensure to practice.  The individual shall be afforded   2,977        

an opportunity to demonstrate to the board that the individual     2,978        

can resume the individual's occupation in compliance with          2,980        

acceptable and prevailing standards under the provisions of the    2,982        

individual's license.  For the purpose of this section, any        2,984        

individual who is licensed by this chapter or makes application    2,985        

for licensure shall be deemed to have given consent to submit to   2,986        

a mental or physical examination when directed to do so in         2,987        

writing by the board, and to have waived all objections to the     2,988        

admissibility of testimony or examination reports that constitute  2,989        

a privileged communication.                                                     

      (E)  The board shall investigate evidence that appears to    2,991        

show that any person has violated any provision of this chapter    2,992        

or any rule of the board.  Any person may report to the board any  2,993        

information the person may have that appears to show a violation   2,994        

of any provision of this chapter or rule of the board.  In the     2,995        

absence of bad faith, any person who reports such information or   2,996        

who testifies before the board in any adjudication conducted       2,998        

under Chapter 119. of the Revised Code shall not be liable for     2,999        

civil damages as a result of the report or testimony.                           

      Information received by the board pursuant to an             3,001        

investigation is confidential and not subject to discovery in any  3,002        

civil action, except that the board may disclose information to    3,003        

law enforcement officers and government entities investigating a   3,004        

person licensed by the board.  No law enforcement officer or       3,005        

government entity with knowledge of any information disclosed by   3,006        

the board pursuant to this division shall divulge the information  3,007        

to any other person or government entity except for the purpose    3,008        

of an adjudication by a court or licensing or registration board   3,009        

or officer to which the person to whom the information relates is               

a party.                                                           3,010        

      If the investigation requires a review of patient records,   3,012        

the investigation and proceeding shall be conducted in such a      3,013        

                                                          68     


                                                                 
manner as to protect patient confidentiality.                      3,014        

      All hearings and investigations of the board shall be        3,016        

considered civil actions for the purposes of section 2305.251 of   3,017        

the Revised Code.                                                  3,018        

      The hearings of the board shall be conducted in accordance   3,020        

with Chapter 119. of the Revised Code.  The board may appoint a    3,021        

hearing examiner as provided in section 119.09 to conduct any      3,022        

hearing the board is empowered to hold under Chapter 119. of the   3,023        

Revised Code.                                                      3,024        

      In the absence of fraud or bad faith, neither the board nor  3,026        

any current or former members, agents, representatives, or         3,027        

employees of the board shall be held liable in damages to any      3,028        

person as the result of any act, omission, proceeding, conduct,    3,029        

or decision related to their official duties undertaken or         3,030        

performed pursuant to this chapter.  If a current or former        3,031        

member, agent, representative, or employee requests the state to   3,032        

defend the individual against any claim or action arising out of   3,033        

any act, omission, proceeding, conduct, or decision related to     3,035        

the individual's official duties, if the request is made in        3,037        

writing at a reasonable time before trial, and if the individual   3,038        

requesting defense cooperates in good faith in the defense of the  3,039        

claim or action, the state shall provide and pay for such defense  3,040        

and shall pay any resulting judgment, compromise, or settlement.   3,041        

At no time shall the state pay that part of a claim or judgment    3,042        

that is for punitive or exemplary damages.                         3,043        

      (F)  Any action taken by the board under this section        3,045        

resulting in a suspension from practice shall be accompanied by a  3,046        

written statement of the conditions under which the person may be  3,047        

reinstated to practice.                                            3,048        

      (G)  No unilateral surrender of a license issued under this  3,050        

chapter shall be effective unless accepted by majority vote of     3,051        

the board.  No application for a license issued under this         3,052        

chapter may be withdrawn without a majority vote of the board.     3,053        

      (H)  Notwithstanding division (B)(23) of this section,       3,055        

                                                          69     


                                                                 
sanctions shall not be imposed against any licensee who waives     3,056        

deductibles and copayments:                                        3,057        

      (1)  In compliance with the health benefit plan that         3,059        

expressly allows such a practice.  Waiver of the deductibles or    3,060        

copayments shall be made only with the full knowledge and consent  3,061        

of the plan purchaser, payer, and third-party administrator.  The  3,062        

consent shall be made available to the board upon request.         3,063        

      (2)  For professional services rendered to any other person  3,065        

licensed pursuant to this chapter to the extent allowed by this    3,066        

chapter and the rules of the board.                                3,067        

      (I)  THE HOLDER OF A LICENSE OR CERTIFICATE ISSUED UNDER     3,069        

THIS CHAPTER SHALL RETURN TO THE BOARD A LICENSE OR CERTIFICATE    3,070        

THAT HAS LAPSED OR BEEN SUSPENDED OR REVOKED.                      3,071        

      Sec. 4723.42.  (A)  If the applicant for authorization to    3,080        

practice nursing as a certified registered nurse anesthetist,      3,082        

clinical nurse specialist, certified nurse-midwife, or certified   3,085        

nurse practitioner has met all the requirements of section         3,087        

4723.41 of the Revised Code and has paid the fee required by       3,089        

section 4723.08 of the Revised Code, the board of nursing shall    3,090        

issue its certificate of authority to practice nursing as a        3,092        

certified registered nurse anesthetist, clinical nurse             3,093        

specialist, certified nurse-midwife, or certified nurse            3,095        

practitioner, which shall designate the nursing specialty the      3,097        

nurse is authorized to practice.  The certificate entitles its     3,098        

holder to practice nursing in the specialty designated on the      3,099        

certificate.                                                                    

      The board shall issue or deny its certificate not later      3,102        

than sixty days after receiving all of the documents required by   3,103        

section 4723.41 of the Revised Code.  Not later than fifteen days  3,105        

after receipt of an application, the board shall provide the       3,106        

applicant with written notice, by mail, of any required documents  3,107        

that remain to be submitted.                                       3,108        

      If an applicant is under investigation for a violation of    3,111        

this chapter, the board shall conclude the investigation not       3,112        

                                                          70     


                                                                 
later than ninety days after receipt of all required documents,    3,113        

unless this ninety-day period is extended by written consent of    3,114        

the applicant, or unless the board determines that a substantial   3,116        

question of such a violation exists and the board has notified     3,117        

the applicant in writing of the reasons for the continuation of    3,118        

the investigation.  If the board determines that the applicant     3,119        

has not violated this chapter, it shall issue a certificate not    3,120        

later than forty-five days after making that determination.        3,123        

      (B)  Authorization to practice nursing as a certified        3,126        

registered nurse anesthetist, clinical nurse specialist,           3,128        

certified nurse-midwife, or certified nurse practitioner shall be  3,130        

renewed biennially according to rules and a schedule adopted by    3,132        

the board.  Before a date specified by the board, the board shall  3,134        

mail an application for renewal of a certificate of authority to   3,135        

each certificate holder at the last known address of the holder.   3,138        

Failure of the holder to receive an application for renewal from   3,139        

the board does not excuse the holder from the requirements of      3,140        

section 4723.44 of the Revised Code. Not later than the date       3,141        

specified by the board, the holder shall complete the renewal      3,143        

form and return it to the board with all of the following:         3,144        

      (1)  The renewal fee required by section 4723.08 of the      3,146        

Revised Code;                                                      3,147        

      (2)  Except as provided in division (C) of this section,     3,150        

documentation satisfactory to the board that the holder has        3,151        

maintained certification in the nursing specialty with a national  3,152        

certifying organization listed in division (A)(3) of section       3,154        

4723.41 of the Revised Code or approved by the board under         3,155        

section 4723.46 of the Revised Code;                               3,156        

      (3)  A list of the names and business addresses of the       3,158        

holder's current collaborating physicians and podiatrists, if the  3,159        

holder is a clinical nurse specialist, certified nurse-midwife,    3,160        

or certified nurse practitioner;                                                

      (4)  If the holder's certificate was issued under division   3,163        

(C) of section 4723.41 of the Revised Code, evidence that the      3,164        

                                                          71     


                                                                 
holder has completed continuing education for a clinical nurse     3,165        

specialist as required by rule of the board;                       3,166        

      (5)  If the holder's certificate was issued under division   3,169        

(D) of section 4723.41 of the Revised Code, verification of        3,170        

continued employment by a public agency or a private, nonprofit    3,171        

entity that receives funding under Title X of the "Public Health   3,173        

Service Act," 42 U.S.C. 300 and 300a-1 (1991).                     3,175        

      On receipt of the renewal application, fees, and documents,  3,178        

the board shall verify that the applicant holds a current license  3,180        

to practice nursing as a registered nurse in this state, and, if   3,182        

it so verifies, shall renew the certificate.  If an applicant      3,183        

submits the completed renewal application after the date           3,184        

specified in the board's schedule, but before the expiration of    3,185        

the certificate, the board shall grant a renewal when the late     3,186        

renewal fee required by section 4723.08 of the Revised Code is     3,187        

paid.                                                                           

      An applicant for reinstatement of an expired certificate     3,190        

shall submit the renewal fee and the late renewal fee required by  3,193        

section 4723.08 of the Revised Code.  Any holder of a certificate  3,194        

who desires inactive status shall give the board written notice    3,195        

to that effect.                                                                 

      (C)  The board shall renew a certificate of authority to     3,198        

practice nursing as a clinical nurse specialist issued pursuant    3,199        

to division (C) of section 4723.41 of the Revised Code, if the     3,201        

certificate holder complies with all renewal requirements of this  3,202        

section other than the requirement of having maintained            3,203        

certification in the holder's nursing specialty.                   3,204        

      Sec. 4723.43.  A certified registered nurse anesthetist,     3,214        

clinical nurse specialist, certified nurse-midwife, or certified   3,215        

nurse practitioner may provide to individuals and groups nursing   3,217        

care that requires knowledge and skill obtained from advanced      3,218        

formal education and clinical experience.                                       

      (A)  A nurse authorized to practice as a certified           3,221        

nurse-midwife, in collaboration with physicians, may provide the   3,222        

                                                          72     


                                                                 
management of preventive services and those primary care services  3,223        

necessary to provide health care to women antepartally,            3,224        

intrapartally, postpartally, and gynecologically, consistent with  3,225        

the nurse's education and certification, and in accordance with    3,226        

rules adopted by the board.                                                     

      No certified nurse-midwife may perform version, deliver      3,229        

breech or face presentation, use forceps, do any obstetric         3,230        

operation, or treat any other abnormal condition, except in        3,231        

emergencies.  Division (A) of this section does not prohibit a     3,233        

certified nurse-midwife from performing episiotomies or normal     3,234        

vaginal deliveries, or repairing vaginal tears.  A CERTIFIED       3,235        

NURSE-MIDWIFE WHO HOLDS A CERTIFICATE TO PRESCRIBE ISSUED UNDER    3,237        

SECTION 4723.48 OF THE REVISED CODE MAY, IN COLLABORATION WITH A   3,240        

PHYSICIAN, PRESCRIBE DRUGS AND THERAPEUTIC DEVICES IN ACCORDANCE   3,241        

WITH THAT SECTION.                                                              

      (B)  A nurse authorized to practice as a certified           3,244        

registered nurse anesthetist, with the supervision and in the      3,245        

immediate presence of a physician, podiatrist, or dentist, may     3,246        

administer anesthesia and perform anesthesia induction,                         

maintenance, and emergence, and may perform with supervision       3,247        

preanesthetic preparation and evaluation, postanesthesia care,     3,248        

and clinical support functions, consistent with the nurse's        3,250        

education and certification, and in accordance with rules adopted  3,251        

by the board.  When A CERTIFIED REGISTERED NURSE ANESTHETIST IS    3,253        

NOT REQUIRED TO OBTAIN A CERTIFICATE TO PRESCRIBE IN ORDER TO      3,254        

PROVIDE THE ANESTHESIA CARE DESCRIBED IN THIS DIVISION.            3,255        

      A PHYSICIAN WHO IS SUPERVISING A CERTIFIED REGISTERED NURSE  3,258        

ANESTHETIST MUST BE THE HOLDER OF A CERTIFICATE ISSUED UNDER       3,259        

CHAPTER 4731. OF THE REVISED CODE AUTHORIZING THE PRACTICE OF      3,262        

MEDICINE AND SURGERY OR OSTEOPATHIC MEDICINE AND SURGERY AND BE    3,263        

ACTIVELY ENGAGED IN THE PRACTICE OF MEDICINE IN THIS STATE.  A                  

PODIATRIST WHO IS SUPERVISING A CERTIFIED REGISTERED NURSE         3,265        

ANESTHETIST MUST BE THE HOLDER OF A CERTIFICATE ISSUED UNDER       3,266        

CHAPTER 4731. OF THE REVISED CODE AUTHORIZING THE PRACTICE OF      3,269        

                                                          73     


                                                                 
PODIATRY AND BE ACTIVELY ENGAGED IN THE PRACTICE OF PRODIATRY IN                

THIS STATE.  A DENTIST WHO IS SUPERVISING A CERTIFIED REGISTERED   3,271        

NURSE ANESTHETIST MUST BE LICENSED UNDER CHAPTER 4715. OF THE      3,273        

REVISED CODE TO PRACTICE DENTISTRY AND BE ACTIVELY ENGAGED IN THE  3,275        

PRACTICE OF DENTISTRY IN THIS STATE.                                            

      WHEN a certified registered nurse anesthetist is supervised  3,278        

by a podiatrist, the nurse's scope of practice is limited to the   3,279        

anesthesia procedures that the podiatrist has the authority under  3,280        

section 4731.51 of the Revised Code to perform.  A certified       3,281        

registered nurse anesthetist may not administer general            3,282        

anesthesia under the supervision of a podiatrist in a                           

podiatrist's office.  When a certified registered nurse            3,283        

anesthetist is supervised by a dentist, the nurse's scope of       3,285        

practice is limited to the anesthesia procedures that the dentist               

has the authority under Chapter 4715. of the Revised Code to       3,287        

perform.                                                                        

      (C)  A nurse authorized to practice as a certified nurse     3,289        

practitioner, in collaboration with physicians or podiatrists,     3,290        

may provide preventive and primary care services and evaluate and  3,292        

promote patient wellness within the nurse's nursing specialty,                  

consistent with the nurse's education and certification, and in    3,293        

accordance with rules adopted by the board.  When A CERTIFIED      3,295        

NURSE PRACTITIONER WHO HOLDS A CERTIFICATE TO PRESCRIBE ISSUED     3,296        

UNDER SECTION 4723.48 OF THE REVISED CODE MAY, IN COLLABORATION    3,298        

WITH A PHYSICIAN OR PODIATRIST, PRESCRIBE DRUGS AND THERAPEUTIC    3,299        

DEVICES IN ACCORDANCE WITH THAT SECTION.                           3,300        

      WHEN a certified nurse practitioner is collaborating with a  3,303        

podiatrist, the nurse's scope of practice is limited to the        3,304        

procedures that the podiatrist has the authority under section     3,305        

4731.51 of the Revised Code to perform.                            3,306        

      (D)  A nurse authorized to practice as a clinical nurse      3,309        

specialist, in collaboration with physicians or podiatrists, may   3,310        

provide and manage the care of individuals and groups with         3,311        

complex health problems and provide health care services that      3,312        

                                                          74     


                                                                 
promote, improve, and manage health care within the nurse's        3,313        

nursing specialty, consistent with the nurse's education and in    3,314        

accordance with rules adopted by the board.  When A CLINICAL       3,315        

NURSE SPECIALIST WHO HOLDS A CERTIFICATE TO PRESCRIBE ISSUED       3,316        

UNDER SECTION 4723.48 OF THE REVISED CODE MAY, IN COLLABORATION    3,318        

WITH A PHYSICIAN OR PODIATRIST, PRESCRIBE DRUGS AND THERAPEUTIC    3,319        

DEVICES IN ACCORDANCE WITH THAT SECTION.                           3,320        

      WHEN a clinical nurse specialist is collaborating with a     3,322        

podiatrist, the nurse's scope of practice is limited to the        3,323        

procedures that the podiatrist has the authority under section     3,324        

4731.51 of the Revised Code to perform.                            3,325        

      Sec. 4723.431.  (A)  Except as provided in division (C) of   3,335        

this section, a clinical nurse specialist, certified               3,336        

nurse-midwife, or certified nurse practitioner may practice only   3,337        

in accordance with a standard care arrangement entered into with                

one or more collaborating physicians or podiatrists whose          3,338        

practice is the same as or similar to the nurse's nursing          3,339        

specialty.  A PHYSICIAN OR PODIATRIST WHO IS COLLABORATING WITH A  3,340        

CLINICAL NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED   3,341        

NURSE PRACTITIONER MUST BE THE HOLDER OF A CERTIFICATE ISSUED      3,342        

UNDER CHAPTER 4731. OF THE REVISED CODE AUTHORIZING THE PRACTICE   3,346        

OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR      3,347        

PODIATRY AND BE ACTIVELY ENGAGED IN THE PRACTICE OF MEDICINE OR    3,348        

PODIATRY IN THIS STATE.  The standard care arrangement shall be    3,351        

in writing and contain all of the following:                                    

      (1)  Criteria for referral of a patient by the clinical      3,353        

nurse specialist, certified nurse-midwife, or certified nurse      3,354        

practitioner to a collaborating physician or podiatrist;           3,355        

      (2)  A process for the clinical nurse specialist, certified  3,357        

nurse-midwife, or certified nurse practitioner to obtain a         3,358        

consultation with the physician or podiatrist;                     3,359        

      (3)  A plan for coverage in instances of emergency or        3,361        

planned absences of either the clinical nurse specialist,          3,362        

certified nurse-midwife, or certified nurse practitioner or the    3,363        

                                                          75     


                                                                 
collaborating physician or podiatrist that provides the means      3,364        

whereby a physician or podiatrist is available for emergency                    

care;                                                              3,365        

      (4)  The process for resolution of disagreements regarding   3,367        

matters of patient management between the clinical nurse           3,368        

specialist, certified nurse-midwife, or certified nurse            3,369        

practitioner and the collaborating physician or podiatrist;        3,370        

      (5)  A procedure for a regular review of the referrals by    3,372        

the clinical nurse specialist, certified nurse-midwife, or         3,373        

certified nurse practitioner to other health care professionals    3,374        

and the care outcomes for a random sample of all patients seen by  3,375        

the nurse;                                                                      

      (6)  If the clinical nurse specialist or certified nurse     3,378        

practitioner regularly provides services to infants, a policy for  3,379        

care of infants up to age one and recommendations for                           

collaborating physician visits for children from birth to age      3,380        

three;                                                                          

      (7)  IN THE CASE OF A CLINICAL NURSE SPECIALIST, CERTIFIED   3,382        

NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER WHO HOLDS A         3,383        

CERTIFICATE TO PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE       3,384        

REVISED CODE, A REQUIREMENT THAT THE COLLABORATING PHYSICIAN OR    3,386        

PODIATRIST COLLABORATE WITH NO MORE THAN THREE NURSES WHO HOLD     3,387        

CERTIFICATES TO PRESCRIBE AT A TIME.  DIVISION (A)(7) OF THIS      3,388        

SECTION DOES NOT PROHIBIT A PHYSICIAN OR PODIATRIST FROM ENTERING  3,389        

INTO A STANDARD CARE ARRANGEMENT WITH MORE THAN THREE NURSES WHO   3,391        

HOLD CERTIFICATES TO PRESCRIBE.                                                 

      (8)  Any other criteria required by rule of the board JOINT  3,393        

FORMULARY COMMITTEE adopted pursuant to section 4723.07 4723.49    3,396        

of the Revised Code.                                               3,397        

      (B)  The standard care arrangement shall be retained on      3,400        

file at the site where the clinical nurse specialist, certified                 

nurse-midwife, or certified nurse practitioner practices by the    3,401        

nurse and the collaborating physician or podiatrist.  Prior        3,402        

approval of the standard care arrangement by the board of nursing  3,403        

                                                          76     


                                                                 
is not required, but the board may periodically review it for      3,404        

compliance with this section.                                                   

      (C)  A clinical nurse specialist whose nursing specialty is  3,407        

mental health or psychiatric mental health, as determined by the   3,408        

board, is not required to enter into a standard care arrangement                

with a collaborating physician, but shall practice in              3,409        

collaboration with physicians.                                     3,410        

      (D)  Nothing in this section prohibits a hospital from       3,412        

hiring a clinical nurse specialist, certified nurse-midwife, or    3,413        

certified nurse practitioner as an employee and negotiating        3,414        

standard care arrangements on behalf of the employee as necessary  3,415        

to meet the requirements of this section.  A standard care         3,416        

arrangement between the hospital's employee and the employee's                  

collaborating physician is subject to approval by the medical      3,417        

staff and governing body of the hospital prior to implementation   3,418        

of the arrangement at the hospital.                                3,419        

      Sec. 4723.44.  (A)  No person shall do any of the following  3,429        

unless the person holds a current, valid certificate of authority  3,432        

to practice nursing as a certified registered nurse anesthetist,   3,433        

clinical nurse specialist, certified nurse-midwife, or certified   3,434        

nurse practitioner issued by the board of nursing under this       3,436        

chapter:                                                                        

      (1)  Engage in the practice of nursing as a certified        3,438        

registered nurse anesthetist, clinical nurse specialist,           3,439        

certified nurse-midwife, or certified nurse practitioner for a     3,440        

fee, salary, or other consideration, or as a volunteer;            3,442        

      (2)  Hold herself or himself ONESELF out as being a          3,444        

certified registered nurse anesthetist, clinical nurse             3,446        

specialist, certified nurse-midwife, or certified nurse            3,447        

practitioner;                                                                   

      (3)  Use any title or initials implying that the person is   3,449        

a certified registered nurse anesthetist, clinical nurse           3,450        

specialist, certified nurse-midwife, or certified nurse            3,451        

practitioner.                                                                   

                                                          77     


                                                                 
      (B)  No person who is not certified by the national council  3,454        

on certification of nurse anesthetists of the American             3,455        

association of nurse anesthetists, the national council on         3,456        

recertification of nurse anesthetists of the American association  3,457        

of nurse anesthetists, or another national certifying              3,458        

organization approved by the board under section 4723.46 of the    3,459        

Revised Code shall use the title "certified registered nurse       3,461        

anesthetist" or the initials "C.R.N.A.," or any other title or     3,463        

initial implying that the person has been certified by the         3,464        

council or organization.                                           3,465        

      (C)  No certified registered nurse anesthetist, clinical     3,468        

nurse specialist, certified nurse-midwife, or certified nurse                   

practitioner shall do any of the following:                        3,470        

      (1)  Engage, for a fee, salary, or other consideration, or   3,473        

as a volunteer, in the practice of a nursing specialty other than  3,474        

the specialty designated on the nurse's current, valid                          

certificate of authority issued by the board under this chapter;   3,475        

      (2)  Hold herself or himself ONESELF out as being            3,477        

authorized to practice any nursing specialty other than the        3,479        

specialty designated on the current, valid certificate;            3,480        

      (3)  Use the title "certified registered nurse anesthetist"  3,483        

or the initials "N.A." or "C.R.N.A.," the title "clinical nurse                 

specialist" or the initials "C.N.S.," the title "certified         3,485        

nurse-midwife" or the initials "C.N.M.," the title "certified      3,486        

nurse practitioner" or the initials "C.N.P.," or any other title   3,488        

or initials implying that the nurse is authorized to practice any  3,489        

nursing specialty other than the specialty designated on the       3,490        

nurse's current, valid certificate;                                3,491        

      (4)  Enter into a standard care arrangement with a           3,493        

physician or podiatrist whose practice is not the same or similar  3,494        

to the nurse's nursing specialty;                                  3,495        

      (5)  PRESCRIBE DRUGS OR THERAPEUTIC DEVICES UNLESS THE       3,497        

NURSE HOLDS A CURRENT, VALID CERTIFICATE TO PRESCRIBE ISSUED       3,498        

UNDER SECTION 4723.48 OF THE REVISED CODE;                         3,501        

                                                          78     


                                                                 
      (6)  IF THE NURSE HOLDS A CURRENT, VALID CERTIFICATE TO      3,503        

PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE REVISED CODE,        3,506        

PRESCRIBE DRUGS OR THERAPEUTIC DEVICES THAT ARE NOT LISTED ON THE  3,508        

FORMULARY ESTABLISHED UNDER SECTION 4723.49 OF THE REVISED CODE;   3,510        

      (7)  PRESCRIBE ANY DRUG OR DEVICE TO PERFORM OR INDUCE AN    3,512        

ABORTION, OR OTHERWISE PERFORM OR INDUCE AN ABORTION.              3,513        

      (D)  No person shall knowingly employ a person to engage in  3,516        

the practice of nursing as a certified registered nurse            3,517        

anesthetist, clinical nurse specialist, certified nurse-midwife,                

or certified nurse practitioner unless the person so employed      3,518        

holds a current, valid certificate of authority to engage in that  3,519        

nursing specialty issued by the board under this chapter.          3,520        

      (E)  A certificate certified by the executive director of    3,523        

the board, under the official seal of the board, to the effect     3,524        

that it appears from the records that no certificate of authority  3,525        

to practice nursing as a certified registered nurse anesthetist,   3,527        

clinical nurse specialist, certified nurse-midwife, or certified                

nurse practitioner has been issued to any person specified         3,529        

therein, or that a certificate, if issued, has been revoked or     3,530        

suspended, shall be received as prima-facie evidence of the        3,531        

record in any court or before any officer of the state.            3,532        

      Sec. 4723.47.  (A)  If a certified registered nurse          3,542        

anesthetist's, clinical nurse specialist's, certified              3,543        

nurse-midwife's, or certified nurse practitioner's license to      3,544        

practice nursing as a registered nurse expires for failure to      3,545        

renew under section 4723.24 of the Revised Code, the nurse's       3,546        

certificate of authority to practice nursing as a certified        3,547        

registered nurse anesthetist, clinical nurse specialist,           3,548        

certified nurse-midwife, or certified nurse practitioner is        3,550        

automatically suspended LAPSED until the license is reinstated.    3,551        

If the license is revoked under section 4723.28 or 4723.281 of     3,552        

the Revised Code, the nurse's certificate of authority is          3,553        

automatically revoked.  If the license is suspended under either   3,554        

section, the nurse's certificate of authority is automatically     3,555        

                                                          79     


                                                                 
suspended while the license remains suspended.                     3,556        

      (B)  IF THE CERTIFICATE OF AUTHORITY OF A CLINICAL NURSE     3,559        

SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED NURSE            3,560        

PRACTITIONER TO PRACTICE NURSING AS A CLINICAL NURSE SPECIALIST,   3,561        

CERTIFIED NURSE-MIDWIFE, OR CERTIFIED NURSE PRACTITIONER EXPIRES   3,562        

FOR FAILURE TO RENEW UNDER SECTION 4723.41 OF THE REVISED CODE,    3,565        

THE NURSE'S CERTIFICATE TO PRESCRIBE DRUGS AND THERAPEUTIC         3,566        

DEVICES IS LAPSED UNTIL THE CERTIFICATE OF AUTHORITY IS            3,567        

REINSTATED.  IF THE CERTIFICATE OF AUTHORITY BECOMES INACTIVE IN   3,568        

ACCORDANCE WITH SECTION 4723.42 OF THE REVISED CODE, THE NURSE'S   3,571        

CERTIFICATE TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES IS LAPSED   3,572        

UNTIL THE CERTIFICATE OF AUTHORITY BECOMES ACTIVE.  IF THE         3,575        

CERTIFICATE OF AUTHORITY IS REVOKED UNDER SECTION 4723.28 OR                    

4723.281 OF THE REVISED CODE, THE NURSE'S CERTIFICATE TO           3,578        

PRESCRIBE IS AUTOMATICALLY REVOKED.  IF THE CERTIFICATE OF                      

AUTHORITY IS SUSPENDED UNDER EITHER SECTION, THE NURSE'S           3,579        

CERTIFICATE TO PRESCRIBE IS AUTOMATICALLY SUSPENDED WHILE THE      3,580        

CERTIFICATE OF AUTHORITY REMAINS SUSPENDED.  IF A RESTRICTION IS   3,581        

PLACED ON THE CERTIFICATE OF AUTHORITY UNDER SECTION 4723.28 OF    3,583        

THE REVISED CODE, THE SAME RESTRICTION IS PLACED ON THE NURSE'S    3,586        

CERTIFICATE TO PRESCRIBE WHILE THE CERTIFICATE OF AUTHORITY        3,587        

REMAINS RESTRICTED.                                                             

      Sec. 4723.48.  (A)  TO BE ELIGIBLE FOR A CERTIFICATE TO      3,590        

PRESCRIBE DRUGS AND THERAPEUTIC DEVICES, A CLINICAL NURSE          3,591        

SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED NURSE            3,592        

PRACTITIONER MUST, WITHIN THE THREE-YEAR PERIOD PRIOR TO APPLYING  3,594        

FOR THE CERTIFICATE, HAVE SUCCESSFULLY COMPLETED A COURSE OF       3,596        

STUDY IN ADVANCED PHARMACOLOGY THAT CONSISTS OF PLANNED CLASSROOM  3,598        

AND CLINICAL STUDY IN ADVANCED PHARMACOLOGY THAT MEETS THE COURSE  3,599        

REQUIREMENTS OF DIVISION (B) OF THIS SECTION, INCLUDES A MINIMUM   3,600        

OF THIRTY CONTACT HOURS OF TRAINING IN ADVANCED PHAMACOLOGY, AND   3,602        

IS APPROVED BY THE BOARD OF NURSING PURSUANT TO RULES ADOPTED                   

UNDER SECTION 4723.07 OF THE REVISED CODE.                         3,603        

      (B)  THE COURSE OF STUDY IN ADVANCED PHARMACOLOGY REQUIRED   3,605        

                                                          80     


                                                                 
BY DIVISION (A) OF THIS SECTION MUST INCLUDE ALL OF THE            3,608        

FOLLOWING:                                                                      

      (1)  PHARMACOKINETIC PRINCIPLES AND CLINICAL APPLICATION;    3,610        

      (2)  USE OF DRUGS AND THERAPEUTIC DEVICES IN THE PREVENTION  3,613        

OF ILLNESS AND MAINTENANCE OF HEALTH;                                           

      (3)  CONTENT SPECIFIC TO THE CLINICAL NURSE SPECIALIST'S,    3,616        

CERTIFIED NURSE-MIDWIFE'S, OR CERTIFIED NURSE PRACTITIONER'S       3,617        

NURSING SPECIALTY;                                                 3,618        

      (4)  THE FISCAL IMPLICATIONS OF PRESCRIBING DRUGS AND        3,620        

THERAPEUTIC DEVICES;                                               3,622        

      (5)  THE ETHICAL IMPLICATIONS OF PRESCRIBING DRUGS AND       3,624        

THERAPEUTIC DEVICES;                                               3,625        

      (6)  THE STATE AND FEDERAL LAWS REGULATING ALL ASPECTS OF    3,627        

PHARMACOLOGY;                                                      3,628        

      (7)  ANY ADDITIONAL REQUIREMENT PROVIDED FOR PURSUANT TO     3,630        

RULES ADOPTED BY THE BOARD UNDER SECTION 4723.07 OF THE REVISED    3,631        

CODE.                                                                           

      (C)  AN APPLICANT FOR A CERTIFICATE UNDER THIS SECTION       3,634        

SHALL FILE WITH THE BOARD A WRITTEN APPLICATION THAT CONTAINS ALL  3,635        

OF THE FOLLOWING:                                                               

      (1)  EVIDENCE THAT THE APPLICANT HOLDS A CURRENT, VALID      3,637        

CERTIFICATE OF AUTHORITY TO PRACTICE AS A CLINICAL NURSE           3,639        

SPECIALIST, CERTIFIED NURSE-MIDWIFE, OR CERTIFIED NURSE            3,640        

PRACTITIONER ISSUED UNDER SECTION 4723.41 OF THE REVISED CODE;     3,642        

      (2)  EVIDENCE OF HAVING SUCCESSFULLY COMPLETED THE ADVANCED  3,644        

PHARMACOLOGY INSTRUCTION REQUIRED BY DIVISION (A) OF THIS          3,646        

SECTION;                                                                        

      (3)  ON A FORM APPROVED BY THE BOARD AND INCLUDED WITH THE   3,648        

APPLICATION, A STATEMENT BY A PHYSICIAN WHO IS COLLABORATING WITH  3,649        

THE APPLICANT ATTESTING THAT, AFTER SUCCESSFULLY COMPLETING THE    3,650        

ADVANCED PHARMACOLOGY INSTRUCTION REQUIRED BY DIVISION (A) OF      3,651        

THIS SECTION AND FOR A PERIOD OF NOT LESS THAN ONE YEAR, THE       3,652        

APPLICANT HAS DEMONSTRATED COMPETENCE, KNOWLEDGE, AND SKILL IN     3,653        

PHARMACOKINETIC PRINCIPLES AND THEIR CLINICAL APPLICATION TO THE   3,654        

                                                          81     


                                                                 
NURSE'S SPECIALTY CONSISTENT WITH THE INSTRUCTION REQUIRED BY      3,655        

DIVISION (A) OF THIS SECTION;                                      3,656        

      (4)  THE FEE REQUIRED BY SECTION 4723.08 OF THE REVISED      3,659        

CODE FOR A CERTIFICATE TO PRESCRIBE;                               3,660        

      (5)  ANY ADDITIONAL INFORMATION THE BOARD REQUIRES PURSUANT  3,662        

TO RULES ADOPTED UNDER SECTION 4723.07 OF THE REVISED CODE.        3,664        

      THE BOARD SHALL ISSUE A CERTIFICATE TO PRESCRIBE DRUGS AND   3,666        

THERAPEUTIC DEVICES TO AN APPLICANT WHO MEETS THE REQUIREMENTS OF  3,668        

THIS DIVISION.                                                                  

      (D)(1)  THE BOARD MAY WAIVE THE REQUIREMENT THAT THE         3,670        

ADVANCED PHARMACOLOGY INSTRUCTION REQUIRED BY DIVISION (A) OF      3,672        

THIS SECTION HAS BEEN COMPLETED WITHIN THE THREE-YEAR PERIOD       3,673        

PRIOR TO APPLICATION FOR A CERTIFICATE IF THE APPLICANT SUBMITS    3,674        

TO THE BOARD EVIDENCE THAT THE APPLICANT IS AUTHORIZED TO          3,676        

PRESCRIBE DRUGS AND THERAPEUTIC DEVICES IN ANOTHER JURISDICTION    3,677        

AND HAS BEEN PRESCRIBING DRUGS AND THERAPEUTIC DEVICES UNDER THAT  3,679        

AUTHORITY.                                                                      

      (2)  THE BOARD MAY WAIVE THE REQUIREMENT DESCRIBED IN        3,681        

DIVISION (C)(3) OF THIS SECTION IF A PHYSICIAN WHO COLLABORATES    3,683        

WITH THE APPLICANT RECOMMENDS ON A FORM APPROVED BY THE BOARD      3,684        

THAT THE APPLICANT BE GRANTED A CERTIFICATE UNDER THIS SECTION     3,685        

AND ONE OF THE FOLLOWING APPLIES:                                               

      (a)  AS OF THE EFFECTIVE DATE OF THIS SECTION, THE           3,687        

APPLICANT HAS THREE CONSECUTIVE YEARS OF CLINICAL EXPERIENCE,      3,689        

WITHIN THE FIVE-YEAR PERIOD PRIOR TO THE EFFECTIVE DATE OF THIS    3,690        

SECTION, AS A REGISTERED NURSE PRACTICING IN THIS STATE AS A       3,691        

CLINICAL NURSE SPECIALIST, NURSE-MIDWIFE, OR NURSE PRACTITIONER.   3,692        

      (b)  THE APPLICANT SUBMITS TO THE BOARD EVIDENCE THAT THE    3,694        

APPLICANT IS AUTHORIZED IN ANOTHER JURISDICTION TO PRESCRIBE       3,696        

DRUGS AND THERAPEUTIC DEVICES AND HAS THREE CONSECUTIVE YEARS OF   3,697        

CLINICAL EXPERIENCE, WITHIN THE FIVE-YEAR PERIOD PRECEDING THE     3,698        

DATE AN APPLICATION IS FILED UNDER DIVISION (C) OF THIS SECTION,   3,699        

AS A REGISTERED NURSE PRACTICING IN ANOTHER JURISDICTION AS A      3,700        

CLINICAL NURSE SPECIALIST, NURSE-MIDWIFE, OR NURSE PRACTITIONER.   3,701        

                                                          82     


                                                                 
      (E)  A CERTIFICATE ISSUED UNDER THIS SECTION SHALL BE        3,704        

RENEWED BIENNIALLY ACCORDING TO RULES AND A SCHEDULE ADOPTED BY    3,705        

THE BOARD.  THE BOARD MAY RENEW THE CERTIFICATE IF THE HOLDER      3,706        

SUBMITS TO THE BOARD ALL OF THE FOLLOWING:                         3,707        

      (1)  EVIDENCE OF HAVING COMPLETED DURING THE PREVIOUS TWO    3,709        

YEARS AT LEAST TWELVE HOURS OF CONTINUING EDUCATION IN ADVANCED    3,711        

PHARMACOLOGY FROM AN ACCREDITED INSTITUTION RECOGNIZED BY THE                   

BOARD OR, IN THE CASE OF A CERTIFICATE TO PRESCRIBE THAT WAS       3,713        

ISSUED FOR LESS THAN THE BIENNIAL RENEWAL PERIOD, EVIDENCE OF      3,714        

HAVING COMPLETED THE NUMBER OF HOURS SPECIFIED BY THE BOARD IN     3,715        

RULES ADOPTED UNDER DIVISION (R) OF SECTION 4723.07 OF THE         3,718        

REVISED CODE;                                                      3,719        

      (2)  THE RENEWAL FEE REQUIRED BY SECTION 4723.08 OF THE      3,722        

REVISED CODE;                                                                   

      (3)  ANY ADDITIONAL INFORMATION THE BOARD REQUIRES PURSUANT  3,724        

TO RULES ADOPTED UNDER SECTION 4723.07 OF THE REVISED CODE.        3,726        

      (F)  EACH CLINICAL NURSE SPECIALIST, CERTIFIED               3,728        

NURSE-MIDWIFE, AND CERTIFIED NURSE PRACTITIONER WHO HOLDS A        3,731        

CERTIFICATE TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES SHALL       3,732        

PRESCRIBE IN ACCORDANCE WITH THE FORMULARY ESTABLISHED UNDER       3,734        

SECTION 4723.49 OF THE REVISED CODE.                               3,735        

      (G)  THE CONTINUING EDUCATION IN ADVANCED PHARMACOLOGY       3,737        

REQUIRED BY THIS SECTION IS IN ADDITION TO ANY OTHER CONTINUING    3,738        

EDUCATION REQUIRED UNDER THIS CHAPTER.                             3,739        

      Sec. 4723.49.  (A)  THERE IS HEREBY CREATED THE JOINT        3,742        

FORMULARY COMMITTEE CONSISTING OF THE FOLLOWING MEMBERS:           3,743        

      (1)  A CERTIFIED NURSE-MIDWIFE;                              3,745        

      (2)  A CERTIFIED NURSE PRACTITIONER;                         3,747        

      (3)  A CLINICAL NURSE SPECIALIST;                            3,749        

      (4)  A MEMBER OF THE BOARD OF NURSING WHO IS A CERTIFIED     3,751        

NURSE-MIDWIFE, CERTIFIED NURSE PRACTITIONER, OR CLINICAL NURSE     3,752        

SPECIALIST;                                                                     

      (5)  FOUR INDIVIDUALS WHO HOLD VALID CERTIFICATES ISSUED     3,754        

UNDER CHAPTER 4731. OF THE REVISED CODE AUTHORIZING THE PRACTICE   3,756        

                                                          83     


                                                                 
OF MEDICINE AND SURGERY, OSTEOPATHIC MEDICINE AND SURGERY, OR      3,758        

PODIATRY, AT LEAST THREE OF WHOM ARE INDIVIDUALS WHO COLLABORATE                

WITH CERTIFIED NURSE-MIDWIVES, CERTIFIED NURSE PRACTITIONERS, OR   3,760        

CLINICAL NURSE SPECIALISTS;                                        3,761        

      (6)  AN INDIVIDUAL WHO HOLDS A VALID IDENTIFICATION CARD     3,763        

ISSUED UNDER CHAPTER 4729. OF THE REVISED CODE AUTHORIZING THE     3,765        

PRACTICE OF PHARMACY.                                                           

      (B)  INITIAL APPOINTMENTS OF MEMBERS SHALL BE MADE NO LATER  3,768        

THAN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION.  THE    3,769        

BOARD OF NURSING SHALL APPOINT THE MEMBERS DESCRIBED IN DIVISION   3,771        

(A)(1) TO (4) OF THIS SECTION.  THE STATE MEDICAL BOARD SHALL      3,772        

APPOINT THE MEMBERS DESCRIBED IN DIVISION (A)(5) OF THIS SECTION.  3,773        

THE STATE BOARD OF PHARMACY SHALL APPOINT THE MEMBER DESCRIBED IN  3,774        

DIVISION (A)(6) OF THIS SECTION.  ALL APPOINTMENTS SHALL BE BASED  3,776        

ON RECOMMENDATIONS SUBMITTED UNDER DIVISION (E) OF THIS SECTION.   3,778        

OF THE INITIAL APPOINTMENTS OF THE MEMBERS DESCRIBED IN DIVISIONS  3,779        

(A)(1) TO (4) OF THIS SECTION, TWO SHALL BE FOR TERMS OF THREE     3,780        

YEARS AND TWO SHALL BE FOR TERMS OF TWO YEARS.  OF THE INITIAL     3,782        

APPOINTMENTS OF THE MEMBERS DESCRIBED IN DIVISION (A)(5) OF THIS   3,783        

SECTION, TWO SHALL BE FOR TERMS OF THREE YEARS AND TWO SHALL BE    3,784        

FOR TERMS OF TWO YEARS.  THE INITIAL APPOINTMENT OF THE MEMBER     3,785        

DESCRIBED IN DIVISION (A)(6) OF THIS SECTION SHALL BE FOR THREE    3,787        

YEARS.  THEREAFTER, ALL APPOINTMENTS SHALL BE FOR TERMS OF THREE   3,788        

YEARS, EACH TERM ENDING ON THE SAME DAY OF THE SAME MONTH OF THE   3,789        

YEAR AS DID THE TERM THAT IT SUCCEEDS.  WHEN THE TERM OF ANY       3,790        

MEMBER EXPIRES, A SUCCESSOR SHALL BE APPOINTED WHO HAS THE         3,791        

QUALIFICATIONS THE VACANCY REQUIRES.  ANY MEMBER APPOINTED TO      3,792        

FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION OF THE TERM FOR   3,793        

WHICH THE MEMBER'S PREDECESSOR WAS APPOINTED SHALL HOLD OFFICE     3,794        

FOR THE REMAINDER OF THAT TERM.  A MEMBER SHALL CONTINUE IN        3,795        

OFFICE SUBSEQUENT TO THE EXPIRATION DATE OF THE MEMBER'S TERM      3,796        

UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE, OR UNTIL A PERIOD OF    3,797        

SIXTY DAYS HAS ELAPSED, WHICHEVER OCCURS FIRST.  IF THE STATE      3,798        

MEDICAL BOARD OR STATE BOARD OF PHARMACY FAILS TO APPOINT A        3,799        

                                                          84     


                                                                 
SUCCESSOR PRIOR TO THIRTY DAYS AFTER THE EXPIRATION OF THE TERM    3,800        

FOR WHICH THE APPOINTMENT IS TO BE MADE, THE BOARD OF NURSING                   

SHALL APPOINT THE SUCCESSOR.  NO MEMBER SHALL BE REAPPOINTED TO    3,801        

THE COMMITTEE MORE THAN ONCE.                                      3,802        

      MEMBERS SHALL SERVE WITHOUT COMPENSATION BUT SHALL RECEIVE   3,804        

THEIR ACTUAL AND NECESSARY EXPENSES INCURRED IN THE PERFORMANCE    3,805        

OF THEIR OFFICIAL DUTIES.                                          3,806        

      (C)  THE COMMITTEE SHALL SELECT A CHAIRPERSON FROM THE       3,809        

MEMBERS LISTED IN DIVISIONS (A)(1) TO (4) OF THIS SECTION OR FROM  3,811        

THE MEMBERS DESCRIBED IN DIVISION (A)(5) OF THIS SECTION WHO ARE   3,812        

COLLABORATING PHYSICIANS OR PODIATRISTS.  THE COMMITTEE MAY        3,814        

SELECT A NEW CHAIRPERSON AT ANY TIME.  THE COMMITTEE SHALL MEET    3,815        

AT INTERVALS AGREED TO BY ITS MEMBERS OR AT THE CALL OF THE        3,816        

CHAIRPERSON.  FIVE MEMBERS OF THE COMMITTEE SHALL CONSTITUTE A     3,818        

QUORUM.  THE COMMITTEE SHALL ESTABLISH A FORMULARY, AND ANY        3,819        

SUPPLEMENTS TO THE FORMULARY, LISTING THE CLASSES OF DRUGS AND     3,820        

THERAPEUTIC DEVICES THAT MAY BE PRESCRIBED BY CLINICAL NURSE       3,821        

SPECIALISTS, CERTIFIED NURSE-MIDWIVES, OR CERTIFIED NURSE          3,822        

PRACTITIONERS WHO HOLD CERTIFICATES ISSUED UNDER SECTION 4723.48   3,823        

OF THE REVISED CODE.  THE FORMULARY MAY LIMIT THE CLASSES OF       3,825        

DRUGS AND THERAPEUTIC DEVICES THAT MAY BE DISPENSED BY A NURSE     3,826        

WHO HOLDS A CERTIFICATE TO PRESCRIBE, EXCEPT THAT THE FORMULARY    3,827        

MAY NOT PROHIBIT A NURSE WHO HOLDS A CERTIFICATE TO PRESCRIBE      3,828        

FROM PERSONALLY FURNISHING SAMPLES OF DRUGS THAT ARE LISTED ON     3,829        

THE FORMULARY.  THE FORMULARY MAY INCLUDE CONTROLLED SUBSTANCES,   3,831        

AS DEFINED IN SECTION 3719.01 OF THE REVISED CODE.  THE FORMULARY  3,832        

SHALL NOT PERMIT THE PRESCRIBING OF ANY DRUG OR DEVICE TO PERFORM  3,833        

OR INDUCE AN ABORTION.  THE COMMITTEE SHALL CONSULT WITH THE       3,835        

BOARD OF NURSING, STATE BOARD OF PHARMACY, AND STATE MEDICAL       3,836        

BOARD PRIOR TO ESTABLISHING A FORMULARY OR ANY SUPPLEMENTS TO THE  3,837        

FORMULARY.                                                                      

      (D)  THE COMMITTEE SHALL ADOPT RULES ESTABLISHING CRITERIA   3,840        

FOR STANDARD CARE ARRANGEMENTS DESCRIBED IN SECTION 4723.431 OF    3,841        

THE REVISED CODE.  THE RULES SHALL BE CONSISTENT WITH THAT         3,842        

                                                          85     


                                                                 
SECTION AND INCLUDE ALL OF THE FOLLOWING:                                       

      (1)  QUALITY ASSURANCE STANDARDS;                            3,844        

      (2)  PROCEDURES FOR PERIODIC CHART REVIEW BY A               3,846        

COLLABORATING PHYSICIAN OR PODIATRIST;                             3,847        

      (3)  ACCEPTABLE TRAVEL TIME BETWEEN THE LOCATION AT WHICH    3,849        

THE NURSE IS ACTING UNDER A STANDARD CARE ARRANGEMENT AND THE      3,850        

LOCATION OF THE NURSE'S COLLABORATING PHYSICIAN OR PODIATRIST;     3,851        

      (4)  ANY OTHER CRITERIA REQUIRED BY THE JOINT FORMULARY      3,853        

COMMITTEE.                                                                      

      (E)  INDIVIDUALS AND PROFESSIONAL NURSING ASSOCIATIONS MAY   3,856        

MAKE RECOMMENDATIONS TO THE BOARD OF NURSING FOR THE APPOINTMENT   3,857        

OF THE MEMBERS DESCRIBED IN DIVISIONS (A)(1) TO (4) OF THIS        3,859        

SECTION.  INDIVIDUALS AND PROFESSIONAL MEDICAL ASSOCIATIONS MAY    3,860        

MAKE RECOMMENDATIONS TO THE STATE MEDICAL BOARD FOR THE MEMBERS    3,861        

DESCRIBED IN DIVISION (A)(5) OF THIS SECTION.  INDIVIDUALS AND     3,863        

PROFESSIONAL PHARMACY ASSOCIATIONS MAY MAKE RECOMMENDATIONS TO     3,864        

THE STATE PHARMACY BOARD FOR THE MEMBER DESCRIBED IN DIVISION      3,865        

(A)(6) OF THIS SECTION.  IF NO RECOMMENDATIONS ARE MADE TO FILL A  3,866        

VACANCY, THE APPROPRIATE BOARD SHALL APPOINT A MEMBER TO FILL THE  3,867        

VACANCY ON ITS OWN RECOMMENDATION.                                 3,868        

      Sec. 4723.52.  (A)  The school of nursing of case western    3,877        

reserve university, the school of nursing of wright state          3,878        

university, and the university of Cincinnati college of nursing    3,879        

and health shall each establish a pilot program to provide access  3,880        

to health care in underserved areas through the use of advanced    3,881        

practice nurses.  Each pilot program shall be operated by the      3,882        

nursing faculty of the university at which it is established.      3,883        

Each pilot program shall cease to exist on January 1, 2010.        3,884        

      An advisory committee shall be established for each of the   3,886        

pilot programs.  The dean of the medical school at case western    3,887        

reserve university shall appoint two physicians to serve on the    3,888        

advisory committee of the university's pilot program.  The dean    3,889        

of the medical school at wright state university shall appoint     3,890        

two physicians to serve on the advisory committee of the           3,891        

                                                          86     


                                                                 
university's pilot program.  The dean of the medical school at     3,892        

the university of Cincinnati shall appoint two physicians to       3,893        

serve on the advisory committee of the university's pilot          3,894        

program.  To be appointed, a physician must have experience        3,895        

working with registered nurses who are approved as advanced        3,896        

practice nurses under section 4723.55 of the Revised Code or,      3,897        

until one year after the board of nursing begins approving nurses  3,898        

under that section, nurses who are qualified to be approved under  3,899        

that section.                                                      3,900        

      (B)  The advisory committee of each pilot program shall      3,902        

develop a standard care arrangement in accordance with rules       3,903        

adopted by the board of nursing under section 4723.54 of the       3,904        

Revised Code.  The standard care arrangement applies only to the   3,905        

advanced practice nurses included in the pilot program for which   3,906        

it is developed.  Each advisory committee shall submit a copy of   3,907        

its standard care arrangement to the board of nursing for review   3,908        

within thirty days after the board adopts final rules under        3,909        

division (A) of section 4723.54 of the Revised Code.               3,910        

      (C)  Each standard care arrangement shall establish          3,912        

conditions under which an advanced practice nurse must refer a     3,913        

patient to a physician and procedures for quality assurance        3,914        

reviews of advanced practice nurses by the advisory committee,     3,915        

and shall comply with any other requirements established by the    3,916        

board of nursing in rules adopted under section 4723.54 of the     3,917        

Revised Code.  NO STANDARD CARE ARRANGEMENT SHALL PERMIT AN        3,919        

ADVANCED PRACTICE NURSE TO PRESCRIBE ANY DRUG OR DEVICE TO         3,920        

PERFORM OR INDUCE AN ABORTION, OR TO OTHERWISE PERFORM OR INDUCE   3,921        

AN ABORTION.                                                                    

      (D)  Biennially, each pilot program shall submit a written   3,923        

report of its operation to the governor, the speaker of the house  3,924        

of representatives, the president of the senate, the board of      3,925        

nursing, the state medical board, the state board of pharmacy,     3,926        

AND the department of health, and the formulary committee for      3,927        

advanced practice nurses established under section 4723.57 of the  3,928        

                                                          87     


                                                                 
Revised Code.  The first report shall be submitted no later than   3,929        

July 1, 1994.                                                      3,930        

      Sec. 4723.56.  (A)  For purposes of the pilot programs       3,939        

established by section 4723.52 of the Revised Code, the board of   3,940        

nursing may approve an advanced practice nurse to prescribe drugs  3,941        

and therapeutic devices if the nurse submits to the board all of   3,942        

the following:                                                     3,943        

      (1)  Evidence of having attained at least a master's degree  3,945        

in nursing from an accredited institution recognized by the        3,946        

board;                                                             3,947        

      (2)  Evidence of completing the pharmacology instruction     3,949        

required by division (B) of this section;                          3,950        

      (3)  A copy of the protocol established between the nurse    3,952        

and the nurse's collaborating physician that meets the             3,953        

requirements of division (C) of this section and receives          3,954        

approval from the formulary committee for advanced practice        3,955        

nurses established under section 4723.57 of the Revised Code;      3,956        

      (4)  Any other information the board requires pursuant to    3,958        

rules adopted under section 4723.58 of the Revised Code;           3,959        

      (5)  The fee established in rules adopted under section      3,961        

4723.54 of the Revised Code.                                       3,962        

      (B)  To receive approval under this section to prescribe     3,964        

drugs and therapeutic devices, an advanced practice nurse must     3,965        

have completed a minimum of thirty hours of instruction in         3,966        

pharmacology.  The instruction must have been completed within     3,967        

three years prior to application for the approval, unless the      3,968        

board of nursing establishes by rule adopted under section         3,969        

4723.58 of the Revised Code another time period within which the   3,970        

instruction must have been completed.  The instruction may have    3,971        

been received through either of the following:                     3,972        

      (1)  Planned classroom, clinical, or provider-directed       3,974        

independent study in pharmacology from an accredited institution   3,975        

recognized by the board of nursing;                                3,976        

      (2)  Pharmacology courses determined to be acceptable by     3,978        

                                                          88     


                                                                 
the board pursuant to rules adopted under section 4723.58 of the   3,979        

Revised Code.                                                      3,980        

      (C)  Each advanced practice nurse who desires to receive     3,982        

approval under this section to prescribe drugs and therapeutic     3,983        

devices shall enter into an arrangement with a collaborating       3,984        

physician.  The advanced practice nurse and the collaborating      3,985        

physician shall develop a written protocol that establishes the    3,986        

arrangement between the nurse and the physician.  The protocol     3,987        

shall include the following:                                       3,988        

      (1)  The drugs that the advanced practice nurse may          3,990        

prescribe and the limitations on the authority to prescribe them,  3,992        

including any restrictions on dosage units or refills, in                       

accordance with the formulary established in rules adopted under   3,993        

section 4723.58 of the Revised Code;                               3,994        

      (2)  The conditions under which the advanced practice nurse  3,996        

must refer patients to the collaborating physician or another      3,997        

physician;                                                         3,998        

      (3)  The responsibilities of the collaborating physician;    4,000        

      (4)  Procedures for quality assurance reviews of the         4,002        

advanced practice nurse by the collaborating physician.            4,003        

      (D)(1)  On receipt of a protocol under division (A) of this  4,005        

section, the board shall submit the protocol to the formulary      4,006        

committee for advanced practice nurses for the committee's         4,007        

review.  APPROVAL TO PRESCRIBE DRUGS AND THERAPEUTIC DEVICES       4,008        

GRANTED UNDER THE VERSION OF THIS SECTION THAT WAS IN EFFECT       4,009        

IMMEDIATELY PRIOR TO THE EFFECTIVE DATE OF THIS AMENDMENT SHALL    4,010        

REMAIN VALID FOR THE REMAINDER OF THE PERIOD FOR WHICH IT WAS      4,011        

OBTAINED.  An advanced practice nurse shall prescribe drugs and    4,012        

therapeutic devices only in accordance with a protocol             4,013        

ESTABLISHED BETWEEN THE NURSE AND THE NURSE'S COLLABORATING                     

PHYSICIAN THAT MEETS THE REQUIREMENTS OF DIVISION (C) OF THE       4,014        

VERSION OF THIS SECTION THAT WAS IN EFFECT IMMEDIATELY PRIOR TO    4,015        

THE EFFECTIVE DATE OF THIS AMENDMENT AND approved by the           4,016        

FORMULARY committee FOR ADVANCED PRACTICE NURSES ESTABLISHED       4,017        

                                                          89     


                                                                 
UNDER SECTION 4723.57 OF THE REVISED CODE.                                      

      (2)(B)  If an advanced practice nurse and collaborating      4,019        

physician propose to make a change in an approved protocol, the    4,020        

advanced practice nurse shall file the proposed change with the    4,021        

board of nursing at least thirty days prior to the date on which   4,022        

the proposed change is intended to become effective.  The board    4,023        

shall submit the proposed change to the formulary committee for    4,024        

the committee's review.  The advanced practice nurse and           4,025        

collaborating physician shall implement the change only if it is   4,026        

approved by the committee.                                         4,027        

      (E)(C)  Notwithstanding any other provision of this chapter  4,029        

or Chapter 2925., 3719., 4729., or 4731. of the Revised Code to    4,030        

the contrary, an advanced practice nurse approved under this       4,031        

section may prescribe drugs and therapeutic devices as specified   4,032        

in the protocol established between the nurse and the              4,033        

collaborating physician and may personally supply drugs and        4,034        

therapeutic devices in accordance with section 4723.561 of the     4,035        

Revised Code, EXCEPT THAT NO PROTOCOL MAY AUTHORIZE AND NOTHING    4,037        

IN THIS CHAPTER SHALL BE CONSTRUED AS AUTHORIZING AN ADVANCED      4,038        

PRACTICE NURSE TO PRESCRIBE ANY DRUG OR DEVICE TO PERFORM OR       4,039        

INDUCE AN ABORTION, OR TO OTHERWISE PERFORM OR INDUCE AN           4,041        

ABORTION.                                                                       

      (F)  Approval under this section to prescribe and            4,043        

personally supply drugs and therapeutic devices is valid for two   4,044        

years.  The board may renew its approval to prescribe drugs and    4,045        

therapeutic devices if the nurse submits to the board all of the   4,046        

following:                                                                      

      (1)  Evidence of completing during the previous two years    4,048        

at least twelve hours of continuing education in pharmacology      4,049        

from an accredited institution recognized by the board;            4,050        

      (2)  A written recommendation for renewal from the nurse's   4,052        

collaborating physician;                                           4,053        

      (3)  Any other information the board requires pursuant to    4,055        

rules adopted under section 4723.58 of the Revised Code;           4,056        

                                                          90     


                                                                 
      (4)  The fee established in rules adopted under section      4,058        

4723.54 of the Revised Code.                                       4,059        

      (G)  The continuing education required by this section is    4,061        

in addition to the continuing education required under section     4,062        

4723.24 of the Revised Code.                                       4,063        

      (H)  Application for approval under this section may be      4,065        

made at the same time that application is made for approval under  4,066        

section 4723.55 of the Revised Code or at any time subsequent to   4,067        

receiving approval under that section.                             4,068        

      Sec. 4723.561.  An UNTIL TWO YEARS AFTER THE EFFECTIVE DATE  4,077        

OF THIS AMENDMENT, AN advanced practice nurse approved by the      4,078        

board of nursing under section 4723.56 of the Revised Code to      4,079        

prescribe drugs and therapeutic devices as part of a pilot         4,081        

program established under section 4723.52 of the Revised Code may  4,082        

personally supply to patients the following drugs and devices      4,084        

that are within the advanced practice nurse's authority to         4,085        

prescribe:  antibiotics, antifungals, scabicides, contraceptives,  4,086        

and prenatal vitamins.                                                          

      The advanced practice nurse shall maintain a written record  4,088        

of drugs and devices personally supplied under this section.  For  4,089        

each drug or device supplied, the collaborating physician shall    4,090        

review the record within seventy-two hours after the drug or       4,091        

device is supplied.                                                             

      Sec. 4723.57.  (A)  There is hereby created the formulary    4,101        

committee for advanced practice nurses.  Three members of the      4,102        

committee shall be advanced practice nurses appointed by the       4,103        

board of nursing, each of whom shall hold at least a master's      4,104        

degree in nursing.  One of these members shall be a nurse-midwife  4,105        

certified by the American college of nurse-midwives, one shall be  4,106        

a nurse practitioner certified as such by a national certifying    4,107        

organization recognized by the board of nursing in accordance      4,108        

with section 4723.55 of the Revised Code, and one shall be a       4,109        

clinical nurse specialist certified as such by a national          4,110        

certifying organization recognized by the board of nursing in      4,111        

                                                          91     


                                                                 
accordance with section 4723.55 of the Revised Code.  Three        4,112        

members shall be physicians appointed by the state medical board   4,113        

who have experience working with advanced practice nurses.  One    4,114        

member shall be a pharmacist appointed by the state board of       4,115        

pharmacy.  The director of health or his THE DIRECTOR'S designee   4,116        

shall serve as a nonvoting member of the formulary committee.      4,118        

      Initial appointments to the formulary committee shall be     4,120        

made within sixty days after the effective date of this section    4,122        

JANUARY 14, 1993.  Vacancies shall be filled in the manner         4,123        

provided for original appointments.                                4,124        

      Annually, the formulary committee shall organize by          4,126        

selecting a chairman CHAIRPERSON from its voting members.  For     4,127        

the committee to take any action, the action must be approved by   4,129        

affirmative vote of at least four voting members, of which two     4,130        

must be advanced practice nurses and two must be physicians.       4,131        

Members shall serve without compensation but shall be reimbursed   4,132        

by the board of nursing for their actual and necessary expenses    4,133        

incurred in carrying out their duties as committee members.        4,134        

      (B)  The UNTIL TWO YEARS AFTER THE EFFECTIVE DATE OF THIS    4,136        

AMENDMENT, THE formulary committee shall make:                     4,137        

      (1)  MAKE recommendations to the board of nursing regarding  4,140        

the board's adoption of rules under section 4723.58 of the         4,141        

Revised Code.  It shall review;                                                 

      (2)  REVIEW, and approve or disapprove, each protocol and    4,143        

proposed change to a protocol it receives from the board of        4,144        

nursing pursuant to section 4723.56 of the Revised Code.           4,145        

      Sec. 4723.58.  (A) In UNTIL TWO YEARS AFTER THE EFFECTIVE    4,154        

DATE OF THIS AMENDMENT AND IN accordance with Chapter 119. of the  4,155        

Revised Code, the board of nursing shall adopt rules regarding     4,156        

the approval of advanced practice nurses under section 4723.56 of  4,157        

the Revised Code to prescribe drugs and therapeutic devices.  The  4,158        

rules shall be consistent with the recommendations of the          4,159        

formulary committee for advanced practice nurses and shall         4,160        

establish all of the following:                                    4,161        

                                                          92     


                                                                 
      (1)  A formulary listing the drugs and therapeutic devices,  4,163        

including types and classes where appropriate, that may be         4,164        

prescribed by advanced practice nurses;                            4,165        

      (2)  Requirements pertaining to the protocol that is         4,167        

required to be established between an advanced practice nurse and  4,168        

the nurse's collaborating physician;                               4,169        

      (3)  Requirements regarding the pharmacology courses that    4,171        

an advanced practice nurse is required to complete to receive      4,172        

approval or renewal of approval to prescribe drugs and             4,173        

therapeutic devices;                                               4,174        

      (4)  Standards and procedures for approval and renewal of    4,176        

approval of advanced practice nurses to prescribe drugs and        4,177        

therapeutic devices;                                               4,178        

      (5)  Any other requirements with regard to advanced          4,180        

practice nurses approved to prescribe drugs and therapeutic        4,181        

devices.                                                           4,182        

      (B)  The drugs included in the formulary shall not include   4,184        

any drug listed on schedule I or II, as specified in section       4,185        

3719.41 of the Revised Code.  THE FORMULARY SHALL NOT PERMIT THE   4,187        

PRESCRIBING OF ANY DRUG OR DEVICE TO PERFORM OR INDUCE AN                       

ABORTION.  The formulary may include restrictions and              4,189        

requirements for prescriptions and shall include requirements      4,190        

specific to advanced practice nursing.                                          

      Sec. 4723.59.  (A)  An advanced practice nurse shall         4,199        

practice as an advanced practice nurse only in accordance with     4,200        

the standard care arrangement developed under section 4723.52 of   4,201        

the Revised Code for the pilot program in which the nurse is       4,202        

participating.  An advanced practice nurse who does not follow     4,203        

the standard care arrangement is guilty of unprofessional conduct  4,204        

and is subject to disciplinary action under section 4723.28 of     4,205        

the Revised Code for violation of this chapter and the rules       4,206        

adopted under it.                                                  4,207        

      (B)  An UNTIL TWO YEARS AFTER THE EFFECTIVE DATE OF THIS     4,209        

AMENDMENT:                                                                      

                                                          93     


                                                                 
      (1)  AN advanced practice nurse approved under section       4,211        

4723.56 of the Revised Code shall prescribe drugs and therapeutic  4,212        

devices specified in the protocol established between the nurse    4,213        

and the collaborating physician only in accordance with the        4,214        

protocol.  An advanced practice nurse approved under FORMER        4,215        

section 4723.56 of the Revised Code shall personally supply drugs  4,216        

and therapeutic devices in accordance with section 4723.561 of     4,218        

the Revised Code.  Any advanced practice nurse who does not        4,219        

follow the protocol or personally supply drugs and devices in      4,220        

accordance with section 4723.561 of the Revised Code is guilty of  4,222        

unprofessional conduct and is subject to disciplinary action       4,223        

under section 4723.28 of the Revised Code for violation of this    4,224        

chapter and the rules adopted under it.                                         

      (C)(2)  Any collaborating physician who does not perform     4,226        

the responsibilities the physician agreed to perform in the        4,227        

protocol established between the physician and an advanced         4,228        

practice nurse in accordance with section 4723.56 of the Revised   4,229        

Code is guilty of unprofessional conduct and is subject to         4,230        

disciplinary action by the state medical board.  Under this        4,231        

division, the state medical board may revoke, limit, or suspend    4,232        

the physician's certificate to practice, pursuant to an            4,233        

adjudicatory hearing under Chapter 119. of the Revised Code and a  4,234        

vote of not less than six of its members.                          4,235        

      Sec. 4729.01.  As used in this chapter:                      4,244        

      (A)  "Pharmacy," except when used in a context that refers   4,246        

to the practice of pharmacy, means any area, room, rooms, place    4,247        

of business, department, or portion of any of the foregoing where  4,249        

the practice of pharmacy is conducted.                             4,251        

      (B)  "Practice of pharmacy" means providing pharmacist care  4,253        

requiring specialized knowledge, judgment, and skill derived from  4,255        

the principles of biological, chemical, behavioral, social,        4,256        

pharmaceutical, and clinical sciences.  As used in this division,  4,257        

"pharmacist care" includes the following:                                       

      (1)  Interpreting prescriptions;                             4,259        

                                                          94     


                                                                 
      (2)  Compounding or dispensing drugs and dispensing drug     4,261        

therapy related devices;                                           4,262        

      (3)  Counseling individuals with regard to their drug        4,264        

therapy, recommending drug therapy related devices, and assisting  4,266        

in the selection of drugs and appliances for treatment of common   4,267        

diseases and injuries and providing instruction in the proper use  4,269        

of the drugs and appliances;                                                    

      (4)  Performing drug regimen reviews with individuals by     4,272        

discussing all of the drugs that the individual is taking and                   

explaining the interactions of the drugs;                          4,273        

      (5)  Performing drug utilization reviews with licensed       4,275        

health professionals authorized to prescribe drugs when the        4,276        

pharmacist determines that an individual with a prescription has   4,277        

a drug regimen that warrants additional discussion with the        4,278        

prescriber;                                                        4,279        

      (6)  Advising an individual and the health care              4,281        

professionals treating an individual with regard to the            4,282        

individual's drug therapy;                                         4,283        

      (7)  Acting pursuant to a consult agreement with a           4,285        

physician authorized under Chapter 4731. of the Revised Code to    4,289        

practice medicine and surgery or osteopathic medicine and          4,290        

surgery, if an agreement has been established with the physician.  4,291        

      (C)  "Compounding" means the preparation, mixing,            4,294        

assembling, packaging, and labeling of one or more drugs in any    4,295        

of the following circumstances:                                    4,296        

      (1)  Pursuant to a prescription issued by a licensed health  4,299        

professional authorized to prescribe drugs;                                     

      (2)  Pursuant to the modification of a prescription made in  4,301        

accordance with a consult agreement;                               4,302        

      (3)  As an incident to research, teaching activities, or     4,305        

chemical analysis;                                                              

      (4)  In anticipation of prescription drug orders based on    4,308        

routine, regularly observed dispensing patterns.                                

      (D)  "Consult agreement" means an agreement to manage an     4,310        

                                                          95     


                                                                 
individual's drug therapy that has been entered into by a          4,312        

pharmacist and a physician authorized under Chapter 4731. of the   4,313        

Revised Code to practice medicine and surgery or osteopathic       4,316        

medicine and surgery.                                                           

      (E)  "Drug" means:                                           4,318        

      (1)  Any article recognized in the United States             4,320        

pharmacopoeia and national formulary, or any supplement to them,   4,322        

intended for use in the diagnosis, cure, mitigation, treatment,    4,323        

or prevention of disease in humans or animals;                     4,324        

      (2)  Any other article intended for use in the diagnosis,    4,326        

cure, mitigation, treatment, or prevention of disease in humans    4,328        

or animals;                                                                     

      (3)  Any article, other than food, intended to affect the    4,330        

structure or any function of the body of humans or animals;        4,332        

      (4)  Any article intended for use as a component of any      4,334        

article specified in division (C)(1), (2), or (3) of this          4,335        

section; but does not include devices or their components, parts,  4,336        

or accessories.                                                    4,337        

      (F)  "Dangerous drug" means any of the following:            4,339        

      (1)  Any drug to which either of the following applies:      4,341        

      (a)  Under the "Federal Food, Drug, and Cosmetic Act," 52    4,344        

Stat. 1040 (1938), 21 U.S.C.A. 301, as amended, the drug is        4,345        

required to bear a label containing the legend "Caution:  Federal  4,347        

law prohibits dispensing without prescription" or "Caution:        4,348        

Federal law restricts this drug to use by or on the order of a     4,349        

licensed veterinarian" or any similar restrictive statement, or    4,350        

the drug may be dispensed only upon a prescription;                4,351        

      (b)  Under Chapter 3715. or 3719. of the Revised Code, the   4,353        

drug may be dispensed only upon a prescription.                    4,354        

      (2)  Any drug that contains a schedule V controlled          4,356        

substance and that is exempt from Chapter 3719. of the Revised     4,357        

Code or to which that chapter does not apply;                      4,358        

      (3)  Any drug intended for administration by injection into  4,360        

the human body other than through a natural orifice of the human   4,361        

                                                          96     


                                                                 
body.                                                              4,362        

      (G)  "Federal drug abuse control laws" has the same meaning  4,364        

as in section 3719.01 of the Revised Code.                         4,365        

      (H)  "Prescription" means a written, electronic, or oral     4,370        

order for drugs or combinations or mixtures of drugs to be used    4,371        

by a particular individual or for treating a particular animal,    4,372        

issued by a licensed health professional authorized to prescribe   4,375        

drugs.                                                                          

      (I)  "Licensed health professional authorized to prescribe   4,378        

drugs" or "prescriber" means an individual who is authorized by    4,380        

law to prescribe drugs or dangerous drugs or drug therapy related  4,384        

devices in the course of the individual's professional practice,   4,385        

including only the following:                                      4,386        

      (1)  A dentist licensed under Chapter 4715. of the Revised   4,389        

Code;                                                                           

      (2)  An UNTIL TWO YEARS AFTER THE EFFECTIVE DATE OF THIS     4,391        

AMENDMENT, AN advanced practice nurse approved under section       4,393        

4723.56 of the Revised Code to prescribe drugs and therapeutic     4,394        

devices;                                                           4,395        

      (3)  A CLINICAL NURSE SPECIALIST, CERTIFIED NURSE-MIDWIFE,   4,398        

OR CERTIFIED NURSE PRACTITIONER WHO HOLDS A CERTIFICATE TO         4,399        

PRESCRIBE ISSUED UNDER SECTION 4723.48 OF THE REVISED CODE;                     

      (4)  An optometrist licensed under Chapter 4725. of the      4,402        

Revised Code to practice optometry under a therapeutic             4,405        

pharmaceutical agents certificate;                                              

      (4)(5)  A physician authorized under Chapter 4731. of the    4,408        

Revised Code to practice medicine and surgery, osteopathic         4,410        

medicine and surgery, or podiatry;                                              

      (5)(6)  A veterinarian licensed under Chapter 4741. of the   4,412        

Revised Code.                                                      4,413        

      (J)  "Sale" and "sell" include delivery, transfer, barter,   4,415        

exchange, or gift, or offer therefor, and each such transaction    4,416        

made by any person, whether as principal proprietor, agent, or     4,417        

employee.                                                          4,418        

                                                          97     


                                                                 
      (K)  "Wholesale sale" and "sale at wholesale" mean any sale  4,420        

in which the purpose of the purchaser is to resell the article     4,421        

purchased or received by the purchaser.                            4,422        

      (L)  "Retail sale" and "sale at retail" mean any sale other  4,424        

than a wholesale sale or sale at wholesale.                        4,425        

      (M)  "Retail seller" means any person that sells any         4,427        

dangerous drug to consumers without assuming control over and      4,428        

responsibility for its administration.  Mere advice or             4,429        

instructions regarding administration do not constitute control    4,430        

or establish responsibility.                                       4,431        

      (N)  "Price information" means the price charged for a       4,433        

prescription for a particular drug product and, in an easily       4,434        

understandable manner, all of the following:                       4,435        

      (1)  The proprietary name of the drug product;               4,437        

      (2)  The established (generic) name of the drug product;     4,439        

      (3)  The strength of the drug product if the product         4,441        

contains a single active ingredient or if the drug product         4,442        

contains more than one active ingredient and a relevant strength   4,443        

can be associated with the product without indicating each active  4,444        

ingredient.  The established name and quantity of each active      4,445        

ingredient are required if such a relevant strength cannot be so   4,446        

associated with a drug product containing more than one            4,447        

ingredient.                                                        4,448        

      (4)  The dosage form;                                        4,450        

      (5)  The price charged for a specific quantity of the drug   4,452        

product.  The stated price shall include all charges to the        4,453        

consumer, including, but not limited to, the cost of the drug      4,454        

product, professional fees, handling fees, if any, and a           4,455        

statement identifying professional services routinely furnished    4,456        

by the pharmacy.  Any mailing fees and delivery fees may be        4,457        

stated separately without repetition.  The information shall not   4,458        

be false or misleading.                                            4,459        

      (O)  "Wholesale distributor of dangerous drugs" means a      4,461        

person engaged in the sale of dangerous drugs at wholesale and     4,462        

                                                          98     


                                                                 
includes any agent or employee of such a person authorized by the  4,464        

person to engage in the sale of dangerous drugs at wholesale.      4,465        

      (P)  "Manufacturer of dangerous drugs" means a person,       4,467        

other than a pharmacist, who manufactures dangerous drugs and who  4,468        

is engaged in the sale of those dangerous drugs within this        4,469        

state.                                                             4,470        

      (Q)  "Terminal distributor of dangerous drugs" means a       4,472        

person who is engaged in the sale of dangerous drugs at retail,    4,474        

or any person, other than a wholesale distributor or a             4,475        

pharmacist, who has possession, custody, or control of dangerous   4,477        

drugs for any purpose other than for that person's own use and     4,479        

consumption, and includes pharmacies, hospitals, nursing homes,    4,480        

and laboratories and all other persons who procure dangerous       4,481        

drugs for sale or other distribution by or under the supervision   4,482        

of a pharmacist or licensed health professional authorized to      4,483        

prescribe drugs.                                                                

      (R)  "Promote to the public" means disseminating a           4,485        

representation to the public in any manner or by any means, other  4,486        

than by labeling, for the purpose of inducing, or that is likely   4,487        

to induce, directly or indirectly, the purchase of a dangerous     4,488        

drug at retail.                                                    4,489        

      (S)  "Person" includes any individual, partnership,          4,491        

association, limited liability company, or corporation, the        4,492        

state, any political subdivision of the state, and any district,   4,493        

department, or agency of the state or its political subdivisions.  4,494        

      (T)  "Finished dosage form" has the same meaning as in       4,496        

section 3715.01 of the Revised Code.                               4,497        

      (U)  "Generically equivalent drug" has the same meaning as   4,499        

in section 3715.01 of the Revised Code.                            4,500        

      (V)  "Animal shelter" means a facility operated by a humane  4,502        

society or any society organized under Chapter 1717. of the        4,503        

Revised Code or a dog pound operated pursuant to Chapter 955. of   4,504        

the Revised Code.                                                  4,505        

      (W)  "Food" has the same meaning as in section 3715.01 of    4,508        

                                                          99     


                                                                 
the Revised Code.                                                               

      Sec. 4729.51.  (A)  No person other than a registered        4,517        

wholesale distributor of dangerous drugs shall possess for sale,   4,518        

sell, distribute, or deliver, at wholesale, dangerous drugs,       4,519        

except as follows:                                                 4,520        

      (1)  A pharmacist who is a licensed terminal distributor of  4,522        

dangerous drugs or who is employed by a licensed terminal          4,523        

distributor of dangerous drugs may make occasional sales of        4,524        

dangerous drugs at wholesale;                                      4,525        

      (2)  A licensed terminal distributor of dangerous drugs      4,527        

having more than one establishment or place may transfer or        4,528        

deliver dangerous drugs from one establishment or place for which  4,529        

a license has been issued to the terminal distributor to another   4,530        

establishment or place for which a license has been issued to the  4,531        

terminal distributor if the license issued for each establishment  4,533        

or place is in effect at the time of the transfer or delivery.     4,534        

      (B)(1)  No registered wholesale distributor of dangerous     4,536        

drugs shall possess for sale, or sell, at wholesale, dangerous     4,537        

drugs to any person other than the following:                      4,538        

      (a)  A licensed health professional authorized to prescribe  4,541        

drugs;                                                                          

      (b)  An optometrist licensed under Chapter 4725. of the      4,543        

Revised Code who holds a topical ocular pharmaceutical agents      4,545        

certificate;                                                                    

      (c)  A registered wholesale distributor of dangerous drugs;  4,547        

      (d)  A manufacturer of dangerous drugs;                      4,549        

      (e)  A licensed terminal distributor of dangerous drugs,     4,551        

subject to division (B)(2) of this section;                        4,552        

      (f)  Carriers or warehousers for the purpose of carriage or  4,556        

storage;                                                                        

      (g)  Terminal or wholesale distributors of dangerous drugs   4,558        

who are not engaged in the sale of dangerous drugs within this     4,559        

state;                                                             4,560        

      (h)  An individual who holds a current license,              4,562        

                                                          100    


                                                                 
certificate, or registration issued under Title 47 of the Revised  4,564        

Code and has been certified to conduct diabetes education by a     4,565        

national certifying body specified in rules adopted by the state   4,566        

board of pharmacy under section 4729.68 of the Revised Code, but   4,567        

only with respect to insulin that will be used for the purpose of  4,569        

diabetes education and only if diabetes education is within the    4,570        

individual's scope of practice under statutes and rules            4,571        

regulating the individual's profession.                            4,572        

      (2)  No registered wholesale distributor of dangerous drugs  4,574        

shall possess dangerous drugs for sale at wholesale, or sell such  4,575        

drugs at wholesale, to a licensed terminal distributor of          4,576        

dangerous drugs, except to:                                        4,577        

      (a)  A terminal distributor who has a category I license,    4,579        

only dangerous drugs described in category I, as defined in        4,580        

division (A)(1) of section 4729.54 of the Revised Code;            4,581        

      (b)  A terminal distributor who has a category II license,   4,583        

only dangerous drugs described in category I and category II, as   4,584        

defined in divisions (A)(1) and (2) of section 4729.54 of the      4,585        

Revised Code;                                                      4,586        

      (c)  A terminal distributor who has a category III license,  4,588        

dangerous drugs described in category I, category II, and          4,589        

category III, as defined in divisions (A)(1), (2), and (3) of      4,590        

section 4729.54 of the Revised Code;                               4,591        

      (d)  A terminal distributor who has a limited category I,    4,593        

II, or III license, only the dangerous drugs specified in the      4,594        

certificate furnished by the terminal distributor in accordance    4,595        

with section 4729.60 of the Revised Code.                          4,596        

      (C)(1)  Except as provided in division (C)(4) of this        4,598        

section, no person shall sell, at retail, dangerous drugs.         4,599        

      (2)  Except as provided in division (C)(4) of this section,  4,601        

no person shall possess for sale, at retail, dangerous drugs.      4,602        

      (3)  Except as provided in division (C)(4) of this section,  4,604        

no person shall possess dangerous drugs.                           4,605        

      (4)  Divisions (C)(1), (2), and (3) of this section do not   4,607        

                                                          101    


                                                                 
apply to a registered wholesale distributor of dangerous drugs, a  4,608        

licensed terminal distributor of dangerous drugs, or a person who  4,609        

possesses, or possesses for sale or sells, at retail, a dangerous  4,611        

drug in accordance with Chapters 3719., 4715., 4723., 4725.,       4,612        

4729., 4731., and 4741. or section 4723.56 of the Revised Code.    4,614        

      Divisions (C)(1), (2), and (3) of this section do not apply  4,617        

to an individual who holds a current license, certificate, or      4,618        

registration issued under Title 47 of the Revised Code and has     4,621        

been certified to conduct diabetes education by a national         4,622        

certifying body specified in rules adopted by the state board of   4,623        

pharmacy under section 4729.68 of the Revised Code, but only to    4,625        

the extent that the individual possesses insulin or personally     4,626        

supplies insulin solely for the purpose of diabetes education and  4,627        

only if diabetes education is within the individual's scope of     4,628        

practice under statutes and rules regulating the individual's      4,629        

profession.                                                        4,630        

      (D)  No licensed terminal distributor of dangerous drugs     4,632        

shall purchase for the purpose of resale dangerous drugs from any  4,634        

person other than a registered wholesale distributor of dangerous  4,636        

drugs, except as follows:                                          4,637        

      (1)  A licensed terminal distributor of dangerous drugs may  4,639        

make occasional purchases of dangerous drugs for resale from a     4,640        

pharmacist who is a licensed terminal distributor of dangerous     4,641        

drugs or who is employed by a licensed terminal distributor of     4,642        

dangerous drugs;                                                   4,643        

      (2)  A licensed terminal distributor of dangerous drugs      4,645        

having more than one establishment or place may transfer or        4,646        

receive dangerous drugs from one establishment or place for which  4,647        

a license has been issued to the terminal distributor to another   4,648        

establishment or place for which a license has been issued to the  4,649        

terminal distributor if the license issued for each establishment  4,650        

or place is in effect at the time of the transfer or receipt.      4,651        

      (E)  No licensed terminal distributor of dangerous drugs     4,653        

shall engage in the sale or other distribution of dangerous drugs  4,654        

                                                          102    


                                                                 
at retail or maintain possession, custody, or control of           4,655        

dangerous drugs for any purpose other than the distributor's       4,656        

personal use or consumption, at any establishment or place other   4,658        

than that or those described in the license issued by the board    4,659        

of pharmacy to such terminal distributor.                          4,660        

      (F)  Nothing in this section shall be construed to           4,662        

interfere with the performance of official duties by any law       4,663        

enforcement official authorized by municipal, county, state, or    4,665        

federal law to collect samples of any drug, regardless of its      4,666        

nature or in whose possession it may be.                           4,667        

      Sec. 4731.22.  (A)  The state medical board, by an           4,677        

affirmative vote of not fewer than six of its members, may revoke  4,678        

or may refuse to grant a certificate to a person found by the      4,679        

board to have committed fraud during the administration of the     4,680        

examination for a certificate to practice or to have committed     4,682        

fraud, misrepresentation, or deception in applying for or          4,683        

securing any certificate to practice or certificate of                          

registration issued by the board.                                  4,684        

      (B)  The board, by an affirmative vote of not fewer than     4,687        

six members, shall, to the extent permitted by law, limit,         4,688        

revoke, or suspend an individual's certificate to practice,        4,690        

refuse to register an individual, refuse to reinstate a            4,692        

certificate, or reprimand or place on probation the holder of a    4,694        

certificate for one or more of the following reasons:                           

      (1)  Permitting one's name or one's certificate to practice  4,696        

or certificate of registration to be used by a person, group, or   4,698        

corporation when the individual concerned is not actually          4,699        

directing the treatment given;                                     4,700        

      (2)  Failure to maintain minimal standards applicable to     4,703        

the selection or administration of drugs, or failure to employ     4,704        

acceptable scientific methods in the selection of drugs or other   4,705        

modalities for treatment of disease;                               4,706        

      (3)  Selling, giving away, personally furnishing,            4,708        

prescribing, or administering drugs for other than legal and       4,709        

                                                          103    


                                                                 
legitimate therapeutic purposes or a plea of guilty to, a          4,711        

judicial finding of guilt of, or a judicial finding of             4,712        

eligibility for treatment in lieu of conviction of, a violation    4,714        

of any federal or state law regulating the possession,                          

distribution, or use of any drug;                                  4,715        

      (4)  Willfully betraying a professional confidence.          4,717        

      For purposes of this division, "willfully betraying a        4,719        

professional confidence" does not include the making of a report   4,720        

of an employee's use of a drug of abuse, or a report of a          4,721        

condition of an employee other than one involving the use of a     4,722        

drug of abuse, to the employer of the employee as described in     4,723        

division (B) of section 2305.33 of the Revised Code. Nothing in    4,725        

this division affects the immunity from civil liability conferred  4,727        

by that section upon a physician who makes either type of report   4,728        

in accordance with division (B) of that section.  As used in this  4,729        

division, "employee," "employer," and "physician" have the same    4,730        

meanings as in section 2305.33 of the Revised Code.                4,731        

      (5)  Making a false, fraudulent, deceptive, or misleading    4,734        

statement in the solicitation of or advertising for patients; in   4,736        

relation to the practice of medicine and surgery, osteopathic      4,737        

medicine and surgery, podiatry, or a limited branch of medicine;   4,738        

or in securing or attempting to secure any certificate to          4,740        

practice or certificate of registration issued by the board.                    

      As used in this division, "false, fraudulent, deceptive, or  4,742        

misleading statement" means a statement that includes a            4,743        

misrepresentation of fact, is likely to mislead or deceive         4,744        

because of a failure to disclose material facts, is intended or    4,745        

is likely to create false or unjustified expectations of           4,746        

favorable results, or includes representations or implications     4,747        

that in reasonable probability will cause an ordinarily prudent    4,748        

person to misunderstand or be deceived.                            4,749        

      (6)  A departure from, or the failure to conform to,         4,751        

minimal standards of care of similar practitioners under the same  4,752        

or similar circumstances, whether or not actual injury to a        4,753        

                                                          104    


                                                                 
patient is established;                                            4,754        

      (7)  Representing, with the purpose of obtaining             4,756        

compensation or other advantage as personal gain or for any other  4,758        

person, that an incurable disease or injury, or other incurable    4,759        

condition, can be permanently cured;                               4,760        

      (8)  The obtaining of, or attempting to obtain, money or     4,762        

anything of value by fraudulent misrepresentations in the course   4,763        

of practice;                                                       4,764        

      (9)  A plea of guilty to, a judicial finding of guilt of,    4,767        

or a judicial finding of eligibility for treatment in lieu of                   

conviction for, a felony;                                          4,768        

      (10)  Commission of an act that constitutes a felony in      4,770        

this state, regardless of the jurisdiction in which the act was    4,771        

committed;                                                         4,772        

      (11)  A plea of guilty to, a judicial finding of guilt of,   4,775        

or a judicial finding of eligibility for treatment in lieu of                   

conviction for, a misdemeanor committed in the course of           4,776        

practice;                                                                       

      (12)  Commission of an act in the course of practice that    4,778        

constitutes a misdemeanor in this state, regardless of the         4,780        

jurisdiction in which the act was committed;                       4,781        

      (13)  A plea of guilty to, a judicial finding of guilt of,   4,784        

or a judicial finding of eligibility for treatment in lieu of                   

conviction for, a misdemeanor involving moral turpitude;           4,785        

      (14)  Commission of an act involving moral turpitude that    4,787        

constitutes a misdemeanor in this state, regardless of the         4,789        

jurisdiction in which the act was committed;                       4,790        

      (15)  Violation of the conditions of limitation placed by    4,792        

the board upon a certificate to practice;                          4,793        

      (16)  Failure to pay license renewal fees specified in this  4,795        

chapter;                                                           4,796        

      (17)  Except as authorized in section 4731.31 of the         4,798        

Revised Code, engaging in the division of fees for referral of     4,800        

patients, or the receiving of a thing of value in return for a     4,802        

                                                          105    


                                                                 
specific referral of a patient to utilize a particular service or  4,803        

business;                                                                       

      (18)  Subject to section 4731.226 of the Revised Code,       4,805        

violation of any provision of a code of ethics of the American     4,807        

medical association, the American osteopathic association, the     4,808        

American podiatric medical association, or any other national      4,809        

professional organizations that the board specifies by rule.  The  4,811        

state medical board shall obtain and keep on file current copies   4,812        

of the codes of ethics of the various national professional        4,813        

organizations.  The individual whose certificate is being          4,814        

suspended or revoked shall not be found to have violated any       4,816        

provision of a code of ethics of an organization not appropriate   4,817        

to the individual's profession.                                    4,818        

      For purposes of this division, a "provision of a code of     4,821        

ethics of a national professional organization" does not include   4,822        

any provision that would preclude the making of a report by a      4,823        

physician of an employee's use of a drug of abuse, or of a         4,824        

condition of an employee other than one involving the use of a     4,825        

drug of abuse, to the employer of the employee as described in                  

division (B) of section 2305.33 of the Revised Code.  Nothing in   4,827        

this division affects the immunity from civil liability conferred  4,828        

by that section upon a physician who makes either type of report   4,829        

in accordance with division (B) of that section.  As used in this  4,830        

division, "employee," "employer," and "physician" have the same    4,831        

meanings as in section 2305.33 of the Revised Code.                4,832        

      (19)  Inability to practice according to acceptable and      4,834        

prevailing standards of care by reason of mental illness or        4,835        

physical illness, including, but not limited to, physical          4,836        

deterioration that adversely affects cognitive, motor, or          4,837        

perceptive skills.                                                 4,838        

      In enforcing this division, the board, upon a showing of a   4,841        

possible violation, may compel any individual authorized to        4,842        

practice by this chapter or who has submitted an application       4,844        

pursuant to this chapter to submit to a mental examination,        4,846        

                                                          106    


                                                                 
physical examination, including an HIV test, or both a mental and  4,848        

a physical examination.  The expense of the examination is the     4,850        

responsibility of the individual compelled to be examined.         4,851        

Failure to submit to a mental or physical examination or consent   4,852        

to an HIV test ordered by the board constitutes an admission of    4,853        

the allegations against the individual unless the failure is due   4,855        

to circumstances beyond the individual's control, and a default    4,856        

and final order may be entered without the taking of testimony or  4,857        

presentation of evidence.  If the board finds an individual        4,858        

unable to practice because of the reasons set forth in this        4,860        

division, the board shall require the individual to submit to      4,861        

care, counseling, or treatment by physicians approved or           4,862        

designated by the board, as a condition for initial, continued,    4,863        

reinstated, or renewed authority to practice.  An individual       4,865        

affected under this division shall be afforded an opportunity to   4,867        

demonstrate to the board the ability to resume practice in         4,868        

compliance with acceptable and prevailing standards under the      4,869        

provisions of the individual's certificate.  For the purpose of    4,871        

this division, any individual who applies for or receives a        4,872        

certificate to practice under this chapter accepts the privilege   4,873        

of practicing in this state and, by so doing, shall be deemed to   4,876        

have given consent to submit to a mental or physical examination   4,877        

when directed to do so in writing by the board, and to have        4,878        

waived all objections to the admissibility of testimony or         4,879        

examination reports that constitute a privileged communication.    4,880        

      (20)  Except when civil penalties are imposed under section  4,882        

4731.225 or 4731.281 of the Revised Code, and subject to section   4,883        

4731.226 of the Revised Code, violating or attempting to violate,  4,885        

directly or indirectly, or assisting in or abetting the violation  4,886        

of, or conspiring to violate, any provisions of this chapter or    4,887        

any rule promulgated by the board.                                              

      This division does not apply to a violation or attempted     4,889        

violation of, assisting in or abetting the violation of, or a      4,890        

conspiracy to violate, any provision of this chapter or any rule   4,891        

                                                          107    


                                                                 
adopted by the board that would preclude the making of a report    4,894        

by a physician of an employee's use of a drug of abuse, or of a    4,895        

condition of an employee other than one involving the use of a     4,896        

drug of abuse, to the employer of the employee as described in                  

division (B) of section 2305.33 of the Revised Code.  Nothing in   4,898        

this division affects the immunity from civil liability conferred  4,899        

by that section upon a physician who makes either type of report   4,900        

in accordance with division (B) of that section.  As used in this  4,901        

division, "employee," "employer," and "physician" have the same    4,902        

meanings as in section 2305.33 of the Revised Code.                4,903        

      (21)  The violation of any abortion rule adopted by the      4,905        

public health council pursuant to section 3701.341 of the Revised  4,906        

Code;                                                              4,907        

      (22)  Any of the following actions taken by the state        4,909        

agency responsible for regulating the practice of medicine and     4,910        

surgery, osteopathic medicine and surgery, podiatry, or the        4,911        

limited branches of medicine in another state, for any reason      4,912        

other than the nonpayment of fees:  the limitation, revocation,    4,913        

or suspension of an individual's license to practice; acceptance   4,914        

of an individual's license surrender; denial of a license;         4,915        

refusal to renew or reinstate a license; imposition of probation;  4,917        

or issuance of an order of censure or other reprimand;             4,918        

      (23)  The violation of section 2919.12 of the Revised Code   4,920        

or the performance or inducement of an abortion upon a pregnant    4,921        

woman with actual knowledge that the conditions specified in       4,922        

division (B) of section 2317.56 of the Revised Code have not been  4,923        

satisfied or with a heedless indifference as to whether those      4,924        

conditions have been satisfied, unless an affirmative defense as   4,925        

specified in division (H)(2) of that section would apply in a      4,926        

civil action authorized by division (H)(1) of that section;        4,927        

      (24)  The revocation, suspension, restriction, reduction,    4,929        

or termination of clinical privileges by the United States         4,931        

department of defense or department of veterans affairs or the     4,933        

termination or suspension of a certificate of registration to      4,934        

                                                          108    


                                                                 
prescribe drugs by the drug enforcement administration of the      4,935        

United States department of justice;                               4,936        

      (25)  Termination or suspension from participation in the    4,938        

medicare or medicaid programs by the department of health and      4,940        

human services or other responsible agency for any act or acts     4,941        

that also would constitute a violation of division (B)(2), (3),    4,942        

(6), (8), or (19) of this section;                                 4,943        

      (26)  Impairment of ability to practice according to         4,945        

acceptable and prevailing standards of care because of habitual    4,946        

or excessive use or abuse of drugs, alcohol, or other substances   4,947        

that impair ability to practice.                                   4,948        

      For the purposes of this division, any individual            4,950        

authorized to practice by this chapter accepts the privilege of    4,952        

practicing in this state subject to supervision by the board.  By  4,953        

filing an application for or holding a certificate to practice     4,956        

under this chapter, an individual shall be deemed to have given    4,958        

consent to submit to a mental or physical examination when         4,959        

ordered to do so by the board in writing, and to have waived all   4,960        

objections to the admissibility of testimony or examination        4,961        

reports that constitute privileged communications.                 4,962        

      If it has reason to believe that any individual authorized   4,964        

to practice by this chapter or any applicant for certification to  4,966        

practice suffers such impairment, the board may compel the         4,967        

individual to submit to a mental or physical examination, or       4,968        

both.  The expense of the examination is the responsibility of     4,970        

the individual compelled to be examined.  Any mental or physical   4,972        

examination required under this division shall be undertaken by a  4,973        

treatment provider or physician who is qualified to conduct the    4,974        

examination and who is chosen by the board.                        4,975        

      Failure to submit to a mental or physical examination        4,978        

ordered by the board constitutes an admission of the allegations   4,979        

against the individual unless the failure is due to circumstances  4,980        

beyond the individual's control, and a default and final order     4,981        

may be entered without the taking of testimony or presentation of  4,982        

                                                          109    


                                                                 
evidence.  If the board determines that the individual's ability   4,983        

to practice is impaired, the board shall suspend the individual's  4,984        

certificate or deny the individual's application and shall         4,985        

require the individual, as a condition for initial, continued,     4,986        

reinstated, or renewed certification to practice, to submit to     4,988        

treatment.                                                                      

      Before being eligible to apply for reinstatement of a        4,990        

certificate suspended under this division, the impaired            4,992        

practitioner shall demonstrate to the board the ability to resume  4,994        

practice in compliance with acceptable and prevailing standards    4,995        

of care under the provisions of the practitioner's certificate.    4,996        

The demonstration shall include, but shall not be limited to, the  4,998        

following:                                                                      

      (a)  Certification from a treatment provider approved under  5,000        

section 4731.25 of the Revised Code that the individual has        5,002        

successfully completed any required inpatient treatment;           5,003        

      (b)  Evidence of continuing full compliance with an          5,005        

aftercare contract or consent agreement;                           5,006        

      (c)  Two written reports indicating that the individual's    5,008        

ability to practice has been assessed and that the individual has  5,009        

been found capable of practicing according to acceptable and       5,010        

prevailing standards of care.  The reports shall be made by        5,011        

individuals or providers approved by the board for making the      5,012        

assessments and shall describe the basis for their determination.  5,013        

      The board may reinstate a certificate suspended under this   5,016        

division after that demonstration and after the individual has     5,017        

entered into a written consent agreement.                          5,018        

      When the impaired practitioner resumes practice, the board   5,020        

shall require continued monitoring of the individual.  The         5,022        

monitoring shall include, but not be limited to, compliance with   5,024        

the written consent agreement entered into before reinstatement    5,025        

or with conditions imposed by board order after a hearing, and,    5,026        

upon termination of the consent agreement, submission to the       5,027        

board for at least two years of annual written progress reports    5,028        

                                                          110    


                                                                 
made under penalty of perjury stating whether the individual has   5,029        

maintained sobriety.                                               5,030        

      (27)  A second or subsequent violation of section 4731.66    5,032        

or 4731.69 of the Revised Code;                                    5,033        

      (28)  Except as provided in division (N) of this section:    5,035        

      (a)  Waiving the payment of all or any part of a deductible  5,038        

or copayment that a patient, pursuant to a health insurance or     5,039        

health care policy, contract, or plan that covers the              5,040        

individual's services, otherwise would be required to pay if the   5,042        

waiver is used as an enticement to a patient or group of patients  5,043        

to receive health care services from that individual;              5,044        

      (b)  Advertising that the individual will waive the payment  5,047        

of all or any part of a deductible or copayment that a patient,    5,048        

pursuant to a health insurance or health care policy, contract,    5,049        

or plan that covers the individual's services, otherwise would be  5,051        

required to pay.                                                   5,052        

      (29)  Failure to use universal blood and body fluid          5,054        

precautions established by rules adopted under section 4731.051    5,055        

of the Revised Code;                                               5,056        

      (30)  Failure UNTIL TWO YEARS AFTER THE EFFECTIVE DATE OF    5,058        

THIS AMENDMENT, FAILURE of a collaborating physician to perform    5,059        

the responsibilities agreed to by the physician in the protocol    5,060        

established between the physician and an advanced practice nurse   5,061        

in accordance with section 4723.56 of the Revised Code;            5,062        

      (31)  Failure to provide notice to, and receive              5,064        

acknowledgment of the notice from, a patient when required by      5,066        

section 4731.143 of the Revised Code prior to providing            5,067        

nonemergency professional services, or failure to maintain that    5,068        

notice in the patient's file;                                                   

      (32)  Failure of a physician supervising a physician         5,070        

assistant to maintain supervision in accordance with the           5,071        

requirements of Chapter 4730. of the Revised Code and the rules    5,072        

adopted under that chapter;                                                     

      (33)  Failure of a physician or podiatrist to maintain a     5,074        

                                                          111    


                                                                 
standard care arrangement with a clinical nurse specialist,        5,075        

certified nurse-midwife, or certified nurse practitioner with      5,076        

whom the physician or podiatrist is in collaboration pursuant to   5,077        

section 4731.27 of the Revised Code and practice in accordance     5,078        

with the arrangement;                                                           

      (34)  Failure to comply with the terms of a consult          5,080        

agreement entered into with a pharmacist pursuant to section       5,081        

4729.39 of the Revised Code;                                       5,082        

      (35)  Failure to cooperate in an investigation conducted by  5,084        

the board under division (F) of this section, including failure    5,086        

to comply with a subpoena or order issued by the board or failure  5,087        

to answer truthfully a question presented by the board at a        5,088        

deposition or in written interrogatories, except that failure to   5,089        

cooperate with an investigation shall not constitute grounds for   5,090        

discipline under this section if a court of competent              5,091        

jurisdiction has issued an order that either quashes a subpoena    5,092        

or permits the individual to withhold the testimony or evidence    5,093        

in issue.                                                                       

      (C)  Disciplinary actions taken by the board under           5,095        

divisions (A) and (B) of this section shall be taken pursuant to   5,096        

an adjudication under Chapter 119. of the Revised Code, except     5,097        

that in lieu of an adjudication, the board may enter into a        5,098        

consent agreement with an individual to resolve an allegation of   5,099        

a violation of this chapter or any rule adopted under it.  A       5,100        

consent agreement, when ratified by an affirmative vote of not     5,101        

fewer than six members of the board, shall constitute the          5,102        

findings and order of the board with respect to the matter         5,103        

addressed in the agreement.  If the board refuses to ratify a      5,104        

consent agreement, the admissions and findings contained in the    5,105        

consent agreement shall be of no force or effect.                  5,106        

      (D)  For purposes of divisions (B)(10), (12), and (14) of    5,108        

this section, the commission of the act may be established by a    5,109        

finding by the board, pursuant to an adjudication under Chapter    5,111        

119. of the Revised Code, that the individual committed the act.                

                                                          112    


                                                                 
The board does not have jurisdiction under those divisions if the  5,114        

trial court renders a final judgment in the individual's favor                  

and that judgment is based upon an adjudication on the merits.     5,117        

The board has jurisdiction under those divisions if the trial      5,118        

court issues an order of dismissal upon technical or procedural    5,119        

grounds.                                                                        

      (E)  The sealing of conviction records by any court shall    5,121        

have no effect upon a prior board order entered under this         5,122        

section or upon the board's jurisdiction to take action under      5,123        

this section if, based upon a plea of guilty, a judicial finding   5,125        

of guilt, or a judicial finding of eligibility for treatment in    5,126        

lieu of conviction, the board issued a notice of opportunity for   5,127        

a hearing prior to the court's order to seal the records.  The     5,128        

board shall not be required to seal, destroy, redact, or           5,129        

otherwise modify its records to reflect the court's sealing of     5,130        

conviction records.                                                5,131        

      (F)(1)  The board shall investigate evidence that appears    5,133        

to show that a person has violated any provision of this chapter   5,135        

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  5,137        

appears to show a violation of any provision of this chapter or    5,138        

any rule adopted under it.  In the absence of bad faith, any       5,140        

person who reports information of that nature or who testifies                  

before the board in any adjudication conducted under Chapter 119.  5,142        

of the Revised Code shall not be liable in damages in a civil      5,143        

action as a result of the report or testimony.  Each complaint or  5,145        

allegation of a violation received by the board shall be assigned  5,146        

a case number and shall be recorded by the board.                  5,147        

      (2)  Investigations of alleged violations of this chapter    5,149        

or any rule adopted under it shall be supervised by the            5,151        

supervising member elected by the board in accordance with         5,152        

section 4731.02 of the Revised Code and by the secretary as        5,153        

provided in section 4731.39 of the Revised Code.  The president                 

may designate another member of the board to supervise the         5,155        

                                                          113    


                                                                 
investigation in place of the supervising member.  No member of                 

the board who supervises the investigation of a case shall         5,157        

participate in further adjudication of the case.                                

      (3)  In investigating a possible violation of this chapter   5,160        

or any rule adopted under this chapter, the board may administer   5,162        

oaths, order the taking of depositions, issue subpoenas, and       5,163        

compel the attendance of witnesses and production of books,        5,164        

accounts, papers, records, documents, and testimony, except that   5,165        

a subpoena for patient record information shall not be issued      5,166        

without consultation with the attorney general's office and        5,167        

approval of the secretary and supervising member of the board.     5,169        

Before issuance of a subpoena for patient record information, the  5,170        

secretary and supervising member shall determine whether there is  5,173        

probable cause to believe that the complaint filed alleges a                    

violation of this chapter or any rule adopted under it and that    5,174        

the records sought are relevant to the alleged violation and       5,176        

material to the investigation.  The subpoena may apply only to     5,177        

records that cover a reasonable period of time surrounding the     5,178        

alleged violation.                                                 5,179        

      On failure to comply with any subpoena issued by the board   5,182        

and after reasonable notice to the person being subpoenaed, the    5,183        

board may move for an order compelling the production of persons   5,184        

or records pursuant to the Rules of Civil Procedure.               5,185        

      A subpoena issued by the board may be served by a sheriff,   5,187        

the sheriff's deputy, or a board employee designated by the        5,188        

board.  Service of a subpoena issued by the board may be made by   5,190        

delivering a copy of the subpoena to the person named therein,     5,191        

reading it to the person, or leaving it at the person's usual      5,192        

place of residence.  When the person being served is a person      5,193        

whose practice is authorized by this chapter, service of the       5,194        

subpoena may be made by certified mail, restricted delivery,       5,195        

return receipt requested, and the subpoena shall be deemed served  5,196        

on the date delivery is made or the date the person refuses to     5,197        

accept delivery.                                                                

                                                          114    


                                                                 
      A sheriff's deputy who serves a subpoena shall receive the   5,199        

same fees as a sheriff.  Each witness who appears before the       5,201        

board in obedience to a subpoena shall receive the fees and        5,203        

mileage provided for witnesses in civil cases in the courts of     5,204        

common pleas.                                                                   

      (4)  All hearings and investigations of the board shall be   5,206        

considered civil actions for the purposes of section 2305.251 of   5,207        

the Revised Code.                                                  5,208        

      (5)  Information received by the board pursuant to an        5,210        

investigation is confidential and not subject to discovery in any  5,211        

civil action.                                                      5,212        

      The board shall conduct all investigations and proceedings   5,214        

in a manner that protects the confidentiality of patients and      5,216        

persons who file complaints with the board.  The board shall not   5,218        

make public the names or any other identifying information about   5,219        

patients or complainants unless proper consent is given or, in     5,220        

the case of a patient, a waiver of the patient privilege exists    5,221        

under division (B) of section 2317.02 of the Revised Code, except  5,222        

that consent or a waiver of that nature is not required if the     5,223        

board possesses reliable and substantial evidence that no bona     5,225        

fide physician-patient relationship exists.                        5,226        

      The board may share any information it receives pursuant to  5,229        

an investigation, including patient records and patient record     5,230        

information, with other licensing boards and governmental          5,231        

agencies that are investigating alleged professional misconduct    5,232        

and with law enforcement agencies and other governmental agencies  5,234        

that are investigating or prosecuting alleged criminal offenses.                

A board or agency that receives the information shall comply with  5,235        

the same requirements regarding confidentiality as those with      5,236        

which the state medical board must comply, notwithstanding any     5,237        

conflicting provision of the Revised Code or procedure of the      5,239        

board or agency that applies when the board or agency is dealing                

with other information in its possession.  The information may be  5,241        

admitted into evidence in a criminal trial in accordance with the  5,242        

                                                          115    


                                                                 
Rules of Evidence, but the court shall require that appropriate    5,243        

measures are taken to ensure that confidentiality is maintained    5,244        

with respect to any part of the information that contains names    5,245        

or other identifying information about patients or complainants                 

whose confidentiality was protected by the state medical board     5,246        

when the information was in the board's possession.  Measures to   5,247        

ensure confidentiality that may be taken by the court include      5,248        

sealing its records or deleting specific information from its      5,250        

records.                                                                        

      (6)  On a quarterly basis, the board shall prepare a report  5,252        

that documents the disposition of all cases during the preceding   5,253        

three months.  The report shall contain the following information  5,254        

for each case with which the board has completed its activities:   5,255        

      (a)  The case number assigned to the complaint or alleged    5,257        

violation;                                                         5,258        

      (b)  The type of certificate to practice, if any, held by    5,261        

the individual against whom the complaint is directed;             5,262        

      (c)  A description of the allegations contained in the       5,264        

complaint;                                                         5,265        

      (d)  The disposition of the case.                            5,267        

      The report shall state how many cases are still pending and  5,270        

shall be prepared in a manner that protects the identity of each   5,272        

person involved in each case.  The report shall be a public        5,273        

record under section 149.43 of the Revised Code.                                

      (G)  If the secretary and supervising member determine that  5,275        

there is clear and convincing evidence that an individual has      5,277        

violated division (B) of this section and that the individual's    5,278        

continued practice presents a danger of immediate and serious      5,280        

harm to the public, they may recommend that the board suspend the  5,281        

individual's certificate to practice without a prior hearing.      5,283        

Written allegations shall be prepared for consideration by the                  

board.                                                             5,284        

      The board, upon review of those allegations and by an        5,286        

affirmative vote of not fewer than six of its members, excluding   5,288        

                                                          116    


                                                                 
the secretary and supervising member, may suspend a certificate    5,289        

without a prior hearing.  A telephone conference call may be       5,290        

utilized for reviewing the allegations and taking the vote on the  5,291        

summary suspension.                                                5,292        

      The board shall issue a written order of suspension by       5,294        

certified mail or in person in accordance with section 119.07 of   5,295        

the Revised Code.  The order shall not be subject to suspension    5,297        

by the court during pendency of any appeal filed under section     5,298        

119.12 of the Revised Code.  If the individual subject to the      5,300        

summary suspension requests an adjudicatory hearing by the board,  5,301        

the date set for the hearing shall be within fifteen days, but     5,302        

not earlier than seven days, after the individual requests the     5,304        

hearing, unless otherwise agreed to by both the board and the      5,305        

individual.                                                                     

      Any summary suspension imposed under this division shall     5,307        

remain in effect, unless reversed on appeal, until a final         5,308        

adjudicative order issued by the board pursuant to this section    5,309        

and Chapter 119. of the Revised Code becomes effective.  The       5,310        

board shall issue its final adjudicative order within sixty days   5,311        

after completion of its hearing.  A failure to issue the order     5,312        

within sixty days shall result in dissolution of the summary       5,313        

suspension order but shall not invalidate any subsequent, final    5,314        

adjudicative order.                                                5,315        

      (H)  If the board takes action under division (B)(9), (11),  5,318        

or (13) of this section and the judicial finding of guilt, guilty  5,319        

plea, or judicial finding of eligibility for treatment in lieu of  5,320        

conviction is overturned on appeal, upon exhaustion of the         5,322        

criminal appeal, a petition for reconsideration of the order may   5,323        

be filed with the board along with appropriate court documents.    5,324        

Upon receipt of a petition of that nature and supporting court     5,325        

documents, the board shall reinstate the individual's certificate  5,326        

to practice.  The board may then hold an adjudication under        5,327        

Chapter 119. of the Revised Code to determine whether the          5,328        

individual committed the act in question.  Notice of an            5,330        

                                                          117    


                                                                 
opportunity for a hearing shall be given in accordance with        5,331        

Chapter 119. of the Revised Code.  If the board finds, pursuant    5,332        

to an adjudication held under this division, that the individual   5,333        

committed the act or if no hearing is requested, the board may     5,335        

order any of the sanctions identified under division (B) of this   5,336        

section.                                                                        

      (I)  The certificate to practice issued to an individual     5,338        

under this chapter and the individual's practice in this state     5,340        

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      5,342        

subject to a judicial finding of eligibility for treatment in      5,343        

lieu of conviction for any of the following criminal offenses in   5,345        

this state or a substantially equivalent criminal offense in       5,346        

another jurisdiction: aggravated murder, murder, voluntary         5,347        

manslaughter, felonious assault, kidnapping, rape, sexual          5,348        

battery, gross sexual imposition, aggravated arson, aggravated     5,349        

robbery, or aggravated burglary.  Continued practice after         5,351        

suspension shall be considered practicing without a certificate.   5,352        

      The board shall notify the individual subject to the         5,355        

suspension by certified mail or in person in accordance with       5,356        

section 119.07 of the Revised Code.  If an individual whose        5,357        

certificate is suspended under this division fails to make a       5,358        

timely request for an adjudication under Chapter 119. of the       5,359        

Revised Code, the board shall enter a final order permanently      5,360        

revoking the individual's certificate to practice.                 5,361        

      (J)  If the board is required by Chapter 119. of the         5,364        

Revised Code to give notice of an opportunity for a hearing and    5,365        

if the individual subject to the notice does not timely request a  5,366        

hearing in accordance with section 119.07 of the Revised Code,     5,368        

the board is not required to hold a hearing, but may adopt, by an  5,369        

affirmative vote of not fewer than six of its members, a final     5,371        

order that contains the board's findings.  In that final order,    5,372        

the board may order any of the sanctions identified under          5,373        

division (A) or (B) of this section.                               5,374        

                                                          118    


                                                                 
      (K)  Any action taken by the board under division (B) of     5,376        

this section resulting in a suspension from practice shall be      5,377        

accompanied by a written statement of the conditions under which   5,378        

the individual's certificate to practice may be reinstated.  The   5,380        

board shall adopt rules governing conditions to be imposed for     5,381        

reinstatement.  Reinstatement of a certificate suspended pursuant  5,382        

to division (B) of this section requires an affirmative vote of    5,383        

not fewer than six members of the board.                           5,384        

      (L)  When the board refuses to grant a certificate to an     5,387        

applicant, revokes an individual's certificate to practice,        5,389        

refuses to register an applicant, or refuses to reinstate an       5,390        

individual's certificate to practice, the board may specify that   5,391        

its action is permanent.  An individual subject to a permanent     5,392        

action taken by the board is forever thereafter ineligible to      5,393        

hold a certificate to practice and the board shall not accept an   5,394        

application for reinstatement of the certificate or for issuance   5,395        

of a new certificate.                                                           

      (M)  Notwithstanding any other provision of the Revised      5,397        

Code, all of the following apply:                                  5,398        

      (1)  The surrender of a certificate issued under this        5,400        

chapter shall not be effective unless or until accepted by the     5,402        

board.  Reinstatement of a certificate surrendered to the board    5,403        

requires an affirmative vote of not fewer than six members of the  5,404        

board.                                                                          

      (2)  An application for a certificate made under the         5,407        

provisions of this chapter may not be withdrawn without approval   5,409        

of the board.                                                                   

      (3)  Failure by an individual to renew a certificate of      5,412        

registration in accordance with this chapter shall not remove or                

limit the board's jurisdiction to take any disciplinary action     5,414        

under this section against the individual.                         5,415        

      (N)  Sanctions shall not be imposed under division (B)(28)   5,418        

of this section against any person who waives deductibles and      5,419        

copayments as follows:                                                          

                                                          119    


                                                                 
      (1)  In compliance with the health benefit plan that         5,421        

expressly allows such a practice.  Waiver of the deductibles or    5,422        

copayments shall be made only with the full knowledge and consent  5,423        

of the plan purchaser, payer, and third-party administrator.       5,424        

Documentation of the consent shall be made available to the board  5,425        

upon request.                                                                   

      (2)  For professional services rendered to any other person  5,427        

authorized to practice pursuant to this chapter, to the extent     5,429        

allowed by this chapter and rules adopted by the board.            5,430        

      (O)  Under the board's investigative duties described in     5,432        

this section and subject to division (F) of this section, the      5,434        

board shall develop and implement a quality intervention program   5,436        

designed to improve through remedial education the clinical and    5,438        

communication skills of individuals authorized under this chapter  5,439        

to practice medicine and surgery, osteopathic medicine and                      

surgery, and podiatry.  In developing and implementing the         5,441        

quality intervention program, the board may do all of the          5,442        

following:                                                                      

      (1)  Offer in appropriate cases as determined by the board   5,444        

an educational and assessment program pursuant to an               5,445        

investigation the board conducts under this section;               5,446        

      (2)  Select providers of educational and assessment          5,448        

services, including a quality intervention program panel of case   5,449        

reviewers;                                                                      

      (3)  Make referrals to educational and assessment service    5,452        

providers and approve individual educational programs recommended  5,453        

by those providers.  The board shall monitor the progress of each  5,454        

individual undertaking a recommended individual educational        5,455        

program.                                                           5,456        

      (4)  Determine what constitutes successful completion of an  5,458        

individual educational program and require further monitoring of   5,459        

the individual who completed the program or other action that the  5,461        

board determines to be appropriate;                                             

      (5)  Adopt rules in accordance with Chapter 119. of the      5,463        

                                                          120    


                                                                 
Revised Code to further implement the quality intervention         5,465        

program.                                                                        

      An individual who participates in an individual educational  5,468        

program pursuant to this division shall pay the financial          5,469        

obligations arising from that educational program.                 5,470        

      Section 2.  That existing sections 2925.02, 2925.03,         5,472        

2925.11, 2925.12, 2925.14, 2925.23, 2925.36, 3719.06, 3719.81,     5,473        

4723.02, 4723.04, 4723.06, 4723.07, 4723.08, 4723.151, 4723.28,    5,475        

4723.42, 4723.43, 4723.431, 4723.44, 4723.47, 4723.52, 4723.56,    5,476        

4723.561, 4723.57, 4723.58, 4723.59, 4729.01, 4729.51, and         5,477        

4731.22 of the Revised Code are hereby repealed.                   5,478        

      Section 3.  That Section 3 of Am. Sub. H.B. 478 of the       5,480        

119th General Assembly, as most recently amended by Am. Sub. S.B.  5,481        

154 of the 121st General Assembly, be amended to read as follows:  5,482        

      "Sec. 3.  Sections 4723.51, 4723.52, 4723.53, 4723.54,       5,484        

4723.55, 4723.56, 4723.57, 4723.58, 4723.59, and 4723.60 of the    5,485        

Revised Code are hereby repealed, effective January 1, 2010."      5,486        

      Section 4.  That existing Section 3 of Am. Sub. H.B. 478 of  5,488        

the 119th General Assembly, as most recently amended by Am. Sub.   5,489        

S.B. 154 of the 121st General Assembly, is hereby repealed.        5,490        

      Section 5.  Sections 4723.56, 4723.561, 4723.57, and         5,492        

4723.58 of the Revised Code are hereby repealed, effective two     5,493        

years after the effective date of this act.                        5,494        

      Section 6.  Until two years after the effective date of      5,496        

this act, the Board of Nursing shall issue a certificate under     5,497        

section 4723.48 of the Revised Code to prescribe drugs and         5,498        

therapeutic devices to a nurse who holds approval to prescribe     5,499        

drugs and therapeutic devices granted under section 4723.56 of     5,500        

the Revised Code and who meets all the requirements listed in      5,501        

division (C) of section 4723.48 of the Revised Code, other than    5,502        

the requirement that the nurse has successfully completed the                   

advanced pharmacology instruction required by division (A) of      5,503        

that section.                                                                   

      Section 7.  The amendment of section 4723.52 of the Revised  5,505        

                                                          121    


                                                                 
Code by this act shall take effect two years after the effective   5,506        

date of this act.