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.